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, MONDAY, SEPTEMBER 10, 2001 No. 116 Senate The Senate met at 11 a.m. and was I pledge allegiance to the Flag of the complete as soon as possible, with the called to order by the President pro United States of America and to the Repub- fiscal year coming to a close at the end tempore [Mr. BYRD]. lic for which it stands, one nation under God, of this month. indivisible, with liberty and justice for all. The majority leader has indicated PRAYER f that he will have a vote between 5 and The Chaplain, Dr. Lloyd John RESERVATION OF LEADER TIME 5:30 tonight. Senator HOLLINGS under- Ogilvie, offered the following prayer: stands that. So Members should expect The PRESIDENT pro tempore. Under Father, thank You for the privilege a vote tonight between 5 and 5:30. the previous order, leadership time is to pray to You at the beginning of this The PRESIDENT pro tempore. The reserved. work week in the United States Sen- Senator from Wyoming, Mr. THOMAS, is ate. Gratefully, we remember the his- f recognized. toric event which made possible one of MORNING BUSINESS Mr. THOMAS. Mr. President, I yield America’s most enduring traditions. the first 15 minutes to my friend, the On September 7, 1774, the first prayer The PRESIDENT pro tempore. Under Senator from Idaho. in Congress was prayed when the Con- the previous order, there will now be a The PRESIDENT pro tempore. The tinental Congress convened. We praise period for the transaction of routine Senator from Idaho is recognized for You that this declaration of depend- morning business not to extend beyond not to exceed 15 minutes. the hour of 12 noon with Senators per- ence on You led to the Declaration of f Independence twenty-two months mitted to speak therein for up to 10 THE LAST OF THE ‘‘SLUDGE’’ later. We reflect on the many times minutes each. FROM THE CLINTON ADMINIS- throughout our Nation’s history that Also under the previous order, the TRATION prayer broke deadlocks, opened the time until 11:30 a.m. will be under the way to greater unity, and brought light control of the Senator from Wyoming, Mr. CRAIG. Mr. President, I am on in our darkest times. As we celebrate Mr. THOMAS, or his designee. Under the the floor of the Senate today to speak the power of prayer in years past, deep- previous order, the time until 12 noon to an issue that is right in Washington en our individual and corporate prayers will be under the control of the Sen- D.C., in our midst. It is something that for this Senate and our Nation. Help us ator from Illinois, Mr. DURBIN, or his I think few of us realize, but it has to say those crucial words, ‘‘One Na- designee. begun to get the attention of the tion Under God’’ with new trust in You f American public. We have seen several this morning. news articles on it in the last month. RECOGNITION OF THE ACTING Mr. President, the Bush administra- Dear God, bless America. Guide this MAJORITY LEADER Senate to lead this Nation to greater tion inherited an environmental mess trust in You. We need a profound spir- The PRESIDENT pro tempore. The from previous administrations over the itual awakening once again. Forgive Senator from Nevada, Mr. REID, is rec- past good number of years. As I have our Nation’s humanistic secularism, ognized. said, it is right here in the backyard of materialism, and insensitivity to the f Washington, DC. The Washington Aq- problems of poverty, racism, and injus- ueduct, which is operated by the Army STATUS OF THE COMMERCE, tice. Lower Your plumb line of right- Corps of Engineers, is in violation of STATE, JUSTICE APPROPRIA- eousness on every facet of our society the Endangered Species Act and the TIONS BILL and reveal what is out of plumb for Clean Water Act. Millions of pounds of what You desire for America. May our Mr. REID. Mr. President, I spoke Fri- sludge, laced with alum, are created prayers draw us to Your heart. We day afternoon with Senator HOLLINGS, when the Potomac River water is want this prayer to begin a continuous who will manage the Commerce, State, treated for drinking water for the conversation with You throughout this Justice appropriations bill. He indi- Washington, D.C. and Northern Vir- day. Help us to listen, discern Your cated that he and Senator GREGG are ginia area. will, and obey with faithfulness. You ready to go to work. They will be on I have a picture of the release of the are our Lord and Saviour. Amen. the floor at noon today. There are a aqueduct into the Potomac River. f number of amendments, but we don’t Rather than send the sludge to a land- think there will be a lot of amend- fill, as other cities are required to do, PLEDGE OF ALLEGIANCE ments. We need to move this bill very it is dumped back into the Potomac The President pro tempore led the quickly. As soon as we finish, we have River. Strangely enough, Mr. Presi- Pledge of Allegiance, as follows: seven more appropriations bills to dent, it is dumped into the river at

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

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VerDate Mar 15 2010 03:22 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 S9206 CONGRESSIONAL RECORD — SENATE September 10, 2001 night. Why? I suspect so that the pub- want to pollute the water of their com- None of this is going on in the Co- lic will not see it or ask the question: munity and especially through the lumbia and Snake Rivers, and yet we What is it? Therefore, it is dumped middle of a national park. However, have five listed endangered species of through the Chesapeake and the Ohio this is the typical response of ‘‘not in salmon there. That water must be Canal National Historic Park. my backyard.’’ We now affectionately maintained in a near or pristine qual- The Corps claims that to alter this call it NIMBY or being ‘‘NIMBYfied.’’ ity, and we have all kinds of activities process so that it functions like other Clearly, in this instance, Washington going on up and down the stretch of the water treatment facilities will take is silent in its NIMBYism. The situa- rivers to improve the water quality, years to plan, to build, and to become tion, I repeat, would not be tolerated in but not in Washington and not for the operational. The only problem is that the West because a Federal court would shortnose sturgeon. they have been saying that now for order a community to stand down and The U.S. Fish and Wildlife Service decades. be responsible under the regulations of and the National Marine Fisheries The Corps has stated that if it were the law. Service have stated that the discharge prohibited from dumping millions of According to the Army Corps, the may also result in chemo-sensory dis- pounds of toxic sludge into the river to volume of chemically treated sludge ruption and EPA documents state that protect an endangered species would discharged into the primary, if not the the discharges may result in what we create a security crisis. What would only, spawning habitat of the endan- call bio-accumulation of harmful the crisis be? Well, it would deprive the gered shortnose sturgeon is large chemicals. I am getting a little more White House, the Congress, the courts, enough to require 15 dump truckloads a technical than is necessary. and the Pentagon of adequate drinking day to haul it away from the area. This picture is worth a thousand water. This chart is a picture taken at dawn more words than I can express about Mr. President, I have to be honest. of the sludge pouring into the river. the situation that is going on. That kind of an argument and that sit- While it is hard to see, in the distance The National Marine Fisheries Serv- uation outrages me. I believe that no lies the natural quality of the water. ice is allowing the project to proceed one should be above the law, including This is the chemical sludge that pours on the basis that the fish has not been the Nation’s Capital. Of all the places into the Potomac River during the verified in the upper tidals of the Poto- that I thought we would never hear the night. Of course, this is a picture that mac. Yet the regional director of the phrase, ‘‘not in my backyard,’’ we are is not very handsome, and I am sure National Marine Fisheries Service hearing it repeatedly said right here in the Army Corps of Engineers would not stated more than 2 years ago that stud- Washington by the Army Corps of En- like to have it dramatized, but in re- ies funded by the Corps that were crit- gineers. A situation of this nature ality, this is exactly what goes on. This ical to the analysis of the sturgeon sta- would never have occurred in the West dumping represents 15 truckloads of tus in the Potomac would commence because the Endangered Species Act material that should be hauled away that spring. would have trumped all of the other on a daily basis. It was determined that the fish are in needs first. In fact, a community would It has been concluded that a single the river. Only four species have been be taxed beyond its capacity to finance enormous discharge that includes sev- verified, not counting reports of stur- a new facility and that facility would eral million pounds of solids, often geon caught by sports fishermen. In be ordered to be built by a court. There done under the cover of night, as I have fact, at one time, sturgeon was so would be no arbitrary frustration of mentioned, or in inclement weather, abundant in the river, along with other national security or that we simply may contain the equivalent of a sig- fish, that it created a commercial fish- can’t get there in a timely fashion. nificant amount of the total annual ery. George Washington took advan- Let me give you an example in discharge of phosphorous and nitrogen tage of that commercial fishery with McCall, ID. The drinking water source by the city’s sewer treatment facili- his own fleet of fishing boats. In fact, I from the community is cleaner than ties. This gives you the magnitude of am oftentimes told, and I have even the standards of the Safe Water Drink- the problem with which we are dealing. looked at the transcripts from Mount ing Act. However, the community has In the mid-1990’s, area residents man- Vernon, that one of the most lucrative been struggling for the last decade to aged to get the Congress to require parts of the Mount Vernon operation finance a new drinking water system in that Federal agencies give special at- was fishing in the Potomac. We know order to comply with Federal regula- tention to the concerns of the local that cannot happen nor would it hap- tions. residents when the facility was reper- pen today. I strongly feel that no one entity mitted and thwarted the EPA’s The National Marine Fisheries Serv- should operate as if it was above the issuance of a new permit that would ice has concluded that the fish is law and especially in our Nation’s Cap- have halted the dumping. In other present in the general area because ital. If changes need to be made to the words, there was an effort at one point, commercial fishermen turned in the Washington Aqueduct, then the Corps but local citizens and, quietly, the EPA sturgeon they happened to catch in should be taking steps to work with in the mid-90’S winked and nodded and their nets in response to a reward pro- the affected communities to establish a said—‘‘Not In Our Backyard.’’ This is gram for another species of sturgeon new plan. That is what is expected of the Nation’s Capital and it would cre- that was known to be in the area. all of the communities in my State, in ate a national security problem, and so The bottom line is, there are threat- the West, and across the Nation, and no you are permitted. No new permit, ened and endangered fish in the Poto- less should be expected by our Nation’s though, has been issued since the old mac River, and yet the Army Corps has Capital. one expired. They just let it roll on. done nothing in response to the need to A new discharge permit would re- The expired permit has no limits on cooperate. quire the current illegal discharge to the total suspended solids, alum, and In my State of Idaho, or any other cease, and that, of course, is the prob- iron, discharged by the aqueduct. No State in the Nation, this is a practice lem. This new permit has not been other city in the Nation would get that would not be tolerated, and that is issued because there is a concern by away with that, nor would there be a why I have come to the floor today. We local residents who do not want the wink and a nod. The aqueduct dis- pass laws, you and I, Mr. President, and dump trucks hauling the sludge charges under continuation of the old the administration writes the regula- through their community; thus, a re- permit pending issuance of a new one. tions to administer those laws. The En- sulting belief that ratepayers would The Department of Justice contends dangered Species Act over the last prefer that the sludge be dumped into this is not a violation of the ESA to three decades has been touted by some the river rather than pay for the cost dump millions of pounds of chemically to be the most progressive environ- of the facilities to treat it. At least treated sludge into the primary spawn- mental law in our Nation, and clearly that appears to be the attitude at this ing habitat of an endangered species it has saved species of threatened and moment. that may be present at the exact loca- endangered plants, animals, fish. I have a hard time believing that the tion of the dumping in the Potomac My State has been largely reshaped residents of any community would River. by it. Federal land use plans in my

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9207 State are much more prescriptive session after the recess, and we are as it should be, I believe, particularly today and controlled by the very issue faced with much to do. I think that is as we find ourselves in a time with a of the Endangered Species Act. But not unusual. It is often the case things very slowing economy. What else is here, by a wink and by a nod, nothing pile up towards the end of the session, more important than to return more happens. It is a river that you and I, of course, but it seems to me we have money to the taxpayers if we indeed Mr. President, for years have worked a great many items to consider. have a surplus? And we are doing that. to pass legislation that would progres- There are 13 appropriations bills to The question, of course, is one of not sively clean it up and improve it, mov- be passed in order to have this Govern- reaching into Social Security, which I ing it back toward a time when it was ment operate in the next fiscal year. happen to agree with, although we a viable fishery on the east coast. But The fiscal year begins October 1, which have done that for how many years and with the millions of pounds of sludge is only 3 weeks away. In the course of those dollars are accounted for in the dumped daily into this river in the those 3 weeks, there are several days Social Security fund, even though for dark of night under a permit that has which, for various reasons—the Jewish years they have been spent for other not been reissued since 1994—really, holidays, and so on—there will not be things without a great deal of com- how long do we allow something like votes. So we have really a relatively plaint, I might add. this to go on? How long do we allow the short time. However, I do not think that is really Army Corps of Engineers to continue Obviously, what we will be doing is the issue. The issue is holding down to operate because it is in our best in- passing a continuing resolution before spending to comply with the budget terest in the Nation’s Capital, the city this is over, but nevertheless we have a that we passed. It seems to me that that ought to lead by example but can great deal to do. None of these bills has ought to be our challenge. get away with a direct violation of the yet gone to the President. Some of There is, of course, in my view, no law or by ignoring the enforcement of them have been passed in both Houses real threat to the beneficiaries of So- the law? and are waiting now on the conference cial Security. Those obligations are I do not think that should be the committees. there. They are going to be there. We case. That is why I stand in the Cham- To be sure, it is difficult. It is always have paid down more debt because of ber to dramatize this issue and to difficult. This year we are seeing some the surpluses over the last several speak more clearly to it. While I be- more difficulties because of the change years than in years past. So what we lieve the Endangered Species Act needs in conditions with regard to the sur- really need to do is address ourselves to be reformed, there is not any way I plus, because of the difficulty I think to the issues we have before us. The could write it to reform it that would we are finding now in staying within turndown in the economy, of course, is justify this, nor would I try. Nor would the budget we passed some time ago. the thing most of us are very con- any Senator vote for that kind of a re- Nevertheless, those are the items be- cerned about, all of us, whether we are form. fore us. here, whether we are in Casper, WY, or Yes, we would expect the Endangered It does not seem to me perhaps that wherever, and to do what we can to Species Act to be more practical in its we are moving ahead quite as rapidly seek to play the Government’s role in application, and, yes, we would want a as we might. It does not seem to me we doing what we can to change that. more cooperative relationship with have a very well designed plan to ac- A reduction in taxes, the return of local communities of interest, but complish these things within a certain taxes, is designed to help do that. never would we ever tolerate the kind period of time. Hopefully, it will. We are not through of an aggressive act that goes on in I understand it is very difficult to with that yet. We are in the process Washington on a daily basis, as I have bring together a group of this kind with, I believe, seven reductions in the said, oftentimes in the dark of night by with different views and properly argue last year in interest rates designed this city and by our own agency, the those views. On the other hand, the hopefully to stimulate the economy. Army Corps of Engineers, which is pri- role of leadership is to have a plan. It We need to do that. marily responsible for the water treat- is the role of leadership to cause things Limiting our spending in the budget ment of this city. to happen. Even though they are dif- is another aspect we are seeking to The application of the Endangered ficult issues, they must be done. Unfor- help pick up and strengthen the econ- Species Act, as we see it, is good for tunately, as I noticed particularly this omy. There are some other things we the country and good for the West. It weekend on public media, and so on, ought to be doing. We ought to be ought to be the same act and it ought rather than seeking to find a plan to doing something with giving the Presi- to be enforced in the same way in our move forward, we seem to be spending dent the opportunity to have trade Nation’s Capital. This is simply not more time blaming one another, par- agreements that are then brought to being done. ticularly the President and the admin- the Senate for approval. They are all I am in the Chamber to speak to that istration, for the difficulties in which brought to the Senate for approval, but issue and to recognize I have been in- we find ourselves. the world economy and our involve- volved with others in trying to bring We can have different points of view ment in trade, particularly in agri- about the conformity of the enforce- about whether that is valid or whether culture, in which I am involved, was ment of the Endangered Species Act as it is not, but even if it is, the fact is we the difficulty in the Asian currency a we rebuild the Woodrow Wilson Bridge. have things to do and we should be year ago which brought a good deal of This is one of many issues where there moving ahead with the plan to do problems to our economy. So we are a seems to be this attitude, well, if it is them. Instead of that, we seem to be part of that, of course. the Government doing it, somehow the spending more of our time complaining There are a number of things we can Government can get away with it, and about the administration’s plan. The do, and I cannot think of anything if it is in or near our Nation’s Capital, fact is, we do have indeed the second more important for us to talk about where national security and the impor- largest surplus in our history. We also collectively than what is appropriate tance of the Congress are involved, have a budget that we passed that is for the Government in helping to then surely we can wink and nod and about a 4-percent increase, which is a strengthen this economy. we can let the law be bypassed. fairly low increase, which is what we Yesterday, again on the TV, there I think not, Mr. President, and I need compared to what we have spent were some questions about that: Oh, think you agree with me. in the past several years. Our challenge no, it is up to the President to do that. I yield the floor. is to stay within the budget we passed I do not agree with that. Of course, the The PRESIDENT pro tempore. The and to continue to move forward in President is the one who brings up the Senator from Wyoming, Mr. Thomas. doing that. suggestions to the Senate. The Presi- f We hear a great deal of complaint dent is not in control of the Senate, about tax relief—too much tax relief. and the Senate has some responsibil- PLANNING THE SENATE AGENDA As a matter of fact, we are in the proc- ities to take leadership as well. The Mr. THOMAS. Mr. President, we ess of passing that relief back to the idea of saying it all began since this enter into our second week of this fall’s people who own the money, and that is President became President is not true.

VerDate Mar 15 2010 03:22 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 S9208 CONGRESSIONAL RECORD — SENATE September 10, 2001 It has been here for a year, and then to from the Republican camp, totally, for lowest inflation, lowest employment in say it is up to the President, I do not weeks and weeks, and months, and more than 40 years, created 25 million agree with that. more than a year; we were finally able new jobs, reduced the deficit from $300 Each of us in this body has some re- to get to that legislation after being billion a year to surpluses. sponsibility to give thought to what we held up for several days—after we fin- Now, with this great budget we have can do to help strengthen this econ- ished that bill we wanted to go to Com- been given by George W. Bush, we are omy, which everyone in this country merce-State-Justice but they would in trouble already. Everyone acknowl- wants us to do. not let us. There was an objection to a edges that we don’t have the money for In addition to that, of course, it motion to proceed. these tremendous tax cuts in the fu- seems to me we ought to be moving on Members can come to the floor all ture. It has put a real damper on our an energy bill. This is very important they want to talk about what is going economy. to us, not only to the economy, but we on, but Members should state the facts. Since the passage of the President’s are going to see some more impacts of The facts are, we have been trying to budget, we have witnessed a steady de- it, of course, in the winter. We can do move forward. If it had been up to us, cline in the number of economic indi- that. We started to work on pharma- we would have completed all the appro- cators. Each week there is a new eco- ceuticals. The budget contains oppor- priations bills. nomic indicator indicating we are in tunity for that. We can do that. Edu- The economy is in trouble. Whether trouble. Majority Leader DASCHLE said cation has been passed by both Houses we like it or not, the President of the this weekend, when you take a U-turn of Congress and still remains in con- United States is seen to be the person on economic policy, you can expect a ference. directing the economy of the country. U-turn in the direction of the economy. I know many in the leadership on Basically, that is true. That is what we have. The problems both sides are very anxious to work to- Over the weekend, the press reported we face because of the President’s gether and show evidence of working all over America a conversation be- budget deserve immediate attention. together and want to work together. I tween Speaker HASTERT and the Presi- My friend from Wyoming said it is certainly encourage that be done so we dent of the United States, George W. really not the President. It is the can do what we are here to do, which is Bush. I quote Speaker HASTERT: A year President. He got us into this mess. He to solve the problems before the coun- from now is when it matters. He is needs to give us a blueprint for trying try, the legitimate problems for the talking to the President about the to get out of this mess. We are going to Federal Government. terms of the economy. A year from now go ahead and do the country’s business I yield the floor. is when it matters. and work our way through the appro- The PRESIDENT pro tempore. The Let’s see, a year from now is real priations bills the best we can. We have Senator from Nevada. close to midterm elections. Is that a one-vote majority. That makes it f what they are talking about? Of course tough in the Senate. We need some it is. leadership from the President of the THE BUDGET President Bush responds: ‘‘It’s my United States, other than saying ‘‘a Mr. REID. Mr. President, I say to my timeframe, too.’’ So we have the year from now is when it matters.’’ friend from Wyoming, it is true we Speaker and the President saying they It matters right now. The current have the second largest surplus in the are not concerned about the economy state of the economy is one of people history of this country; however, it is now, but they are concerned about losing jobs; the surplus has already dis- all Social Security money. what happens a year from now. That is appeared. We are going back to the The administration keeps talking too bad. We have to be concerned about days of deficits already. And the fact about this huge surplus. They never the economy today, not a year from that the ranking member of the Budget give a caveat, saying, yes, we have the now. We have an economy that is in Committee, my friend from New Mex- second largest surplus, but the reason real trouble. That is a fact. Rarely do ico, Senator DOMENICI, was quoted in we have that is because in 1983, the all economists agree on everything, but the press, saying maybe we should Congress, with Thomas ‘‘Tip’’ O’Neill, when it comes to the current state of spend Social Security surpluses. Claude Pepper, Senator BYRD, and our economy, there is uniform agree- To show the disarray on the other President Reagan, got together and ment that things are getting worse in- side, we have some who are calling for said, let’s forward fund Social Secu- stead of better. more tax reductions to solve the prob- rity. In fact, Social Security has been As a result of the 1993 Budget Deficit lems of this economy and to reduce the forward funded, recognizing the baby Reduction Act, which was a very dif- capital gains taxes. The thing we are boomers would have to receive large ficult vote, President Clinton gave us now hearing is the Republicans are sums of money up front. So when the that budget. It was a tough vote for all fighting among themselves as to baby boomers come, there will be Members. In the House of Representa- whether that is a good deal. money. If we did nothing with Social tives, without a single Republican The President of the United States Security, everyone would draw 100 per- vote, it passed by one vote. Courageous today, as we speak, is in Florida talk- cent of their benefits until about the people lost their seats in the House of ing about the need to pass an education year 2030. After 2030, if we did nothing, Representatives. The hero that I look bill. The first thing the Democrats did they would still draw 75 to 80 percent to is MARIA CANTWELL. She served one upon taking power in the Senate was of benefits. The debate is to make sure term in the House of Representatives. pass the education bill. We did that. after the year 2030 Social Security re- She knew if she voted for that Budget Senator DASCHLE could have brought cipients receive all their benefits. Deficit Reduction Act it would hurt up all kinds of other legislation, but For Members to say President Bush her in reelection, and it did, but she did the majority leader placed education is such a great guy, he has the second the right thing and now is a Member of on the agenda. And we worked our way largest surplus in the history of the the Senate. Not all people were as for- through that and passed it. There were country, is disingenuous. It is not fac- tunate as MARIA CANTWELL. Some lost some battles as to whether we should tual. The surplus is as a result of So- and their political careers ended. do this or that, but it was passed. cial Security. In the Senate of the United States, There was compromise. Legislation is My friend from Wyoming said we the vote was a tie and the Vice Presi- about the art of compromise. should move forward. We have been dent of the United States came over For the President of the United trying to move forward. We would have and sat where the Presiding Officer is States to be in Florida saying, ‘‘Pass already completed the appropriations now sitting and cast a tie-breaking my education bill,’’ which is now in bills but we have been prevented from vote to allow that budget deficit plan conference, takes money, dollars, not moving forward on them. When we fin- to go forward. As a result, we had 7 to just go around talking about what a ished the legislation last week that we years of really good times in this coun- great bill we have. worked so hard to complete, the Export try. The votes were tough. We reduced I can remember when I was not as Administration legislation—which, by unemployment by over 300,000 people, educated in ‘‘things Washington,’’ and the way, was held up strictly by people excluding the military. We had the I would read in the newspapers that

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9209 someone in the Nevada delegation have one of her limbs amputated or If we fail to fund research for the new issued a statement that some bill had even lose her sight as a result of this stem lines that are created without passed. Oh, I thought, good times are diabetes. mouse cells, foreign scientists will still here. Little did I know that what you There is something that gives Mollie conduct research on stem cell lines needed was an appropriation to go and Steve hope, and that is stem cell that fall outside his guidelines. This re- along with that authorization. I do not research. It gives hope to tens of mil- search is going to go forward. think the President of the United lions of Americans and their families Shouldn’t it go forward under the States is being fair to the American who, like Steve Rigazio and Mollie greatest scientific umbrella in the his- public by not recognizing that you Singer, suffer from Lou Gehrig’s dis- tory of the world, the National Insti- need to do more than authorize; you ease, diabetes, or Alzheimer’s, Parkin- tutes of Health? The answer is yes, need to appropriate. And he will not son’s, lupus, heart disease, spinal cord that is where it should go forward, not help us with that. So to go down to injuries, and other illnesses. Since in the little communities throughout Florida today and have a big stem cells can transform into nearly the world that are trying to get a step cheerleading session with students all the different tissues that make up up on the United States. This research about ‘‘I am the guy who is going to the human body, they can replace de- is going to go forward. Let’s do it the help you with education’’ when he is fective or missing cells. Scientists are right way. unwilling to help us finance education really very optimistic that one day As a result of the guidelines of the is wrong. stem cells will be used to replace defec- President, we will not have the ability I don’t know how many more people tive cells in children with juvenile dia- to provide any oversight of this re- have to lose their jobs, lose their cars, betes or even to create rejection-free search, if it is done overseas, to ensure lose their homes. How many will it organs. that it is conducted by ethical means. Not only will we risk losing our most take before we have the President tell- Knowing that stem cells may have talented scientists to foreign countries, ing us we need a new budget? The old the power to save and improve lives, we but we also jeopardize our potential as budget will not work. The economy cannot deny researchers the tools they a nation to remain a world leader in will not be fixed by hastily arranged need to fully realize the potential of stem cell research. stem cells. If we fail to seize promising press conferences such as we had last Over the course of the next several week when they found there was a 4.9- research opportunities, we will fail months, scientists will continue to de- percent unemployment rate. There was millions of Americans and their fami- termine whether President Bush’s pol- a quick press conference held, and all lies and people all over the world. icy will allow stem cell research to ad- the congressional leadership ran to the Early last month, President Bush an- vance at a reasonable pace. As we con- White House, and that is where they nounced he would limit Government tinue to evaluate the President’s fund- came up with this brilliant statement; funding for research to the stem cell ing guidelines, we need to keep in mind it doesn’t matter what is happening lines that already existed at the time that millions of Americans who suffer now; what we need to look at is what of his announcement. This was obvi- from devastating illnesses do not have going to happen a year from now. ously a political compromise. I am the luxury of time—Steve Rigazio as We need to work with the President pleased that the President left the door an example. We cannot continue to in righting this problem, but we need open for Federal funding of stem cell dangle the hope of cure or the promise some direction from the White House. research in some capacity, but I am of scientific breakthrough before these f very concerned that he has not opened patients and their families without the door far enough to allow scientists STEM CELL RESEARCH adequately supporting research to to fully realize the life-saving potential allow scientists to achieve these very Mr. REID. Mr. President, 3 years ago of stem cells. important discoveries. a young man by the name of Steve Last week, Secretary Thompson an- I suggest the absence of a quorum. Rigazio, president and chief operating nounced that no more than 25 of the 64 The PRESIDENT pro tempore. The officer for the largest utility in Ne- stem cell lines the National Institutes clerk will call the roll. vada, Nevada Power—a fine, fine young of Health listed as falling under the The legislative clerk proceeded to man—was diagnosed with Lou Gehrig’s President’s criteria are fully developed. call the roll. disease. It is a devastating illness that We still do not know whether the re- Mr. HOLLINGS. Mr. President, I ask affects the nerve cells in the spinal maining 40 stem cell lines would be unanimous consent the order for the cord and causes muscles to wither and useful to science. What we do know quorum call be rescinded. die very quickly. He has lived longer about the 25 viable stem cell lines that The PRESIDING OFFICER (Mr. than people expected. The normal time fall under the President’s guidelines is LEAHY). Without objection, it is so or- from the time of diagnosis, when you very troubling. Why? Most, if not all, dered. are told you have this disease, until of the existing stem cell lines have f the time you die, is 18 months. He has been mixed with mouse cells. As a re- CONCLUSION OF MORNING lived 3 years. He no longer works. He sult, these cells could transfer deadly BUSINESS finally had to give up his job. animal viruses to people, human Because Lou Gehrig’s disease attacks beings. The PRESIDING OFFICER. Morning the body but leaves the mind intact, It is also unclear whether these cells business is closed. this vibrant man has had to watch his will be suitable for transplanting into f body deteriorate around him. He is a people. Just last week, Dr. Douglas DEPARTMENTS OF COMMERCE, man of great courage, and I hope he Melton, a professor of molecular and JUSTICE, AND STATE, THE JUDI- lives much longer than people expect. cellular biology at Harvard, testified CIARY, AND RELATED AGENCIES He deserves it. that cells derived from mice ‘‘have APPROPRIATIONS ACT, 2002 I have had visiting me for a number proven unreliable over time for re- The PRESIDING OFFICER. Under of years now two beautiful little girls search, either dying out or growing the previous order, the Senate will now from Las Vegas. They are twins. They into diseased forms.’’ proceed to the consideration of H.R. are now 12 years old. One of the twins, Even though scientists are working 2500, which the clerk will report. Mollie Singer, has struggled with juve- on ways to grow human embryonic cell The legislative clerk read as follows: nile diabetes since she was 4 years old. lines without using mouse cells, they A bill (H.R. 2500) making appropriations She has had thousands of pricks of her will not be eligible for Federal research for the Departments of Commerce, Justice, skin—thousands. She is a beautiful lit- money because they will be created and State, the Judiciary, and related agen- tle girl who believes that we in Wash- after President Bush’s arbitrary Au- cies for the fiscal year ending September 30, ington can help her not have to take gust 12 deadline. Last week the admin- 2002, and for other purposes. all these shots. As do the million istration confirmed it would not recon- The PRESIDING OFFICER. The dis- Americans who suffer from this illness, sider this deadline, even if it were later tinguished Senator from South Caro- Mollie fears that her kidneys will fail, discovered that none of these cell lines lina, the chairman of the Commerce she will get some kind of infection and was suitable for long-term research. Committee, is recognized.

VerDate Mar 15 2010 03:22 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 S9210 CONGRESSIONAL RECORD — SENATE September 10, 2001 AMENDMENT NO. 1533 funded through this bill, whether they Commerce, Justice, State appropria- Mr. HOLLINGS. Mr. President, I send are farmers receiving information nec- tions bill also focuses on replacing the an amendment to the desk and ask the essary to effectively manage their aging information technology and clerk to report it. crops, or families receiving lifesaving other core infrastructure needs of the The PRESIDING OFFICER. The emergency bulletins regarding torna- Departments of Justice, Commerce, clerk will report. does, floods, torrential rains, and hur- and State. The legislative clerk read as follows: ricanes. As I said before, this is a well round- The Senator from South Carolina [Mr. Small communities benefit from the ed bill with a number of important ac- HOLLINGS], for himself and Mr. GREGG, pro- economic development programs fund- counts. I would like to take a few more poses an amendment numbered 1533. ed in this bill. Nearly 1,500,000 small minutes to go over some of the specific Mr. HOLLINGS. I ask unanimous businesses benefit from the free SBA funding highlights from the CJS bill consent reading of the amendment be assistance provided in this bill. All the committee is bringing before the dispensed with. American businesses and their employ- Senate today. ees benefit from the funding provided The PRESIDING OFFICER. Is there Once again, the FBI’s Preliminary to enforce our trade laws and to pre- objection? Annual Uniform Crime Report released vent illegal, often dangerous products, Without objection, it is so ordered. this past May demonstrates how well (The text of the amendment is print- from being dumped on our markets. This appropriations bill provides these programs are working. According ed in the RECORD under ‘‘Amendments to the FBI’s report, in 2000, serious Submitted.’’) funds to improve technology in a host of areas; funding is provided for devel- crime has leveled to mark a decline of The PRESIDING OFFICER. Under 7-percent from 1998, and marking 9 con- the previous order, the amendment is oping cutting edge environmental sat- ellites, for developing cutting edge in- secutive years of decline. This con- considered adopted. tinues to be the longest running crime The amendment (No. 1533) was agreed dustrial technologies that keep us com- decline on record. Bipartisan efforts to to. petitive, and for developing basic com- fund DOJ’s crime fighting initiatives Mr. HOLLINGS. Mr. President, I am munications tools for State and local have impacted this reduction in crime pleased to present to the Senate the law enforcement so that they can do during the past 10 years. fiscal year 2002 State, Justice, Com- their jobs more safely and effectively. merce, the Judiciary, and related agen- In all, the CJS bill totals $41.5 billion The bill provides $3.47 billion for the cies appropriations bill. This bill was in budget authority, which is $719.9 FBI, which is $216 million above last accepted unanimously by the full com- million above the President’s request. year’s funding level. To meet the FBI’s mittee in July. As in past years, this There are four specific accounts that training, resources, and equipment has been an extremely bi-partisan ef- benefit from the increased funding needs, the bill provides $142 million for fort on the part of the members and above the President’s request. They are the FBI’s Computer Modernization staff of this subcommittee. In par- MARAD, COPS Universal Hiring Pro- Program, trilogy; $6.8 million to im- ticular, I would like to thank the rank- gram, NIST’s Advanced Technology prove intercept capabilities; $7 million for counter-encryption resources; $12 ing member, Senator GREGG, for his Program, and the Small Business Ad- dedication to producing a fair and well ministration. million for forensic research; $4 million First, the President’s budget pro- rounded bill. He has chaired this sub- for four mitochondrial DNA forensic posed to move MARAD into the De- committee in a distinguished fashion labs; and $32 million for an annex for partment of Defense. The sub- during the past 4 years. He knows this the engineering research facility, committee received letters from over bill through and through and his assist- which develops and fields cutting edge one-third of the senate indicating oppo- ance during the change over has been technology in support of case agents. sition to such a move. The committee greatly appreciated. Also, I want to To highlight the changing mission of bill reflects that request and provides recognize the hard work of my sub- the FBI, the bill provides a new budget $98.7 million for the Maritime Security committee staff; my majority clerk, structure. Three old criminal divisions Program and $100 million for the Title Lila Helms, Jill Shapiro Long, Luke were combined into two, and new divi- XI Loan Guarantee Program. sions for cybercrime and counterter- Nachbar, and Dereck Orr; as well as the Second, the President’s budget pro- minority clerk, Jim Morhard along rorism were created. The new structure posed to fund only the school resource provides the Bureau with more flexi- with Kevin Linskey, Katherine officer component of the COPS Pro- Hennesey, and Nancy Perkins. bility and should improve the Bureau’s gram. The committee bill before the responsiveness to changing patterns of This is my 31st year on the CJS Sub- Senate today fully supports the School committee, and this is the 25th annual crime and headquarters’ support of the Resource Officers Program, but also re- field. The bill also directs the FBI to appropriations bill for CJS that I have stores the Universal Hiring Program. been privileged to present to the Sen- re-engineer its workforce by hiring and The committee bill provides $190 mil- training specialists that are tech- ate either as chairman, or as ranking lion for the Universal Hiring and Cops member of the subcommittee. I am nically-trained agents and electronics More Program. engineers and technicians. still amazed at the range of important Third, the President’s request pro- The bill provides $1.5 billion for DEA, issues that this bill addresses. posed to zero out the Advanced Tech- $8.8 million above the budget request. Funds appropriated under this bill di- nology Program. The committee bill Increased funds are provided for tech- rectly affect the daily lives of all restores this program and provides the Americans. same level of funding, $60.7 million, for nology and infrastructure improve- Under CJS, the Nation’s primary and new awards as was provided last year. ments, including an additional $30 mil- secondary schools are made safer by As a result, the bill includes $190 mil- lion for DEA’s computer network, fire- providing grants for the hiring of lion above the President’s request for bird, and an additional $13 million for school resource officers to ensure that the ATP Program. DEA’s laboratory operations for foren- our children can grow and learn in a Finally, the President’s request pro- sic support. protected environment. This bill pro- posed to move SBA from a service To combat drugs that are reaching vides funds to protect all americans by agency to a fee for service agency. In our streets and our children, the bill increasing the number of police officers order to correct this misguided under- provides $52.8 million to fight meth- walking the Nation’s streets, providing standing of the services SBA provides amphetamine and encourages the DEA additional funds to fight the growing this country’s more than 1,500,000 small to increase efforts to combat heroin problem of illegal drug use, guarding businesses, the committee bill provides and emerging drugs such as oxycontin consumers from fraud, guarding chil- an additional $231 million above the and MDMA, also known as ecstacy. The dren from internet predators and pro- President’s request to restore funding bill also directs DEA to renew its ef- tecting Americans from acts of ter- for all the proposed taxes contained in forts to work with Mexico to combat rorism here at home and abroad. the President’s request. drug trafficking and corruption under People throughout this country ben- In addition to restoring the funding the country’s new President Vicente efit from weather forecasting services for Priority National Programs, the Fox.

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9211 For the INS, the bill includes $5.5 bil- Program. Although the President did in Department of Commerce bureaus lion, $2.1 billion of which is derived not seek funding for this program in are working with antiquated computer from fees. This funding provides the FY02, the committee has provided $190 systems that often do not speak to the necessary resources to address border million to continue to hire officers, as outside world. enforcement and benefits processing. well as to provide much needed com- The bill we have before us begins to For border enforcement, the bill pro- munications technology to the Nations turn the tide on infrastructure needs. vides $75 million for 570 additional Bor- law enforcement community. In all cases, the bill funds the Presi- der Patrol Agents, $25 million for 348 Within the COPS budget, the com- dent’s request for capital upgrades. additional land border inspectors, and mittee has also increased funding for This includes new information tech- $67.5 million for additional inspectors programs authorized by the Crime nology systems at the Minority Busi- and support staff. Identification and Technology Act, ness Development Agency, the Bureau To better equip and house these CITA. In FY02, $150.9 million is pro- of the Census, the Economic Develop- agents and inspectors, the bill provides vided for programs that will improve ment Agency, and the Office of Eco- $91 million for border vehicles, $22 mil- the retention of, and access to, crimi- nomic and Statistical Analysis. The lion for border equipment, such as nal records nationwide, improve the fo- bill includes a $76 million increase for search lights, goggles and infrared rensic capabilities of State and local the next generation of polar-orbiting scopes, $40.5 million to modernize in- forensic labs, and reduce the backlog of satellites. It also includes a new radio spection technology; and $205 million crime scene and convicted offender spectrum measurement system at the for Border patrol and detention facility DNA evidence. National Telecommunications and In- construction and rehabilitation. And finally, the committee has pro- formation Administration. For INS’ other hat, benefits proc- vided $48.3 million within COPS to con- In other cases, this bill jump-starts essing, the bill provides $67 million ad- tinue the COPS methamphetamine ini- capital projects that were not re- ditional funds to address the backlog tiative. These funds will provide for the quested by the President when they and accelerate the processing times. clean-up of meth production sites should have been. For example, funding This bill includes $3.07 billion for the which pose serious health risks to law is included to begin work on upgrading Office of Justice Programs, which is enforcement and the surrounding pub- the Boulder, CO, campus of the Na- $259.8 above the amount requested by lic. Funds will also be provided to tional Institute of Standards and Tech- the President. This bill provides for the State and local law enforcement to ac- nology. We also encourage the United funding of a number of important law quire training and equipment to safely States Patent and Trademark Office to enforcement programs. and effectively dismantle existing reflect on its infrastructure needs and The committee has provided $2.08 bil- meth labs. to report back on what we can do to lion for State and Local Law Enforce- For the Department of Commerce in help in the future. ment Assistance Grants. Within this fiscal year 2002, the committee has fo- In terms of NOAA, the bill includes amount; $400 million is for the Local cused on the separate but equally im- funding for 2 new research vessels and Law Enforcement Block Grant Pro- portant goals of improving depart- funds to refurbish 6 others. In addition, gram; $390.5 million is for Violence mental infrastructure and promoting funding is included for needed repairs Against Women Act—VAWA—pro- the advancement of technology. The at the Beaufort, Oxford, and Kasitsna grams, including programs to assist Nation is blessed with an outstanding Coastal Laboratories. Sufficient fund- disabled female victims, programs to group of individuals who go to work ing is provided to begin construction reduce violence against women on col- every day, across the Nation, for the on regional National Marine Fisheries lege campuses, and efforts to address Department of Commerce. Thirty- Service Buildings in Hawaii and in domestic and child abuse in rural seven thousand people work in agencies Alaska. The bill provides funding to areas; and $265 million is provided for as diverse as the Economic Develop- start building visitor facilities at Na- the State Criminal Alien Assistance ment Administration, the National tional Marine Sanctuaries. Program which reimburses States for Oceanic and Atmospheric Administra- Mr. President, the funding provided the incarceration costs of criminal tion, and the Bureau of the Census. in this bill for these purposes is a aliens. They are highly-trained experts who down-payment on the future of a ro- Within the amount provided for the are responsible for a huge array of crit- bust Department of Commerce. I be- Office of Justice Programs, a total of ical programs. These people help mi- lieve that the people at the Depart- $328.5 million has also been rec- nority businesses and small manufac- ment are its greatest asset and that ommended for juvenile justice pro- turers flourish, run trade missions to these targeted funds will allow those grams. These funds will go towards open foreign markets to American people to better do their jobs for dec- programs aimed at reducing delin- goods, forecast hurricanes, estimate ades to come. quency among at-risk youth; assisting the Nation’s gross domestic product, In terms of advancing technology, in States in enforcing underage drinking set standards and measurements recog- addition to the satellite programs, re- laws; and enhancing school safety by nized and used world-wide, fly sat- search vessels, radio spectrum manage- providing youth with positive role ellites, manage the Nation’s fisheries, ment systems and other programs that models through structured mentoring conduct censuses, and process patents. I mentioned earlier, the bill provides programs, training for teachers and These missions of the Department of $696.5 million for the National Institute families so that they can recognize Commerce are the glue that holds to- for Standards and Technology—NIST. troubled youth, and training to stu- gether the U.S. economy, both domes- This amount aggressively funds sci- dents on conflict resolution and vio- tically and abroad. entific and technical research and serv- lence reduction. There is no doubt as to the impor- ices that are carried out in the NIST This bill includes $1.019 billion for tance of the missions under the pur- Laboratories in Gaithersburg and in the COPS office in new budget author- view of the Department of Commerce. Boulder. The bill provides the current ity, which is $164.7 billion above the There is, however, a crisis looming in year funding level of $60.7 for new ATP President’s request. As in prior years, terms of the infrastructure available to awards. The ATP is an industry-led, the Senate has provided $180 million the employees who work there. In competitive, and cost-shared program for the Cops-in-Schools Program to many cases, Mr. President, these peo- to help the U.S. develop the next gen- fund up to 1,500 additional school re- ple are going to work in World War II- eration of breakthrough technologies sources officers in FY02, which will era buildings that are literally crum- in advance of its foreign competitors. make a total of 6,100 school resource bling around them. We saw this last ATP contracts encourage companies to officers funded since Senator GREGG year in Suitland where we had leaks in undertake initial high-risk research and I created this program in 1998. the roof, lead in the water, and asbes- that promises significant widespread This committee also remains com- tos in the air systems and we provided economic benefits. Over one-half of the mitted to providing grant funds for the funding for new buildings. The average ATP awards go to small companies. To hiring of local law enforcement officers age of the NOAA fleet of research ves- date, Mr. President, 41 ATP competi- through the COPS Universal Hiring sels is close to 30 years old. Employees tions have been held; 4,435 proposals

VerDate Mar 15 2010 03:22 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 S9212 CONGRESSIONAL RECORD — SENATE September 10, 2001 have been submitted involving 7,343 tional language, security, leadership move through the process that we can participants; 526 awards have been and management training; monetary come a little closer to the President’s issued involving 1,167 participants, and incentives to attract employees to request. I note, however, that the bill 248 ATP projects have been completed. hardship posts; incentives to allow is within our budget resolution and the Of the 526 awards, 173 are joint ven- civil service employees to compete for allocation given to this committee. So tures, and 353 are single applicants. 2-year overseas assignments; and re- as a practical matter it does not in any Fify-nine percent of the projects are placement of obsolete furniture and way negatively impact the budget. It is led by small businesses and 71 percent motor vehicles. a rather responsible bill. The reason it of the single applicant projects are led As with the other departments fund- spends these dollars is because it has by small business. More than 150 dif- ed through this bill, full funding is pro- significant agencies that it funds. ferent universities are involved in 280 vided for information technology up- The Department of Justice is, of ATP projects and over 100 new tech- grades. The worldwide web has become course, a critical agency; the Depart- nologies have been commercialized as essential to the conduct of foreign pol- ment of State; Department of Com- products or services. Companies have icy. Yet, very few overseas posts have merce; Judiciary; FTC; FCC; and the identified nearly 1,400 potential appli- that capability. The funding provided SEC. These are all agencies that play a cations of ATP research. in this bill fully supports Secretary huge role in the deliverance of quality Is ATP a success? The answer clearly Powell’s decision to place information Government in our country. It is our is ‘‘yes.’’ The Advanced Technology technology among the Department’s obligation to strongly support them. Program has been extensively re- top priorities and fully funds the De- One area on which we have focused a viewed. Since its inception, there have partment’s efforts to provide internet considerable amount of time in the been 52 studies on the efficacy and mer- access to all State Department committee has been the issue of ter- its of the program. These assessments desktops by January 2003. rorism and our preparation for ter- reveal that the ATP does not fund Let me conclude by saying again this rorism as a government. Earlier in the projects that otherwise would have is a solid piece of legislation that ad- year, we had a joint hearing that in- been financed in the private sector. dresses issues that affect the daily volved a large number of Senators par- Rather, the ATP facilitates so-called lives of all Americans. It is a good bill ticipating, at which hearing we had ‘‘Valley of Death’’ projects that private that balances the needs on many di- present and testifying all the major capital markets are unable to fund. In verse missions, and the interests of agencies that impact terrorism within June 2001, the National Academy of members from both parties. Every the Federal Government—I believe the Sciences’ National Research Council year, we face difficulties with respect number is 42, or maybe 46. I myself completed its comprehensive review of to limited funding and multiple, some- even lost count, even though I stay the ATP. It found that the ATP is an times competing, priorities. This year fairly attentive to this issue. We heard effective Federal partnership that is was no different. And, as in past years, from the leaders of each agency. We funding new technologies that can con- the CJS Subcommittee made those de- heard from the Secretary of State, the tribute to important societal goals. cisions in a bipartisan and judicious head of FEMA, the Attorney General, They also found that ‘‘the ATP could manner. This could not have happened of course, and down the line. We heard use more funding effectively and effi- without the assistance of Senator from leaders within our communities ciently.’’ A March 1999 study found GREGG and the endless hours of work and agencies. We heard from the Dep- that future returns from just 3 of the 50 that both my and his staff put into uty Secretary of Defense. completed ATP projects—improving drafting the bill before the Senate The conclusion, which was clear and automobile manufacturing processes, today. With the help of my colleagues, regrettably unalterable, is that there reducing the cost of blood and immune I look forward to swift passage of this are simply too many people trying to cell production, and using a new mate- vital legislation. cook this pie, too many people trying rial for prosthesis devices—would pay The PRESIDING OFFICER. The Sen- to stir the stew, and, as a practical for all projects funded to date by the ator from New Hampshire is recog- matter, the coordination necessary in ATP. Measurement and evaluation nized. order to deliver a thoughtful and effec- have been part of the ATP since its be- Mr. GREGG. Mr. President, I rise in tive response to the threat of terrorism ginning. What the analysis shows time support of the bill brought forward by is not that strong. and time again is that the ATP is stim- the Senator from South Carolina. I Terrorism can be divided into three ulating collaboration, accelerating the thank Senator HOLLINGS for the tre- basic areas of responsibilities, the first development of high-risk technologies, mendous courtesy and teamwork ap- being intelligence, both domestic and and paying off for the Nation. proach he has taken on this bill rel- international; the second being inter- The bill includes a total of $7.6 bil- ative to the Republican side of the diction, again domestic and inter- lion for the Department of State and aisle. I especially thank his staff, led national; and the third being con- related agencies, an increase of $617 by Lila Helms, for their efforts to sequence management should an event million above last year’s funding level make sure we had an approach that in- occur. of $7.0 billion. Within the State Depart- volved all the different players on the In all these areas, there is a signifi- ment account, $1.1 billion has been pro- committee. cant overlap of responsibility and, as a vided for worldwide security upgrades This has been a bill which Senator result, through this hearing and many of State Department facilities. Addi- BYRD, during the full committee mark- other hearings we have held, we have tionally, the bill provides $773 million up, described as the ‘‘most bipartisan come to the conclusion that we have to to continue our Nation’s international bill in his memory.’’ We are very proud become more focused within especially peacekeeping activities. of that. I think it is very much a re- the Justice Department, which has a During the past several years, the flection of the leadership of Senator huge role in this area, but within other worldwide security accounts and the HOLLINGS and the approach he has agencies which naturally fold into the peacekeeping account have accounted taken. So I express my deep and sin- Justice Department. for the majority of increases in the De- cere thanks to him. We have suggested in this bill that partment’s budget while the day-to-day Senator HOLLINGS has outlined pret- we create a Deputy Attorney General operations have been neglected. As a ty specifically the areas this bill funds who would serve as a national go-to result, many of the Department’s qual- and some of the initiatives in the bill. person on the issues relating to domes- ity of life initiatives and the Depart- Let me talk about a couple, however, tic terrorism. This individual would ob- ment’s other infrastructure needs— that I would like to highlight myself. viously work in tandem with a lot of communications, transportation, office First, the appropriation level on this other major players, including FEMA, equipment—have suffered. The funding bill is significant, $41.5 billion, which is but as a practical matter at least we provided in this bill fully funds all cur- over the President’s request by a fair would have one central place where we rent services for the Department of amount—about one-half billion dollars. could begin and where people could State. In addition, this bill funds all It is my hope—and I have discussed look to more response to terrorism. It quality of life initiatives such as: addi- this with Senator HOLLINGS—as we would be a central place where not

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9213 only the response would occur but the tural history, the committee is funding I also want to mention that funds responsibility would occur and there- a new $54 million fishery research ves- have been made available in this bill fore we would have accountability, sel, as was mentioned by the chairman for information technology in the total which is absolutely critical and which —this is absolutely critical—along of $210 million. As the chairman of this today does not exist. with making a significant effort to pro- committee mentioned, for the last 4 This bill creates that position and tect and preserve the right whale popu- years I have been extremely supportive funds it, along with funding a signifi- lation which is very important to my of this attempt to try to upgrade the cant increase in the counterterrorism part of the country. IT capabilities of the State Depart- activity at a variety of levels which are Given the current concerns regarding ment. I have been disappointed, how- critically important to our efforts to our national energy policy, the com- ever, by the lack of progress made by address this issue. mittee is providing funds through the Department in this area. I do not want to sound too pessi- NOAA again to examine an extension The only goal the State Department mistic about our efforts in this area. of the U.S. claim to the mineral conti- has achieved is providing e-mail capa- Compared to 4 or 5 years ago when we nental shelf, implementation of a re- bility to all Department desktops. began this initiative, we are way down gional temperature forecasting system Most desktops still do not have Web ac- the positive road. We have, in effect, up to better project electricity demands, cess. The networks of various U.S. and running a first responder program and to develop an air quality fore- agencies operating overseas have not in a number of communities across this casting system to minimize the impact been integrated, and the classified sys- country, and we are moving aggres- of powerplant emissions on air quality. tem needs to be overhauled. sively across the country to bring crit- The committee funded the following I am encouraged by Secretary Pow- ical areas up to speed. programs: Coastal Zone Management ell’s recognition of IT as one of the De- We have an effective intelligence ef- grants at $65 million, $5 million over partment’s top priorities. The fiscal fort and effective interdiction effort, last year’s level; National Sea Grant year 2002 mark fully funds IT, and I but we still have a long way to go. If College Program at $56 million, the congratulate Senator HOLLINGS for his you put it on a continuum time of a same level as the budget request; the commitment in this area. Hopefully, person, it is as if this person were born National Weather Service’s Local the Department will make good use of 5 years ago and we were now in mid- Warnings and Forecasts Program at $80 these funds. Lastly, I want to mention something adolescence, in our late teens, moving, million; the National Polar Orbiting that is especially important to me per- however, aggressively into a more ma- Environmental Satellite System at sonally, and that is the bill’s effort to ture approach to the issue. $156 million. This is a recognition by eliminate the illegal diamond trade Another area I think needs to be this committee of the significance and that has fueled the violent conflict in highlighted, on which I congratulate importance of NOAA and the role it African nations such as Sierra Leone, the chairman, as I have with counter- plays in maintaining the quality of our Congo, and Angola. terrorism, is the issue of NOAA. NOAA science in this country but, more im- Nowhere has the effect of this illicit is absolutely a critical agency for us. It portantly, the quality of the life of our diamond trade been more graphic than is one of the premier agencies in our citizenry. in Sierra Leone. As early as 1991, a Nation in addressing the question of As was mentioned by the chairman of criminal gang called the Revolutionary scientific excellence. I was just watch- the committee, we have made a strong United Front, or RUF, began taking ing the weather today and noticed commitment to the judiciary which control of many of the Sierra Leone di- there is a hurricane off the northern has its own unique problems, and we amond mines. Since then, RUF has part of our east coast. It is going to be continue to work hard, especially in used profits from the sale of diamonds pushed off the coast in New England the area of pay. I personally believe we to terrorize civilians for no other rea- because of the weather patterns. should do something aggressively in son than to expand their influence. The Mr. HOLLINGS. Hopefully it will not the area of paying our judges. I suspect RUF is notorious for its use of forced hit New Hampshire. the Chair also feels this way, as he is amputations, murder, and rape in wag- Mr. GREGG. Hopefully it will not hit the fellow responsible for these judges. ing its war of terrorism. I assure you, New Hampshire. The fact is, it is very hard to attract there will be no end to the violence un- Because of NOAA, we can predict into the judiciary high-quality individ- less we address this problem at its where a hurricane will go with a great uals who might have young children or root. As long as the RUF can profit deal more accuracy. Certainly, States especially families whose kids are from the sale of conflict diamonds, the such as South Carolina and those that about to head off to college under the butchery will continue. are located along the hurricane trough present pay scale, and something needs What is needed is a ban on the impor- have taken full advantage of it. to be done. We are trying to address tation into the United States of dia- This agency goes way beyond the that in this bill. monds from countries that fail to ob- issues of atmospherics. It goes into Again, as was mentioned by the serve an effective diamond control sys- quality of water, ocean activity, ma- chairman, the State Department has tem. Clearly, this will involve substan- rine fisheries, and we have made a huge been aggressively addressed. I am tial commitment on the part of the Af- commitment in this area in this bill. happy to report, as the chairman has rica’s diamond-producing countries. Environmental conservation is ex- alluded, that the arrears situation is But the onus cannot fall entirely on traordinarily important as part of the much improved, thanks to the good them. It is equally the responsibility of NOAA initiative in this bill, and, as the work of our former Ambassador to the diamond-importing countries to do all chairman was reciting, we have put a U.N., Richard Holbrooke. Mr. we can to ensure we are not facili- large amount of dollars into it, espe- Holbrooke accomplished what many tating the trade in conflict diamonds. cially in the Coastal Zone Management said could not be done: He successfully In the past, we have been unable or Program and the National Estuarine negotiated a new U.S. assessment rate unwilling to act even while effective Research Reserve. both for the regular budget and the preventive measures, measures such as The committee recognizes that 90 peacekeeping account so that the bur- the ones I have introduced today and percent of the commerce in this coun- den is more fairly distributed. which Senator HOLLINGS has been kind try enters through our ports, and our For me, the renegotiation of the as- enough to include in this bill, are at nautical charts are grossly outdated. sessment scale is a perfect example of our fingertips. There are things we can This year we address this problem by how the United States can use its large do to make the situation in Africa bet- aggressively increasing funding for contribution to the U.N. as a leverage ter. The key is to act. We have a mapping and charting, electronic navi- to demand fairness, accountability, and chance to save lives, to promote peace, gational charts, shoreline mapping, the reform. Our ‘‘tough love’’ policy vis-a- merely by changing the way we do survey backlog, and securing addi- vis the U.N., the basis of the Helms- business. This bill goes a long way in tional hydrographic ships. Biden legislation, is successful because addressing the appalling events cur- Because of the critical importance of it is premised on good intentions and rently taking place in much of West fishing to our economy and our cul- high expectations. Africa.

VerDate Mar 15 2010 03:22 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 S9214 CONGRESSIONAL RECORD — SENATE September 10, 2001 Again, I thank Senator HOLLINGS for On page 66, line 8, after the ‘‘(B)’’, strike al and Estuarine Land Conservation Pro- his commitment in this area and his ‘‘not more than $15,000,000’’ and insert in lieu gram]. willingness to support this effort and thereof ‘‘None’’. 10. Hollings technical amendment [clari- On page 67, after line 15, insert the fol- fying the availability of funds for the Coast- be a leader on it. In conclusion, I also lowing new subsection: al and Estuarine Land Conservation Pro- thank Senator HOLLINGS, and espe- ‘‘(f) The Office of Management and Budget gram]. cially his staff, for all they have done shall issue a quarterly Apportionment and 11. Hollings technical amendment [clari- to make this a bipartisan bill and a bill Reapportionment Schedule, and a Standard fying the availability of funds for the Coast- which I can enthusiastically support. Form 133, for the Working Capital Fund and al and Estuarine Land Conservation Pro- I yield the floor. the ‘‘Advances and Reimbursements’’ ac- gram]. The PRESIDING OFFICER. The Sen- count based upon the report required by sub- 12. Hollings technical amendment [clari- ator from South Carolina. section (d)(1).’’. fying language on conservation activities]. On page 75, after line 11, insert the fol- 13. Hollings technical amendment [clari- AMENDMENT NO. 1535 lowing new section: fying language on conservation activities]. Mr. HOLLINGS. I send to the desk a ‘‘SEC. 306. Pursuant to section 140 of Public 14. Hollings technical amendment [striking managers’ package of technical amend- Law 97–92, Justices and judges of the United extraneous language]. ments. States are authorized during fiscal year 2002, 15. Hollings technical amendment [clarifies The PRESIDING OFFICER. The to receive a salary adjustment in accordance the use of the Commerce Working Capital clerk will report. with 28 U.S.C. 461: Provided, That $8,625,000 is Fund]. The assistant legislative clerk read appropriated for salary adjustments pursu- 16. Hollings technical amendment [clarifies as follows: ant to this section and such funds shall be the uses of the Commerce Working Capital transferred to and merged with appropria- Fund]. The Senator from South Carolina [Mr. tions in title III of this Act.’’. 17. Hollings technical amendment [clarifies HOLLINGS], for himself, and Mr. GREGG, pro- On page 42, line 21, strike ‘‘$49,386,000’’ and the uses of the Commerce Working Capital poses an amendment numbered 1535. insert ‘‘$51,440,000’’. Fund]. Mr. HOLLINGS. I ask unanimous Strike section 107 and renumber sections 18. Hollings technical amendment [clarifies consent that the reading of the amend- 108–111 as ‘‘107–110’’. the uses of the Commerce Working Capital ment be dispensed with. On page 102, line 20, strike ‘‘$3,750,000,000’’ Fund]. The PRESIDING OFFICER. Without and insert ‘‘$4,500,000,000, as provided under 19. Hollings technical amendment [clarifies section 20(h)(1)(B)(ii) of the Small Business the uses of the Commerce Working Capital objection, it is so ordered. Act’’. Fund]. The amendment is as follows: On page 103, line 1, after ‘‘loans’’, insert 20. Hollings amendment [providing a cost On page 91, line 15, before the ‘‘.’’, insert ‘‘for debentures and participating securi- of living adjustment for justices and judges]. the following: ‘‘, of which $13,000,000 shall re- ties’’. 21. Hollings for Byrd amendment [adjust- main available until expended for capital im- On page 103, line 3, strike ‘‘$4,100,000’’, and ing the funding level of the International provements at the U.S. Merchant Marine insert ‘‘the levels established by section Trade Commission]. Academy’’. 200(h)(1)(C) of the Small Business Act’’. 22. Hollings for Durbin/Lieberman amend- On page 18, line 20, before the ‘‘:’’, insert On page 105, line 5, before the ‘‘,’’, insert ment [eliminating an extraneous section]. the following: ‘‘, of which $11,554,000 shall be the following: ‘‘, to remain available until 23. Hollings for Kerry/Bond amendment available only for the activation of the facil- expended’’. [improving SBA’s loan authority]. ity at Atwater, California, and of which On page 104, line 24, strike ‘‘$14,850,000 and 24. Hollings for Kerry/Bond amendment $13,323,000 shall be available only for the ac- insert $6,225,000’’. [improving SBA’s loan authority]. tivation of the facility at Honolulu, Hawaii’’. On page 10, line 18, strike ‘‘$724,682,000’’ and 25. Hollings for Kerry/Bond amendment On page 53, line 23, strike ‘‘$54,255,000’’ and insert ‘‘$712,682,000’’. [improving SBA’s loan authority]. insert ‘‘$23,890,000’’. Mr. HOLLINGS. Mr. President, in 26. Gregg for Murkowski amendment [to On page 55, starting on line 4, and finishing this managers’ package, I have listed clarify the availability of funds to the U.S.- on line 5, strike ‘‘provided under this head- some two dozen technical amendments Canada Alaska Rail Commission]. ing in previous years’’ and insert in lieu 27. Hollings technical amendment thereof ‘‘in excess of $22,000,000’’. clarifying the funding level for the [prioritizing spending]. On page 53, starting on line 16 and con- Merchant Marine Academy; another 28. Hollings technical amendment tinuing through line 18, strike ‘‘for expenses technical amendment clarifying the [prioritizing spending]. necessary to carry out ‘‘NOAA Operations, funding level for the Prison Activa- Mr. HOLLINGS. I thank the distin- Research and Facilities sub-category’’’’ and tions; a technical amendment clari- guished Chair, and I urge the adoption insert in lieu thereof ‘‘for conservation ac- fying the funding level for NOAA Exec- tivities defined’’. of the amendment. On page 58, starting on line 7 and ending on utive Administration, going right on The PRESIDING OFFICER. Is there line 8, strike ‘‘the ‘‘NOAA Procurement, Ac- down the list. any further debate on the amendment? quisition, and Construction sub-category’’’’ Mr. President, I ask unanimous con- If not, the question is on agreeing to and insert in lieu thereof ‘‘conservation ac- sent that this description of the man- amendment No. 1535. tivities defined’’. agers’ package be printed in the The amendment (No. 1535) was agreed On page 58, line 10, after ‘‘amended’’, insert RECORD. to. ‘‘including funds for’’. There being no objection, the mate- Mr. HOLLINGS. I move to reconsider On page 58, strike all after ‘‘expended’’ on rial was ordered to be printed in the line 12 through ‘‘limits’’ on line 16. the vote. On page 58, line 16, after ‘‘That’’, insert the RECORD, as follow: Mr. INOUYE. I move to lay that mo- following: ‘‘, notwithstanding any other pro- MANAGER’S PACKAGE tion on the table. vision of law,’’. 1. Hollings technical amendment [clari- The motion to reconsider was laid On page 58, line 17, strike ‘‘for’’ and insert fying the funding level for the Merchant Ma- upon the table. in lieu thereof ‘‘used to initiate’’. rine Academy]. Mr. HOLLINGS. I suggest the ab- On page 58, line 18, insert before the ‘‘:’’, 2. Hollings technical amendment [clari- the following: ‘‘, for which there shall be no fying the funding level for prison activa- sence of a quorum. matching requirement’’. tions]. The PRESIDING OFFICER. The On page 59, starting on line 2 and ending on 3. Hollings technical amendment [clari- clerk will call the roll. line 3, strike ‘‘‘‘NOAA Pacific Coastal Salm- fying the funding level for NOAA executive The bill clerk proceeded to call the on Recovery sub-category’’’’ and insert in administration]. roll. lieu thereof ‘‘conservation activities de- 4. Hollings technical amendment [clari- Mr. CRAIG. Madam President, I ask fined’’. fying the amount of NOAA’s prior year unanimous consent the order for the On page 59, line 5, after the second ‘‘,’’, in- deobligations]. quorum call be dispensed with. sert the following: ‘‘including funds for’’. 5. Hollings technical amendment [clari- On page 59, line 9, strike all after ‘‘ex- fying language on conservation activities]. The PRESIDING OFFICER (Mrs. LIN- pended’’ through ‘‘limits’’ on line 13. 6. Hollings technical amendment [clari- COLN) Without objection, it is so or- On page 65, line 13, after ‘‘funds’’, insert fying language on conservation activities]. dered. the following: ‘‘, functions, or personnel’’. 7. Hollings technical amendment [clari- AMENDMENT NO. 1536 On page 66, line 5, strike ‘‘$40,000,000’’ and fying the definition of the Coastal and Estu- Mr. CRAIG. Madam President, I send insert ‘‘7,000,000’’. arine Land Conservation Program]. On page 66, line 7, before the ‘‘;’’, insert the 8. Hollings technical amendment [striking an amendment to the desk to the pend- following: ‘‘or support for the Commerce Ad- extraneous language]. ing legislation. ministrative Management System Support 9. Hollings technical amendment [clari- The PRESIDING OFFICER. The Center’’. fying the availability of funds for the Coast- clerk will report the amendment.

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9215 The assistant legislative clerk read The PRESIDING OFFICER. Is there a strictions on the international sale of small as follows: sufficient second? There appears to be arms). Fortunately, many of these have been dead The Senator from Idaho [Mr. CRAIG] for a sufficient second. on arrival in the U.S. Senate, successive himself, Mr. MILLER, Mr. HELMS, Mr. SMITH The yeas and nays were ordered. presidents have refused to endorse others, of New Hampshire, Mr. ALLEN, Mr. CRAPO, AMENDMENT NO. 1537 TO AMENDMENT NO. 1536 Mr. LOTT, Mr. NICKLES, Mr. SANTORUM, Mr. and in any case the United Nations had little BENNETT, Mr. ALLARD, Mr. KYL, Mr. BOND, Mr. CRAIG. Madam President, I now power of enforcement. But in 1998, one mech- and Mr. INHOFE, proposes an amendment submit a second-degree amendment to anism of global government came to life numbered 1536. the amendment, which I think is at the with the so-called ‘‘Rome Statute’’ estab- desk as I speak. lishing a permanent International Criminal Mr. CRAIG. I ask unanimous consent Court. Once this treaty is ratified by 60 the reading of the amendment be dis- The PRESIDING OFFICER. The clerk will report the amendment. countries, the United Nations will wield judi- pensed with. cial power over every individual human The PRESIDING OFFICER. Without The assistant legislative clerk read being—even over citizens of countries that objection, it is so ordered. as follows: haven’t joined the court. The amendment is as follows: The Senator from Idaho [Mr. CRAIG] pro- While the court’s stated mission is dealing (Purpose: To prohibit the availability of poses an amendment numbered 1537 to with war crimes and crimes against human- funds for cooperation with, or assistance or amendment numbered 1536. ity—which, because there is no appeal from other support to, the International Crimi- Mr. CRAIG. I ask unanimous consent its decisions, only the court will have the nal Court or the Preparatory Commission) the reading of the amendment be dis- right to define—its mandate could be broad- ened later. Based on existing U.N. tribunals At the end of title VI, add the following: pensed with. SEC. 623. (a) FINDINGS.—Congress makes for Yugoslavia and Rwanda, which are mod- the following findings: The PRESIDING OFFICER. Without els for the International Criminal court, de- (1) On July 17, 1998, the United Nations objection, it is so ordered. fendants will have none of the due process Diplomatic Conference of Plenipotentiaries The amendment is as follows: rights afforded by the U.S. Constitution, on the Establishment of an International (Purpose: To prohibit the availability of such as trial by jury, confrontation of wit- Criminal Court, meeting in Rome, Italy, funds for cooperation with, or assistance or nesses or a speedy and public trial. adopted the ‘‘Rome Statute of the Inter- other support to, the International Crimi- President Clinton signed the Rome treaty national Criminal Court’’. The United States nal Court or the Preparatory Commission) last year, citing U.S. support for existing voted against final adoption of the Rome Strike line 2 and all that follows, and in- U.N. war crimes tribunals. Many suppose the Statute. sert the following: court will target only a Slobodan Milosevic (2) As of April 30, 2001, 139 countries had SEC. 623. None of the funds appropriated or or the perpetrators of massacres in Rwanda, signed the Rome Statute and 30 had ratified otherwise made available by this Act shall or dictators like Iraq’s Saddam Hussein. But it. Pursuant to Article 126 of the Rome Stat- be available for cooperation with, or assist- who knows? To some people, Augusto ute, the Statute will enter into force on the ance or other support to, the International Pinochet is the man who saved Chile from first day of the month after the 60th day fol- Criminal Court or the Preparatory Commis- communism; to others he is a murderer. Who lowing the date on which the 60th country sion. This subsection shall not be construed should judge him—the United Nations or the deposits an instrument ratifying the Stat- to apply to any other entity outside the Chilean people? ute. Rome treaty. In dozens of countries, governments use brutal force against insurgents. Should the (3) Any American prosecuted by the Inter- Mr. CRAIG. Madam President, I take national Criminal Court will, under the United Nations decide whether leaders in Rome Statute, be denied procedural protec- this time to address with my col- Turkey or India should be put in the defend- tions to which all Americans are entitled leagues a matter that I believe has the ants’ dock, and then commit the United under the Bill of Rights to the United States most grave consequence on our na- States to bring them there? How about Rus- Constitution, such as the right to trial by tional sovereignty. sia’s Vladimir Putin, for Chechnya? Or jury. I also submit for the RECORD three Israel’s Ariel Sharon? Can we trust the (4) Members of the Armed Forces of the articles that pertain to this issue that United Nations with that decision? United States deserve the full protection of The court’s critics rightly cite the danger I think are fundamentally important to U.S. military personnel deployed abroad. the United States Constitution wherever for my colleagues to have and under- they are stationed or deployed around the Since even one death can be a war crime, a world to protect the vital national interests stand. One of those happens to be an U.S. soldier could be indicated just for doing of the United States. The United States Gov- op-ed of mine that appeared in the his duty. But the International Criminal ernment has an obligation to protect the Washington Posts in August, another Court also would apply to acts ‘‘committed’’ members of its Armed Forces, to the max- one from John Bolton, and another one by any American here at home. The Euro- imum extent possible, against criminal pros- from Mr. Lee Casey. I ask unanimous pean Union and U.S. domestic opponents consider the death penalty ‘‘discriminatory’’ ecutions carried out by United Nations offi- consent they be printed in the RECORD. cials under procedures that deny them their and ‘‘inhumane.’’ Could an American gov- There being no objection, the mate- ernor face indictment by the court for constitutional rights. rial was ordered to be printed in the (5) In addition to exposing members of the ‘‘crimes against humanity’’ for signing a Armed Forces of the United States to the RECORD, as follows: death warrant? risk of international criminal prosecution, [From the Washington Post, August 22, 2001] Milosevic was delivered to a U.N. court the Rome Statute creates a risk that the (By Larry E. Craig) (largely at U.S. insistence) for offenses oc- curring entirely within his own country. President and other senior elected and ap- At its founding, the mission of the United pointed officials of the United States Gov- Some say the Milosevic precedent doesn’t Nations, as stated in its charter, was ‘‘to threaten Americans, because the U.S. Con- ernment may be prosecuted by the Inter- save succeeding generations from the national Criminal Court for national secu- stitution protects them. But for Milosevic, scourge of war.’’ It made no claim to super- we demanded that the Yugoslav Constitution rity decisions involving such matters as re- sede the sovereignty of its member states. sponding to acts of terrorism, preventing the be trashed and the United Nations’ authority Article 2 says that the United Nations ‘‘is prevail. Why should the International Crimi- proliferation of weapons of mass destruction, based on the principle of the sovereign equal- and deterring aggression. nal Court treat our Constitution any better? ity of all its Members,’’ and it may not ‘‘in- Instead of trying to ‘‘fix’’ the Rome treaty, (6) The claimed jurisdiction of the Inter- tervene in matters which are essentially national Criminal Court over citizens of a the United States must recognize that it is a within the domestic jurisdiction of any fundamental threat to American sov- country that is not a state party to the state.’’ Rome Statute is a threat to the sovereignty ereignty. The State Department’s participa- Since then, the United Nations has turned tion in the court’s preparatory commission of the United States under the Constitution the principle of national sovereignty on its of the United States. is counterproductive. We need to make it head. Through a host of conventions, trea- clear that we consider the court an illegit- (b) PROHIBITION.—None of the funds appro- ties and conferences, it has intruded into priated or otherwise made available by this imate body, that the United States will regulation of resources and the economy (for never join it and that we will never accept Act shall be available for cooperation with, example, treaties on ‘‘biological diversity,’’ or assistance or other support to, the Inter- its ‘‘jurisdiction’’ over any U.S. citizen or marine resources and climate change) and help to impose it on other countries. national Criminal Court or the Preparatory family life (conventions on parent-child rela- Commission. This subsection shall not be tions and women in society). It has de- construed to apply to any other entity out- [From the Washington Post, January 4, 2001] manded that countries institute racial side the Rome treaty. quotas and laws against hate crimes and UNSIGN THAT TREATY Mr. CRAIG. Madam President, at this speech. Recently the United Nations tried to (By John R. Bolton) time I ask for the yeas and nays on the undermine Americans’ constitutional right President Clinton’s last-minute decision to amendment. to keep and bear arms (with proposed re- authorize U.S. signing of the treaty creating

VerDate Mar 15 2010 03:22 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 S9216 CONGRESSIONAL RECORD — SENATE September 10, 2001 an International Criminal Court (ICC) is as sion’’ to sign the Rome Statute provides whether the elected officials of the United injurious as it is disingenuous. The president guidance to solve the problem he has need- States, as well as ordinary American citi- himself says that he will not submit the lessly created, and others as well. zens, have acted lawfully on any particular Rome Statute to the Senate for ratification After appropriate consideration, the new occasion. In this, the Rome Treaty is fun- because of flaws that have existed since the administration should straightforwardly an- damentally inconsistent with the first tenet treaty was adopted in Rome in 1998. Instead, nounce that it is unsigning the Rome Stat- of American republicanism—that anyone he argues that our signature will allow the ute. President Clinton himself stated that he who exercises power must be responsible for United States to continue to affect the de- will not submit the treaty to the Senate, so its use to those subject to that power. The velopment of the court as it comes into ex- this is a purely executive decision. What one governors must be accountable to the gov- istence. president may legitimately (if unwisely) do, erned. Signing the Rome Statute is wrong in sev- another may legitimately (and prudently) Moreover, the ICC would be a powerful eral respects. undo. The incoming administration seems tool, for both our adversaries and our allies, First, the Clinton administration has prepared to take similar actions in domestic to be used against the United States when never understood that the ICC’s problems are policy, and it should not hesitate to do so states that have ratified the Rome Treaty inherent in its concept, not minor details to internationally as well. disagree with U.S. foreign and military pol- be worked out over time. These flaws result Not only would an unsigning decision icy decisions. The offenses within the ICC’s from deep misunderstandings of the appro- make the U.S. position on the ICC clear be- jurisdiction, although they are ‘‘defined’’ in priate role of force, diplomacy and multilat- yond dispute, it would also open the possi- the Rome Statute, are remarkably flexible eral institutions in international affairs. Not bility of subsequently unsigning numerous in their application. As was acknowledged by a shred of evidence; not one; indicates that other unratified treaties. It would be a the Prosecutor’s office of the UN Inter- the ICC will deter the truly hard men of his- strong signal of a distinctly American inter- national Criminal Tribunal for the Former tory from committing war crimes or crimes nationalism. Yugoslavia (‘‘ICTY’’), which is widely recog- against humanity. To the contrary, there is The writer, a senior vice president of the nized as the model for the ICC, whether any every reason to believe that the ICC will American Enterprise Institute, was assistant particular action violates international hu- shortly join the International Court of Jus- secretary of state for international organiza- manitarian norms is almost always a debat- tice as an object of international ridicule tion affairs in the first Bush administration. able matter and: ‘‘[t]he answers to these and politicized futility. Moreover, inter- questions are not simple. It may be nec- national miscreants can be dealt with in nu- [From the Washington Legal Foundation, essary to resolve them on a case by case merous other ways, as Serbia may now be May 18, 2001] basis, and the answers may differ depending on the background and values of the deci- proving with Slobodan Milosevic. THE INTERNATIONAL CRIMINAL COURT: Second, the ICC’s supporters have an sion-maker.’’ See Final Report to the Pros- UNDEMOCRATIC AND UNCONSTITUTIONAL unstated agenda, resting, at bottom, on the ecutor by the Committee Established to Re- desire to assert the primacy of international (By Lee A. Casey) view NATO Bombing Campaign Against the institutions over nation-states. One such na- Lee A. Casey is a partner in the Washington, Federal Republic of Yugoslavia, para. 50 tion-state is particularly troubling in this D.C. office of the law firm Baker & Hostetler. (June 13, 2000). view, and that is the United States, where He served in the Department of Justice’s Office The ‘‘values’’ of the ICC’s prosecutor and devotion to its ancient constitutional struc- of Legal Counsel and Office of Legal Policy dur- judges are unlikely to be those of the United tures and independence repeatedly brings it ing the Reagan and George H.W. Bush adminis- States. The Rome Treaty has been embraced into conflict with the higher thinking of the trations. Mr. Casey writes and speaks fre- by many states with legal and political tra- advocates of ‘‘global governance.’’ Con- quently on international law and constitutional ditions dramatically different from our own. straining and limiting the United States is issues. This includes states such as Algeria, Cam- thus a high priority. The reality for the The 1998 Rome Treaty, which would estab- bodia, Haiti, Iran, Nigeria, Sudan, Syria and United States is that over time, the Rome lish a permanent International Criminal Yemen, all of which have been implicated in Statute may risk great harm to our national Court (‘‘ICC’’), creates a number of unprece- torture or extra-judicial killings, or both. interests. It is, in fact, a stealth approach to dented challenges for the United States. The Even our closest allies, including European eroding our constitutionalism and under- ICC will have the power to investigate and states following the civil law system, begin mining the independence and flexibility that prosecute a series of international criminal with very different assumptions about the our military forces need to defend our inter- offenses, such as ‘‘crimes against humanity,’’ power of the courts and the right of the ac- ests around the world. heretofore enforceable only in national cused. Nevertheless, if it is permitted to be Third, the administration’s approach is a courts, or in ad hoc tribunals of very limited established, the ICC will claim the power to thinly disguised effort to block passage of application. If the U.S. ratifies this treaty, try individual Americans, including U.S. the American Servicemembers’ Protection the ICC would have the authority to try and service personnel and officials acting fully in Act, introduced last year in Congress. This punish American nationals for alleged of- accordance with U.S. law and interests. The bill, if adopted, would unequivocally make it fenses committed abroad, or in the United court itself would be the final arbiter of its plain that the United States had no interests States, and that court will be entirely unac- own power, and there would be no appeal in accepting or cooperating with the ICC. countable for its actions. The ICC would, in from its decisions. Sponsored by Sen. Jesse Helms and Rep. fact, be in a position to punish individual United States Ratification of the Rome Tom DeLay, the proposal has garnered im- American officials for the foreign policy and Treaty Would Be Unconstitutional. Not sur- pressive political support, including from military actions of the United States, and prisingly, U.S. ratification of the Rome former secretaries of State Henry Kissinger, would not offer even the minimum guaran- Treaty would be unconstitutional. By ratify- George Shultz, James Baker and Lawrence tees of the Bill of Rights to any of the de- ing that agreement, the United States would Eagleburger, Secretary of Defense-designate fendants before it. become a full participant in the ICC treaty Donald Rumsfeld and former secretary President Clinton made a serious mistake regime, affirmatively vesting in the court ju- Caspar Weinberger and former national secu- when he signed the Rome Treaty in the wan- risdiction over its nationals. At the same rity advisers Zbigniew Brzezinski, Brent ing days of his Administration. The ICC trea- time, the ICC would not provide the rights Scowcroft and Richard Allen. ty regime is inconsistent with the most basic guaranteed to all Americans by the Bill of So what will signing the Rome Statute do? political and legal principles of the United Rights. There would be no jury trials in the The president is undoubtedly thinking of Ar- States, and U.S. ratification of this treaty ICC, which would follow the Continental ‘‘in- ticle 18 of the Vienna Convention, which re- would, in fact, be unconstitutional. Presi- quisitorial’’ system rather than the Common quires signatories to a treaty, before ratifi- dent Bush should move forward and with- Law ‘‘adversarial’’ system. Moreover, that cation, not to undertake any actions that draw the Clinton signature. court would not guarantee Americans the would frustrate its objectives. President United States Participation in the ICC rights to confront hostile witnesses, to a Clinton has used this provision before. After Treaty Regime Would Threaten American speedy and public trial, and against ‘‘double the Senate defeated the Comprehensive Test Democracy. The United States was founded jeopardy.’’ Ban Treaty, the administration cited Article on the basic principle that the American For example, the Sixth Amendment guar- 18 (rather than the president’s constitutional people have a right to govern themselves. antees a criminal defendant the right to authority as commander in chief) to justify The elected officials of the United States, as ‘‘confront’’ all hostile witnesses, and, there- a continued moratorium on underground nu- well as its military and the citizenry at fore, the right to exclude from evidence most clear testing. Obviously, the pending anti- large, are ultimately responsible to the legal ‘‘hearsay’’ evidence. This right is not pre- ICC bill would divorce the United States and political institutions established by our served on the international level. In the from the court and violate Article 18, or so federal and state constitutions, which exer- ICTY, a court that, like the ICC, theoreti- we will soon hear. cise the sovereignty of the American people. cally guarantees the right of the confronta- Relying on Article 18, which cannot sen- The Rome Treaty would erect an institution, tion, both anonymous witnesses and vir- sibly apply to our government of separated in the form of the ICC, that would claim au- tually unlimited hearsay evidence have been powers, is wrong in many respects, not least thority superior to that of the federal gov- permitted in criminal trials. Similarly, al- that the United States has never even rati- ernment and the states, and superior to the though, like the ICC, the ICTY theoretically fied this Vienna convention. Ironically, how- American electorate itself. This court would preserves the right to a speedy and public ever, President Clinton’s ‘‘midnight deci- assert the ultimate authority to determine trial, defendants often wait years in prison

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9217 for a trial, large portions of which are con- Rome treaty had, in his own words, seen that action taken by the United ducted in secret. In addition, although the ‘‘significant flaws’’ and would not send Nations and its institutions are not al- Constitution’s guarantee against ‘‘double it to the Senate for ratification. ways impartial in their findings. In jeopardy’’ prevents the prosecution in a In his confirmation hearing testi- fact, at the World Conference Against criminal case form appealing a judgment of mony, Secretary Powell made it clear acquittal, acquittals in the ICC would be Racism, language was adopted hostile freely appealable by the prosecution, as they that the administration would not send to Israel, and it is not limited to the are now in the ICTY—where the Prosecutor this treaty to the Senate for ratifica- text regarding Zionism. Reference to it has appealed every judgment of acquittal. tion. However, in my opinion and the has attracted much attention in light ICC supporters incorrectly suggest that opinion of others, this is not enough. of the 1975 U.N. General Assembly Res- U.S. participation would not be unconstitu- Once the 60th country ratifies the trea- olution 3379, which passed in November tional because that court would not be ‘‘a ty, the United States and her citizens of 1975, which condemned Zionism in court of the United States,’’ to which the will become subject to the jurisdiction similar though not identical terms, as Constitution applies, and invariably point to of the ICC, regardless of Senate ap- ‘‘a threat to world peace and security,’’ extradition cases, where the Supreme Court has ruled that Americans may be extradited proval under the treaty’s own terms. a ‘‘racist and imperialist ideology,’’ to face trial overseas in courts without the This is precisely why we cannot simply and as ‘‘a form of racism and racial dis- guarantees of the Bill of Rights. In fact, and allow the treaty to just be confirmed crimination.’’ unlike the situation in an ordinary extra- and collect dust. I believe it is incum- Largely due to American efforts, the dition case, if the U.S. ratified the Rome bent upon all of us to try to bring, in General Assembly finally revoked Res- Treaty, it would be a full participant in the essence, the treaty down. olution 3379 in 1991 with a substantial ICC and its governing structures, and any U.S. Armed Forces operating over- vote. prosecution brought by the ICC would be as seas in peacekeeping operations could Ironically, some nations that took much on behalf of the U.S. as any other state part in the World Conference Against party. conceivably be prosecuted by the ICC Although the Supreme Court has not di- for protecting the vital interests of the Racism, and who were supporters of rectly faced such a case, it has suggested United States. In other words, the Sen- language denouncing Zionism as rac- that, where a prosecution by a foreign court ate of the United States could support ism, are currently still practicing slav- is, at least in part, undertaken on behalf of our men and women going to war in a ery and the trafficking of human the United States, for example, where ‘‘the foreign nation only to have an inter- beings. As a result of this controversy United States and its allies had enacted sub- national court rule them as criminals over Zionism, one could easily see the stantially similar criminal codes aimed at against the state or, in essence, crimi- International Criminal Court become prosecuting offenses of international char- nothing more than another U.N. forum acter . . .’’ then the Bill of Rights would nals against the world. have to apply ‘‘simply because that prosecu- Furthermore, Americans prosecuted for anti-Semitism where the same tion [would not be] fairly characterized as by the ICC will not be guaranteed any players that caused the United States distinctly ‘foreign.’ The point would be that of the procedural protections to which and Israel to walk out on the World the prosecution was as much on behalf of the all Americans are entitled under the Conference on Racism would reappear. United States as of the prosecuting na- Bill of Rights. I can recite those for us. The result could be the extradition and tion. . .’’ United States v. Balsys, 525 U.S. We have heard them all of our lives: prosecution of Prime Minister Ariel 666 (1998). This would, of course, be exactly The rights such as the right to a trial Sharon on charges of crimes against the case with the ICC. Since the full and un- by jury or the right to a jury of one’s humanity for taking actions to protect diluted guarantees of the Bill of Rights would not be available in the ICC, the United own peers and the right to question the citizens of Israel against terrorism States cannot, constitutionally, ratify the one’s accusers—that is just to name a within the sovereign boundaries of his ICC Treaty. few of the very rights that we now own nation. Another document con- In addition, by ratifying the Rome Treaty, walk away from for our citizens if we nected to the Durban conference the United States would vest the ICC with do not stand up boldly and say the charges Israel with ‘‘genocide’’ and jurisdiction over offenses committed en- International Criminal Court should, ‘‘crimes against humanity’’—judicial tirely within its territory. The Supreme in fact, not become an arm of the terms that directly setting the stage Court has, however, made clear that crimi- United Nations. for a future prosecution in an inter- nal offenses committed in the United States, Currently, the Rome treaty already and otherwise within the judicial power of national criminal court. the United States, must be tried in Article has 139 signatories, and over half of the I will be the first to admit that III courts, with the full panoply of the Bill of necessary countries have already rati- atrocities are being committed in some Rights. As the Court explained in the land- fied it. In short, the ICC will soon be- parts of the world, and that the per- mark Civil War cases of Ex parte Milligan come a reality unless we act now. The petrators of such atrocities must be (1866), 71 U.S. 2 (1866) reversing a civilian’s question is whether the United States brought to justice. And whenever pos- conviction by a military tribunal, ‘‘[e]very will oppose it—and we have already op- sible the United States should serve as trial involves the exercise of judicial power,’’ posed Kyoto, Biodiversity, CTBT, and a facilitator for that justice to take and courts not properly established under other bad treaties—or whether we will place, and always be a shining city on Article III can exercise ‘‘no part of the judi- cial power of the country.’’ Thus, since the simply acquiesce to it. The answer to a hill, a supreme example for all na- ICC would not guarantee all of the protec- that question is not only one of pro- tions, particularly those with fledgling tions of the Bill of Rights, and because it tecting our service personnel; it is also democracies and judicial systems. But would not be an ‘‘Article III’’ court, the one of principle. Are we fundamentally the answer to that problem is not to United States cannot vest that institution committed to the sovereign rule of the create a permanent International with any judicial authority over its nation- domestic law of our country under the Criminal Court with supra-national ju- als or its territory. U.S. Constitution as opposed to global risdiction capable of undermining Mr. CRAIG. Madam President, last justice under the U.N. auspices? I think democratic governments, Constitu- December, President Clinton deposited that is a question on which this amend- tions, and judicial systems, just be- his signature to the Rome treaty, ment comes right to the point. And are cause the court is not satisfied with thereby making the United States we fundamentally committed to help- the outcome of a domestic ruling. party to the creation of a permanent ing other countries establish and main- Rather we should work hard to International Criminal Court with un- tain their own constitutions and their strengthen the rule of law within for- limited jurisdiction. Once created, this own rule of law? eign countries, by helping them to es- court will have the right to prosecute The consequence of allowing this tablish their own impartial courts ca- U.S. citizens without any of the guar- court to come to fruition stretches far pable of ensuring justice for all. antees or protections provided by the beyond the threat of prosecution of When the United Nations was found- Constitution. This will also affect our American military personnel. It will ed in 1945, its primary mission, as stat- ability to protect men and women of also put some of our closest allies in di- ed in the preamble of the U.N. Charter, our uniformed services and meet our rect jeopardy, as we have seen in the was ‘‘to save succeeding generations military commitments to our allies. example of the World Conference on from the scourge of war, which twice in President Clinton even acknowledged Racism that we have heard about over our lifetime has brought untold sorrow as he deposited his signature that the the last good many months. We have to mankind.’’ Initially composed only

VerDate Mar 15 2010 03:22 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 S9218 CONGRESSIONAL RECORD — SENATE September 10, 2001 of countries that had been allied every individual human being. It will Even today, our friends in the Euro- against the Axis, it soon became seen even claim authority over citizens of pean Union join domestic critics in as a dispute resolution forum for all countries whose governments have re- branding the death penalty in the countries. fused to join the ICC. While the ICC’s United States as ‘‘discriminatory’’ and In principle at least, the United Na- stated mission is dealing with war ‘‘inhumane.’’ My guess is some of our tions initially made no claim to super- crimes and crimes against humanity— colleagues would agree with that, while sede the sovereignty of its member which, since there is no appeal from its others would not. states. Even its own Charter, Article 2, decisions, only the ICC will have the Who can guarantee that an American says that the U.N. ‘‘is based on the right to define—nothing prevents the Governor might not face an indictment principle of the sovereign equality of U.N. from broadening its mandate by the ICC for ‘‘crimes against human- all its Members,’’ and it may not ‘‘in- later. Defendants will have none of the ity’’ for signing a death warrant, or tervene in matters which are essen- due process rights afforded by the U.S. that someday, under some foreign tially within the domestic jurisdiction Constitution, a speedy and public trial, judge’s idea of ‘‘arms trafficking,’’ a of any state.’’ protection against double jeopardy, or U.N. court will not demand the extra- That is what its charter says. Let’s protection against self-incrimination, dition of a private American citizen for remember what it has done in the last and others previously mentioned. As selling a gun to his neighbor? few years. with other U.N. panels, it can be ex- Even in the U.N.’s premiere judicial pected that it will include ‘‘justices’’ It has been suggested that body, the International Court of Jus- from countries notorious for their Milosevic’s extradition does not set an tice, the principle of state sovereignty human rights abuses. ICC precedent threatening U.S. citizens was maintained, with the Court only It is tempting for many to suppose because they will be protected by the having limited jurisdiction in disputes the ICC will only target the likes of a U.S. Constitution. But why? In the between nations. It had no authority Slobodan Milosevic or the perpetrators Milosevic case, we demanded that the over individual citizens of those na- of massacres in Rwanda, or maybe newly established Yugoslav Constitu- tions. rogue state dictators like Iraq’s tion be trashed for the authority of the Unfortunately, in recent years the Saddan Hussein, Libya’s Muammar Qa- United Nations. We are not defending a U.N. has turned the principle of na- dhafi, or Cuba’s Fidel Castro. But who constitutional right at that point; we tional sovereignty on its head. can be sure that will be their only tar- are simply saying that an inter- Through a proliferating host of conven- get? To some people, former Chilean national body has a higher authority. tions, treaties, conferences, commis- Dictator Augusto Pinochet is a patriot Once the ICC is up and running, why sions, and initiatives, the U.N. has who saved his country from a com- should we assume that our Constitu- intruded into virtually every aspect of munist coup. tion would not be thrown in the trash human life once thought to be the ex- Again, in the eyes of the beholder, as well as that of Yugoslavia? Nothing clusive preserve of national govern- what is he? There are different opin- in the treaty requires them to respect ments, not to mention private citizens. ions and different attitudes. Who has us and to respect our Constitution and These include efforts to regulate re- responsibility? I would suggest that our citizens’ rights. sources and the economy, for example the U.N. should not be allowed to be Trying to ‘‘fix’’ the Rome treaty’s treaties on ‘‘biological diversity,’’ the the judge, or that the U.N. should not flaws so we can live with it is like zip- use of marine resources, and climate be allowed to be the court. Ultimately, ping a silk purse out of a sow’s ear or change. They include claims over fam- the people of Chile; in this case, putting lipstick on that little piggy. ily life, such as conventions on parent- Pinochet. They were the people who Instead of mistakenly trying to fix the child relations and the role of women made the decisions. They were the Rome treaty’s flaws, the United States in society. They include, under the judges. must recognize that the ICC is a funda- guise of anti-racism, demands that In dozens of countries governments mental threat to American sovereignty countries institute quotas and hate enjoy brutal force to suppress violent and civil liberty, and that no deal, nor crimes and hate speech laws. insurgencies. Should we empower the any compromise, is possible. We need While all of these on the surface ap- U.N. to decide whether the military au- to make it clear that we consider the pear to be good, and in many instances thorities in Algeria, Turkey, Mac- ICC an illegitimate body, that the many of us would support them, we edonia, Sri Lanka, China, and India United States will never become part must stop short in saying that the U.N. should be put in the defendants’ dock, of it, and that we will never accept its has the right to bring them down on and then commit the United States to jurisdiction over any U.S. citizen or any nation and tread on that nation’s employ sanctions or even military help to impose it on other countries. sovereignty. force to bring them there? How about President Bush has flatly rejected the Recently, under the pretext of fight- Russia’s Vladimir Putin for his war in Kyoto global warming convention. It is ing illicit trafficking in weapons, the Chechnya? Or Israel’s Ariel Sharon for no less urgent that we act as forth- U.N. has even set its sight on under- his war against the Palestinian rightly on the ICC. mining American’s constitutional right intifada? Are we ready to trust the According to the administration, the to keep and bear arms under the second U.N. to tell us who should be pros- State Department is already engaging amendment. ecuted and who shouldn’t? Critics of in what we call low-level participation Thankfully, many of these initiatives the ICC rightfully cite the danger it in the ICC Preparatory Commission. have been dead-on-arrival in the Sen- presents to the safety of U.S. military Why are we helping to establish an in- ate, and successive Presidents have re- personnel. What will be the con- stitution that is created by a treaty fused to endorse others. Moreover, de- sequences for U.S. national defense and that the administration has stated spite the U.N.’s evolution toward gov- our alliance obligations? Since the they will not send to the Senate for ernmental authority it had little to en- death of even one person can qualify as ratification? Any kind of participation force its will. Ideas for global taxation a war crime or even genocide in the that would lend legitimacy to the and a standing U.N. army have so far ICC, how can we be sure a U.S. soldier Rome treaty would be a mistake and gained little ground. serving abroad will not be indicted for would send a wrong message to our But one key mechanism of global what we see as just doing their duty? government began to be realized in 1998 The ICC applies not just to soldiers, friends in the international commu- with the adoption of the so-called and not just to acts committed abroad; nity. ‘‘Rome Statute’’ establishing a perma- it also would apply to acts ‘‘com- That is why during my recent meet- nent International Criminal Court mitted’’ by any American here at ing with Secretary Powell, and in my (ICC). Once this dangerous treaty is home. own op-ed that was published on Au- ratified by 60 countries, the ICC will Let me suggest, Is this a stretch of gust 22 in the Washington Post, I have come into existence. For the first time, my imagination? It is not. Statements encouraged the administration to re- the U.N. will wield a judicial power not are broad. The argument of authority move our signature from the Rome just over nations, but directly over within the Rome treaty is broad. treaty and to discontinue assistance to

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9219 the International Criminal Court’s Pre- consent reading of the amendment be court documents, I learned that in 1999 paratory Commission. Such a state- dispensed with. Tenney had filed a lawsuit for reparations in ment of policy would send a clear sig- The PRESIDING OFFICER. Without a California state court. His suit was fol- nal to those countries that are cur- objection, it is so ordered. lowed by a number of others by veterans who had suffered a similar fate. The Japanese rently wrestling with the issue of rati- The amendment is as follows: corporations, instead of confronting their fication that the United States does (Purpose: To provide protection to American dark past, went into deep denial. Rep- not support the creation of the Court. Servicemen who were used in World War II resented by American law firms, they main- This clear signal has already been sent as slave labor) tained that, by treaty, they didn’t owe any- by the House of Representatives earlier At the appropriate place, add the fol- body anything—not even an apology. this year when they passed an amend- lowing: Surprisingly, the U.S. government stepped ment, with overwhelming bipartisan SEC. . None of the funds made available in in on behalf of the Japanese and not only this Act may be used by the Department of had these lawsuits moved to federal jurisdic- support, to the State authorization bill Justice or the Department of State to file a tion but also succeeded in getting them dis- that prohibits cooperation with the motion in any court opposing a civil action missed by Vaughn R. Walker, a federal judge International Criminal Court. against any Japanese person or corporation in the Northern District of California. In his To complement the administration’s for compensation or reparations in which the ruling, Judge Walker declared in essence efforts, and the efforts of the House of plaintiff alleges that, as an American pris- that the fact that we had won the war was Representatives, I am offering this oner of war during World War II, he or she enough of a payoff. His exact words were first- and second-degree amendment to was used as slave or forced labor. ‘‘The immeasurable bounty of life for them- Commerce-State-Justice, and the Judi- Mr. SMITH of New Hampshire. selves [the POWs] and their posterity in a ciary appropriations bill that would Madam President, there are many free society services the debt.’’ In applauding the judge’s decision, an attorney for Nippon prohibit funding to the International things that happen in war of which, Steel was quoted as saying, ‘‘It’s definitely a Criminal Court and its Preparatory when we look back, many of us on both correct ruling.’’ She did not dwell on what Commission. I have discussed this issue sides of the aisle are not always proud. these men had gone through. with Senator HELMS. He and many oth- But I want to point out that sometimes What befell Lester Tenney as a POW was ers have indicated their strong support things happen that must be corrected by no means unique. He got an inkling of for the proposal. just because it is the right thing to do. what was to come on that April day in 1942 When we stand to cast a vote on This amendment I am offering is likely when he surrendered and one of his captors smashed in his nose with the butt end of a these amendments, we literally are to be mischaracterized. There will be a voting about American sovereignty. rifle. Forced to stumble along a road of lot of things said about what my crushed rock and loose sand, the men— My guess is, when the dust settles and amendment does not do. I want to wracked with malaria, jaundice and dys- the stories are written and this amend- make sure everybody understands what entery—were given no water. Occasionally, ment is analyzed, that is exactly how my amendment does. This concerns they would pass a well. Anyone who paused it will be viewed. It is a vote to protect something that happened during World to scoop up a handful of water was more the men and women of our Armed War II. I want to refer to it before I go likely than not bayoneted or shot to death. Forces—without question—and a vote to the actual context of the amend- The same fate awaited most POWs who could to protect our allies that have become no longer walk. ‘‘If you stopped,’’ Tenney re- ment. calls, ‘‘they killed you.’’ subject to the Court. There is an article written by Peter I will be darned if American sov- As Tenney staggered forward, he saw a Maas I want printed in the RECORD Japanese officer astride a horse, wielding a ereignty and the U.S. Constitution be- which is entitled ‘‘They Should Have samurai sword and chortling as he tried, come subject to an International Their Day In Court.’’ I ask unanimous often successfully, to decapitate POWs. Dur- Criminal Court on my watch. And I consent a copy of that article be print- ing a rare respite, one prisoner was so dis- would hope all of my colleagues would ed in the RECORD. It is a Parade maga- oriented that he could not get up. A rifle agree. zine article. butt knocked him senseless. Two of his fel- The creation of an international low POWs, were ordered to dig a shallow There being no objection, the mate- court is not a foregone conclusion. We trench, put him in it and bury him while he rial was ordered to be printed in the can intervene. We can state a position. was still alive. They refused. One of them RECORD, as follows: We can ask that we step back and with- immediately had his head blown off with a pistol shot. Two more POWs were then or- draw our signatures from this critical [From Parade Magazine, June 17, 2001] THEY SHOULD HAVE THEIR DAY IN COURT dered to dig two trenches—one for the dead action and say to all the world that we POW, the other for the original prisoner, (By Peter Mass) will not support an International who had begun to moan. Tenney heard him Criminal Court’s ratification, and we Tears suddenly fill Lester Tenney’s eyes. continue to moan as he was being covered would ask other nations in the world to ‘‘I’m sorry,’’ he says. ‘‘It’s been a long time, with dirt. act accordingly. but it’s still very hard sometimes to talk Tenney was one of 500 POWs packed into a Madam President, at this time I about.’’ All I can do is nod dumbly. Words 50-by-50-foot hold of a Japan-bound freighter. fail me as I listen to the horror he is describ- know of no others in this Chamber who The overhead hatches were kept closed ex- ing. cept when buckets of rice and water were wish to debate this issue, so I ask On April 9, 1942, Tenney, a 21-year-old Illi- lowered twice daily. Each morning, four unanimous consent to temporarily set nois National Guardsman, was one of 12,000 POWs were allowed topside to hoist up buck- aside my amendment. American soldiers who surrendered to the ets of bodily wastes and the corpses of any- The PRESIDING OFFICER. Is there Japanese at the tip of Bataan Peninsula, one who had died during the night, which objection? which juts into Manila Bay in the Phil- were tossed overboard. Without objection, it is so ordered. ippines. Ill-equipped, ill-trained, disease-rid- In Japan, the prisoners were sent to a coal Mr. CRAIG. I yield the floor. den, they had fought ferociously for nearly mine about 35 miles from a city they had The PRESIDING OFFICER. The Sen- five months against overwhelming odds, with never heard of, called Nagasaki. The mine ator from New Hampshire. no possibility of help, until they ran out of was owned by the Mitsui conglomerate, food, medical supplies and ammunition. which is today one of the world’s biggest cor- AMENDMENT NO. 1538 As prisoners of war, Tenney among them, porations. You see the truck containers it Mr. SMITH of New Hampshire. they were taken to a prison camp by the builds on every highway in America. The Madam President, on behalf of Sen- Japanese army on what became infamous as mine was so dangerous that Japanese miners ators HARKIN, WARNER, INHOFE, COCH- the nine-day, 55-mile-long Bataan Death refused to work in it. RAN, and myself, I send an amendment March, during which 1000 of them perished. The Geneva Convention of 1929 specified to the desk. The atrocities they suffered have to some ex- that the POWs of any nation ‘‘shall at all The PRESIDING OFFICER. The tent been revealed. But what happened after- times be humanely treated and protected’’ clerk will report the amendment. ward—when they were forced into inhuman and explicitly forbade forced labor. Japan, The legislative clerk read as follows: slave labor for some of Japan’s biggest cor- however, never ratified the treaty. That was porations—remains largely unknown. These how it justified putting POWs to work dur- The Senator from New Hampshire [Mr. corporations, many of which have become ing World War II, freeing up able-bodied Jap- SMITH], for himself, Mr. HARKIN, Mr. WAR- global giants, include such familiar names as anese men for military service. NER, Mr. INHOFE, and Mr. COCHRAN, proposes Mitsubishi, Mitsui, Kawasaki and Nippon Lester Tenney and his fellow POW slave la- an amendment numbered 1538. Steel. borers worked 12-hour shifts. Their diet, pri- Mr. SMITH Of New Hampshire. Through interviews with former POWs and marily rice, amounted to less than 600 cal- Madam President, I ask unanimous examinations of government records and ories a day. This was subsequently reduced

VerDate Mar 15 2010 03:22 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 S9220 CONGRESSIONAL RECORD — SENATE September 10, 2001 to about 400 calories. When he was taken that it was looking into the matter and ad- Many of these corporations have be- prisoner, Tenney weighed 185 pounds. When vised him not to retain an attorney. come global giants today, including he was liberated in 1945, he weighed 97 Hearing nothing further, Tenney, a high some names that would certainly get pounds. school dropout, decided to get on with his one’s attention: Mitsubishi, Matsui, Vicious beatings by Mitsui overseers at the life. He eventually earned a Ph.D. in finance mine were constant. Tenney’s worst moment and taught at both San Diego State Univer- Kawasaki, and Nippon, to name just a came when two overseers decided he wasn’t sity and Arizona State University. Mean- few. working fast enough and went at him with a while, the U.S. and Japan finalized a peace Through interviews with former pickax and a shovel. His nose was broken treaty in 1951. POWs, we have come to learn a lot. But again. So was his left shoulder. The business Two years ago, Tenney read that the U.S. to my amazement, the United States end of the ax pierced his side, just missing government not only had successfully Government stepped in on behalf of the his hip bone but causing enough internal worked on behalf of Holocaust victims in Eu- Japanese and not only had lawsuits damage to leave him with a permanent limp. rope but also was brokering an agreement thrown out to get reparations for what Frank Bigelow was a Navy seaman on the with Germany to compensate those forced happened—they moved to Federal ju- island fortress of Corregodor in Manila Bay. into slave labor during the Nazi regime. It risdiction—but also succeeded in get- It was lost about a month after Bataan fell, was then that he filed his own lawsuit so Bigelow escaped the Death March. But he against Mitsui. ting them dismissed. I found that par- ended up in the same Mitsui coal mine as The U.S. State Department and Justice ticularly outrageous. This is all point- Tenney. He was in the deepest hard-rock Department intervened for the Japanses cor- ed out by Mr. Maas in his article. part of the mine when a boulder toppled onto porate defendants on the basis of the 1951 I want to quote one paragraph as to his leg, snapping both the tibia and fibula treaty, a clause of which purports to waive what happened during that march and bones 6 inches below the knee. A POW Army all future restitution claims. But the treaty then go into a little bit about what doctor, Thomas Hewlett, was refused plaster contains another clause, which the U.S. gov- happened after the Bataan Death of Paris for a cast. Hewlett tried to con- ernment to date has chosen to ignore, stat- March: struct a makeshift splint, but it didn’t work. ing that all bets would be off if other nations What befell Lester Tenney as a POW was Bigelow’s leg began to swell and become pu- got the Japanese to agree to more favorable by no means unique. He got an inkling of trid. Tissue-destroying gangrene had set in. terms than our treaty. Eleven nations—in- what was to come on that April day in 1942 With four men holding Bigelow down, Hew- cluding the then Soviet Union, Vietnam and when he surrendered and one of his captors lett performed an amputation without anes- the Philippines—got such terms. smashed his nose with the butt end of a rifle. thesia, using a razor and a hacksaw blade. There is still hope for the surviving POWs, Forced to stumble along a road of crushed Bigelow recalls: ‘‘I said, ‘Doc, do you have their widows and heirs. Last March, two rock and loose sand, the men—wracked with any whiskey you could give me?’ and he said, California Congressmen, Republican Dana malaria, jaundice and dysentery—were given ‘If I had any. I’d be drinking it myself.’ ’’ To Rohrabacher and Democrat Mike Honda, co- no water. Occasionally, they would pass a keep the gangrenous toxins from spreading, sponsored a bill (H.R. 1198) calling for justice well. Anyone who paused to scoop up a hand- Hewlett packed the amputation with one for the POWs. ful of water was more likely than not bayo- item readily available in the prison camp— Notably, Honda is a Japanese-American neted or shot to death. The same fate await- maggots. Bigelow still can’t comprehend how who, as an infant, was interned by the U.S. ed most POWs who could no longer walk. ‘‘If he withstood the excruciating pain. ‘‘You with his mother and father during World War you stopped,’’ Tenney recalls, ‘‘they killed don’t know what you can do ’till you do it,’’ II. The U.S. has since paid each surviving in- you.’’ he says. ternee $20,000 in restitution and, perhaps As Tenney staggered forward, he saw a Another seaman, George Cobb, was aboard more important, acknowledged that the in- Japanese officer astride a horse, wielding a the submarine Sealion in Manila Bay when it ternment was wrong. ‘‘I believe,’’ Honda told samurai sword and chortling as he tried, was sunk in an air attack three days after me, ‘‘that these POWs not only fought for often successfully, to decapitate POWs. Dur- Pearl Harbor. Cobb was shipped to a copper their country but survived, and now they are ing a rare respite, one prisoner was so dis- mine in northern Japan owned by the trying to survive our judicial system. They oriented that he could not get up. A rifle Mitsubishi corporate empire. Clad only in should have their day in court.’’ butt knocked him senseless. Two of his fel- gunnysacklike garments, the POWs had to low POWs were ordered to dig a shallow Mr. SMITH of New Hampshire. trench, put him in it and bury him while he trudge to the mine through 10-foot-snow- Madam President, I think most of us drifts in bitter winter cold. Of 10 captured was still alive. They refused. One of them Sealion crewmen. Cobb is the sole survivor. are familiar with or have heard discus- immediately had his head blown off with a ‘‘I try not to remember anything,’’ he says. sions about the Bataan Death March. pistol shot. Two more POWs were then or- ‘‘I want it to be a four-year blank.’’ That was a terrible experience for a lot dered to dig two trenches—one for the dead One day in August 1945, Lester Tenney and of American GIs. But I think what hap- POW, the other for the original prisoner, his fellow POWs saw a huge, mushroom- pened after the Bataan Death March, who had begun to moan. Tenney heard him shaped cloud billowing from Nagasaki. None continue to moan as he was being covered to some of those same people, and oth- with dirt. of them, of course, knew it was the atom ers, is particularly outrageous. bomb that would end the war. They found Tenney was one of 500 POWs packed into a I want to refer to a couple of para- 50-by-50-foot hold of a Japan-bound freighter. out on Aug. 15 that Japan has surrendered The overhead hatches were kept closed ex- when they were given Red Cross food pack- graphs from this article because it cer- cept when buckets of rice and water were ages for the first time during their long cap- tainly sums up why they should have lowered twice daily. Each morning, four tivity. They then found a nearby warehouse their day in court and what exactly we POWs were allowed topside to hoist up buck- crammed with similar packages and medical are talking about with regard to these ets of bodily wastes and the corpses of any- supplies that had never been distributed. American GIs and POWs. Let me read a one who had died during the night. . . . They also would learn that the Japanese couple of paragraphs. high command had a master plan to extermi- This is what happened to them after On April 9, 1942, a gentleman by the the Bataan Death March. When they nate all the POW slave laborers, presumably name of Lester Tenney, one of 12,000 to cover up their horrific ordeal. survived that, they were put on these After the POWs returned home, they were POWs, American soldiers, surrendered freighters and taken into these coal given U.S. government forms to sign that to the Japanese at the tip of Bataan mines and basically made slaves. bound them not to speak publicly about Peninsula. They were taken to a prison Vicious beatings by Mitsui overseers what had been done to them. America was in camp by the Japanese Army on what at the mine were constant. Tenney’s a geopolitical battle with the Soviet Union became infamous as the 9-day, 55-mile- worst moment came when two over- and, later, Red China for the hearts and long Bataan Death March during which seers decided he wasn’t working fast minds of the postwar Japanese and did not 1,000 of them perished. I will not go enough and went at him with a pickax want to do anything that might prove offen- into all of the details, but a few details sive to our recent enemy. The State Depart- and a shovel. His nose was broken ment’s chief policy adviser to Gen. Douglas will show why a day in court is justi- again. So was his left shoulder. The MacArthur, who headed up the occupation of fied and is important. The atrocities business end of the ax pierced his side, Japan, rhetorically asked: ‘‘Is it believed they suffered—some have been re- just missing his hip bone but causing that a Communist Japan is in the best inter- vealed; some have not—and what hap- enough internal damage to leave him ests of the United States?’’ pened afterward, where they were with a permanent limp. But Tenney, possibly because of his ex- forced into slave labor camps for some Most of us are familiar enough with tended hospitalization, never got one of of Japan’s biggest corporations, re- those forms. In 1946 he wrote a letter to the stories that came out of the Bataan State Department citing his experience and mains largely unknown. Frankly, until Death March to know what happened requesting guidance on how to mount claims I got involved in this a few months ago, there. But to think of surviving that against those who had beaten, tortured and I didn’t know some of this had hap- 55-mile trek over a 9-day period, basi- enslaved him. The State Department replied pened. cally being bayonetted if you helped a

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9221 friend who fell down or beaten or what- Arthur Reynolds from Kingston, NH, Should our Government be stopping a ever, to survive all of that and then be spent 31⁄2 years as a POW, 2 years of private citizen from seeking his or her placed into camps, slave labor camps which he spent shoveling coal under day in court for a grievance? I don’t on behalf of these corporations by unspeakable conditions for a private think so. I think it is wrong. I am, these corporations. Japanese company. He lost 100 pounds frankly, ashamed it is happening, I want to read the amendment I am in captivity and weighed less than 100 which is why I am on the floor of the offering because it is important to un- pounds when he was liberated. He sur- Senate. I am not here to redebate the derstand what the content is. All it vived on barely 500 calories a day, suf- war, refight the war, or bring up and says is: fered countless beatings. Now he is point out the atrocities of the war. None of the funds made available in this being told by his Government—not the That is not why I am here. I don’t act may be used by the Department of Jus- Japanese Government, the United think the veterans would want me to tice or the Department of State to file a mo- States Government—that they are on do that. The State Department facili- tion in any court opposing a civil action the side of the Japanese corporation against any Japanese person or corporation tated, ironically, a recent agreement for compensation or reparations in which the that enslaved him. between German companies and their plaintiff alleges that, as an American pris- I say to my colleagues, that is just victims who were used as slave laborers oner of war during World War II, he or she flat out wrong. Whatever happens in during World War II. I commend them was used as a slave or forced labor. the courtroom happens in the court- for that. That was the right thing to All this says is that no funds will be room. That is why we have lawyers on do. used to block the right of these folks to both sides. But what we are talking Last year this body passed S. Con. go to court. It doesn’t provide any about here is the right to sue. Res. 158, introduced by my colleague money to anybody. It doesn’t assume That is what we are talking about— and good friend, Senator HATCH, and that anybody is going to win this case. not the right to have a victory when urged the Secretary of State to facili- It doesn’t do any of that. We are prob- you sue, just the right to sue. However tate discussions between these vet- ably going to hear that. That is not the you feel, I have some very strong feel- erans and the guilty corporations. But case. ings that they should win this case and the State Department chose to ignore All it says is that the State Depart- many Americans—most, I hope—also this recommendation, unlike what ment stays out of it, the Justice De- do. We are not asking for a victory, as they did in the German case. When it partment stays out of it, and these much as I would like to see it. We are comes to the Japanese case, they chose folks are allowed to have their day in asking for the right to sue. to ignore this. In the case of the Japa- court. Arthur is 85 years old. How much nese companies, the State and Justice Let me explain why I introduced this longer is Arthur going to live? Manford Departments argued—listen carefully— 1 amendment. As I said, to go through Dusett from Seabrook, NH, spent 3 ⁄2 that the private claims of the veterans what they went through in the Bataan years as a POW. Like Arthur Reynolds, were waived by the 1951 peace treaty Death March, and then to be put into he is a survivor of the Bataan Death with Japan. I will repeat that because slave camps by Japanese companies March and the so called hell ships that it is very important to the whole dis- was atrocious. I want to make clear transported the prisoners to Japan. He cussion of this case. The State and Jus- what I mean by Japanese corporations. was forced to work in a coal mine for 10 tice Departments argued that the pri- War is a terrible reality. I have said to 12 hours a day, with almost no food vate claims of veterans were waived by that. What happens during war is trag- and under the worst imaginable condi- the 1951 peace treaty with Japan. I am ic, and sometimes it just happens. tions. He suffered a broken leg in the going to say, with the greatest respect, There is not a heck of a lot you can do mine. Frankly, he is lucky to be alive that that is flatout wrong. Their rights about it. What happened in World War today. He was able to get just enough were not waived. Why do they main- medical treatment to survive. Manford, II at the hands of these private Japa- tain this position then? nese companies is especially tragic be- as his colleague, weighed less than 100 Let me read from the 1951 peace trea- cause there has never been anything pounds when he was released. There ty, article 14(b). Let me read from arti- done about it. We are not talking about were others from New Hampshire. This cle 14(b) in the 1951 peace treaty: the Japanese Government torturing gentleman in the picture here is Ro- [E]xcept as otherwise provided in the American prisoners. I want to make land Stickney from Lancaster. I met present Treaty, the Allied Powers waive all that clear. The war is over. A treaty with him. There are others from New reparation claims of the Allied Powers, other was signed. Whatever happened, hap- Hampshire: Roland Gagnon from Nash- claims of the Allied Powers and their nation- pened. That is behind us. ua, Roland Stickney from Lancaster, als arising out of any actions taken by Japan What we are talking about is private Arthur Locke from Hookset, Wesley and its nationals in the course of the pros- Japanese corporations, many of which Wells from Hillsburo, Bill Onufrey ecution of the war and claims of the Allied Powers for direct military costs of occupa- exist today, corporations that Ameri- from Freedom, Ernest Ouellette of tion. cans know and trust, who used Ameri- Boscawen, and I am sure I missed a If I had only read article 14(b), which cans as slaves, who should have been few. I tried to find everybody. I just read, I might have agreed—and offered protection under the Geneva My colleagues who might be familiar Convention—not the Japanese Govern- with the plight of these veterans, I probably would have—that the claims of these veterans were waived by the ment, please understand, the Japanese have submitted for the RECORD the Pa- corporations. rade magazine article. It is important treaty because that is what it sounds Out of the 36,000 U.S. soldiers who you read that to understand not only like. But the issue is a lot deeper than were captured by the Japanese, 5,300 what happened to them in the Bataan that. So if someone is going to read ar- roughly are alive today. They are not Death March but, after that, how they ticle 14(b) on the Senate floor and say, getting any younger. survived when they were put on those therefore, these claims are waived, Several of those veterans live in New ships. Imagine being taken in those then we have to go beyond that. Let Hampshire. I was astounded to find out ships to the coal mines and other me go beyond that: that eight or nine of them do actually places where they were reported to Article 14(b) does not waive private claims live in New Hampshire. I am sure they work as slaves. against private Japanese companies. can be found in every State in the These veterans are seeking com- Don’t be mistaken. The State De- Union. I met with some of those vet- pensation through our legal system— partment knew this in 1951 when the erans during the August recess. It was that is all they are doing—from the treaty was signed. In fact, John Foster a very emotional meeting, but the in- Japanese corporations that used them Dulles, the chief negotiator for the teresting thing about it, there was no as slave laborers. That is all they are treaty—prior to his being Secretary of anger presented to me about what hap- doing. Yet, believe it or not, our Gov- State—orchestrated a confidential ex- pened in the war. The anger and frus- ernment, the U.S. Government, is try- change of diplomatic notes between the tration that was expressed to me was ing to stop that. They are opposing Japanese and the Dutch to address this what happened with these private com- veterans’ efforts to seek proper redress very issue in 14(b). In short, the Dutch panies that went beyond what hap- through our judicial system. Is that didn’t want any part of 14(b). They re- pened in the war. constitutional? fused to waive the private claims of

VerDate Mar 15 2010 03:22 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 S9222 CONGRESSIONAL RECORD — SENATE September 10, 2001 their nationals because, as the United not consider that the Government of the That is it. There is nothing com- States—remember the fifth amend- Netherlands by signing the Treaty has itself plicated about my colleagues’ vote on ment?—the Dutch were constitu- expropriated the private claims of its nation- this one. That is it: You are either for als so that, as a consequence thereof, after tionally barred from doing so without the Treaty comes into force these claims the American GIs who served and were due process of law. So they had a con- would be nonexistence. prisoners and were slaves or you are on stitutional problem like we have. They The Japanese Government is saying the side of the Japanese corporations can’t waive the private claims. Fortu- that: that put them in slave camps and your nately, the diplomatic notes—and this own Justice Department and State De- However, the Japanese Government points is what burns me up, frankly, if I may out that, under the Treaty, Allied nationals partment which kept the documents say it as nicely as I can. We find so will not be able to obtain satisfaction re- classified for 50 years so they could not much information classified in Govern- garding such claims, although, as the Neth- get their day in court. Whose side are ment. It is the old cover-your-you- erlands Government suggests, there are cer- you on? That is it. There is nothing know-what routine. That is why we tain types of private claims by Allied nation- complicated about it. keep it classified. There are legitimate als which the Japanese Government might What has happened is wrong. It goes reasons to classify materials, but 50 wish to voluntarily deal with. against the historical record, and my years later we finally get the truth de- These two documents remained clas- amendment simply prevents the unnec- classified. All these guys, for all these sified for 50 years while these guys essary interference of the Departments years, were being denied their day in tried for 50 years to get their day in of State and Justice in this case. I re- court when the truth was buried in the court. Our own Government would not peat, because it is very important to classified files. It is just absolutely un- give these documents to our own sol- understand, I do not predetermine the believable. I am not saying I am the diers. What an outrage that is. That is outcome with my amendment. first to find it. I know lawyers have an absolute outrage. Before I yield the floor, I want to re- The 1951 peace treaty in no way obli- found it for the others, for those doing peat what the amendment says so that gates the Government of Japan to pay this, those who are suing. But let me everybody understands it: any private claims. I admit that. It go right at it. None of the funds made available in this does not obligate them to do anything. What did those diplomatic notes say? act— We are not talking about the Govern- We have it right here. This is Sep- The underlying legislation, the De- ment of Japan. tember 7, 1951, just declassified in 2000, At the same time, the treaty does partments of Commerce, Justice, 50 years later, after all these guys have not waive private claims against pri- State— fought all these years trying to get vate Japanese companies, as the State None of the funds made available in this reparations, and most of them have and Justice Departments would like Act may be used by the Department of Jus- tice or the Department of State to file a mo- died. Only 5,300 remain out of 12,000. you to believe, and it is right there in Here we are. I will read this letter: tion in any court opposing a civil action declassified documents finally after 50 .... Dear Mr. Prime Minister, years. In other words, we do not want Jus- I beg to draw the attention of Your Excel- How is an exchange of diplomatic tice and State to come in now and op- lency to the paragraph in the address to notes between the Government of President and Delegates of the Peace Con- Japan and the Government of the pose the action of this court, of these ference I made yesterday, reading as follows: men, mostly men. Why? Because for 50 ‘‘Some question has arisen as to the inter- Netherlands relevant to the United States and its citizens? Good question. years these documents were classified pretation of the reference in article 14(b) to and they did not even have the oppor- ‘‘claims of Allied Powers and their nation- The answer lies in article 26 of the als’’— peace treaty, and this is what article 26 tunity to do it. We did them a dis- says: service. These are men who fought and It sounded as if we waived suffered horribly in a terrible war. Should Japan make a peace settlement or everybody’s rights— I urge my colleagues to please read which the Allied Powers agree to waive. war claims settlement with any state grant- ing that state greater advantages than those my amendment when you come down It is my Government’s view that article to the Chamber to vote to give these 14(b) as a matter of correct interpretation provided by the present treaty, those same does not involve the expropriation by each advantages shall be extended to the parties men—brave men, heroes—the oppor- Allied Government of the private claims of of the present treaty. tunity to go to court under the terms its national so that after the Treaty comes In other words, if they make a deal of the 1951 treaty, and give them an op- into force these claims will be non-existent. with the Netherlands, it does not in- portunity to be heard. That is all we The question is important because some volve anybody else who has the same are doing. Governments, including my own, are under constitutional problems. This occurred I also want to point out in all that— certain limitations of constitutional and in an exchange of diplomatic notes. I did not say it at the time, but to give other governing laws as to confiscating or Japan made it clear the treaty did not a little bit more credence to the argu- expropriating private property of their na- tionals. waive the private claims of Dutch citi- ment, guess who drafted the memos we zens, and article 26 automatically ex- are talking about between the Dutch Signed by the Prime Minister of tends this to American citizens. Pure and the Japanese. Who was involved in Japan. and simple. End of story. that draft? None other than John Fos- This one is signed by Dirk Stikker, This would have been resolved 20 or ter Dulles. That is the great tragedy of Minister of Foreign Affairs of the Neth- 30 years ago if somebody had just de- this. John Foster Dulles himself par- erlands. A copy was sent to the Japa- classified these documents. If some- ticipated in the draft of those docu- nese Government. It says, in part: body can please tell me why these doc- ments. We have all the evidence to that Also, there are certain types of private uments were classified for 50 years be- as well. claims by allied nationals, which we would cause of national security, I will be I hope my colleagues in the Senate assume the Japanese Government might want voluntarily to deal with in its own way happy to say we should classify them will say to Justice and State: Step as a matter of good conscience or of enlight- again. aside; it is the right thing to do. You ened expediency .... The Departments of State and Jus- kept this secret all these years by tice are on the side of Japanese cor- And so forth. classifying documents and did not porations. That is what this amend- To get to the fourth chart, this is allow our guys a day in court. Step ment is about: Are you on the side of from the Prime Minister of Japan to aside; do the decent thing and let these our Justice Department and State De- the Dutch, and I will read this portion men go to court, as it is determined partment that are on the side of the outlined: under the treaty we now know, and Japanese corporations that did this to allow them to sue. If they lose, they With regard to the question mentioned in our Americans, against the intent of Your Excellency’s note, I have the honor to lose. If they win, they win, but just let state as follows: that treaty, or are you on the side of them go to court. In view of the constitutional legal limita- the American GIs and POWs who for 50 Madam President, I yield the floor. tions referred to by the Government of the years have been denied their day in The PRESIDING OFFICER. The Sen- Netherlands, the Government of Japan does court? ator from Iowa.

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9223 Mr. HARKIN. Madam President, I stand at rigid attention directly in the the State Department and the Depart- thank my colleague and friend, the sun for 45 minutes. If he moved or even ment of Justice from using taxpayer Senator from New Hampshire, Mr. blinked, he was hit in the face. dollars to defend the interests of these SMITH, for proposing this important Then there is Frank Cardamon of Des Japanese companies. legislation and for offering this amend- Moines, a marine who was stationed in I might add, the House passed this ment today, which I am proud to co- China. His ship was sent back to the amendment in July by an over- sponsor. U.S. to get more supplies. When it whelming 393-to-33 vote, an amendment Before I get into the need for the stopped in the Philippines, of course, stating the State Department should amendment and perhaps repeat some of the ship was attacked and captured. not be allowed to use our tax dollars to the facts that the Senator from New Frank was captured at Corregidor and fight against our American POWs in Hampshire brought up, let me take a sent to Japan to work in an auto parts court. Now again, as Senator SMITH minute to summarize what happened in factory and then in the lead mines. said, I am sure while we both believe the Philippines and Japan between 1942 He was never paid for his work, fed the Japanese companies ought to pay and 1945. two cups of rice a day, and went from reparations and ought to pay these On March 11, 1942, Gen. Douglas Mac- 160 pounds to 68 pounds in his 3 years of POWs for the slave labor they provided Arthur reluctantly left behind thou- capture. These men tell me they sur- during the war, that is not what our sands of American troops in the Phil- vived on sheer will, not on the food. amendment says. Our amendment sim- ippines. Arriving in Melbourne, Aus- Last month in Iowa, as Senator ply says let them go to court; let them tralia, he pledged, of course, those fa- SMITH did in New Hampshire, I met make their case; let the Japanese com- mous words: ‘‘I shall return.’’ with three other POWs and their fami- panies come in and defend themselves, General MacArthur did return. He lies on this issue. I met with William if they will. liberated the Philippines and rolled McFall of Des Moines, who received a That is all we are asking. We are not back the forces of imperial Japan. Purple Heart and numerous other med- preconditioning the outcome. We are Sadly, MacArthur was too late for the als. He worked in the coal mines and not setting up any kind of a standard hundreds who had died in the infamous told me about how dangerous it was by which they will be held in one view Bataan Death March. In that 3-day working in the coal mines. over the Japanese companies. We are forced march, American troops were I met with the sisters of Jon Hood, a simply saying let them have their day denied food and water, beaten and Navy seaman forced to work on the in court. We are saying our State De- bayoneted if they fell to the ground. As shipping docks. I met with Gene Hen- partment should not be intervening in many as 700 Americans lost their lives derson of Des Moines. He actually was State or Federal courts against these in those 3 days. not in the military. He was a civilian POWs. Let the POWs have their own It also was too late for the thousands employee at the Pacific Naval Air Base arguments and their day in court, and who lost their lives on the so-called on Wake Island. Gene Henderson was let us keep our State Department out hell ships that transported surviving captured and sent to China to work on of it. POWs to Japan and Japanese-occupied Japanese artillery ranges before he was These men courageously served our territories. Packed into cargo holds, sent to work in the iron ore pits in country. They endured unspeakable, American POWs struggled for air, as Japan. wretched conditions as slave laborers temperatures reached 125 degrees. Al- Although she could not attend the for these Japanese companies. Mac- most 4,000 American servicemen would meeting I held, Margaret Baker of Arthur was forced to leave them behind lose their lives just on these journeys Oelwin, IA, wrote me a letter in June in 1942. In 2001, let us not leave them in these cargo ships. about her late husband Charles Baker. behind one more time. Let us give Those who survived Bataan and the Charles Baker, who was an Army pri- them their day in court. hell ships would find little rest as Jap- vate, survived the Bataan Death March My colleague has given all of the ar- anese POWs. For more than 3 years, before he was sent to work in the guments. He has outlined what the they would serve as slave labor for pri- mines in Japan for 3 years. He died at treaty said in article 14(b). He laid out vate Japanese companies, the same age 54 in 1973. In her letter she wrote: very cogently and clearly the side companies whose names we revere He suffered many injuries and hunger on agreements that had been done by today and whose products we buy daily, the Death March during his imprisonment. John Foster Dulles, at that time the weekly, and monthly in the United We feel that his early death was caused by chief negotiator for the allied nations, States: Matsui, Mitsubishi, Nippon, the suffering that he endured while working whose letters and side agreements were and others. long hours in the mines, without food, rest not brought to light until April of last Throughout the war, Americans and clothing. year. So for all of these years these worked in the mines of these compa- I speak for this amendment and sup- POWs and their lawyers really perhaps nies, their factories, their shipyards, port it on behalf of these veterans and did not have a leg to stand on because their steel mills. They labored every their families. These men and 700 of of this treaty, but then after April of day for 10 hours or more a day in dan- their fellow prisoners of war and their 2000 we found out the Japanese had gerous working conditions. Some of families are now seeking long delayed made an agreement with the Govern- those who went into the mines were justice. They have gone to court to ask ment of the Netherlands to allow the sent into the mines because it was too for compensation from the Japanese private citizens of the Netherlands to dangerous for Japanese to work in companies that used them as slave la- pursue their private claims. them. So they sent the American POWs borers during the war. Then article 26 of the 1951 peace trea- into the coal mines to dig the coal. They deserve their day in court. Yet ty sort of trumps article 14(b). Now ar- They were beaten on a regular basis. as the Senator from New Hampshire ticle 14(b), as Senator SMITH pointed Frank Exline of Pleasant Hill, IA, has pointed out, our own State Depart- out, basically said: The allied powers was one of those POWs. A Navy seaman ment has come down on the side of the waive all reparation claims of the al- who was captured April 9, 1942, Frank Japanese companies, not our POWs. lied powers, other claims of the allied spent 39 months working for Japanese The State Department has taken the powers and their nationals arising out companies in Osaka, Japan. He began view that the peace treaty signed in of any actions taken by Japan and its on the docks unloading rock salt and 1951 prohibits reparations from private nationals in the course of the prosecu- keg iron. Later, he found himself toil- Japanese companies for survivors such tion of the war. ing in the rice fields. He was fed two as Frank Cardamon or Gene Hender- On its face, that ends it. That ends it rice bowls a day and given very little son. In fact, State Department officials right there. For all of these years, that water. have submitted statements to the is what sort of the basis in court was. During his time with these Japanese Court in support of the view of the Jap- Article 26 did state, should Japan make companies, Frank was tortured and anese companies. I do not think that is a peace settlement or war claims set- beaten, once for stealing a potato. right. I do not think it is fair. That is tlement with any state granting that Upon being caught, the potato was why I am a cosponsor of Senator state greater advantages than those shoved in his mouth as he was forced to SMITH’s amendment that would stop provided by the present treaty, those

VerDate Mar 15 2010 03:22 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 S9224 CONGRESSIONAL RECORD — SENATE September 10, 2001 same advantages shall be extended to not that many remain. It seems to me from New Hampshire, passed in 1983 the parties to the present treaty. this is the fair and right thing to do, to that barred the Justice Department We did not know until April 2000 that make final these reparations, and with- from intervening in certain types of the Japanese Government had indeed out interference from the executive private antitrust lawsuits. We have made a war claims settlement with an- branch of the Government. done that many, many times in the other state granting greater advan- I am constrained to say I hope no one past. I don’t think the argument that tages to the nationals of that state, interprets this amendment or our sup- somehow this violates our separation and that was, of course, the Dutch citi- port for this amendment as somehow of powers holds any water. zens because the diplomatic note to the trying to bring up again World War II I thank my colleague from New Japanese Prime Minister from the or bringing up in a way that would be Hampshire for his leadership on this Dutch Foreign Minister—again which detrimental to the present Government issue, for sticking up for our POWs and was read by the Senator from New of Japan the actions taken during for offering this amendment. I hope it Hampshire, and I just repeat it for em- World War II. That is not our intention is passed overwhelmingly so we can co- phasis sake—it said that: It is my Gov- at all. We all recognize the Govern- ordinate with the House, which passed ernment’s view—that is, the Govern- ment of Japan is one of the great, it overwhelmingly, and permit these ment’s view of the Government of the strong democracies of our present lawsuits to move ahead and give POWs Netherlands—that article 14(b), as a world. They have a system of free gov- their long overdue day in court. They matter of correct interpretation, does ernment and free enterprise in Japan may have been left behind in 1942 by not involve the expropriation by each that is the envy of many places in the General MacArthur; let’s not leave allied government of the private claims world. them behind one more time. of its nationals. So that after the trea- For a year and a half I was privileged I yield the floor. ty comes into force, these claims will to serve my country as a Navy pilot The PRESIDING OFFICER (Mr. be nonexistent. stationed at Atsugi airbase in Japan in BAYH). The Senator from Hawaii. In other words, the Dutch Minister the mid to late 1960’s. I spent a year Mr. INOUYE. Mr. President, two of said: It is my Government’s view that and a half living on the Japanese econ- my most distinguished colleagues, the 14(b) does not prohibit private claims omy. I worked every day with men and Senator from New Hampshire, Mr. of the nationals of the Netherlands. SMITH, and the Senator from Iowa, Mr. The Japanese Prime Minister re- women who worked for the Nippon Air- craft Corporation. I was one of their HARKIN, have offered this amendment sponded: to the measure before the Senate. I will test pilots. I worked with them every In view of the constitutional legal limita- share my thoughts on this amendment day. During my year and a half there, tions referred to by the government of the and the reasons why I oppose it. Netherlands, the government of Japan does I can honestly say I became an admirer While listening to my colleagues’ not consider that the government of the of the Japanese people and an admirer speak, I was reminded that a few days Netherlands by signing the treaty has itself of many of the things they have done expropriated the private claims of its nation- ago I was called upon by one of my after World War II. I don’t for one dear friends in the Senate, advising me als so that, as a consequence thereof, after minute admire anything they did dur- the treaty comes into force these claims that I should not be involved in this would be nonexistent. ing World War II, what the warlords matter; that it would be, without ques- Taken out of international State De- did, what they did to lead that nation tion, an amendment of high emotions, partment legalese, what that basically into World War II. The atrocities they and that it would revive memories of a says is the Government of Japan has committed during World War II are a distant past, black memories. said to the Government of Netherlands definite blot on their history. Like some of my colleagues, I am old that just signing this treaty does not Today, the Japanese Government enough to recall those dark days in our mean you take away from your citizens stands as a beacon of democracy and history. Like some Members, I was in- their right of private claims against representative government. The Japa- volved in that ancient war, World War the Government of Japan or the na- nese people, I think, have expunged II. Sometimes I have my personal tionals of the nation of Japan. themselves of this terrible legacy of nightmares. This is the document we did not World War II. I am saying this because There is no question that none of us know about until April of 2000. So we I don’t want anyone to interpret that here would ever condone any of the ac- know that article 26 of the treaty of we are using this amendment or offer- tions taken by the Japanese in the Ba- 1951 now comes into full force and play, ing this amendment as if making a det- taan death march. Being of Japanese and because Japan made a war claims rimental statement about the present ancestry becomes a rather personal settlement with the Netherlands that Government of Japan. That is not so. matter. Who knows, one of my cousins gives them greater advantages than We are saying we believe in the rule could have been the one with the bayo- those provided in the present treaty, of law, just as the Japanese Govern- net and rifle. I have no way of know- those same advantages should be ex- ment, since World War II, believes in ing. But those men who mistreated our tended to all of the parties of the the rule of law. This rule of law we ad- men were of the same ancestry. present treaty. Therefore, we believe here to, that we believe in so strongly, Therefore, I stand before the Senate very strongly that our private citizens, says that people who are wronged, peo- not with any great pleasure but be- our POWs who worked as slave labor- ple who believe they have a claim cause I feel it must be done. Two days ers, have every right to pursue their against another person or a govern- ago, officials of our Nation and the claims in whatever courts they can ment, ought to have their day in court. high officials of Japan gathered in the find to take up those claims. That is all we are saying. Let them city of San Francisco to commemorate Unfortunately, the Departments of make their case. If the Japanese com- the 50th anniversary of the signing of State and Justice are not on the side of panies want to defend themselves and the Treaty of San Francisco which our POWs. They convinced a Federal say they have already paid reparations, ended the hostilities of Japan in World judge to dismiss these lawsuits. This is they have already paid in full for all of War II. This treaty was a farsighted fundamentally unfair. This amendment this, let them come to court and show document designed very deliberately to would correct this injustice. I do not us. That is all we are saying. eliminate the possibility of further know whether or not in a court of law The administration argues this Japanese aggression by paving the way these POWs will be able to prevail. I amendment violates our Constitution for an enduring peace between our two don’t know all of the legal implica- regarding the separation of powers. countries. tions. I do know they should have their This type of restriction we are now Central to this goal was the recogni- day in court to argue their claims placing on appropriations by the par- tion by the United States that it had a against these private companies. It is ticipation of the Attorney General in responsibility to rebuild war-torn not as if Mitsubishi, Matsui, and private litigation has been enacted in Japan so that it could regain its eco- Nippon are bankrupt. These are multi- Congress before and has been accepted nomic self-sufficiency. The economic national corporations. They are big. and complied with by the executive abandonment of Germany after World As the Senator from New Hampshire branch. There was an example offered War I by the victorious nations of Eu- said, our POWs are getting older and by Warren Rudman, another Senator rope and its horrific consequences were

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9225 enough to convince the President and out by the Senator from New Hamp- branch’s ability to carry out its core the Congress of the United States to shire and the Senator from Iowa. How- constitutional responsibility relating avoid inviting a repetition in the Pa- ever, when the officials of our nations to treaties, article II of the Constitu- cific. Accordingly, the provisions of the met with representatives of the de- tion. Accordingly, reopening this issue San Francisco treaty were specifically feated nation, Japan, these atrocities as the amendment now proposes would aimed at protecting the recovering were recognized and taken into ac- have very serious negative con- economy of Japan, and among the most count in the consideration and ratifica- sequences for United States-Japan re- important of these was article 14(b) of tion of the treaty of San Francisco. lations, and, sadly, would sow doubt that treaty. I think we should read this Moreover, the Government of Japan about America’s word among other al- article 14(b) once again: has acknowledged the damage and suf- lies. [E]xcept as otherwise provided in the fering it caused during World War II. Therefore, I oppose the amendment present Treaty, the Allied Powers waive all Last Saturday, September 8, the Min- and I hope all of my colleagues will reparations claims of the Allied Powers, ister for Foreign Affairs, Mr. Tanaka, carefully consider the points that I other claims of the Allied Powers and their reaffirmed Japan’s feelings of deep re- have raised. nationals arising out of any actions taken by morse and heartfelt apologies that had I thank the Chair. Japan and its nationals in the course of the been previously expressed in 1995 by The PRESIDING OFFICER. The Sen- prosecution of the war[.] then-Prime Minister Murayama. ator from Iowa. It was clear that this language was Unfortunately, the amendment pre- Mr. HARKIN. Mr. President, I want intended to waive, unless otherwise sented by my two distinguished col- to respond to my great friend—he is provided in the treaty, all claims of the leagues attacks a central provision of my great friend—and colleague from United States and allied nationals the treaty by making it difficult, if not Hawaii. There is no one with whom I against Japan and Japanese nationals impossible, for the Departments of Jus- have greater respect and admiration in arising from World War II. tice and State to intervene in repara- the Senate for all the years I have been No one can deny the pain and the tions suits and assert article 14(b) of here than the senior Senator from Ha- atrocities suffered by American citi- the treaty. waii, Mr. INOUYE. Certainly, I commend zens who were prisoners of war in I think we should remind ourselves him for his statement and the courage Japan, and by agreeing to article 14(b), that article II of the Constitution of he has shown to take his position on our Nation did not intend to turn its the United States makes it very clear this matter. No one should in any way back on its own citizens. that it is the President of the United misinterpret the action taken by Sen- I have had the privilege and the great States who has the responsibility of ne- ator INOUYE in opposing this amend- honor of serving in the Congress now gotiating treaties and making certain ment. I know he comes at it with con- for nearly 42 years and during that that the provisions of the treaties are science and with his own feeling of time I believe my record is very clear carried out. It is not the right of any what is right. when it comes to the support of the State or any individual, nor is it the I may not agree with his position on men and women in uniform. At this right of this Congress. it, and let no one think that in any moment, I find myself in some dis- Thus, if this amendment is approved way Senator INOUYE now or at any agreement with the great leaders of by both Houses of Congress and signed time has let down our country, or our this Senate as to how the Defense Ap- into law by the President, it would an- veterans, or our military establish- propriations Subcommittee’s bill nounce our intention to abrogate a ment. By his own life and by his own should be handled. I have always main- central term of the treaty of San Fran- example, Senator INOUYE has shown tained that we cannot do enough for cisco. This action will abrogate that what it means to be a patriot and to men and women in uniform. Less than treaty. Some have suggested it might put himself in harm’s way and possibly one-half of 1 percent of this Nation has be a slap in the face of the Japanese. give one’s life for his country. He did stepped forward to indicate to the rest Yes, it might be, but, more impor- that during World War II. of us that they are willing to stand in tantly, it will abrogate a treaty. No one could have been more proud harm’s way and, if necessary, at the We who have stood on this floor time than all of us here when President risk of their lives. How can anyone say and again condemning other nations Clinton finally recognized his efforts, this is not something worthy of our for slight deviation of their treaties are his dedication, and his sacrifice during support? So my support for the men in now coming forth deliberately to say war in finally granting Senator INOUYE uniform, I hope, will not be questioned that we are prepared to abrogate this the Congressional Medal of Honor. It by any one of my colleagues. treaty. This would be contrary to U.S. was a recognition that was long over- When we signed the treaty and when foreign policy because it would signal due. we passed the War Claims Act of 1948 to the world that the United States I hope that no one misinterprets soon thereafter, our Nation assumed cares little for its treaty obligations. It what the Senator said in his opening the responsibility of making repara- would be also contrary to U.S. national statement about taking his position. I tions to our people using the proceeds security policy because the San Fran- certainly don’t, and no one else should. of Japanese assets ceded by Japan cisco treaty is the cornerstone of U.S. As I said, we have a disagreement. under the treaty. We thought it was security arrangements in the Asia-Pa- And, quite frankly, I am hard pressed important enough at that moment in cific region. to think of the last time I disagreed our history to take over that responsi- In addition to the foreign and secu- with the Senator from Hawaii because bility. rity policy considerations, this amend- I have high regard for him in matters I do not stand before you to present ment might also encourage other na- pertaining to our military, to our vet- any rationale or apology for Japanese tions to facilitate lawsuits against the erans, and the defense of our country. war crimes because history has shown United States, and against U.S. compa- But I just happen to have a disagree- that during the war, as in many great nies and the U.S. Government and its ment on this one issue. wars, officers and men of competing ar- officials for actions by U.S. military Again, I point out that all we are try- mies oftentimes resort to treatment of and those who support such actions. ing to do is give the day in court for prisoners so cruel and inhumane as to This is not farfetched. It could expose our rule of law. I believe we can do so seem barbaric. There are no good peo- our Nation and our Nation’s citizens to without in any way abrogating a treaty ple in a war. millions, if not billions, of dollars in or harming our relations with Japan. Those of us on the committee, the claims. The administration of Presi- As I said earlier, I have the highest es- Defense Appropriations Subcommittee, dent Bush, in its policy statement teem for Japan and the people of have one thing in mind—to prevent issued through the Department of Japan. I would want nothing in any wars—because many of us have seen State, concurs with this analysis and way to be misinterpreted that we are what war can do. There is no question strongly opposes the amendment. in any way trying to bring up the dark that American prisoners in the hands Indeed, the administration addition- days of World War II again. But I be- of the Japanese suffered much. I think ally objected to the amendment be- lieve just as strongly that our rule of the evidence is rather clear, as pointed cause it would impair the executive law commands us not to do otherwise.

VerDate Mar 15 2010 03:22 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9226 CONGRESSIONAL RECORD — SENATE September 10, 2001 We must permit them to have their day deference to the views of the executive activities in the German case, and I in court. It is their right. branch or frankly, the legislative think it is the right thing to do in this Again, I thank the Senator from New branch. This is law. That is how things case. Hampshire for offering the amendment. are settled. Last year, again, as I said earlier in I particularly want to thank Senator In any event, the amendment does my statement, this body passed S. Con. INOUYE for his years of dedication to not prevent the executive branch from Res. 158, offered by Senator HATCH, our country, for his leadership during executing the treaty. I want to make which urged the Secretary of State to World War II, and for his 42 years of that very clear. It does not prevent the facilitate discussions between the vet- leadership in the Senate. I am sorry I executive branch from executing the erans and the Japanese. Unfortunately, have to disagree with him on this treaty. It merely prevents the execu- though, the State Department chose to issue. tive branch from advocating a certain ignore that. All we are trying to do is Thank you, Mr. President. interpretation in court. to move forward and not have it hang The PRESIDING OFFICER. The Sen- All we are doing with my amendment out there any longer. ator from New Hampshire. and that of Senator HARKIN and others Again, this is an issue between pri- Mr. SMITH of New Hampshire. Mr. who cosponsored it is to say we are not vate Japanese companies and private President, I want to associate myself going to provide taxpayer dollars to United States citizens who have been with every single word the Senator allow that argument to be fought. Let wronged by those companies. It is also from Iowa just said regarding our col- it go to court. That is all. I think it is important to remind people that we do league, Senator INOUYE. I want to state very important that we understand have a Constitution and every single for the record that Senator INOUYE has that. one of us has constitutional rights. earned the right to say anything he Some say the amendment impairs Under the fifth amendment: ‘‘No per- wishes on the floor of the Senate with the ability of the courts to interpret son shall . . . be deprived of life, lib- his distinguished service to our coun- treaties. The courts are perfectly capa- erty, or property, without due process try. I think we have a difference of ble of interpreting treaties without the of law; nor shall private property be opinion on what the treaty said or assistance of the executive branch. taken for public use, without just com- didn’t say. That is it as far as I am con- They are not bound by executive inter- pensation.’’ cerned, to make the record clear. pretation. In fact, the Supreme Court The Supreme Court has ruled that I want to respond to the point on the noted in one of its opinions that the the Federal Government can take or abrogation of treaties because I think courts interpret treaties for them- espouse private claims of United States it is important we understand that, in selves. The courts remain the final ar- citizens against foreign governments my view—and I think in the view of biter of a treaty’s meaning and have and their agents, but this case involves many—it doesn’t abrogate the treaty the right to interpret a treaty. private claims against private corpora- at all. It limits the State and the Jus- The courts observed that the views of tions that are not agents of the Japa- tice departments from interfering. the executive branch regarding a trea- nese Government. There are no con- That is all. The courts will decide the ty are entitled to no deference of any stitutional or legal precedents for the true intent of the treaty. That is what type when they appear to have been Federal Government to take or espouse courts are supposed to do. But they adopted either solely for political rea- the private claims of its citizens should be able to do so without what I sons or in the context of any particular against private foreign entities. would consider unnecessary meddling. litigation. I believe we are dealing with In fact, if you read article 14(b), Article 26 of the treaty makes it very the latter in this case. which we have done a couple times, to clear that the Japanese entered into a Let me also get to the point of dam- mean ‘‘private versus private claims,’’ more advantageous agreement than aging relations with Japan. No one this raises very serious fifth amend- those terms apply to all the signatories wants to do that. I want to make it ment concerns. The Federal Govern- of the treaty. very clear that I believe Japan is a val- ment does not have the right to We are not abrogating the treaty. We uable ally in the Far East and that espouse private versus private claims. are fulfilling the treaty. they are very important to us, espe- There is an important difference be- I think it is very important to under- cially as we look at the emergence of tween the private versus Government stand those points that were made in China and the threat of the Chinese. claims, which the Federal Government the exchange between the Japanese This is not about the Japanese Govern- can espouse, and the private versus pri- Government and the Dutch Govern- ment. It is not about replaying the vate claims, which the Federal Govern- ment and article 26 in the sense that war. It is about interpreting a treaty ment cannot espouse. That is a big dif- the person who offered those docu- the way it was intended and allowing ference. ments, John Foster Dulles, made it people to have their day in court with- Just like the United States Govern- very clear that we don’t want to deny out losing their constitutional rights. ment, the Dutch were faced with the individuals under a constitutional gov- That is for all of us. same problem. The Dutch had a con- ernment the right to have their con- It should not change our relationship stitutional issue, which is why they stitutional rights fulfilled. with Japan. I do not know of anybody raised the issue at the time, which is I would respond quickly to three or who wants to do that. We are strong al- why article 26 was written. John Foster four points that were made by the op- lies. We are close friends. We are going Dulles certainly had a hand in writing ponents and then yield the floor. to continue to be close friends after both of those letters and the exchange We just talked about those who say this. This should not, in any way, be of letters between the Japanese and the it undermines the treaty obligations. It construed as an unfriendly act. Sec- Dutch. He understood both sides of it. merely prevents the State and the Jus- retary Powell, I think, recently called And he understood it completely. That tice departments from distorting the Japan our Pacific anchor. I think he is is why the letters were written and true facts. I am not saying the State right. But it does send a serious mes- why the Dutch raised the question. And and Justice departments in any way di- sage that as long as these veterans are that is why they made certain that if rectly are responsible for holding back with us, this is going to be an area of another country raised similar objec- documents. The truth is our own Gov- contention. tions, such as the United States, they ernment for 50 years never released Frankly, I think it is better for Japa- would have the opportunity to have these documents. Had these documents nese-American relations to get it be- their citizens have their day in court. been available 50 years ago, I think hind us. Let’s move on. And the best So I hope that as we get to whatever this matter would have been resolved. way to do it is to allow these men to point the leadership decides to call a For all these years our veterans come to court without the interference vote on this, we understand that this is never had the opportunity to have this of the Justice and State Departments; not about bringing up some old war information and take it to court. let them come to court, have their day stories or replaying the war or any- The judicial branch is perfectly capa- in court, and get a decision. That was thing at all. It is simply about the ble and within its rights to interpret the right thing to do when the State right of an American citizen, who hap- treaties without any assistance from or Department did that in relation to the pened to be a POW, to get his or her

VerDate Mar 15 2010 03:22 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2001 CONGRESSIONAL RECORD — SENATE S9227 day in court against a private company He only got the Distinguished Serv- fornia court. The judge found it and in another country and not be inter- ice Cross. It hit my conscience that studied it and objectively looked at it fered with by our own Government. here was an individual, just because he in every particular regard and found All our amendment does is say that was alone, and not recognized at that otherwise. Nothing that we vote on no funds under this act shall be used by time, who only received the Distin- today one way or the other is going to our country or our Government to guished Service Cross. And that was re- take away their right in court. interfere with that claim. That is it. paired last year when he, and others of But there is a right and a duty and a Mr. President, I yield the floor. those brave Nisei fighters, received the responsibility of the Department of The PRESIDING OFFICER. The Sen- Medal of Honor. So the record has been State and the Department of Justice to ator from Hawaii. made. defend the position of the United Mr. INOUYE. Point of inquiry: Will But this isn’t on account of Senator States. And we think that the position this matter be voted upon at 5:30? INOUYE’s courage. I really am grateful, of the United States is under article 14 Mr. HOLLINGS. I think so. We are managing this bill myself, that he has of that particular treaty with Japan, ready to make that request, but I want taken this position that does take ratified in 1952 by an overwhelming to say a word in debate. courage in one sense of the word. But vote that was entered into by Presi- Mr. INOUYE. Fine. under the Constitution, which the dis- dent Truman, ratified by a 66–10 bipar- Mr. REID. Mr. President, will the tinguished Senator from New Hamp- tisan vote in the U.S. Senate. If I raise Senator yield? shire points out, there is no other my hand as a Senator, I hereby pledge The PRESIDING OFFICER. The Sen- course than to kill this particular to preserve, protect, and defend. So it ator from Nevada. amendment. is not the side of the corporation or the Mr. REID. Mr. President, I ask unan- Let me speak again of my high re- side of the veteran. It is the position imous consent that the time until 3:15 gard for the Senator from New Hamp- under the Constitution. You have to p.m. be for debate with respect to the shire and the Senator from Iowa in defend the laws of the land. Smith amendment No. 1538; that at 3:15 their feeling for the veterans, particu- Certainly, I am not totally familiar p.m. the amendment be set aside to larly those who suffered under that with this particular issue, certainly recur at 5 p.m. today, with all time death march from Bataan, because I not as much so perhaps as the distin- equally divided and controlled between was dragged into this thing myself in guished Senator from New Hampshire. Senators SMITH of New Hampshire and May of 1942, when others just ahead of But there have been others who have HOLLINGS or their designees; that a me got caught up not only in the Ba- studied it very thoroughly. vote in relation to the amendment taan march but served as prisoners of I have a letter from a distinguished occur at 5:30 p.m. today, with no sec- war under such treatment that has former Secretary of State. This is in ond-degree amendments in order prior been described by the distinguished June. He writes to the House chairman to a vote in relation to the amend- Senators from New Hampshire and of Foreign Relations, I take it, at that ment; further, that at 3 p.m. Senator Iowa. particular time. I want to read from I think of Jack Leonard. I think of this letter from George P. Shultz: DORGAN be recognized to offer an amendment relating to TV Marti. other classmates who suffered in that Dear Mr. Chairman: I am writing to you to Mr. HOLLINGS. You mean 3:15. period of the war. So I share the feeling express my deep reservations about H.R. of the Senator from New Hampshire. 1198, the Justice for the U.S. Prisoners of Mr. REID. Yes, 3:15. War Act of 2001. The PRESIDING OFFICER. Is there You cannot be more devastated and de- This was passed overwhelmingly, in- objection? faced and tortured than these Japanese cidentally, in the House of Representa- The Chair hears none, and it is so or- prisoners of war. They deserve every tives. We have too many pollsters in dered. bit of consideration they can get under Government. My pollster, my political Mr. REID. Mr. President, I extend my the Constitution. But if we are going to consultant said: Why don’t you keep appreciation to the Senator from be a body of laws, there isn’t any ques- tion about whose side—I was taken by your mouth shut. Let DANNY INOUYE Idaho, who is not in the Chamber, for defend it and you don’t have to say allowing us to move forward on this the Senator from New Hampshire who said you are either on the side of the anything. And then in the next elec- even though his amendment is pending. tion, you won’t have to explain how the Mr. HOLLINGS. Mr. President, I private Japanese corporations or you are on the side of the veterans. Not at veterans now are all against you. thank the distinguished Senator from Life is too short for that kind of non- Nevada, who keeps the trains run- all. You are either on the side of the Constitution or you are not. And our sense. You have to take positions here. ning—and on time —and, incidentally, Let me go ahead with Secretary is fully informed on what is on that Constitution says: The treaty made duly ratified is the law of the land. Shultz’s letter: train. That is really the point to be I express my opposition to the bill against made with Senator HARRY REID. That terminated any particular claims or their day in court. the background of tremendous sympathy for The PRESIDING OFFICER. The Sen- the problems of the United States’ citizens ator from South Carolina. To understand, read this amendment, who have in one way or another been Mr. HOLLINGS. Mr. President, there not agreeing, if you please, with the harmed, many severely, in the course of war is no question when the chorus is Senator from New Hampshire, not and its sometimes dehumanizing impact. formed to praise our distinguished sen- agreeing, if you please, with the Sen- But the bill in question would have the ef- ior colleague from Hawaii, I am going ator from South Carolina, but it says: fect of voiding the bargain we made and ex- None of the funds made available in this plicitly set out in the Treaty of Peace be- to be in that chorus. There is no one I tween Japan, the United States, and forty- admire more. Act may be used by the Department of Jus- tice or the Department of State to file a mo- seven other countries. President Truman I remember the debate with respect tion in any court opposing a civil action with the advice and consent of the Senate to the reparations, and I was moved by against any Japanese person or corporation ratified the treaty and it became effective our other wonderful Senator from Ha- for compensation or reparations in which the April 28, 1952. waii, Mr. Matsunaga. But mind you plaintiff alleges that, as an American pris- The Treaty has served us well in providing me, that was a very different situation. oner of war during World War II, he or she the fundamental underpinning for the peace was used as a slave or forced labor. and prosperity we have seen, for the most Here is an individual of Japanese de- part, in the Asia Pacific region over the past scent, DANIEL INOUYE of Hawaii, who It says that the Department of Jus- half-century. fought for over a year to try and gain tice and the Department of State can- The Treaty addresses squarely the issue of acceptance as a soldier in the cause of not function as a Department of Jus- compensation for damages suffered at the the United States in World War II. And tice and a Department of State. Cer- hands of the Japanese. Article 14 in the trea- having done that—because I was in tainly, they don’t want to do that. If it ty sets out the terms of Japanese payment that particular theater—to go forward is to be that they have a right or day ‘‘for the damage and suffering caused by it during the war.’’ The agreement provides: in Italy with the Nisei fighters, even in court—and certainly nothing we 1. a grant of authority to Allied Powers to after the armistice peace had been vote on this afternoon will take away seize Japanese property within their juris- signed with Italy, with his arm gone that right or day in court—it has been diction at the time of the treaty’s effective and 22 slugs in his body. had, this time last year in the Cali- date;

VerDate Mar 15 2010 03:22 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9228 CONGRESSIONAL RECORD — SENATE September 10, 2001 2. an obligation of Japan to assist in the Alfano v. Mitsubishi Corp, CD Cal No 00–3174 Federal courts have original jurisdiction rebuilding of territory occupied by Japanese Corre v. Mitsui & Co., CD Cal No 00–999 over cases ‘‘arising under the Constitution, forces during the war; and Eneriz v. Mitsui & Co, CD Cal No 00–1455 laws or treaties of the United States.’’ 28 3. waiver of all ‘‘other claims of the Allied Heimbuch, et al. v. Ishihara Sangyo Kaisha, USC § 1331. For purposes of removal, federal Powers and their nationals arising out of Ltd, ND Cal No 99–0064 question jurisdiction exists ‘‘only when a any action taken by Japan and its nationals Hutchison v. Mitsubishi Materials Corp, CD Cal federal question is presented on the face of of the war.’’ No 00–2796 the plaintiff’s properly complaint.’’ Cater- Let me divert from the reading of King v. Nippon Steel Corp., ND Cal No 99–5042 pillar Inc v. Williams, 482 US 386, 392 (1987). Since a defense is not part of a plaintiff’s this letter. One says ‘‘to seize the prop- Levenberg v. Nippon Sharyo, Ltd, ND Cal No 99–1554 properly pleaded statement of his claim, a erty.’’ That was done. Japanese prop- Levenberg v. Nippon Sharyo, Ltd, ND Cal No case may not be removed to federal court on erty was seized. You constantly hear in 99–4737 the basis of a federal defense. Rivet v. Regions the presentation that this is against Poole v. Nippon Steel Corp., CD Cal No 00–0189 Bank of La, 522 US 470, 475 (1998). private corporations. The treaty was Price v. Mitsubishi Corp., CD Cal No 00–5484 Defendants’ assertion of the Treaty of against private corporations and their Solis v. Nippon Steel Corp., CD Cal No 00–0188 Peace with Japan as a defense to plaintiffs’ property and was distributed to the Titherington v. Japan Energy Corp., CD Cal No state law causes of action does not, there- 00–4383 fore, confer federal jurisdiction. Recognizing prisoners of war. It wasn’t done this, defendants rely on a line of cases com- enough; you and I both agree on that in Wheeler v. Mitsui & Co., Ltd., CD Cal No 00– 2057 mitting to federal common law questions im- a flash. I sympathize with the motiva- On December 23, 1941, after mounting a plicating the foreign relations of the United tion of the distinguished Senator from brave resistance against an overwhelming States. In Banco Nacional de Cuba v. Sabbatino, 376 New Hampshire, but we did seize the foe, the small American garrison on Wake Is- US 398, 425 (1964), a case in which federal ju- property. And we did distribute it as land in the South Pacific surrendered to Im- risdiction was based on diversity of citizen- reparations. That ended all claims of perial Japanese forces. James King, a former United States Marine, was among the troops ship, the Supreme Court held that develop- all nationals. ment and application of the act of state doc- The waiver of all other claims of the and civilians taken prisoner by the invaders. He was ultimately shipped to Kyushu, Japan, trine was a matter of federal common law, allied powers and their nationals, that notwithstanding the general rule of Erie R Co ended it. It didn’t say whether 50 years where he spent the remainder of the war toil- ing by day as a slave laborer in a steel fac- v. Thompkins, 304 US 64, 78 (1938), that federal from now we can find some memo with tory and enduring maltreatment in a prison courts apply state substantive law in diver- respect to the Netherlands and whether camp by night. When captured, King was 20 sity cases. The court reasoned that because or not they had constitutional author- years old, 5 feet 11 inches tall and weighed the doctrine concerned matters of comity be- ity. There isn’t any question that our 167 pounds. At the conclusion of the war, he tween nations, ‘‘the problems involved are Secretary of State, John Foster Dulles, weighed 98 pounds. uniquely federal in nature.’’ Id at 424. Al- James King is one of the plaintiffs in these though the applicable state law mirrored had authority. There isn’t any question federal decisions, the Court was ‘‘constrained that the President of the United States actions against Japanese corporations for forced labor in World War II; his experience, to make it clear that an issue [involving] our who signed the treaty, the Congress and the undisputed injustice he suffered, are relationships with other members of the itself, the U.S. Senate that ratified representative. King and the other plaintiffs international community must be treated that treaty, had its authority. This is seek judicial redress for this injustice. exclusively as an aspect of federal law.’’ Id at 425. by the board what was found 50 years I later by the Netherlands. Let’s find out Under Banco Nacional, federal common law These actions are before the court for con- governs matters concerning the foreign rela- what was found by the United States of solidated pretrial proceedings pursuant to tions of the United States. See Texas Indus, America, its President and its Senate June 5, 2000, and June 15, 2000, orders of Inc v. Radcliffe Materials, Inc, 451 US 630, 641 as constitutionally binding under the transfer by the Judicial Panel on Multidis- (1981). ‘‘In these instances, our federal sys- treaty. trict Litigation. On August 17, 2000, the tem does not permit the controversy to be Let me go back to the letter from court heard oral argument on plaintiffs’ mo- resolved under state law, either because the George P. Shultz: tions for remand to state court and defend- authority and duties of the United States as ants’ motions to dismiss or for judgment on sovereign are intimately involved or because The interests of Allied prisoners of war are the pleadings. the * * * international nature of the con- addressed in Article 16, which provides for This order addresses, first, all pending mo- troversy makes it inappropriate for state law transfer of Japanese assets in neutral or tions for remand. For the reasons stated to control.’’ Id. even me jurisdictions to the International below, the court concludes that notwith- If an examination of the complaint shows Red Cross for distribution to former pris- standing plaintiffs’ attempts to plead only that the plaintiff’s claims necessarily re- oners and their families. state law claims, removal jurisdiction exists quire determinations that will directly and H.R. 1198 challenges these undertakings because these actions raise substantial ques- significantly affect United States foreign re- head on, as it says, ‘‘In any action in a Fed- tions of federal law by implicating the fed- lations, a plaintiff’s state law claims should eral court . . . the court . . . shall not con- eral common law of foreign relations. be removed. Republic of Phillipines v. Marcos, strue section 14(b) of the Treaty of Peace Second, the court addresses the preclusive 806 F2d 344, 352 (2d Cir 1986). This doctrine with Japan as constituting a waiver by the effect of the 1951 Treaty of Peace with Japan has been extended to disputes between pri- United States of claims by nationals of the on a subset of the actions before the court, vate parties that implicate the ‘‘vital eco- United States, including claims by members namely, those brought by plaintiffs who were nomic and sovereign interests’’ of the nation of the United States armed forces, so as to United States or allied soldiers in World War where the parties’ dispute arose. Torres v. preclude the pending action.’’ II captured by Japanese forces and held as Southern Peru Copper Corp, 113 F3d 540, 543 n8 I read further: prisoners of war. The court concludes that (5th Cir 1997). the 1951 treaty constitutes a waiver of such I have read carefully an opinion of Judge The court concludes that the complaints in claims. the instant cases, on their face, implicate Vaughn R. Walker of the U.S. District Court This order does not address the pending in California rendered on July 21, 2000 . . . the federal common law of foreign relations motions to dismiss in cases brought by plain- and, as such, give rise to federal jurisdiction. I ask unanimous consent that the tiffs who were not members of the armed Plaintiffs’ claims arise out of world war and opinion be printed in the RECORD. forces of the United States or its allies. are enmeshed with the momentous policy There being no objection, the mate- Since these plaintiffs are not citizens of choices that arose in the war’s aftermath. rial was ordered to be printed in the countries that are signatories of the 1951 The cases implicate the uniquely federal in- treaty, their claims raise a host of issues not RECORD, as follows: terests of the United States to make peace presented by the Allied POW cases and, and enter treaties with foreign nations. As H.R. 1198—THE JUSTICE FOR U.S. therefore, require further consideration in PRISONERS OF WAR ACT OF 2001 the United States has argued as amicus cu- further proceedings. riae, these cases carry potential to unsettle IN RE WORLD WAR II ERA JAPANESE FORCED II half a century of diplomacy. LABOR, SEPTEMBER 21, 2000, DECISION BY Defendants may remove to federal court After a thorough analysis, Judge Baird in JUDGE VAUGHN R. WALKER, U.S. DISTRICT ‘‘any civil action brought in a State court of the Central District of California denied re- COURT, N.D. CALIFORNIA which the district courts of the United mand in one of the cases now before the un- UNITED STATES DISTRICT COURT, States have original jurisdiction.’’ 28 USC dersigned pursuant to the multidistrict liti- NORTHERN DISTRICT OF CALIFORNIA § 1441(a). ‘‘The propriety of removal thus de- gation transfer order. Poole v. Nippon Steel Master File No MDL–1347. pends on whether the case originally could Corp, No. 00–0189 (CD Cal March 17, 2000). The In Re: World War II Era Japanese Forced have been filed in federal court.’’ Chicago v. court agrees with the analysis and the con- Labor Litigation. International College of Surgeons, 522 US 156, clusion in that case. (In another related case This Document Relates To: 163 (1997). in which remand was granted, Jeong v Onoda

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9229 Cement Co, Ltd, 2000 US Dist LEXIS 7985 (CD Walbrook Ins Co, 132 F3d 526, 529 (9th Cir 1997) wholesale waiver of prospective claims, is Cal May 18, 2000), the court did not consider (citations omitted). not unique. See, for example, Neri v. United the federal common law of foreign relations B States, 204 F2d 867 (2d Cir 1953) (claim barred as a basis for federal jurisdiction.) Judge by broad waiver provision in Treaty of Peace The Treaty of Peace with Japan was signed Baird held: ‘‘[T]his case, on its face, presents with Italy). The waiver provision of Article at San Francisco on September 8, 1951, by substantial issues of federal common law 14(b) is plainly broad enough to encompass the representatives of the United States and dealing with foreign policy and relations. the plaintiffs’ claims in the present litiga- 47 other Allied powers and Japan. Treaty of * * * As such, plaintiffs may not evade this tion. Peace with Japan, [1952] 3 UST 3169, TIAS No Court’s jurisdiction by cloaking their com- 2490 (1951). President Truman, with the ad- C plaints in terms of state law.’’ The motions vice and consent of the Senate, ratified the The court does not find the treaty lan- for remand are DENIED. treaty and it became effective April 28, 1952. guage ambiguous, and therefore its analysis III Id. need go no further. Chan v. Korea Airlines, 490 In addressing the motions to dismiss, the Article 14 provides the terms of Japanese US 122, 134 (1989) (if text of treaty is clear, court refers again to a complaint that is rep- payment ‘‘for the damage and suffering courts ‘‘have no power to insert an amend- resentative of the actions by United States caused by it during the war.’’ Id at Art 14(a). ment.’’). To the extent that Articles 19(b) and Allied POWs, King v. Nippon Steel Corp., For present purposes, the salient features of raises any uncertainty, however, the court No 99–5042. the agreement are: (1) a grant of authority of ‘‘may look beyond the written words to the As noted at the outset of this order, plain- Allied powers to seize Japanese property history of the treaty, the negotiations, and tiff King seeks redress for wrongs inflicted within their jurisdiction at the time of the the practical construction adopted by the by his captors half a century ago. In count treaty’s effective date; (2) an obligation of parties.’’ Air France v. Saks, 470 US 392, 396 one of the complaint, he asserts a claim Japan to assist in the rebuilding of territory (1985). These authorities are voluminous and under California Code of Civil Procedure occupied by Japanese forces during the war therefore of doubtful utility due to the po- § 354.6, a new law that permits an action by and (3) waiver of all ‘‘other claims of the Al- tential for misleading selective citation. a ‘‘prisoner-of-war of the Nazi regime, its al- lied Powers and their nationals arising out Counsel for both sides have proved them- lies or sympathizers’’ to ‘‘recover compensa- of any actions taken by Japan and its na- selves skilled in scouring these documents tion for labor performed as a Second World tionals in the course of the prosecution of for support of their positions, and that both War slave labor victim * * * from any entity the * * *.’’ Id at Art 14(a)-(b) (emphasis sides have succeeded to a certain degree un- or successor in interest thereof, for whom added). derscores the questionable value of such re- that labor was performed * * *.’’ Cal Code It is the waiver provision that defendants sort to drafting history. Nevertheless, the Civ Pro § 354.6. Count two is an unjust enrich- argue bars plaintiffs’ present claims. In its court has conducted its own review of the ment claim in which plaintiff seeks entirety, the provision reads: ‘‘(b) Except as historical materials, and concludes that they disgorgement and restitution of economic otherwise provided in the present Treaty, reinforce the conclusion that the Treaty of benefits derived from his labor. In count the Allied Powers waive all reparations Peace with Japan was intended to bar claims three, plaintiff seeks damages in tort for bat- claims of the Allied Powers, other claims of such as those advanced by plaintiffs in this tery, intentional infliction of emotional dis- the Allied Powers and their nationals arising litigation. tress and unlawful imprisonment. Count four out of any actions taken by Japan and its The official record of treaty negotiations alleges that defendant’s failure to reveal its nationals in the course of the prosecution of establishes that a fundamental goal of the prior exploitation of prisoner labor to the war, and claims if the Allied Powers for agreement was to settle the reparations issue once and for all. As the statement of present-day customers in California and else- direct military costs of occupation.’’ Id at the chief United States negotiator, John where constitutes an unfair business practice Art 14(b). Foster Dulles, makes clear, it was well un- under California Business and Professions On its face, the treaty waives ‘‘all’’ repara- derstood that leaving open the possibility of Code § 17204. tions and ‘‘other claims’’ of the ‘‘nationals’’ future claims would be an unacceptable im- Defendants move pursuant to Federal Rule of Allied powers ‘‘arising out of any actions of Civil Procedure 12(c) for a judgment on pediment to a lasting peace: taken by Japan and its nationals during the ‘‘Reparation is usually the most controver- the pleadings, arguing: (1) plaintiff’s claims course of the prosecution of the war.’’ The are barred by the Treaty of Peace with sial aspect of peacemaking. The present language of this waiver is strikingly broad, peace is no exception. Japan; (2) plaintiff’s claims raise nonjustici- and contains no conditional language or lim- able political questions; (3) the peace treaty, ‘‘On the one hand, there are claims both itations, save for the opening clause refer- vast and just. Japan’s aggression caused tre- the War Claims Act of 1948 and the federal ring to the provisions of the treaty. The in- mendous cost, losses and suffering. * * * government’s plenary authority over foreign terests of Allied prisoners of war are ad- ‘‘On the other hand, to meet these claims, affairs combine to preempt plaintiff’s claims dressed in Article 16, which provides for there stands a Japan presently reduced to and (4) because the complaint alleges inju- transfer of Japanese assets in neutral or four home islands which are unable to ries caused by the Japanese government, enemy jurisdictions to the International produce the food its people need to live, or plaintiff’s claims are barred by the act of Committee of the Red Cross for distribution the raw materials they need to work. * * * state doctrine and the Foreign Sovereign Im- to former prisoners and their families. Id at ‘‘Under these circumstances, if the treaty munities Act. Art 16. The treaty specifically exempts from validated, or kept contingently alive, mone- These arguments, and King’s counter- reparations, furthermore, those Japanese as- tary reparations claims against Japan, her vailing positions, arise in all of the cases be- sets resulting from ‘‘the resumption of trade ordinary commercial credit would vanish, fore the court brought on behalf of Allied and financial relations subsequent to Sep- the incentive of her people would be de- POWs against Japanese corporations. The tember 2, 1945.’’ Id at Art 14(a)(2)(II)(iv). stroyed and they would sink into a misery of court need not address all of them. For the To avoid the preclusive effect of the trea- body and spirit that would make them easy reasons stated below, the court concludes ty, plaintiffs advance an interpretation of prey to exploitation. * * * that plaintiffs’ claims are barred by the Article 14(b) that is strained and, ultimately, ‘‘There would be bitter competition Treaty of Peace with Japan. unconvincing. Although the argument has [among the Allies] for the largest possible A several shades, it comes down to this: the percentage of an illusory pot of gold.’’ A motion for judgment on the pleadings signatories of the treaty did not understand See US Dept of State, Record of Proceedings pursuant to Federal Rule of Civil Procedure the Allied waiver to apply to prisoner of war of the Conference for the Conclusion and Sig- 12(c) is the proper means to challenge the claims because the provision did not ex- nature of the Treaty of Peace with Japan 82– sufficiency of the complaint after an answer pressly identify such claims, in contrast to 83 (1951) (Def Req for Judicial Notice, Exh I). has been filed. Depending on the procedural the corresponding Japanese waiver provision The policy of the United States that Japa- posture of the individual case, some defend- of Article 19. Article 19(b) states that the nese liability for reparations should be ants have filed motions pursuant to FRCP Japanese waiver includes ‘‘any claims and sharply limited was informed by the experi- 12(c) and others have filed motions to dis- debts arising in respect to Japanese pris- ence of six years of United States-led occupa- miss pursuant to FRCP 12(b). The distinction oners of war and civilian internees in the tion of Japan. During the occupation the Su- in the present context is not important. In hands of the Allied Powers * * * .’’ preme Commander of the Allied Powers the Ninth Circuit, the standard by which the That the treaty is more specific in Article (SCAP) for the region, General Douglas Mac- district court must determine Rule 12(c) mo- 19 does not change the plain meaning of the Arthur, confiscated Japanese assets in con- tions is the same as the standard for the language of Article 14. If the language of Ar- junction with the task of managing the eco- more familiar motion to dismiss under rule ticle 14 were ambiguous, plaintiffs’ expressio nomic affairs of the vanquished nation and 12(b)(6): ‘‘A district court will render a judg- unius argument would have more force. But with a view to reparations payments. See ment on the pleadings when the moving plaintiffs cannot identify any ambiguity in SCAP, Reparations: Development of Policy party clearly establishes on the face of the the language of Article 14. to do so would be and Directives (1947). It soon became clear pleadings [and by evidence of which the to inject hidden meaning into straight- that Japan’s financial condition would court takes judicial notice] that no material forward text. render any aggressive reparations plan an issue of fact remains to be resolved and that The treaty by its terms adopts a com- exercise in futility. Meanwhile, the impor- it is entitled to judgment as a matter of prehensive and exclusive settlement plan for tance of a stable, democratic Japan as a bul- law.’’ Enron Oil Trading & Transp Co v. war-related economic injuries which, in its wark to communism in the region increased.

VerDate Mar 15 2010 03:22 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 S9230 CONGRESSIONAL RECORD — SENATE September 10, 2001 At the end of 1948, MacArthur expressed the In another recent example, in response to a 69 (enforcing treaty waiver of reparations view that ‘‘[t]he use of reparations as a letter from Senator Orrin Hatch expressing claims). weapon to retard the reconstruction of a via- ‘‘disappointment’’ with the ‘‘fifty-five year Finally, plaintiffs assert that subsequent ble economy in Japan should be combated old injustice imposed on our military forces settlements between Japan and other treaty with all possible means’’ and ‘‘recommended held as prisoners of war in Japan’’ and urg- signatories on more favorable terms than that the reparations issue be settled finally ing the Secretary of State to take action, a those set forth in the treaty should ‘‘revive’’ and without delay.’’ Memorandum from Gen- State Department representative wrote: plaintiff’s claims under Article 26, which pro- eral Headquarters of SCAP to Department of ‘‘The Treaty of Peace with Japan has, over vides in relevant part: ‘‘Should Japan make the Army (Dec. 14, 1948) at T 8 (Def Req for the past five decades, served to sustain U.S. a * * * war claims settlement with any State Judicial Notice, Exh E). security interests in Asia and to support granting that State greater advantages than That this policy was embodied in the trea- peace and stability in the region. We strong- those provided by the present Treaty, those ty is clear not only from the negotiations ly believe that the U.S. must honor its inter- same advantages shall be extended to the history but also from the Senate Foreign Re- national agreements, including the [treaty]. parties to the present Treaty.’’ Treaty at Art lations Committee report recommending ap- There is, in our view, no justification for the 26. Without deciding whether the evidence proval of the treaty by the Senate. The com- U.S. to attempt to reopen the question of plaintiff cities of other agreements impli- mittee noted, for example: ‘‘Obviously insist- international commitments and obligations cates Article 26, the court finds that that ence upon the payment of reparations in any under the 1951 Treaty in order now to seek a provision confers rights only upon the ‘‘par- proportion commensurate with the claims of more favorable settlement of the issue of ties to the present treaty,’’ i.e., the govern- the injured countries and their nationals Japanese compensation. ment signatories. The question of enforcing would wreck Japan’s economy, dissipate any ‘‘This explanation obviously offers no con- Article 26 is thus for the United States, not credit that it may possess at present, de- solation to the victims of Japanese wartime the plaintiffs, to decide. stroy the initiative of its people, and create aggression. Regrettably, however, it was im- IV misery and chaos in which the seeds of dis- possible when the Treaty was negotiated— content and communism would flourish. In and it remains impossible today, 50 years The Treaty of Peace with Japan, insofar as short, [it] would be contrary to the basic later—to compensate fully for the suffering it barred future claims such as those as- purposes and policy of * * * the United visited upon the victims of the war * * *.’’ serted by plaintiffs in these actions, ex- States * * *.’’ Letter of Jan 18, 2000, from US Dept of State changed full compensation of plaintiffs for a Japanese Peace Treaty and Other Treaties to The Hon Orrin Hatch at 2. future peace. History has vindicated the wis- Relating to Security in the Pacific, S Rep No The conclusion that the 1951 treaty con- dom of that bargain. And while full com- 82–2, 82d Cong, 2d Sess 12 (1952) (Def Req for stitutes a waiver of the instant claims, as pensation for plaintiffs’ hardships, in the Judicial Notice, Exh F). The committee rec- stated above and argued in the brief of the purely economic sense, has been denied these ognized that the treaty provisions ‘‘do not United States as amicus curiae in this case, former prisoners countless other survivors of give a direct right of return to individual carries significant weight. See Kolovrat v. the war, the immeasurable bounty of life for claimants except in the case of those having Oregon, 366 US 187, 194 (1961) (‘‘While courts themselves and their posterity in a free soci- property in Japan,’’ id at 13, and endorsed interpret treaties for themselves, the mean- ety and in a more peaceful world services the the position of the State Department that ing given them by the departments of gov- debt. ‘‘United States nationals, whose claims are ernment particularly charged with their ne- The motions to dismiss and/or for judg- not covered by the treaty provisions * * * gotiation and enforcement is given great ment on the pleadings are GRANTED. The must look for relief to the Congress of the weight.’’); Sullivan v. Kidd, 254 US 425, 442 clerk shall enter judgment in favor of de- United States,’’ id at 14. (1921) (‘‘[T]he construction placed upon the fendants in the above-captioned cases. Indeed, the treaty went into effect against treaty before us and consistently adhered to IT IS SO ORDERED. the backdrop of congressional response to by the Executive Department of the Govern- Vaughn R. Walker, the need for compensation for former pris- ment, charged with the supervision of our United States District Judge. oners of war, in which many, if not all, of the foreign relations, should be given much Mr. HOLLINGS. Quoting, again, from plaintiffs in the present cases participated. weight.’’). The government’s position also the letter: See War Claims Act of 1948, 50 USC §§ 2001– comports entirely with the court’s own anal- I have read carefully an opinion of Judge 2017p (establishing War Claims Commission ysis of the treaty and its history. and assigning top priority to claims of Vaughn R. Walker of the U.S. District Court Plaintiffs raise several additional argu- in California rendered on September 21, 2000, former prisoners of war). ments that bear only brief mention. First is Were the text of the treaty to leave any dealing with claims, many of a heart-rending the characterization of these claims as not nature. His reasoning and his citations are doubt that it waived claims such as those ad- arising out of the ‘‘prosecution of the war,’’ vanced by plaintiffs in these cases, the his- incisive and persuasive to me. He writes, as that phrase is used in the treaty. Plain- ‘‘The cases implicate the uniquely federal in- tory of the Allied experience in post-war tiffs attempt to cast their claims as involv- Japan, the drafting history of the treaty and terests of the United States to make peace ing controversies between private parties. and enter treaties with foreign nations. As the ratification debate would resolve it in It is particularly far-fetched to attempt to the United States has argued as amicus cu- favor of a finding of waiver. distinguish between the conduct of Imperial riae, there cases carry potential to unsettle D Japan during the Second World War and the half a century of diplomacy.’’ Just as Judge major industry that was the engine of its As one might expect, considering the ac- Walker ruled against claims not compatible war machine. The lack of any sustainable knowledged inadequacy of compensation for with the Treaty, I urge that Congress should distinction is apparent from the complaints victims of the Japanese regime provided take no action that would, in effect, abro- in these cases. For example, the King com- under the treaty, the issue of additional rep- gate the Treaty. plaint alleges that a class of war prisoners arations has arisen repeatedly since the The chief negotiator of the Treaty on be- were forced to work ‘‘in support of the Japa- adoption of that agreement some 50 years half of President Truman was the clear-eyed nese war effort,’’ Compl T 56, and pursuant to ago. This is all the more understandable in and tough-minded John Foster Dulles, who a directive from the Japanese government light of the vigor with which the Japanese later became Secretary of State for Presi- that the ‘‘labor and technical skill’ ’’ of pris- economy has rebounded from the abyss. dent Eisenhower. He and other giants from The court finds it significant, as further oners of war ‘‘be fully utilized for the replen- the post World War II period saw the folly of support for the conclusion that the treaty ishment of production, and contribution ren- what happened after World War I, when a bars plaintiffs’ claims, that the United dered toward the prosecution of the Greater vindictive peace treaty, that called upon the States, through State Department officials, East Asiatic War,’ ’’ id at T 30. Furthermore, defeated states to pay huge reparations, has stood firmly by the principle of finality the complaint asserts that plaintiff worked helped lead to World War II. They chose oth- embodied in the treaty. This position was ex- in a factory ‘‘where motor armatures were erwise: to do everything possible to cause pressed in recent congressional testimony by manufactured for the war effort.’’ Id at T 35. Germany and Japan to become democratic Ronald J. Bettauer, deputy legal advisor, as These allegations quite clearly bring this ac- partners and, as the Cold War with the So- follows: ‘‘The 1951 Treaty of Peace with tion within the scope of the treaty’s waiver viet Union emerged, allies in that struggle. Japan settles all war-related claims of the of all claims ‘‘arising out of any actions As Judge Walker notes in his opinion, ‘‘the U.S. and its nationals, and precludes the pos- taken by Japan and its nationals in the importance of a stable, democratic Japan as sibility of taking legal action in United course of the prosecution of the war.’’ Treaty a bulwark to communism in the region in- States domestic courts to obtain additional at Art 14(b). creased.’’ He says, ‘‘that this policy was em- Plaintiffs also argue that waiver of plain- compensation for war victims from Japan or bodied in the Treaty is clear not only from tiffs’ claims renders the treaty unconstitu- its nationals—including Japanese commer- the negotiations history, but also from the tional and invalid under international law. cial enterprises.’’ Senate Foreign Relations Committee report POW Survivors of the Bataan Death This position is contrary to the well-settled recommending approval of the Treaty by the March, Hearing before the Senate Com- principle that the government may lawfully Senate . . . and history has vindicated the mittee on the Judiciary (June 28, 2000) exercise its ‘‘sovereign authority to settle wisdom of that bargain.’’ (statement of Ronald J Bettauer, United the claims of its nationals against foreign States Department of State) (Def Req for Ju- countries.’’ Dames & Moore v. Regan, 453 US This is George P. Shultz, and I quote dicial Notice, Exh P). 654, 679–80 (1981); See also Neri, 204 F2d at 868– further:

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9231 I served during World War II as a Marine in from South Carolina and the Senator come from a judge, I have never heard the Pacific. I took part in combat oper- from New Hampshire. one. Here it is again: ations. I had friends—friends close to me— Mr. HOLLINGS. Let me ask—my dis- The immeasurable bounty of life for them- friendships derived from the closeness that tinguished colleague from New Hamp- selves [POWs] and their posterity in a free comes from taking part in combat together, society services the debt. killed practically beside me. I do not exag- shire, I am sure, will say a word to ex- gerate at all in saying that the people who tend the time. My understanding in the It is true under the War Claims Act suffered the most are the ones who did not agreement was that it was 3:15. POWs could receive minimal com- make it at all. I have always supported the I just say that the distinguished Sen- pensation—a dollar a day—for their best of treatment for our veterans, especially ator’s amendment is clear. It says, claims against the acts of powers. They those who were involved in combat. If they look, Mr. Secretary of State, Mr. At- could not be compensated for claims are not being adequately taken care of, we torney General of the Justice Depart- against private corporations and na- should always be ready to do more. ment, you shall not defend the U.S. po- tionals who were not agents. If you have fought in combat, you know I want to make it clear to my col- the horrors of war and the destructive im- sition. Now, come on. If there is a dis- pact it can have on decent people. You also pute—and there obviously is—with the leagues that a treaty that is signed be- know how fragile your own life is. I recall Senator’s amendment with respect to tween the United States and another being the senior Marine on a ship full of Ma- the right of these veterans, then let it government that says that a U.S. cit- rines on our way back from the Pacific The- be determined with a comprehensive izen cannot sue another U.S. citizen— ater after 3 years overseas. We all knew that review, with all the documents and ev- excuse me, another citizen in a foreign we would reassemble into assorted forces for erything else in a court of law. This country without due process—it is the invasion of the Japanese home islands. doesn’t prevent the veterans from mov- wrong. You can’t do that. As Marines, we knew all about the bloody in- You cannot deny due process. John vasion of Tarawa, the Palaus, Okinawa, Iwo ing forward, but it certainly prevents the United States of America, through Foster Dulles realized it when they Jima, and many other Islands. So we knew wrote the side agreement and they what the invasion of the Japanese home is- its Department of Justice and Depart- lands would be like. ment of State, from defending the posi- wrote this memorandum of under- Not long after we left port, an atomic tion of the United States under this standing and then buried it. They clas- bomb was dropped on Japan. None of us knew particular treaty. sified it. Senator INOUYE and others what that was, but we sensed it must be im- The distinguished Senator from New have pointed out what article 14(b) portant since the event was newsworthy Hampshire could well say, wait a says. I read it, and I agree. If article enough to get to our ships at sea. Then we minute, here is this information that 14(b) is read alone without knowing heard of a second one. Before our ship any other background, then one could reached the States, the war was over. has come to light 50 years later. I have visited Japan a number of times and Whether that has an effect or not is to make the case these folks should not I have been exposed to Hiroshima and Naga- be determined. No rights have been have that opportunity to proceed. saki. Civilians there were caught up in the taken away from my veteran friend This is right out of the memorandum of understanding, and this was par- war. I am sympathetic toward them. I have here who might stand at my side and heard a lot of criticism of President Truman tially written by Dulles himself: say, HOLLINGS, I want you to bring the for dropping those bombs, but everyone on case. Nothing prevents the case from Following the conversation of September 3, that ship was convinced that President Tru- 1951, between the Secretary of the Dutch man saved our lives. Yes, war is terrible, but being brought. But this amendment Foreign Ministry . . . Dutch Ambassador, the treaty brought it to an end. says no one defends this particular and others, we emphasize that the purpose of I can divert and express those same treaty. The Senate, which ratified the this statement was not to obligate the Japa- sentiments. I didn’t get back until No- treaty, doesn’t want to take the posi- nese actually to pay out any money to the vember. He is talking about August tion that its ratification cannot even claimants. He realized fully this was an un- be commented on by this particular likely possibility. He emphasized, however, when those bombs were dropped in 1945. the statement he had made to the Secretary But there is no question that President amendment because all funds are re- moved, no motion can be made, no de- the day before that the Dutch Government Truman was the hero for dropping was faced with a difficult legal problem; those bombs. But under the Inter- fense can be made. On that basis alone, namely, without a proper interpretation national Criminal Court, somebody I will support the Senator from Hawaii agreed to by the Japanese, it would appear could try to file a claim 50 years later in his opposition and commend him the Dutch Government was, by the act of that he was a war criminal. A kind of again for his courage, and I commend signing the Japanese peace treaty, giving up thinking that is going on today is that my friend from New Hampshire for without due process rights held by Dutch subjects. this is politically correct. I will resume raising this particular question be- reading the letter from George P. cause it is a serious one, but it ought That is the same issue with the Shultz: to be discussed in a court of law and United States, and Dulles realized it. The Bill would fundamentally abrogate a both sides heard fully, without saying You cannot sign a treaty that says we central provision of a 50 year old treaty, re- one particular side can’t be defended at have no due process against another versing a longstanding foreign policy stance. all. citizen in another country. You simply The Treaty signed in San Francisco nearly 50 I yield the floor. cannot do it. years ago and involving 49 nations could un- The PRESIDING OFFICER. The Sen- Talk about sticking to the Constitu- ravel. A dangerous legal precedent would be ator from New Hampshire. tion and defending the Constitution. set. Mr. SMITH of New Hampshire. Mr. That is exactly what I am doing, and Once again, I would say to you, where we President, I wish to respond briefly to that is exactly what John Foster Dul- have veterans, especially veterans of combat a couple of the points my colleague who are not being adequately supported, we les and others were doing because they must step up to their problems without hesi- from South Carolina made. The argu- realized article 14(b) was wrong. Then tation. But let us not unravel confidence in ment that our former POWs have al- in an effort to cover it all up to satisfy the commitment of the United States to a ready been compensated under the War the Dutch, he buried it. He classified it Treaty properly negotiated and solemnly Claims Act and 1951 peace treaty is ri- and kept it classified for 50 years to ratified with the advice and consent of the diculous, to be candid about it. POWs keep these people from having the United States Senate. who were enslaved by private Japanese right to go to court. That is what he I submit this letter to you and other mem- corporations received next to nothing did. That is what the U.S. Government bers of the House of Representatives with my deep respect for the wisdom of the congres- in compensation. Many POWs received did. That is wrong, and we need to cor- sional process, and for the vision embodied nothing—nothing, zippo. rect it. We can correct it right here in the past World War II policies that have A Federal judge who dismissed many today. served our country and the world so well. of the lawsuits wrote in his opinion— We cannot say we are not defending Sincerely yours, listen to this: the Constitution. We are not only de- GEORGE P. SHULTZ. The immeasurable bounty of life for them- fending the Constitution, we are de- The PRESIDING OFFICER. The time selves and their posterity in a free society fending the rights of individuals who of the Senator has expired. The time services the debt. live under this Constitution to have between now and 3:15 was to have been That is what he said. If that is not a due process. That is what we are doing, equally divided between the Senator ridiculous statement, even if it did and that is what this debate is about.

VerDate Mar 15 2010 03:22 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 S9232 CONGRESSIONAL RECORD — SENATE September 10, 2001 I yield the floor, Mr. President. Mr. BYRD. Mr. President, during The bill authorizes the Department Mrs. FEINSTEIN. Mr. President, I World War II, 36,000 Americans were of Veterans Affairs to pay $20,000 to rise to express my opposition to the captured and held prisoner by Japan. former prisoners, or their surviving Smith Amendment to the Commerce- The story of the often horrific treat- spouses, who were forced to perform Justice-State Authorization. ment of these prisoners is punctuated slave labor while held by Japan. Such a I do not do so because I think that by episodes such as the Bataan Death proposal would allow those veterans to the lawsuits filed against the Japanese March, where ten Americans lost their receive the compensation they seek, corporations by the former Prisoners of lives for every mile of the gruesome without challenging the legal status of War who were used as slave labor dur- journey, and by the pictures of the a ratified treaty. There may be other ing World War II should not go for- emaciated soldiers who spent years in proposals to compensate the veterans ward—just the opposite—but because I confinement on starvation rations. I in question as well. believe that this Amendment takes the cannot think of any way in which we, We must also consider how other wrong approach to this issue. as a nation, could begin to repay the countries would react to an action by I strongly support the right of the men who suffered through such abhor- Congress that would question our Na- POWs to file lawsuits against the Japa- rent treatment. tion’s adherence to a 50-year-old treaty nese corporations. The POWs and vet- The amendment before us today, of- with one of our closest allies. Already erans are only seeking justice from the fered by Senator SMITH and Senator this year, the United States has shown private companies that enslaved them, HARKIN, however, puts in jeopardy con- an alarming tendency toward and these claims should be allowed to stitutional principles that each mem- unilateralism in regard to a number of move forward. ber of the Armed Forces, and each international agreements: the Kyoto member of this body, swore to uphold. In fact, Senator HATCH and I intro- Protocol, the Anti-Ballistic Missile The amendment would prevent the De- duced legislation earlier this year, S. Treaty, the International Criminal partment of State and the Department 1272, the POW Assistance Act of 2001, Court, the Biological Weapons Conven- of Justice from defending the U.S. Gov- precisely because I believe that it is tion, and the U.N. convention on small ernment in court against lawsuits that important for those POWs who were arms. A move to reverse a major provi- used as slave labor during World War II challenge whether provisions in the Treaty of San Francisco will continue sion of such a longstanding peace trea- to have their day in court, and an op- ty would be an disconcerting confirma- portunity to press their claims for re- to be in force as the law of the land. The treaty, which brought peace be- tion, and escalation, of this trend. This muneration and compensation. tween Japan, the United States, and is a particularly inopportune time to There are serious questions about our Allies in World War II, explicitly raise further questions about our Na- whether the 1951 Treaty between Japan settled all wartime reparations claims tion’s ability to cooperate with other and the United States has settled these that might arise against Japan. The countries. claims, and these questions should be text of the peace treaty is very clear in I urge my colleagues not to view the dealt with seriously. But as these law- this regard. Because, under Article VI vote on the Smith-Harkin amendment suits go forward, I do not think that it of the Constitution, a ratified treaty is as an up-or-down vote on our veterans. is right and proper to enjoin the De- the supreme law of the land, it is There are serious constitutional and partment of State and the Department equally clear that this treaty prohibits foreign policy issues at stake, and of Justice from offering the court their the Government of the United States, other means to compensate these vet- opinion on the meaning and interpreta- or its people, from seeking further rep- erans have not yet been exhausted. We tion of the 1951 Treaty. That opinion— arations from the Government of should take a closer look at alternative which may ultimately be determined Japan, or its people. This is the posi- means of compensation, and reject this to be incorrect—is a perfectly legiti- tion that the Department of State and attempt to tie the hands of our govern- mate part of the proceedings. the Department of Justice have main- ment in discharging its constitutional I strongly support the right of the tained since ratification of the treaty duty to defend a ratified treaty. POWs to seek justice. This is a matter in 1952. The PRESIDING OFFICER (Mr. that belongs before the courts. But I do The amendment before us would pro- WYDEN). The Senator from Hawaii. not think that the Smith Amendment hibit those departments from arguing Mr. INOUYE. Mr. President, I ask is the right way to go, and I urge my in court against lawsuits that violate unanimous consent that the Senator colleague to oppose its passage. the peace treaty. It would prevent the from Nebraska be given 10 extra min- Mr. NELSON of Florida. Mr. Presi- U.S. Government from upholding a su- utes to present his statement. dent, I want to express my support for preme law of our land. It would pro- The PRESIDING OFFICER. Without amendment No. 1538 of Senators SMITH hibit our government from acting in a objection, it is so ordered. The Senator and HARKIN regarding American POWs responsible manner in support of our from Nebraska. held in Japan. I do so with much re- international obligations. It would stop Mr. HAGEL. Mr. President, I thank spect for those who have served and the executive branch from taking ac- my friend, the distinguished senior suffered horrible treatment as a result tion on this issue, which affects our Senator from Hawaii, who is, as we of their service. I was traveling with foreign policy. I cannot support an have heard today, one of the most dis- President Bush in Florida when the amendment that challenges so many of tinguished veterans of World War II, as vote occurred, but had I been present, I our basic constitutional principles on is his colleague, the distinguished Sen- would have voted ‘‘nay’’ to the motion the importance of treaties and the con- ator from South Carolina. to table the amendment. duct of foreign policy. I am a bit of an interloper on this We do have an international treaty This is not to say that our veterans issue, except to say my father spent 3 with Japan to which we are bound. But, who were held prisoner by Japan must years in the South Pacific during this amendment is not about what the be denied compensation or restitution World War II in the Army Air Corps. So Treaty signed 50 years ago does or does for the inhumane treatment they suf- I know some of what my distinguished not allow. It is about due process to fered. Those veterans were eligible for colleagues are talking. those Americans who suffered a griev- compensation distributed by the U.S. I am most appreciative of the efforts ous wrong. The point is that these Government under the War Claims Act and the motives of the distinguished brave Americans be allowed their day of 1948. The proponents of the amend- Senator from New Hampshire, Mr. in court to have their case heard. Ac- ment before us may believe that com- SMITH. I know of his father’s great sac- tions by the Departments of Justice pensation was not sufficient, which rifice during World War II, meaning and State to block such actions deprive may be true. There are other ways to the sacrifice Senator SMITH’s family them of fairness and due process. Con- compensate our veterans that do not made to this country. I do not tread gress should not be a party to such dep- tread upon constitutional principles. upon this subject lightly. rivations. One proposal is in the Fiscal Year 2002 I rise to oppose this amendment. The I support the Smith-Harkin amend- Defense Authorization bill, as reported Senator from South Carolina and the ment and wish to be on record as op- by the Armed Services Committee last Senator from Hawaii have made very posed to the motion to table it. Friday. significant, substantive points as to

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9233 why it is the wrong course of action, in toric and principled decision in the our treaty obligations. Under the War the opinion of some, including this aftermath of this terrible conflict. Our Claims Act of 1948, and its 1952 amend- Senator from Nebraska. peace treaty with Japan was not puni- ment, the United States Government I will say first, there is surely no way tive. Although the United States had took all responsibility for compen- a grateful nation can ever adequately defeated a brutal enemy, we chose not sating World War II prisoners of war. compensate or express our feelings to to claim the spoils of war. Instead, the Our prisoners of war received some those brave men and women who gave peace treaty with Japan reflected the compensation in the decade following so much to this country, who were the great humanity, vision, spirit and gen- World War II. Senators BINGAMAN and subjects of the slave labor camps, the erosity of the American people. Re- HATCH introduced legislation, S. 1302, forced marches, the unspeakable bru- ferred to at the time as a ‘‘Peace of early last month to provide $20,000 to tality, except this: We should put some Reconciliation,’’ it looked forward to each veteran or civilian internee, or of this in some perspective. What, in- Japan’s economic recovery and not their surviving spouses. deed, was it that these brave men and backward to its defeat. Most impor- The last Congress, the 106th Con- women fought and endured for? It was tant, it reflected the new stirrings of a gress, enacted Senate Concurrent Reso- freedom. It was the liberty for a na- great and magnanimous superpower. lution 158 calling on the Secretary of tion, an individual, to have the kind of In 1945, most Americans felt the State to facilitate discussions between life and dignity for which America has terms of surrender with Japan were too American prisoners of war forced into stood for over 200 years. That is what it lenient. By 1951, most Americans began slave labor during World War II and the was about. to see Japan in a very different light— Japanese companies that benefitted How do we compensate, how do we as a potential friend and ally in East from their enslavement. The issue of adequately thank these men and Asia, not as an implacable foe. When forced and slave labor has been raised women? We cannot, of course, but we John Foster Dulles negotiated our gen- with the Japanese government at a va- should remember this: What they erous peace with Japan, waiving all riety of levels by our State Depart- fought for, what they endured, can be, reparation claims, the American public ment. The recent decision by Germany in fact, recognized by knowing and un- supported the treaty, and the Senate to compensate slave and forced labor- derstanding that the greatest legacy ratified it with a lopsided majority, 66– ers during World War II may provide a any of us can leave in life is a family, 10, on March 20, 1952. The United States model on this issue. the world better than we found it, and has stood behind this decision for 50 Japan and the United States com- accomplishing something much greater years. Last Saturday, on September 8, memorated the 50th anniversary of the than our own self-interests. That is the Secretary of State Powell and Japa- Treaty of San Francisco over the week- most important dynamic for me as I nese Foreign Minister Tanaka com- end. The treaty underpins and supports have listened to this debate and as I memorated the 50th anniversary of the the United States security structure in have read the reasons and listened to Treaty of San Francisco at San Fran- East Asia, and forms the basis of our the reasons that Senator SMITH has put cisco’s War Memorial Opera House, and friendship with Japan. Treaty commit- forward to essentially change our trea- formally renewed the strategic part- ments and symbolism are important. ty obligations. nership between the United States and We should not risk our reputation as a Make no mistake. This is a very sig- Japan. This relationship stands as one reliable treaty partner by unilaterally nificant step that this body, this Con- of this country’s most important—a tie reinterpreting an important provision gress, this Nation will take if, in fact, of friendship and common interest that of this treaty that has stood for 50 we vote for this amendment. Great na- will grow stronger and become increas- years. Great nations are consistent. We tions honor their treaty commitments. ingly important to our strategic inter- should act appropriately. Treaty commitments are important, est in East Asia and the world in the I will oppose this amendment. and we can debate the specifics of sec- coming decades. Once again, I ask my colleagues to tions and paragraphs of law and trea- Senate amendment No. 1157, which pay careful attention to this amend- ties, and as has been articulated rather has been offered today, would prevent ment, and in the next couple of hours, directly and plainly this afternoon, the State and Justice Departments if you are not aware of what this there are various interpretations of from stating our San Francisco Treaty amendment does, please make yourself that. But we should make it very clear obligations in court. This action is not aware of it because if we vote for this that this great Nation will, in fact, live insignificant. It would hamper the amendment, it will be about much big- up to its commitments of our treaties, President’s ability to conduct United ger things than the specific point of a commitment that we made 50 years States foreign policy, and it would vio- this amendment. I do not believe that ago when that treaty was signed in San late the spirit, and likely the letter, of is in the best interests of our country, Francisco, which was, as expressed one of the most significant treaties of the best interests of the world, and, here, commemorated last weekend. It the 20th century. This would set a dan- quite honestly, the best interests of the is a 50-year treaty. gerous precedent. While many of my Was it awkward? Was it done not ex- distinguished colleagues may no longer very families and the legacies these actly the right way? Were parts of that agree with the decision made by the brave men and women will leave be- treaty misclassified? Why did we clas- United States in 1951, it still stands as hind and what they endured for us. sify some of it in the way we did? I sup- a treaty obligation and the official I ask my colleagues to oppose this pose we could take days, weeks, and United States position in U.S. court amendment as we vote this afternoon months debating that, but that is part cases. We are a nation that upholds the and once again recognize the Senator of a smaller issue. The bigger issue rule of law and honors its treaty com- from New Hampshire for his motives, really, in fact, is: Are we, in fact, going mitments. for his intent, but in this Senator’s to unilaterally reinterpret the commit- How then should we honor and fairly opinion it is the wrong approach to ac- ment we gave to 48 other nations that compensate the Americans who suf- complish something that is important. signed this treaty 50 years ago? That is fered grievously as slave or forced I thank the Chair. I yield the floor. really the issue. labor in World War II without violating The PRESIDING OFFICER. The Sen- American prisoners of war forced our long-held treaty obligation with ator from South Carolina. into slave labor by Japan during World Japan? Two of our World War II allies, Mr. HOLLINGS. I believe there is no War II suffered unspeakable brutality, Canada and the United Kingdom, re- further statement to be made with re- and their treatment by Japanese over- cently provided compensation to their spect to the Smith amendment and seers violated every standard of human prisoners of war—recognizing that that now the unanimous consent agree- decency. Their sacrifice and heroism Japan has no obligation to do so under ment takes place whereby the distin- now forms one of the most distin- the Treaty of San Francisco. This is a guished Senator from North Dakota guished chapters in American history. model that we might consider using for will ask to set the Smith amendment While we must not forget these the surviving American prisoners of aside, to be brought up at 5 p.m. with Americans who suffered so greatly, we war who suffered as Japanese slaves or the time equally divided between 5 also must not forget our country’s his- forced laborers, without undermining p.m. and 5:30 p.m., and the vote to

VerDate Mar 15 2010 03:22 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 S9234 CONGRESSIONAL RECORD — SENATE September 10, 2001 occur at 5:30 p.m. Until then, the agree- We just negotiated a new bilateral Do you know what happens when you ment is the Senator from North Da- agreement with China. Nobody seems try to send potato flakes to Korea? kota will be recognized for him to offer to ever care whether the other country They impose a 300-percent tariff on po- an amendment. complies with its half of the bargain. tato flakes. Outrageous. And we have a The PRESIDING OFFICER. The Sen- With respect to China, we used to huge deficit with Korea. ator from North Dakota. have 10 people monitoring trade with How about with Mexico? We have a AMENDMENT NO. 1542 China. Now we have seven, at a time very large deficit with Mexico. Inciden- Mr. DORGAN. Mr. President, thank when our trade deficit with China is $84 tally, before NAFTA we had a tiny sur- you and I thank the Senator from billion. plus, and then we passed a trade agree- South Carolina. How about Japan? With Japan, we ment and turned it into a huge deficit. I actually have two amendments. I have an $81 billion trade deficit. In We try to send high fructose corn syrup will talk about the first, offer the 1992, we had 17 people monitoring trade to Mexico, and they put the equivalent amendment following my discussion of with Japan with respect to trade en- of a 33- to a 73-percent tariff on it. it, and then ask that it be set aside by forcement. In 2000, it was seven. So we The fact is, this country does not consent and offer the second amend- went from 17 people down to 7 people stand up for its economic interests. ment. monitoring trade agreements with Too many people in this country do not I will take a moment to begin dis- Japan. Is that moving in the right di- seem to care. This burgeoning trade cussing the first amendment. The first rection, with a country that has an $81 deficit will make a difference. It will be amendment is an amendment to in- billion trade surplus with us or we a repaid someday in some way by a lower crease the amount of resources we are deficit with them? I do not think so. standard of living in this country. We putting in this appropriations bill to With respect to Canada and Mexico, ought to get it under control now. We deal with trade compliance and trade the number of trade monitors has gone ought to do it by insisting on other enforcement. The area of international from 33 to 13 people. Our ballooning countries owning up to the trade agree- trade is a very important area, and we deficit with both Canada and Mexico ments they have reached with us and are losing a lot of ground despite what continues to increase. We used to have by insisting in this country that our one hears from some in Washington, 33 people monitoring trade compliance own trade negotiators begin to nego- DC. and trade enforcement with Mexico and tiate trade agreements they do not lose I will put up a chart which shows the Canada. Last year, we had only 13. in the first week of the discussion. trade deficits we now have. This chart The Senator from South Carolina has What am I proposing? I am proposing shows the ballooning trade deficits brought a bill that moves in the right that we reverse the trend we have re- year after year after year. These are direction. It is the right step. It in- garding a reduction in the number of the merchandise trade deficits. They creases these areas. I propose to fur- people enforcing our trade agreements have risen from $132 billion a year in ther increase them to the point where and monitoring compliance of these 1993 to over $450 billion a year in 2000, we have a more robust ability to en- agreements. As I mentioned, this num- and will likely to go even higher in the force and monitor these trade agree- ber has gone from 10 people monitoring year 2001. ments. My amendment proposes to add China down to 7 people; from 17 people Our trade deficits are out of control. $10 million for these activities. This is monitoring Japan down to 7 people; They are growing larger and larger and less than the $30 million that the Sen- from 33 people monitoring Canada and larger. Now this trade deficit comes ate Budget Resolution called for, but Mexico to 13 people. I am suggesting we from the following sources: In the year it’s a step in the right direction. I will reverse that trend. 2000, we had an $81 billion trade deficit state where I want to get the money, How do we reverse it? By adding $10 with Japan; an $84 billion trade deficit but first let me continue on this trade million as a first step back to this ap- with China; a $56 billion trade deficit issue and why it is important. propriations bill. How would I get the with the European Union; a $50 billion I spoke last week about international money to do that? To get the money to trade deficit with Canada; and a $24 bil- trade and why I get so upset about it enforce our trade laws, I propose we lion trade deficit with Mexico. Many of from time to time. I mentioned in the cut funding for something called TV our trading partners, as we all know, area of trade, we have problems with Marti. TV Marti, boy, that will spark have a very poor record of complying China, Japan, Korea, Europe, Mexico, some interest among some. Let me de- with trade agreements. Canada. I mentioned we have nearly scribe what TV Marti is. This red book, which my colleague 570,000 motor vehicles coming into this TV Marti is the basis by which we from South Carolina frequently holds country from Korea every year. Do you broadcast television signals into Cuba up in debate, is a book called ‘‘Foreign know how many vehicles we send to to tell the Cubans the truth. The Cu- Trade Barriers.’’ It is a rather thick Korea? A little more than seventeen bans need to know the truth. They can book that describes all of the trade hundred. Think of that. get a lot of Miami radio stations and barriers American producers and work- Today in Canada, they are loading from Radio Marti. I support Radio ers confront when trying to send Amer- molasses with Brazilian sugar. It is Marti. It costs $14 or $15 million a year. ican products abroad. called stuffed molasses. Do you know Having been in Cuba, I understand the Let us talk for a moment about what it is? It is a scheme. It is a fraud Cubans listen to and appreciate the China, Japan, Canada, and Mexico. Do in international trade. Stuffed molas- broadcasts. Good for Radio Marti. you know that the number of people at ses is a way to artificially take Bra- Count me as a supporter. the Department of Commerce who are zilian sugar and move it from Canada But nobody sees TV Marti. Each year monitoring our trade with China has into this country in contravention of we spend lots of money on TV Marti, declined from 10 to 7 people between our trade agreement. Does anybody despite the fact that it is absurd to do 1994 and the year 2000? We used to have care much about it? No, not much. so. Here is the television picture seen 10 people monitoring our trade with China, I could go forever on China. on TV Marti in Havana. Does it look China; last year we had only 7. Japan, the same thing. I could talk for- like snow and only snow? It does, be- What do we have with China? An $84 ever about the trade impediments and cause it is jammed. The signal does not billion trade deficit. In 1992, China the barriers to try to get American get through. It is a jammed signal. agreed to eliminate import licenses. products into those countries or to We spend a substantial amount of Shortly after that agreement was stop unfairly subsidized products from money, about $10 million a year, on TV signed, Beijing announced a new series those countries coming into our coun- Marti. TV Marti has 55 employees, of import registration requirements try. broadcasting 41⁄2 hours a day, from 3:30 that covered many of the same prod- I come from a State where we a.m.—yes, that is right, 3:30 a.m.—until ucts. They have reneged on commit- produce wonderful potatoes up in the about 8 a.m. We broadcast a jammed ments to make public the rules and Red River Valley. We produce a lot of signal, 41⁄2 hours a day, starting at 3:30 regulations affecting foreign trade and potatoes. Some are turned into potato a.m. We spend $10 million a year to investment. But that is just an exam- flakes which are used in fast food. Try broadcast a signal no one can see. That ple of how we negotiate agreements. to send potato flakes to South Korea. is what we do as taxpayers. Is that a

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9235 good deal? I don’t think so. I think we ber 1999 to October 2000 because it lost Cuba is a country that, in my judg- ought to cut that and use the money to its transmission balloon in a storm. ment, needs a new government; its peo- enhance our compliance in the area of Fat Albert got lost in a storm and they ple deserve a new government. The ap- international trade. did not broadcast for an entire year. proach that we use to deal with it To make the rest of the case, I will But they continued to operate at TV ought not be an approach that wastes describe more about TV Marti. As I Marti at $27,000 a day. American taxpayers’ money. It ought said, I fully support Radio Marti. I This was not the first time that a Fat to be an approach that is effective, in- know it is effective. TV Marti, on the Albert-type balloon had problems at vesting in the things that can help us other hand, is a total, colossal waste of Cudjoe Key. In the early 1990s, a Fat give the Cuban people some assistance. the taxpayers’ money, providing no Albert balloon broke from its cable and Radio Marti does that. TV Marti does picture to anyone, and does so at 3:30 in landed in the Everglades 70 miles away not. the morning. where it was recovered by a team with I hope that if we decide to abandon a Last year, we spent $10.8 million a helicopter. And a balloon like Fat Al- failed policy, we do not get into a de- beaming TV Marti to Cuba, where the bert escaped in 1981—before TV Marti bate about this failed policy somehow viewership was approximately zero. started, of course—and local fishermen giving comfort to Fidel Castro. It does Since the inception, we have spent caught it and tethered it to the bow of not make any sense to me. about $150 million of taxpayers’ money the boat. As the sun warmed up the In 1991 and 1994, the President’s Task Force on U.S. Government Inter- on TV Marti. We continue to broadcast blimp, it started to rise higher and national Broadcasting found there was 41⁄2 hours a day—311⁄2 hours a week— higher and actually lifted the fishing not enough of an audience for TV Marti from 3:30 a.m. until 8 a.m. What we boat out of the water and the poor to continue funding it. That was nearly broadcast are fuzzy lines, as I indicated folks in the fishing boat had to dive off a decade ago when that judgment was before. TV Marti’s broadcast to Cuba the boat. So much for Fat Albert and made. A decade later we are still doing has been consistently jammed to the so much for tethered balloons. it. In 1994, it was concluded it was public. No one can view the programs. That is how we broadcast a blocked pointless and wasteful to continue TV To lessen the effects of jamming, the signal to Cuba. We have an aerostat Marti’s operations unless the viewing TV Marti signal is randomly shifted balloon, Fat Albert, broadcasting a audience could be substantially ex- east and west of Havana during broad- jammed signal to Havana, Cuba, at 3:30 panded. The viewing audience in 2001 is cast hours. Those who want to watch a in the morning so people with a tele- about the same as it was in 1994, nearly snowy jammed signal that one cannot vision set are unable to see a picture. zero. see have to catch it as a signal that And this is paid for with U.S. tax- It is time, in my judgment, long past moves around Havana somewhere be- payers’ funds. the time, to use these funds in a more tween 3:30 in the morning and 8 a.m. One might be able to ask the ques- effective way. We should pursue a pub- TV Marti is seen by those who would tion with a straight face, is this good lic policy that will strengthen the visit the visa department at our Inter- public policy? Does it serve the tax- United States and help it with respect est Section in Havana where they play payers interests? With Radio Marti, to its problems in international trade. videotapes of the program. Thus, it the answer to that would be yes. Radio So that is my proposal. As I indi- reaches those who have already decided Marti works. The signal gets through cated, I know it will be controversial they want to leave Cuba. We have plen- to Cuba and people listen to it. I think for some, not perhaps because I want to ty of evidence there are people who it is an effective piece of public policy. invest more in making sure we better want to leave Cuba. I don’t know that TV Marti has been supported, not- enforce our trade law and have people we have to tell the Cubans the dif- withstanding the fact it does not work, monitoring its compliance with respect ference between living in the United by this Congress year after year be- to other countries. It will be controver- States and in Cuba. People living in cause even waste has a constituency. sial because I propose abolishing the Cuba understand what is happening in No more, in my judgment. $10 million of funding for TV Marti. Cuba. Let Congress, where we are wasting Again, let me say almost everyone Let me talk about the question of money, stop wasting money and invest will concede that virtually no one in whether we want to spend money on that money in something that is im- Cuba sees the signals of TV Marti. As I something that is not effective. We portant for this country. In this case, mentioned before, Radio Marti is effec- broadcast TV Marti through an an- we have a crying need to better enforce tive, but TV Marti is a colossal and tenna and a transmitter mounted on a our trade laws and make sure that tragic waste of taxpayers’ money. I tethered balloon 10,000 feet above other countries comply with the trade hope my amendment will be accepted Cudjoe Key in Florida. This is a picture laws that they have entered into with as one that is thoughtful, useful, and of Fat Albert. Fat Albert is the aero- us. Let’s not see a continued degrada- one that will advance this country’s in- stat balloon which we send up to 10,000 tion of our ability to comply and en- terests. feet which broadcasts a line of sight force our trade laws with China and Mr. President, I am going to ask the signal to Cuba that is jammed at 3:30 in Japan and Europe and Mexico and Can- amendment at the desk be called up at the morning. A Cuban television set ada. Let’s enhance that. Let’s not de- this point. can have snow. Fat Albert, of course, is grade it. The PRESIDING OFFICER. The Sen- not invincible. Television is easy to Yet, what we have seen in recent ator from North Dakota. jam. TV Marti is easy to jam. TV times is a substantial diminution of Mr. DORGAN. I have an amendment Marti’s signal, according to experts, is our ability to require others to comply at the desk, and I ask for its immediate able to be jammed by several off-the- with our trade laws and to enforce consideration. shelf antennas and 100-watt transmit- those trade laws. The PRESIDING OFFICER. The ters, the power of a light bulb. The an- My proposition is simple: Abolish clerk will report. The legislative clerk read as follows: tennas cost about $5,000 each to block that which is wasteful, TV Marti. And, The Senator from North Dakota [Mr. DOR- the signals. yes, we will get people coming to the GAN] proposes an amendment numbered 1542. Why waste money when the message floor who say: Gosh, this would be the can get through by radio and you can’t wrong signal to send to Fidel Castro. Mr. DORGAN. I ask unanimous con- sent the reading of the amendment be get the message through by television He doesn’t get the signal nor do the dispensed with. signal? Transmitting by aerostat bal- Cuban people get the signal. This is not The PRESIDING OFFICER. Without loon is not perfect. They have to be about signaling anybody except the objection, it is so ordered. taken up and down. They regularly re- American taxpayer that we will quit The amendment is as follows: quire maintenance. They are affected wasting money. (Purpose: To increase funds for the trade en- by weather conditions. I am sure people will make the point: forcement and trade compliance activities TV Marti employs 55 people and We should not give aid and comfort to of the International Trade Administration keeps spending money even if the bal- Fidel Castro. I am not interested in and to reduce funds for TV Marti) loon cannot go up for various reasons. that. I am interested in giving aid and On page 44, line 1, strike ‘‘$347,090,000’’ and TV Marti did not broadcast from Octo- comfort to the American taxpayer. insert ‘‘$357,090,000’’.

VerDate Mar 15 2010 03:22 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 S9236 CONGRESSIONAL RECORD — SENATE September 10, 2001 On page 44, line 6, strike ‘‘$27,441,000’’ and every night. I don’t think he should be deficit, or the deficit in the balance of insert ‘‘$32,441,000’’. off the air. I think it is wonderful pro- trade. This is a favorite subject of On page 44, line 7, strike ‘‘$42,859,000’’ and gramming. mine. It used to be just $17 billion. insert ‘‘$47,859,000’’. So my emphasis is on the timing of Monitoring that $81 billion deficit in On page 88, line 7, strike ‘‘and television’’. On page 88, line 9, strike ‘‘and television’’. it. We are going to have these debates the balance of trade with Japan, that On page 88, line 10, strike ‘‘$24,872,000’’ and back and forth on this particular $17 billion is down to $7 billion; or that insert ‘‘$14,872,000’’. amendment. As I understand the unan- $10 billion, monitoring the $84 billion Mr. DORGAN. Mr. President, the imous consent agreement, we are going deficit in the balance of trade with the amendment does exactly what I de- to vote on the Smith amendment after People’s Republic of China, is down to scribed with respect to the numbers. a half hour equally divided, from 5 to $7 billion. That is all I have to say about the 5:30. We are going to vote at 5:30 on the There is a question about this par- amendment. If there are others who Smith amendment. Then we’ll have the ticular International Trade Commis- wish to speak on it, I will be happy to other votes with respect to the amend- sion receiving more money. I have entertain questions or engage in a dis- ment of the distinguished Senator from found from some 34, almost 35 years’ cussion with them. If not, I ask con- Idaho relative to the International experience, that the International sent to offer a second amendment to Crime Commission. The Fat Albert Trade Commission is a gimmick. The this legislation. I therefore ask unani- amendment, which the Senator from reason I call it a gimmick, advisedly, is mous consent to set aside the pending North Dakota has up, is subsequent through hard experience. amendment so I may offer my second thereto. Time and again, corporate America amendment. Having the floor, I cannot pass the has taken its trade violation case The PRESIDING OFFICER. Is there opportunity, because as my friend from against Japan, against China etc., to objection? West Virginia carries around the Con- the International Trade Administra- Mr. HOLLINGS. Reserving the right stitution, I carry around the record of tion in the Department of Commerce, to object, let me say a word. Will the waste. I heard the word ‘‘waste’’ but it and they have found a dumping case, Senator yield? was in regard to about $10 million. that the goods are being sold at less Mr. DORGAN. Perhaps the Senator Let’s talk about billions—$1 billion a than cost. from South Carolina should seek rec- day waste. I have a Lexus. Let’s say that Lexus ognition, after which I will seek to be I hold in my hand the public debt to costs $35,000. Go buy that same Lexus recognized. the penny, put out by the Department in Tokyo, Japan. Its cost is $45,000. The Japanese article imported into The PRESIDING OFFICER. The Sen- of Treasury as of this morning. We are this country is sold here for much less. ator from South Carolina. already in the red this fiscal year, Time and time again it is proven that Mr. HOLLINGS. Mr. President, the which is going to end now in about 3 it is being sold at less than cost. Take distinguished Senators from Florida, weeks’ time, $100 billion. That didn’t happen overnight. I guess the Kodak case. What happens? That is both of them—Senator GRAHAM, I am $74 billion came from that tax cut— what I call a gimmick. Then they go sure, will be here momentarily. I think that didn’t help the economy—and the for a fix before the Finance Committee he is on the way to the floor. I am dou- rest just followed suit. But that is an- of the Senate to find out, even though ble-checking that now. other debate to be had at a different there is dumping, if there is injury. The junior Senator, Senator BILL time. That is the question before the Inter- NELSON, was with the President in But let’s pay attention to the fact national Trade Commission. And they Florida. Maybe that is where Senator that the public debt is $100 billion. If file for injury. GRAHAM is also. But that is why they anybody wants to get into this yin- It is very interesting that there is are not here to be heard. It is very yang about the public debt and the now a steel case the President is dis- vital to their interests to be heard. Government debt—yes, the public debt turbed about because over 20 mills have Barring that, let me say defending has gone down $59 billion but the Gov- closed down in the last 18 months with Fat Albert has always been a role of ernment debt has gone up $159 billion. a loss of 40,000 steel jobs. Since this particular subcommittee. Time So it is paying off your Visa card with NAFTA, the State of South Carolina and again, since its institution over 15 your MasterCard. That gets people con- has lost 48,600 textile jobs, which are years ago, we have had reports—the fused. But there is not any confusion just as important as the steel jobs to most recent one, of course, is the one on the actual figure put out by the the economy—found so by a special referred to by my distinguished col- Treasury Department of $100 billion. hearing under President Kennedy. But league from North Dakota—the Report Under President Bush’s budget and time and again you go before the Inter- of the Advisory Panel on Radio Marti under the CBO budget, both of them national Trade Commission, and that and TV Marti. submitted within the last 3 weeks, they is why they don’t enforce the laws. While it found it might not be eco- estimate a deficit ending the fiscal There is no such thing as free trade. nomically feasible, I read the finding: year, that is September 30—today is That was a pretty good wag at the TV Marti’s broadcasts are technically the 10th, 20 days from now, of $123 bil- end of World War II when we had the sound and contain essential information not lion or $124 billion. whole industry and we were in the cold otherwise available to the Cuban people. Persistent Cuban jamming does limit Consequently, since we ran a deficit war and wanted capitalism to defeat viewership on the island, however. These last year of $23.2 billion, and we are communism. We put in the Marshall broadcasts could prove vital to the United going to run a deficit this year—where Plan. We more or less gave up our man- States interests and to the welfare of the is the surplus that everyone talks ufacturing sector in pursuit of the de- Cuban people now and in the future. about? I have been on the floor since feat of communism with capitalism. It True it is, it comes on in the middle January saying: Wait a minute, there has worked. Nobody is complaining of the night, 3 in the morning, but then is not any surplus, there is not any sur- about that. It has persisted in Europe, it goes on to early morning when it is plus. But everybody was talking sur- even with the fall of the Soviets, and generally picked up, except for that plus to get that tax cut. Now they are certainly is strong and viable in the year’s period when Fat Albert was all running around saying where has Pacific rim. down. the money gone? I was just in the People’s Republic of Our distinguished friend Larry King The big waste is the interest cost, China. They are on the right track. But made himself famous. I used to be on when the debt goes up, up and away, don’t misunderstand my statement. his program when it was out on the from $5.674 trillion at the end of the China is communist, and many human west coast at 1 in the morning. It was last fiscal year, to now, this minute, it rights abuses occur there. But as the only, what, 10 o’clock or 11 o’clock in is at $5.774 trillion. The interest costs seed of capitalism takes over more and California. But he came on at midnight necessarily go up. As that interest goes more each day, as it finally prevailed to 3 in the morning and got so famous up, the waste goes up. in the Soviet Union, the hope of the that we can’t get him off the air now. Having talked about waste, let me free world will prevail in the People’s He is on the east coast at 9 o’clock say a word about the current account Republic of China.

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9237 We have really gone awry with re- We have lost 1 million manufacturing on his good record of public service, spect to international trade that the jobs in the last year in the United than the Senator from South Carolina. distinguished Senator talks about. States of America. That is the problem I would only like to refer to the 1994 I say there is no such thing as free that we have with respect to trade. CRS report to Congress about TV trade. Let’s go back to the earliest day There is no question that if we don’t Marti. It said TV Marti is worthless. It when this country was built on protec- begin to compete—as the distinguished does not reach the population. It is eas- tionism. The debate ensued. Colonies Senator from North Dakota wants to ily jammed. It broadcasts at 3:30 in the had just won their freedom. The United do with respect to these trade deficits morning. Nobody sees it. Kingdom said to the fledgling colonies, going up, up, and away—we will finally I am not interested in being soft on you trade with us what you produce learn the lesson that has already been Castro, nor am I interested in being best and we will trade back with you given us. hard on the American taxpayer. So my what we produce best. Early economist In 1989, we passed a resolution to point is very simple: Let’s get rid of David Ricardo put forth his doctrine of have hearings with respect to China on wasteful spending. I understand why comparative advantage. However, the human rights. And the Chinese went some have to defend Fat Albert, but trade debate really was between Thom- down to New Zealand, to Australia, and Fat Albert is indefensible. So let’s get as Jefferson, the agriculturalist, and over to Africa and their friends. They rid of that $10 million and move on and Alexander Hamilton, the industrialist. never had a hearing on that resolution. invest in something that really does Hamilton wrote a booklet called ‘‘Re- About 5 months ago the United States strengthen this country and our manu- ports on Manufacturing.’’ There is one was kicked off the Human Rights Com- facturing center. Let’s demand and in- copy left in the Library of Congress. mission. Sudan and Libya remained on sist that other countries with whom we But in a line, without reading that the commission. have trade relationships own up to booklet, he told the Brits to bug off; we The atom bomb, the aircraft carrier, those trade relationships and begin to are not going to remain your colony forget it. It is the economy, stupid. It exhibit fair trade practices with this and ship you our agriculture, our food- is the industrial power, and your country. stuffs, our timber, our iron ore, and money in international affairs as well Again, let me say to my friend, the bring in the finished products from as domestic politics. Senator from South Carolina, I have England. We don’t seem to realize that the always enjoyed the Senator from South As a result, the second act that name of the game out there is market Carolina when he gets a full head of passed this Congress in its entire his- share. The name of the game in the steam on the issue of international tory—the first act was for the seal—but United States is standard of living. So trade. He is interesting to listen to and on July 4, 1789, the second act in its we continue to add not just a minimum knows his stuff. I hope he agrees with history that passed Congress was an wage, Social Security, Medicare, Med- me that we should increase the number act of protectionism and a 50-percent icaid, plant closing notices, clean air of people engaged in monitoring the tariff on 60 articles. and clean water, safe workplace condi- compliance and requiring the enforce- We began the United States by build- tions, safe machinery, and on and on. ment of our trade laws with respect to ing up its manufacturing capacity. Lin- Ergonomics was the last one. I am glad other countries. Compliance and en- coln kept it going at the very begin- we voted it down. But they think up all forcement has decreased rather than ning of the War Between the States kinds of things here for the high stand- increased, and as a result, our trade whereby we were trying to build a ard of living, and then don’t want to deficit has dramatically ballooned. transcontinental railroad. They said protect the economy of the United AMENDMENT NO. 1543 we were going to get the steel rails Having said all that, let me now turn from England. President Lincoln said States. The security of our Nation is like a to my next amendment. I will be mer- no. He said we would build up our own three-legged stool. You have the values cifully brief. I will offer this amend- steel capacity, and when we were as a nation, the one leg; unquestioned. ment because I think it is important to through, we would have not only the have this discussion and to pass a piece transcontinental railroad, but we Everyone knows that America stands of legislation such as it. would have a steel industry. for indivisible rights and freedom. The This amendment deals with the It comes right on down the line with second leg is the military; unques- Small Business Administration. Many America’s agriculture and the darkest tioned. But the third leg is industrial of you will remember the disaster in days of the Depression when the only capacity. Industrial capacity has been the State of North Dakota when the hope we had was hope itself. It was fractured. city of Grand Forks—the Red River Roosevelt who put in the best of the I am glad the distinguished Senator Valley, in fact—experienced a very best protections. from North Dakota brought this sub- We will be passing an agriculture ject up when we have just a few min- large flood in 1997. The city of Grand bill. I don’t know where we are going utes. Forks, a city of nearly 50,000 people, to find the money. But you can bet What we should be doing is paying had to be nearly completely evacuated. your boots it will be $5 billion to $6 bil- the bill. What we should be doing is It is almost an unprecedented event in lion for America’s agriculture. We sub- getting competitive and enforcing the this country, in the last 150 years, to sidize—protect, if you please. laws on the books. have a city of that size be nearly com- My point was made best by Akio Does the Senator from North Dakota pletely evacuated as a result of a flood. Morita of Sony some 20 years ago up in want to set aside his amendment and In the middle of that flood, a fire Chicago when we had a conference up go to another amendment? broke out in the downtown business there, and he was addressing the I yield the floor. section. So we had a raging flood of the emerging Third World nations. He ad- The PRESIDING OFFICER (Mr. NEL- Red River, that had required the evacu- monished that they had to develop a SON of Nebraska). The Senator from ation of a city. Then, we had a roaring strong manufacturing sector to become North Dakota. fire in the middle of that downtown a nation state. He pointed at me and Mr. DORGAN. Mr. President, there is that had been evacuated. You might re- said: Senator, the world power that nothing quite like the sight of the Sen- member on television the images of loses its manufacturing capacity will ator from South Carolina in full voice firefighters trying to fight a fire in the cease to be a world power. in support of things he cares about pas- middle of a flood. It was really quite a Where are we? From 41 percent of the sionately. Among them are trade and remarkable sight. workforce in manufacturing down to related issues. He is kind of like a jock- That disaster, as other disasters in 12—making what? Nothing. ey on a horse who are is running when this country, prompted the Small Busi- I was sort of amazed at Alan Green- he is moving on these issues. Then I ness Administration, and other agen- span saying in February that we have watched him turn to the support of Fat cies, including FEMA and HUD, to so much productivity we must have a Albert. He had the body language of come in with some assistance. We do surplus as far as the eye can see, and so someone headed toward a dental chair. that in times of disaster. Our Govern- we ought to have a tax cut when the There is no one, in my judgment, less ment programs are meant to say to productivity has gone overseas. capable of defending Fat Albert, based people who are down and out, flat on

VerDate Mar 15 2010 03:22 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 S9238 CONGRESSIONAL RECORD — SENATE September 10, 2001 their back, hit with a natural disaster: we won’t change the interest rate on try. But I think, to the extent we can— We are here to help you. Here is a help- you. We won’t change the terms of the especially as we suffer an economic ing hand. We want to help you during loan. But there is no flexibility. Any downturn in this country—when we see troubled times. So we did that. changes at all might cost you a huge waste, we really ought to eliminate it. One of the things we did was provide fee. And in some cases they say: On behalf of the American taxpayer, we Small Business Administration low-in- There’s no fee because there are no ought to take action. So my hope is terest loans, 4-percent loans. There changes. We have no flexibility. that the Senate will find its way to be were some grants and other things as So I have talked to the head of the supportive of both amendments I have well, but the centerpiece was an SBA SBA. I had a visit with him, in fact, on offered. loan to a homeowner or a business that Friday of this past week. He under- Mr. President, I understand there had been dramatically flooded and was stands there can be some problems in will be a request to set these aside. I in very difficult trouble. these areas. He told me he is going to will be happy to work with the chair- What I did not know at the time, and try to put an advisory panel together man and the ranking member to see if what I think many of you perhaps do to see if they can work on individual we can find a way to clear one or both not know in this Chamber, is that cases. But I really believe we ought not of these amendments as we proceed. those loans by the SBA, including the be selling disaster loans. I do not ob- I yield the floor. disaster loans I am now discussing, ject to selling other loans, if they want The PRESIDING OFFICER. The Sen- were later packaged together and then loan processing to be done by someone ator from South Carolina. Mr. HOLLINGS. Mr. President, I sold to the highest bidder. Companies else in ordinary circumstances, but I want to hear momentarily from the that are engaged to bring money to- do not believe disaster loans represent Small Business Administration with gether to invest in Government loans ordinary circumstances. I believe dis- respect to the handling of these dis- decide: We are going to now buy a aster loans ought to be serviced by the aster loans. The position of the distin- package of loans from the SBA. Then SBA. That way, the SBA controls and guished Senator from North Dakota is they bid 50 cents on the dollar or 60 maintains the policies with respect to very appealing. It sounds logical to me. cents on the dollar, and they buy the how these loans are treated. On the other hand, think of it for a loans from the Small Business Admin- My preference is that the SBA go second, and you understand that SBA istration. ahead and sell whatever loans they is selling these particular loans and I never thought much about that. I want, except disaster loans. The SBA, I taking the funds and leveraging even suspect most people have not thought believe, has a responsibility and an ob- more SBA loans. Because of some of about that. The problem is when the ligation to service those disaster loans. the wrongs that may have occurred SBA sells disaster loans, you have the CBO tells me there is no scoring on with the private sector purchasing the potential for a second disaster for a this amendment. loans, as well as other administrative family or business. Here is why. So I am offering the amendment. I do problems, I want to hear from the The SBA, when it serviced those dis- not know whether a copy of my amend- aster loans itself, was always reason- Small Business Administration. ment is at the desk. If not, I will send I am not trying to put it off, but I ably flexible in dealing with people. it to the desk at this point. Oh, we want people to pay those loans will learn quite shortly. I know there The PRESIDING OFFICER. The will be opposition to Fat Albert. There back. That is for sure. But if someone clerk will report the amendment. got stuck in a tough situation, the SBA are a lot of people on a diet, but not The senior assistant bill clerk read as Fat Albert. would work with them. For example, if follows: a business had to sell one asset and re- Mr. DORGAN. Mr. President, if the place it with another asset that was The Senator from North Dakota [Mr. DOR- Senator from South Carolina will GAN] proposes an amendment numbered 1543. more efficient and if the old asset had yield, my hope is that as he continues an SBA disaster lien on it, the SBA Mr. DORGAN. Mr. President, I ask to consider this issue, he will be the would say: Yes, we will work with you unanimous consent reading of the last to come to the aid of Fat Albert, on that; we will transfer the lien. And amendment be dispensed with. having heard my discussion about Gov- the business was able to deal with that. The PRESIDING OFFICER. Without ernment waste and knowing his posi- Now these disaster loans are sold to objection, it is so ordered. tion on Government waste. My hope is financial companies, and the financial The amendment is as follows: he will be the last in line to be sup- companies say: We are sorry, we don’t (Purpose: To prohibit the sale of disaster portive of the aerostat balloon called intend to transfer any liens. We are loans authorized under section 7(b) of the Fat Albert, a balloon that broadcasts a sorry, there is no flexibility here. We Small Business Act) signal no one can see at 3:30 in the are not going to do what the SBA did At the appropriate place, insert the fol- morning. for you. lowing: Mr. HOLLINGS. Mr. President, I sug- I will give you an example—there are SEC. . PROHIBITION ON SALE OF DISASTER gest the absence of a quorum. many—but I will offer an example of a LOANS. The PRESIDING OFFICER. The Notwithstanding any other provision of clerk will call the roll. woman in Grand Forks, ND. This is one law, no amount made available under this of many letters I have received: The assistant legislative clerk pro- Act may be used to sell any disaster loan au- ceeded to call the roll. I’m another flood victim trying to find a thorized by section 7(b) of the Small Busi- way to transfer the current loan I have from Mr. HOLLINGS. Mr. President, I ask ness Act (15 U.S.C. 636(b)) to any private unanimous consent that the order for the SBA to another property. My SBA loan company or other entity. the quorum call be rescinded. was sold to [blank—I will not name the com- Mr. DORGAN. Mr. President, I will pany—] and I’ve been told by them they The PRESIDING OFFICER. Without don’t transfer loans, period. So I am out of not continue further. I have been ap- objection, it is so ordered. luck. Personal circumstances made it nec- preciative of the efforts by the Sen- Mr. HOLLINGS. Mr. President, as I essary for me to sell my property. And I need ators from South Carolina and New understand the pending business, and I this low interest rate in order to afford an- Hampshire to allow me to offer these ask the Chair to confirm, at 5 o’clock other property to get back on my feet. amendments. I know they will set we come back to the Smith-Harkin She had the disaster. The disaster them aside to proceed with other amendment relative to compensation still hurts, but something happened in things on the bill. for the POWs, Japanese prisoners of her circumstance where she had to sell I will continue to work with those in war, with the time equally divided be- that property and replace it with an- the authorizing committee on a couple tween Senator SMITH and Senator other property because of family cir- of these issues. But it is my hope we INOUYE, 15 minutes per side. cumstances. In the past, the SBA al- will be able to consider both pieces of The PRESIDING OFFICER. The Sen- ways would have said: Yes, we will legislation favorably. I know one of ator is correct. work with you to transfer the lien, as them is—or can be—controversial; it Mr. HOLLINGS. I suggest the ab- long as we still have a lien on the prop- should not be. As I said, even waste has sence of a quorum, with the time to be erty. The new investors—now that the a constituency, I guess, in Congress equally allocated to both Senator loans have been sold—say: We’re sorry, and perhaps in some parts of the coun- SMITH and Senator INOUYE.

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9239 The PRESIDING OFFICER. Without said a while back, this is about the Dutch to sign on as a signatory to the objection, it is so ordered. Constitution and about the treaty; it is treaty of peace in San Francisco. The clerk will call the roll. not. We are complying with the treaty It does not in any way change the The assistant legislative clerk pro- with this amendment. terms of the treaty. My colleagues ceeded to call the roll. This is about siding with Japanese from New Hampshire and Iowa have Mr. SMITH of New Hampshire. Mr. companies in this lawsuit or with read the documents. But somehow we President, I ask unanimous consent the American war heroes. have slid over certain words. If I may, order for the quorum call be dispensed That is the issue. We are not even very carefully I will quote from their with. doing that. We are just allowing the document. The PRESIDING OFFICER. Without process to move forward because Amer- However, the Japanese Government points objection, it is so ordered. ican war heroes can have their day in out that under the treaty allied nationals Mr. SMITH of New Hampshire. Mr. court. That is all we are doing. The will not be able to obtain satisfaction re- President, it is my understanding we treaty allows for that very clearly. garding such claims. Although, as the Neth- have the vote on the Smith amendment As I indicated in my previous re- erlands government suggests, there are cer- at 5:30. Is that correct? marks today, John Foster Dulles, when tain types of private claims by allied nation- The PRESIDING OFFICER. That is he did the background and memo- als which the Japanese Government might wish voluntarily to deal with. correct. randum of understanding and wrote Mr. SMITH of New Hampshire. I say some of this language, understood it, We have somehow skimmed over that to my colleagues who are also here to too. Then this was classified for 50 word ‘‘voluntarily.’’ speak, I will be very brief in deference years. At this moment, Mr. President, if to those on both sides who wish to We didn’t know about it. The lawyers you wanted to sue me and I said to you, speak. who are trying to present these law- I voluntarily open myself up to you, we I want to say what the Smith amend- suits on behalf of American war he- need not go to court, no one is going to ment does. It says: roes—the greatest generation—didn’t fuss over that. If at this moment a None of the funds made available in this have access to this information until it prisoner of war of the United States Act may be used by the Department of Jus- was declassified a year ago. That is should decide that he wants to sue the tice or the Department of State to file a mo- what this is about, pure and simple. Japanese Government or a Japanese tion in any court opposing a civil action There is nothing complicated. national notwithstanding the treaty, against any Japanese person or corporation and if that Japanese national or the for compensation or reparations in which You are either for allowing American plaintiff alleges that, as an American pris- war heroes who were in the Bataan Japanese Government should say, yes, oner of war during World War II, he or she Death March and who were forced into they voluntarily expose themselves, we was used as slave or forced labor. slave labor camps to have their day in don’t have to break the treaty. But if All this says is that no funds in this court—you don’t even have to be for the Japanese Government or the Japa- act will be used to block that lawsuit. them winning, as I happen to be, and as nese national should resist and chal- That is it. We are not making any I know many others are. You just have lenge that claim, then I say the execu- editorial comment on the merits or de- to be for allowing them their day in tive branch of the Government of the merits of the lawsuit or who should court as is prescribed under that 1951 United States should have every right win it. I have personal feelings about treaty, period. That is what it is about. to intervene in such a suit because it who should win it. I believe the You are either for that or you are for does impact upon the treaty of San Ameican POWs should win the law- the Japanese companies that basically Francisco. suits. That is up to the courts. All we forced them into slave labor. I think we should read this again: want to do is let that process proceed. That is the difference. That is what There are certain types of private claims I also want to make it very clear we are talking about in this amend- by allied nationals which the Japanese Gov- that this amendment does not abrogate ment. ernment might wish voluntarily to deal the 1951 peace treaty with Japan. I re- I yield the floor. with. peat, It does not abrogate the 1951 The PRESIDING OFFICER (Mr. This amendment is not necessary. If peace treaty with Japan. It merely lim- CORZINE). The Senator from Hawaii is you want to sue the Japanese Govern- its the State and Justice departments recognized. ment or its national at this moment, from interfering in the veterans’ law- Mr. INOUYE. Mr. President, I believe and the Government and the national suits. all of us will agree that the atrocities said to you, yes, they will voluntarily Why does it not do it? Because arti- committed and the inhumane treat- enter into an agreement with you to cle 26 makes it very clear that if the ment of our war prisoners cannot be compensate you for whatever claims Japanese should enter into any agree- condoned and cannot in any way be you may have, no one is going to com- ment that is more advantageous, then justified. We condemn those atrocities. plain. But this amendment will with- the same terms apply to all the sig- It is not a question of Japanese cor- out question impact upon the treaty. It natories to the treaty. That is what it porations versus American heroes. will abrogate the treaty. Then other says. Should Japan make a war claims What is involved is the Constitution of countries will begin to doubt our good settlement with any state granting the United States. Article II makes it word. Is our word good? Are the prom- that state greater advantage than very clear that treaties are to be nego- ises made by the United States good? those provided by the present treaty, tiated by the President or the execu- We are constantly criticizing other na- those same advantages shall be ex- tive branch of this country—not by any tions for violating, if I may say, provi- tended to the parties to the present State, nor by any individual, nor by sions of treaties. treaty. the Senate. It will be by the executive This is very simply an attempt on Did that happen? The answer is, yes, branch. There is no question about the part of the United States to violate it did—right here in an agreement that that. a provision of a treaty. I hope that my was written between the Japanese Gov- The document that my dear friend colleagues will not lead us down this ernment and the Dutch. The point is it from New Hampshire has referred to very dangerous path. If we violate, how did happen. which was arranged by our then-Sec- can we be critical of other nations vio- We are not violating the treaty. Arti- retary of State, John Foster Dulles, lating provisions of their treaties? So I cle 26 is part of the treaty. We are sim- should be praised and not condemned. I hope this matter will be settled. And ply complying with the treaty. would like to explain. accordingly, if I may, Mr. President, I The bottom line is we are not only I believe the references to this ar- move to table the Smith amendment. not abrogating it, but we are com- rangement is a bit misleading. I say so The PRESIDING OFFICER. The mo- plying with the treaty. This is about most respectfully. This arrangement tion is premature while time remains. whether or not we are going to side which was engineered by Secretary Mr. INOUYE. I assumed the Senator with Japanese companies or American Dulles was simply a side agreement de- had finished. war heroes. That is the bottom line. signed to address a domestic issue for Mr. SMITH of New Hampshire. Sen- That is the issue. As Senator HOLLINGS the Dutch and thereby enabling the ator HARKIN wishes to speak.

VerDate Mar 15 2010 03:22 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 S9240 CONGRESSIONAL RECORD — SENATE September 10, 2001 Mr. INOUYE. I am sorry. strings to say that the Attorney Gen- that they cannot abrogate that treaty, The PRESIDING OFFICER. The Sen- eral cannot intervene in certain court that is the end of it, but at least give ator from Iowa. cases. That is nothing new. We have them their day in court. Mr. HARKIN. How many minutes do done that before. Let’s not turn our backs on them. we have? No. 3, they have said the POWs have They suffered long enough. It is time The PRESIDING OFFICER. Six min- already been compensated by the they get their just compensation. utes. United States. Well, I talked to three Mr. President, I yield the floor. Mr. HARKIN. Mr. President, first of POWs from Iowa who were slave labor- The PRESIDING OFFICER. The Sen- all, we are not abrogating any treaties ers in Japan during the war, and not ator from New Hampshire. with this amendment. How could we one of them got paid. So I do not know Mr. SMITH of New Hampshire. Mr. abrogate a treaty with an amendment whom they are talking about, but they President, just a unanimous consent that simply says: No moneys can be ex- did not get a dime. request. pended by the State Department Attor- No. 4, it has been said this opens up I ask unanimous consent that Sen- ney General to go into court opposing the United States to lawsuits from ator WAYNE ALLARD be added as a co- our POW cases against private Japa- other countries. Again, the United sponsor to the amendment. nese companies? That is all we are say- States was known to treat our POWs The PRESIDING OFFICER. Without ing. Again, we have done this time and more decently. Many of the German objection, it is so ordered. time and time again in the history of POWs who worked here in the cotton The sponsors’ time has expired. this country. This is not something fields were indeed paid for their work Who yields time? The Senator from Hawaii. new. when they worked in the United States Mr. INOUYE. Mr. President, as I indi- We have the power to do that. We as POWs. cated earlier this afternoon, it was cer- have the power of the purse strings. We Again, we can get wrapped up in all tain that this debate would become a are not abrogating the treaty. We are these details, but let’s keep in mind highly emotional one. A few of us were just saying that the U.S. Government what we are talking about. We are involved in that ancient war, and we cannot go into court using taxpayer talking about men who survived on a know what the Bataan Death March money to oppose the POWs who are fil- cup of rice a day. The one person I was all about. We do not condone that; ing these lawsuits. knew in Iowa, who is still alive, went we condemn it. We are not here to jus- If the court upholds the treaty and from 160 pounds down to 68 pounds in 3 tify or provide a rationale for the ac- says that they cannot get anything, years working in a Japanese auto parts tions taken by the Japanese troops; far that they have already been com- factory and then in the lead mines in from it. But we are here to maintain pensated, well, that’s the end of it. I Japanese occupied territory. the integrity of our country and our guess they can appeal it to the Su- Again, these survivors and their fam- treaties. preme Court of the United States, but ilies should at least give them their Yes, we have provided provisions in if the courts find, as my friend from day in court. That is all we are asking. the appropriations bill stopping our Hawaii says, that this treaty holds and Mitsubishi, they have a lot of money. Departments from suing on certain would be abrogated, and we can’t do Nippon Steel, they can hire the best issues, but never on a treaty. This one that, then that is the end of the case, lawyers if they want to argue this case. will break a treaty. but at least the POWs will have had Mr. President, I ask unanimous con- their day in court. So, Mr. President, I hope my col- sent to have printed in the RECORD the leagues will go along in support of my That is all we are asking with this number of former POWs in various amendment. We are not abrogating any motion to table. States who would be affected by this Mr. SMITH of New Hampshire. Mr. treaties; we are simply trying to up- class action suit: 1,454 in California, 200 President, before the motion is made, I hold the rule of law and our own pri- in Arizona, 200 in Colorado, 150 in Geor- have one more unanimous consent re- vate citizens’ rights. gia, 150 in Illinois—I am not going to Let’s keep in mind whom we are quest. read the whole list, but I ask to have I ask unanimous consent that Sen- talking about: 30,000 men who served that list printed in the RECORD. ator BEN CAMPBELL also be added as a their country in unbearable conditions There being no objection, the mate- cosponsor to the amendment. in Japanese prisoner-of-war camps. rial was ordered to be printed in the The PRESIDING OFFICER. Without Now we are talking about at least 700 RECORD, as follows: objection, it is so ordered. of them—some from my own State of STATE BY STATE LISTING OF SURVIVORS AND Who yields time? Iowa—seeking some long-delayed jus- THEIR FAMILIES WHO WOULD BENEFIT OR Mr. INOUYE. Mr. President, what is tice. They have gone to court to de- WOULD BE AFFECTED BY THE CLASS ACTION the time situation? mand compensation from the Japanese SUIT The PRESIDING OFFICER. The op- companies that used them as slave la- Arizona: 200. position has 2 minutes remaining. borers. California: 1,454 Mr. INOUYE. I yield back the re- Colorado: 200. And who were these companies? mainder of our time and move to table Mitsubishi, Mitsui, Nippon Steel. These Georgia: 150. Illinois: 150. the Smith amendment. are not tiny, little companies that are Louisiana: 140. Mr. HOLLINGS. I ask for the yeas going to go broke because they might Maryland:, 1,154. and nays. have to pay these people some back New York: 240. The PRESIDING OFFICER. Is there a wages and compensation for what they Virginia: 189. sufficient second? endured during those war years. Oregon: 250. There appears to be. I think it is unconscionable that our Texas: 972. The question is on agreeing to the own State Department has intervened Washington: 350. Wisconsin: 106. motion. The clerk will call the roll. in the courts to keep them from press- Ohio: 100. The legislative clerk called the roll. ing their case. That is not right. It is North Carolina: 100. Mr. REID. I announce that the Sen- not fair. Pennsylvania: 100. ator from Missouri (Mrs. CARNAHAN), So, No. 1, this amendment does not, Massachusetts: 100. the Senator from North Carolina (Mr. in any way, undermine the treaty. Let Mr. HARKIN. Mr. President, again, EDWARDS), the Senator from Massachu- the court decide that. All we are saying let’s keep in mind that all the Smith- setts (Mr. KERRY), the Senator from is, the State Department cannot use Harkin amendment says is: Do not use Florida (Mr. NELSON), the Senator from our taxpayers’ money—the very taxes taxpayers’ money to have the State Michigan (Ms. STABENOW), and the Sen- paid by these former POWs—to go into Department come into court to fight ator from New Jersey (Mr. TORRICELLI) court to keep them from seeking re- our former POWs who are seeking com- are necessarily absent. dress. pensation from Japanese companies Mr. NICKLES. I announce that the No. 2, this does not violate a separa- that never paid them. That is all we Senator from Arizona (Mr. KYL) and tion of powers. We have, time and time are asking. If the judge and the Su- the Senator from Arizona (Mr. MCCAIN) again, used the power of the purse preme Court of the United States find are necessarily absent.

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9241 The PRESIDING OFFICER (Mr. CAR- noon. Aside from this particular vote, around the globe to have some place PER). Are there any other Senators in we have three amendments pending, where we could indict those who would the Chamber desiring to vote? two by the distinguished Senator from commit the horrors and tragedies of The result was announced—yeas 34, North Dakota, Mr. DORGAN, on both human rights violations. nays 58, as follows: the aerostat of TV Marti and the Small So it is somewhat ironic—in a way [Rollcall Vote No. 276 Leg.] Business Administration amendment. sadly so—that we find ourselves at the YEAS—34 We have the amendment by the Sen- outset of the 21st century with the Akaka Fitzgerald Mikulski ator from Idaho, Mr. CRAIG, relative to United States apparently leading the Biden Gregg Murkowski the International Criminal Court. charge to see to it that no such organi- Bond Hagel Nelson (NE) There being no further debate, as I un- zation should ever come into existence. Byrd Helms Nickles derstand it, I am waiting to check with Let me quickly say to my colleagues, Carper Hollings Reed Chafee Inouye the leadership on both sides of the aisle I do not at all support the present con- Reid figuration or proposal on an inter- Cleland Jeffords Rockefeller on how they intend to continue, but we Corzine Kohl Sarbanes will meet early in the morning and I national criminal court. It is tremen- Daschle Levin Stevens dously flawed as a proposal. It is very Dodd Lott am asking all Senators, please, if they Thompson Enzi Lugar have any amendments, get ready and much in our interest, as a nation, to be Feinstein McConnell let us bring them up and let us see if at the table to help fashion this court. Ultimately we may vote against it. NAYS—58 we can move along like we did today. I thank the Chair. We may try to see to it that it does not Allard DeWine Lincoln become established. However, there is a Allen Domenici Miller The PRESIDING OFFICER. The Sen- Baucus Dorgan Murray ator from Connecticut. great risk that it will become estab- Bayh Durbin lished. In the absence of our participa- Roberts AMENDMENT NO. 1536 Bennett Ensign Santorum Mr. DODD. Mr. President, I want to tion, it could end up being a lot Bingaman Feingold Schumer worse—for us, for men and women in Boxer Frist be heard on the Craig amendment, un- Sessions uniform in this country, for the inter- Breaux Graham Shelby less there is some reason why I cannot. Brownback Gramm Smith (NH) ests of the United States in an ever- Bunning Grassley Is that in order? Smith (OR) shrinking global community. Burns Harkin The PRESIDING OFFICER. The Sen- Snowe I am deeply concerned, as I am now Campbell Hatch ator from Connecticut is recognized on Specter told the administration is as well, with Cantwell Hutchinson the Craig amendment. Clinton Hutchison Thomas this amendment as presently proposed. Thurmond Mr. DODD. I thank the President, Cochran Inhofe As I understand it, the Craig amend- Collins Johnson Voinovich and I thank my colleagues. Conrad Kennedy Warner Mr. President, I rise to speak in op- ment bars the United States from Craig Landrieu Wellstone using funds in support of the Inter- position to the amendment offered by Crapo Leahy Wyden national Criminal Court or to continue my good friend from Idaho. I do so be- Dayton Lieberman to participate in meetings of the Pre- cause it goes back a long time. As a NOT VOTING—8 paratory Commission which is working matter of revealing past history, I take Carnahan Kyl Stabenow to finalize matters relating to the great pride in the fact that the person Edwards McCain Torricelli Court. Kerry Nelson (FL) at whose desk I now stand and in whose I think this is a dangerous amend- The motion was rejected. chair I now sit from time to time was ment in many ways. I have proposed The PRESIDING OFFICER. The the executive trial counsel at the Nur- language which we have not yet consid- question is on agreeing to the amend- emberg trials. I was about a year old, a ered in the Foreign Relations Com- ment. year and 2 months old, when my father mittee dealing with one of the major The amendment (No. 1538) was agreed went off to Nuremberg as a young law- concerns being raised about the estab- to. yer and became an executive trial lishment of a criminal court; that is, Mr. SMITH of New Hampshire. I counsel at the end of those historic the vulnerabilities of our men and move to reconsider the vote. trials at the end of World War II. women in uniform. Mr. NICKLES. I move to lay that mo- I remember vividly growing up with The legislation that I have drafted is tion on the table. my father and others of his generation gathering wide-range support. The ad- The motion to lay on the table was arguing most strongly that had there ministration itself finds an awful lot agreed to. been in the 1920’s or 1930’s criminal included in the bill that they would The PRESIDING OFFICER. The Sen- courts of international justice the like to support. We are working with ator from Missouri. tragedies of World War II might have them to fashion something to meet Mr. BOND. I rise very briefly to give been avoided. their support. my colleagues some bad news and some He never said it would have been ab- The adoption of this amendment, good news. The bad news is the house solutely because obviously that would however, is a major setback, in my of my colleague, Senator JEAN CARNA- be an impossibility to predict, but view, in this effort. As currently draft- HAN, was struck by lightening Satur- there was no place, there was no forum ed, the Craig amendment forecloses day evening. It suffered serious damage in which the civilized world could gath- one of the options the Bush adminis- from a fire and also from water. er, in a sense, to denounce or to indict tration is currently reviewing with re- I spoke with Senator CARNAHAN. She a madman such as Adolf Hitler. spect to how to remain actively en- is in Rolla, MO. There are about 30 As a result of the world’s silence, in gaged internationally in support of the good friends helping her retrieve her many ways, through the 1930’s, the rule of law. belongings and to work with insurance events and the tragedies in the latter It is my understanding that the Bush companies. It is a real mess and she is part of that decade, of course, the administration strongly opposes, in therefore unable to attend this vote. events of the first part of the 1940’s oc- fact, what our good friend and col- The record should show because of curred. So after World War II, there league from Idaho is suggesting with this grave, unfortunate circumstance, were many highly responsible individ- this amendment. Under existing law, she did not vote. The good news is she uals in this country and elsewhere who the administration is currently prohib- sounded to be in good spirits, no one argued most strongly for the establish- ited from expending funds in support of was hurt, and she expects to return to ment of such a court. In fact, it was the the Court. That is the law today. That this body as soon as she can complete United States that led the way to es- was adopted in 1999. The law has left arrangements in Rolla. I thank the tablish a United Nations system. It was the door open for the Bush administra- Chairman, and I thank my colleagues. the Eisenhower administration. tion to determine whether or not it The PRESIDING OFFICER. Who In fact, some of the strongest con- wishes to participate in the work of the seeks recognition? servatives of that era argued very Preparatory Commission. It makes all The Senator from South Carolina. strongly that it was in the interest of the sense in the world to be so in- Mr. HOLLINGS. Mr. President, we the United States, in our own self-in- volved. The structure of the Pre- made some good progress this after- terest, as the leader of free peoples paratory Commission is such that it is

VerDate Mar 15 2010 03:22 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 S9242 CONGRESSIONAL RECORD — SENATE September 10, 2001 charged with finalizing the details of reason they fought so hard at the trials great bastion of debate on inter- the implementing language of the and subsequently was that they be- national matters of such importance Court in resolving outstanding defini- lieved that had there been a forum, a and weight, might vote to deprive us of tions, ambiguities, and difficulties place for the rule of law where natural even being involved in the Preparatory with the Rome statute. law could reside, we might very well Commission considering an inter- The Craig amendment closes the door have avoided the Holocaust and other national court of criminal justice with respect to the possibility of U.S. such events that gripped the midpart of where human rights and genocide mat- participation in the Preparatory Com- the 20th century. ters can be debated, where those who mission. This, in my view, is very I believe my father would have en- commit those crimes can be brought to shortsighted since there are a number dorsed President Clinton’s decision to the bar of justice. of issues which we would want to and sign the Rome statute last December I urge my colleagues to think more should work to resolve or clarify, even on behalf of the United States. Presi- carefully about this vote. I accept if we never decide to become a party to dent Clinton did so, knowing full well there are problems with the Rome trea- the treaty. much of the work remained to be done ty as currently written. I would not Clearly, I am hopeful President Bush before the United States would ever be- support it. If the Rome treaty came to will choose to stay part of the Pre- come a party to the U.N. convention this Chamber as written, I would vote paratory Commission process, but the establishing an international criminal against it. But that is not the case. decision as to whether or not to do so court. There is work to be done. We ought to The Bush administration is currently is up to him, not up to the Congress. be engaged in that work. That is why I reviewing its options with respect to Frankly, to prohibit the President introduced legislation before the Au- the Rome statute and with respect to from participating in the Preparatory gust recess to protect U.S. interests the ongoing preparatory work that will Commission is probably a violation of until we can successfully work out our the President’s constitutional treaty make the Court operational only once 60 parties have ratified it. If the Craig differences on this issue. power to conduct negotiations with I hope the Foreign Relations Com- amendment is adopted, it will foreclose other states on behalf of our own Na- mittee will hold hearings on this legis- the Bush administration from opting tion. Moreover, I think this amend- lation as soon as possible. to stay engaged as a participant in the ment sends a terrible signal just as the This bill, the American Citizens Pro- work of the Preparatory Commission international community gathers in tection and War Criminal Prosecution in order to protect U.S. interests and New York to listen to President Bush Act of 2001—the American Citizens Pro- interact with friends and allies on address the United Nations for the first tection Act, would both protect Amer- these matters. time since coming to office. What mes- Let there be no doubt; at some date ica’s Nuremberg legacy while at the sage will they derive from yet another in the future an international criminal same time safeguarding the rights of U.S. unilateral rejection of inter- court will come into existence; 36 American citizens who might be nationalism? Perhaps they will take it states have already ratified the treaty, brought before foreign tribunals even if as a signal that we in the United including all members of the European we are not a party to them. This bill States no longer intend to be leaders in Community. For the United States to calls for active U.S. diplomatic efforts the international advocacy of the rule be totally on the sidelines as the last to ensure that the ICC functions prop- of law and human rights. details of procedures are hashed out is erly mandates the assertion of U.S. ju- How ironic, how truly ironic that is. clearly contrary to our national self- risdiction over American citizens and How quickly we seem to have forgotten interests. There may also be times bars the surrender of U.S. citizens to the Holocaust and the international when, on a case-by-case basis, the the ICC once the U.S. has acted. community’s decision to convene the United States may want to assist in The Bush administration is currently Nuremburg trial of the leading Nazi the prosecution of foreign war crimi- studying this and other approaches to war criminals following World War II, nals, particularly those cases where issues related to the ICC. We should or that this war crimes tribunal was the crimes are against American citi- permit that review to continue and largely an American initiative. Justice zens. give the President the flexibility to de- Robert Jackson’s team drove the proc- We just debated, ironically, a pro- cide how best to serve U.S. interests in ess of the drafting of the indictments, posal dealing with the war crimes of this important area. the gathering of the evidence, and the World War II. I think but for the treaty The world is a global village in this conducting of that extraordinary trial. of San Francisco, it would have been new millennium. The U.S. must strike The trial was a landmark in the strug- adopted 100 to 0. As related in the per- the right balance between protecting gle to deter and punish crimes of war suasive arguments of DAN INOUYE and our citizens and our men and women in and genocide, setting the stage for the others, we believe treaties are impor- the armed forces who may be traveling Geneva and Genocide Conventions. tant and should not be violated. How or deployed abroad, and preserving The surrender of Slobodan Milosevic ironic that we find ourselves in this United States leadership and advocacy to the International Criminal Tribunal particular matter, depriving ourselves of universal adherence to principles of for Yugoslavia is a strong reminder of the opportunity to be able to fight international justice and the rule of that war crimes are not a thing of the hard where war crimes are committed, law. distant past. At Nuremberg Justice and, in fact, U.S. citizens may be the For those reasons, I urge my col- Jackson said: It is common to think of victims because we will not allow the leagues to reject the Craig amendment our own time as standing at the apex of option to be involved in the Pre- and let existing law stand with respect civilization. The reality is that in the paratory Commission of such a court. to limitations on funding in support of long perspective of history, the present Elie Wiesel has warned that legisla- the ICC at this time. century will not hold an admirable po- tion of this kind would erase America’s This is no time for us to be walking sition, unless its second half is to re- Nuremberg legacy by ensuring that the away from a responsibility which we deem its first. United States will never again join the have shouldered proudly for the past My father, Thomas Dodd, served as community of nations to hold account- half century. executive trial counsel at the trials at able those who commit war crimes and I yield the floor. Nuremberg, among his proudest accom- genocide. A vote to shut the door for- The PRESIDING OFFICER. The Sen- plishments as a human being. But it ever on the International Criminal ator from Virginia. was also part of the common theme Court and bar the United States from Mr. ALLEN. Mr. President, I rise to that rang through a lifetime of public being engaged, ironically, may be read speak on the Craig amendment. service. He believed that America had by some as a signal that the United The PRESIDING OFFICER. The Sen- a special role to make the rule of law States accepts immunity from the ator is recognized. relevant in every corner of the globe. I world’s worst atrocities. What a ter- Mr. ALLEN. Mr. President, I rise in believe my father was correct, that rible possibility. support of the amendment of our col- Justice Jackson was correct, and those It is a sad day, as we embark on the league, Senator CRAIG of Idaho, of who came after that generation, the 21st century, that the U.S. Senate, the which I am a cosponsor. I listened very

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9243 carefully to the eloquent words of the the basic principle that the people of Mr. LEAHY. Mr. President, I rise Senator from Connecticut, Mr. DODD, the States and our country have the today to voice my strong opposition to and his arguments in opposition to this right to govern themselves and chart the Craig amendment to the Inter- amendment. In my view, the proposed their own course. The elected officials national Criminal Court (ICC). While I International Criminal Court is a in the United States, as well as our have great respect for the Senator from threat to the sovereignty of the United military and citizenry at large, are ul- Idaho, I believe it is unnecessary, dam- States and our individual God-given timately responsible to the legal and aging to the cause of international jus- rights that are protected in the Con- political institutions established by tice, and would further erode our stitution of the United States and in our Federal and State constitutions, standing with our European allies. the constitutions and laws of several which reflect the values and the sov- Even the Bush administration, which states. President Clinton, in my view, ereignty of the American people. has no intention of sending the Rome made a serious mistake when he signed The Rome treaty would erect an in- treaty to the Senate for its advice and the Rome treaty in the waning days of stitution in the form of the ICC that consent, opposes the Craig amendment. his administration. That treaty, which would claim authority superior to that Since the Rome treaty was approved would establish a permanent inter- of the Federal Government and the over two years ago, it has been signed national criminal court, creates a num- States and superior to the American by more than 120 nations including all ber of undesirable, unprecedented chal- voters themselves. This Court would of the European Union members, all of lenges for the people of the United assert the ultimate authority to deter- our NATO allies except Turkey, as well States. The ICC will have the power to mine whether the elected officials of as Israel, and Russia. Joining our friends and allies, Presi- investigate and prosecute a series of the United States as well as any other dent Clinton signed the Rome treaty international criminal offenses such as American citizen have acted unlaw- late last year, a decision which I crimes against humanity, heretofore fully on any particular occasion. wholeheartedly supported, as the ICC enforceable only in national courts or In this, the Rome treaty is fun- represents a significant step forward in tribunals of limited application which damentally inconsistent with the first bringing to justice those responsible have broad international support, such tenet of our American Republic, that for committing the most heinous as the Nuremberg trials, which Senator anyone who exercises power must be responsible for its use to those subject crimes. DODD brought up. Throughout the negotiations on the to that power. In our country, the Gov- Obviously, everyone here thinks the ICC, the United States got almost ev- ernment derives its just powers from Nazis should be prosecuted. erything it wanted and was able to ob- We do support, obviously, the tri- the consent of the people. That is tain important safeguards to prevent bunal that is trying Milosevic right at foundational and fundamental. American soldiers from being subjected this moment. The International Court The values of the ICC’s prosecutor to politically-motivated actions by the in The Hague is the proper approach, and judges are unlikely to be the same Court. values of those of the United States. which does not impinge upon our sov- There is room for improving the trea- The Rome treaty has been embraced by ereignty. ty, and that is precisely why I oppose Senator DODD, in arguing against many nations with legal and political the Craig amendment. The Craig this amendment, did mention he would traditions dramatically different from amendment would prevent our dip- oppose the Rome treaty as written if those of our own. This includes such lomats from being at the table during we were going to be voting on it at this states as Cambodia, Iran, Haiti, Nige- the ongoing Preparatory Commissions moment. But if the Senate were to rat- ria, Sudan, Syria, and Yemen, all of on the ICC. ify this ill-advised treaty, this Inter- which have been implicated in torture While this may make some feel good, national Criminal Court would have or extrajudicial killings or both. the practical effect would be self-de- the authority to try to punish Ameri- Even our closest allies, including Eu- feating. It would put us in a far worse cans for alleged offenses abroad or in ropean states following the civil law position to advance U.S. interests the United States, and that Court will system, begin with a very different as- within the ICC and obtain additional be entirely unaccountable for its ac- sumption about the powers of courts protections, ensure that the safeguards tions. and the rights of the accused. Never- we already obtained operate effec- This International Criminal Court, in theless, if it is permitted to be estab- tively, and make sure that the Court fact, would be in a position to punish lished, the ICC will claim the power to serves its intended purpose of pros- individual American officials for the try individual Americans, including ecuting crimes against humanity. foreign policy and military actions of U.S. service personnel and officials act- I do support the International Crimi- the United States and would not offer ing fully in accordance with U.S. law nal Court. But, again, this vote is not even minimum guarantees afforded in and our interests. The Court itself about whether you support it or not. the Bill of Rights to any defendants be- would be the final arbiter of its own We already have a prohibition against fore it. power, and there would be no appeal the expenditure of U.S. funds for the At the heart of the ICC is an inde- from its decisions. ‘‘use by or support of’’ the ICC, unless pendent prosecutor accountable to no In 1791, Thomas Jefferson, our coun- the U.S. ratifies the treaty, which it is one. The international prosecutor is try’s first Secretary of State, said: not going to do any time soon. empowered to enforce justice as that No court can have jurisdiction over a sov- The issue is whether we will partici- prosecutor sees fit. If the international ereign nation. pate in discussions on the procedures of prosecutor believes that a local trial in Last year this Congress prohibited the court, or whether we are going to our U.S. courts has been inadequate, he the use of taxpayers’ money to support tie the hands of the administration by or she is authorized to indict an alleged the International Criminal Court. I preventing the United States from even human rights abuser and demand a new say, let’s put another lock on that door sitting at the table. international trial. The international by adopting this amendment, the Craig And, both the Clinton and Bush ad- prosecutor may think a local pardon or amendment, and let’s put a lock on the ministrations have stated that they an amnesty or a finding of not guilty door to the Preparatory Commission as would not submit the Treaty to the was improper. That international pros- well. Senate for consideration. ecutor can ignore that finding. In closing, I quote again from Mr. While some may want to ‘‘block’’ the What this authority symbolizes is Jefferson. Thomas Jefferson said: treaty, this is very unlikely to be pos- the theory that all nations, including It is the right of every nation to prohibit sible. The EU is already engaged in a constitutional democracies, should sur- acts of sovereignty from being exercised by campaign to obtain the ratifications render their sovereignty to the altar of any other within its limits. that are needed to reach the required international control. I urge my colleagues to join me in ex- number of 60. Control of our own courts is one of ercising this right and supporting this Blocking the International Criminal our most cherished internal decisions amendment to protect the sovereignty Court from coming into existence is about justice and order in our civiliza- of the American people. likely to require a head-to-head con- tion. The United States was founded on I yield the floor. frontation with our European allies

VerDate Mar 15 2010 03:22 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 S9244 CONGRESSIONAL RECORD — SENATE September 10, 2001 and over 80 countries outside of Europe will no longer support establishing new Without objection, the amendment is that have signed the Treaty but not ad hoc tribunals—which at that point agreed to. yet ratified. could be unnecessary and duplicative— The amendment (No. 1536), as amend- Because the reality is that the Court what will the United States do? ed, was agreed to. will come into existence and have ju- No longer help with the prosecution Mr. HOLLINGS. Mr. President, I risdiction over non-parties, our best of war criminals, because we do not move to reconsider the vote. strategy is to remain engaged with the support the ICC? That would be ridicu- Mr. GREGG. I move to lay that mo- ICC to shape a Court that best rep- lous for a country whose Bill of Rights tion on the table. resents our interests and values. is a beacon of hope for victims of Irrespective of one’s views on the human rights abuses around the world. The motion to lay on the table was ICC, it makes no sense to bury our Clearly, we all want to protect U.S. agreed to. heads in the sand and hope for the best. interests within the ICC. This amend- Mr. HOLLINGS. I thank the distin- That is precisely what the Craig ment does not do that. In fact, it guished Chair, and thank my col- amendment will do and one of the makes things worse by not even allow- leagues from New Hampshire and Vir- major reasons why I strongly oppose it. ing our negotiators to be in the room ginia. The other reason that I oppose the while important issues are being dis- Mr. CONRAD. Mr. President, I rise to Craig amendment is the long-term cussed and could ultimately hinder our offer for the RECORD the budget Com- harm that it could have on U.S. efforts efforts to prosecute war criminals. mittee’s official scoring for S. 1215, the to prosecute war criminals. Year after The PRESIDING OFFICER. The Sen- Department of Commerce, Justice, and year, Senator MCCONNELL and myself, ator from South Carolina. State, the Judiciary, and Related alternating as chairman and ranking Mr. HOLLINGS. I checked with sev- Agencies Appropriations Act for Fiscal member of the Foreign Operations Sub- eral Senators interested in this amend- Year 2002. committee, have struggled to find ment as well as its proponent, Senator The Senate bill provides $38.627 bil- enough money to help support the ef- CRAIG. If there is no other question, we lion in discretionary budget authority, forts of the international tribunals for need to move these amendments along which will result in new outlays in 2002 the former Yugoslavia, Rwanda, and as best we can. of $26.026 billion. When outlays from Sierra Leone. I think we are ready for a voice vote. prior-year budget authority are taken Moreover, we may now be asked to I urge the question on the Craig into account, discretionary outlays for contribute millions of dollars to sup- amendment. the Senate bill total $38.747 billion in port a tribunal to prosecute crimes of The PRESIDING OFFICER. Is there 2002. The Senate bill is within its Sec- genocide by the Khmer Rouge in Cam- further debate on the amendment? If tion 302(b) allocation for budget au- bodia, if the tribunal there meets inter- not, the question is on agreeing to the thority and outlays. Once again, the national standards of justice. amendment in the second degree. committee has met its target without The negotiations on these tribunals The amendment (No. 1537) was agreed the use of any emergency designations. often takes years and involves endless to. I again commend Chairman BYRD and wrangling over costs, over the laws and Mr. GREGG. Mr. President, I urge Senator STEVENS, as well as Senators rules that will be applied to the pro- the question on the underlying amend- HOLLINGS and GREGG, for their bipar- ceedings, and over whether to even es- ment, as amended. tisan effort in moving this and other tablish an ad hoc tribunal in the first The PRESIDING OFFICER. Is there appropriations bills quickly to make place. further debate? If not, the question is One of the primary goals of the ICC is on agreeing to the amendment, as up for the late start in this year’s ap- to have a permanent forum to pros- amended. propriations process. ecute these heinous crimes wherever Mr. GREGG. Mr. President, I ask I ask unanimous consent that a table they may occur, and our allies have unanimous consent that the yeas and displaying the budget committees scor- embraced the ICC for precisely this nays be vitiated on the amendment in ing of this bill be printed in the reason. the first degree. RECORD. Once the ICC comes into existence, The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without and our allies and the Security Council objection, it is so ordered. objection, it is so ordered. S. 1215, DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATION, 2002 [Spending comparisons—Senate-Reported Bill (in millions of dollars)]

Con- General De- serva- Manda- Total purpose fense tion tory

Senate-reported bill: Budget Authority ...... 37,772 604 251 572 39,199 Outlays ...... 37,885 660 202 581 39,328 Senate 302(b) allocation:* House-passed: Budget Authority ...... 37,534 567 440 572 39,113 Outlays ...... 37,913 632 360 581 39,486 President’s request: Budget Authority ...... 37,178 465 284 572 38,499 Outlays ...... 38,016 538 259 581 39,394 SENATE-REPORTED BILL COMPARED TO: Senate 302(b) allocation:* Budget Authority ...... 0 0 (133) 0 (133) Outlays ...... 0 0 0 0 0 House-passed: Budget Authority ...... 238 37 (189) 0 86 Outlays ...... (28) 28 (158) 0 (158) President’s request: Budget Authority ...... 594 139 (33 ) 0 700 Outlays ...... (131) 122 (57) 0 (66) Notes: Details may not add to totals due to rounding. Totals adjusted for consistency with scorekeeping conventions. For enforcement purposes, the budget committee compares the Senate-reported bill to the Senate 302(b) allocation. * The 2002 budget resolution includes a ‘‘firewall’’ in the Senate between defense and nondefense spending that will become effective once a bill is enacted increasing the discretionary spending limit for 2002. Because the firewall is for budget authority only, the appropriations committee did not provide a separate allocation for defense outlays. This table combines defense and nondefense outlays together as ‘‘general purpose’’ for purpose of comparing the Senate-re- ported outlays with the subcommittee’s allocation.

MOUNTAIN VIEW HOUSE section of New Hampshire that has tra- Report, but it would be my hope that Mr. GREGG. Mr. President, I would ditionally experienced high levels of the Economic Development Adminis- like to briefly mention to Senator HOL- unemployment. The project is the tration would consider an application LINGS an EDA project that is of signifi- Mountain View House. This project was for the Mountain View House within cant importance to employment in a inadvertently left out of the Senate applicable procedures and guidelines

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9245 and provide a grant if warranted. Will nation’s ports of entry most in need of Mr. HOLLINGS. I appreciate the gen- you join with me in urging the EDA to these additional inspectors and look tleman from Georgia, Mr. CLELAND, consider this vital initiative in New forward to more efficient INS inspec- bringing CLEARMADD to my atten- Hampshire? tions at the Detroit-Canada border tion. There is a significant need for Mr. HOLLINGS. I would certainly once these additional inspectors are in training of health professionals in the join with the Senator from New Hamp- place. Is it the intent of the chairman, event of a chemical or biological at- shire in recognizing and supporting the that a significant number of these ad- tack. From what I have learned, Mountain View House project. I will ditional INS inspectors would go to the CLEARMADD has significant capabili- work with my colleague during con- Detroit Port of Entry? ties in this regard, and is clearly a pro- ference to include this project in the Mr. HOLLINGS. Mr. President, the gram that could provide significant as- committee report. Senators from Michigan are correct. sistance in helping achieve the mission INS INSPECTORS AT PORT OF DETROIT This committee recognizes the prob- of the OLSDPS. I will continue to work Mr. LEVIN. Mr. President, I would lems faced at the Port of Detroit and with Senator CLELAND to see that the like to thank the chairman for address- its shortfall of 151 INS land border in- Department of Justice takes advantage ing in this bill the severe INS staffing spectors, and it is the committee’s in- of the expertise within the shortages at certain land border ports tent that a significant number of these CLEARMADD consortium and finds of entry. I would also like to thank additional INS inspectors funded in our ways to include CLEARMADD within him for recognizing and addressing the bill will help fill that shortfall. the overall programs of the DOJ anti- severe shortage of INS inspectors at CLEARMADD, UNIVERSITY OF GEORGIA terrorism program. Detroit’s port of entry on the U.S.-Ca- Mr. CLELAND. Mr. President, I have Mr. CLELAND. I thank the Senator nadian border, which includes the Am- previously brought to your attention for his support and attention to this bassador Bridge and the Detroit-Wind- the important capabilities of the Cen- matter and I look forward to working sor Tunnel. I am pleased this bill pro- ter for Leadership in Education and with you in the future on this issue of vides $25,408,000 for 348 additional land Applied Research in Mass Destruction mutual interest. border inspectors and specifically Defense (CLEARMADD). This Center, HARTSFIELD ATLANTA INTERNATIONAL AIRPORT indentifies the Detroit bridge and tun- to be supported by a consortium of in- INS OFFICERS nel port of entry as being understaffed stitutions including the University of Mr. CLELAND. Mr. President, we by a whopping 151 people. I appreciate Georgia, the Medical College of Geor- have discussed on previous occasions the efforts of this Committee to ad- gia, and the Savannah River Ecology the compelling need for additional Im- migration and Naturalization Service dress the significant INS staffing Laboratory in South Carolina, has (INS) officers assigned to Hartsfield shortages on the Detroit-Canadian bor- available substantial expertise regard- Atlanta International Airport. The der and that a portion of the increase ing the threat posed domestically from present staffing of 78 positions to han- in INS inspectors funded by this bill weapons of mass destruction (WMD). In recent years, concerns have increased dle 2.8 million arriving international will be allocated to address the Detroit about the potential for terrorists or passengers per year at Hartsfield is shortfall. consistently generating extremely long I wish to seek clarification from the foreign states to use biological, nuclear lines, and is damaging the reputation chairman of the Commerce-Justice- or chemical weapons to inflict mass casualties in the United States. As a of Hartsfield as an international gate- State Appropriations Subcommittee as nation, we are only just beginning to way. The desired INS 45-minute proc- to whether a significant portion of the develop an adequate response capa- essing time limit is being exceeded fre- funding provided for additional INS in- bility for such an attack. The con- quently with lines overflowing the in- spectors by this bill will be allocated to sequences of the use of WMD in the spection hall into the adjoining con- address the Detroit shortfall. The Am- United States would be catastrophic, course. The 95 passengers per inspector bassador Bridge is the most heavily particularly in terms of the ability of during peak periods do not match the traveled bridge and the most heavily our health care system to respond. annual growth rate of 16 percent. As a traveled tunnel on the U.S.-Canadian While other programs have focused on result of the 1996 Olympics Games, border. Total traffic at the bridge has research and training to assist first re- Hartsfield has more than an adequate nearly doubled over the past 14 years. sponders in the event of a WMD, very number of processing booths. Yet, According to data compiled by the little has been done to develop proper today, at least 75 percent of those Bridge and Tunnel Operator’s Associa- curriculum and training, including ad- booths go unused on any given day. tion, in 1999 more than 12,000,000 auto vanced degrees, for medical responders Hartsfield now has more arriving inter- and commercial vehicles crossed the including doctors, nurses, emergency national passengers from Latin Amer- Ambassador Bridge and more than room personnel, pharmacists, toxi- ica and Africa, who require longer 9,500,000 auto and commercial vehicles cologists, and veterinarians. The ex- processing times, than from Europe. passed through the Detroit-Windsor perts assembled with CLEARMADD Overall, the airport has experienced a Tunnel. have significant capability to provide 108 percent increase in international Ms. STABENOW. Mr. President, I too such curriculum development and flight arrivals from 1994 to 2000. would like to express my thanks to the training for these so-called second re- Mr. HOLLINGS. I appreciate the fact distinguished chairman for increasing sponders. that the Senator from Georgia brought INS staffing levels to address the past I understand that a total of $364 mil- this matter to my attention. In fact, under funding of land border inspec- lion is included in the Senate version the fiscal year 2002 Commerce/Justice/ tors, and to also seek clarification con- of the Fiscal Year 2002 Commerce-Jus- State Appropriations bill includes 348 cerning the Detroit Port of Entry. The tice-State appropriations bill for the additional inspectors for the Nation’s committee notes that the Detroit Port Office of State and Local Domestic newest and busiest airports. These in- of Entry, which includes the Ambas- Preparedness Support (OSLDPS) of the spectors will help alleviate the long sador Bridge and the Detroit-Windsor Department of Justice to assist with lines at several airports, including air- Tunnel, requires a total of 175 per- training in the U.S. to respond to po- ports in the Southeast which have ex- sonnel yet is currently staffed at only tential terrorist attacks. This is an in- perienced tremendous growth over the 23 inspectors. That leaves the port crease of more than $100 million over last few years. The airports in my own understaffed by 151 inspectors, the funding for Fiscal Year 2001. It is my home state of South Carolina illustrate third worst staffing level at a U.S. port view that the programs and expertise this need as airlines and increasing of entry as a percentage of total work- of CLEARMADD fit well within the numbers of passengers require more load. This is a serious concern, particu- OSLDPS mission and I believe funds flights with fewer delays. larly because the Detroit Port is the should be found within the Fiscal Year Mr. CLELAND. I applaud the chair- nation’s busiest northern border cross- 2002 budget of OSLDPS to take advan- man’s decision to boost the number of ing, and has resulted in unnecessary tage of CLEARMADD’s expertise to INS inspectors for this next fiscal year. traffic congestion and delays. I appre- help develop model curricula and train- I would like to bring to the Senator’s ciate the committee having recog- ing programs to assist local health care attention that of the 150 new INS in- nizing the Port of Detroit as one of the professionals. spectors placed at various points of

VerDate Mar 15 2010 03:22 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 S9246 CONGRESSIONAL RECORD — SENATE September 10, 2001 entry last year, Hartsfield received no The PRESIDING OFFICER. Without KERRY, MURRAY, and SCHUMER. And I new positions. There are other notable objection, it is so ordered. want once again to urge my friends on disparities. For example, Atlanta con- f the other side of the aisle to step up to ducts 70 percent more inspections than the plate and support this important MORNING BUSINESS Boston, but has only 30 percent more victims’ legislation. inspectors. The number of passengers Mr. REID. Mr. President, I ask unan- When it comes to recognizing the processed annually per inspector in At- imous consent that there now be a pe- rights of victims of crime, there is no lanta is 35,782. In comparison, Miami riod for morning business with Sen- majority, no minority, and no middle has a higher ratio of inspectors per pas- ators permitted to speak therein for a ground. As Americans, we share the senger than Atlanta, and, as a con- period not to extend beyond 10 minutes common desire to help victims and pro- sequence, the average inspector in each. vide them the greater voice and rights Miami processes 10,000 fewer passengers The PRESIDING OFFICER. Without that they deserve. The Crime Victims each year. Honolulu inspects less pas- objection, it is so ordered. Assistance Act proposes some basic, sengers than does Atlanta, but has f common-sense reforms to our federal twice as many inspectors. And because crime victims laws, and would help Hartsfield generates between $18 mil- THE CRIME VICTIMS ASSISTANCE ACT OF 2001 provide the resources necessary to as- lion and $19 million in user fees each sist the states in giving force to their year with less than $8 million spent at Mr. LEAHY. Mr. President, on March own locally-tailored statutes and con- Hartsfield there is concern that the At- 26, 2001, my friend Senator KENNEDY stitutional provisions. What a shame if lanta Airport is subsidizing inspections and I introduced S. 783, the Crime Vic- this legislation stalls again this year, at other airports in the Nation. tims Assistance Act of 2001. This legis- because we could not work together on In addition, the airlines serving lation represents the next step in our an issue on which we share so much Hartsfield are planning major expan- continuing efforts to afford dignity and common ground. sions in their international service. recognition to victims of crime. Among f Furthermore, recent census data re- other things, it would enhance the flects tremendous population growth in rights and protections afforded to vic- EXPORT ADMINISTRATION ACT metro Atlanta over the past 10 years. tims of Federal crime, establish inno- Mr. SPECTER. Mr. President, I think This dynamic population increase, sec- vative new programs to help promote it is important to state my reasons for ond only to that of New York, will compliance with State victim’s rights voting against S. 149, the Export Ad- cause ever greater demand for inter- laws, and vastly improve the manner in ministration Act. I do so because I national travel. Given the time it which the Crime Victims Fund is man- think there is too much deference to takes to hire and train new inspectors, aged and preserved. commercial interests at the expense of it is critical that INS address the Senator KENNEDY and I first intro- limiting exports which may threaten shortfall at Hartsfield now, or we will duced the Crime Victims Assistance national security. lose our ability to attract inter- Act in the 105th Congress, and we re- I cast my vote late in the rollcall national passengers, and the economic introduced it in the 106th Congress. when there were 77 votes in favor of the development of the region will suffer. Like many other deserving initiatives, bill, which eventually turned out to be Mr. HOLLINGS. As chairman of the however, this much-needed legislation an 85 to 14 vote, so that I knew the bill Commerce Committee, I am very aware took a back seat to the debate over a was going to pass by overwhelming of the increase in the number of flight proposed victims’ rights constitutional numbers. delays at the Nation’s airports. We amendment. I have on several occa- Legislation on this subject is of great have held numerous hearings on the in- sions noted my concern that we not importance and is long overdue. I was crease in domestic and foreign travel dissipate the progress we could be mak- tempted to vote in favor of the bill on and it is clear that additional INS ing by focusing exclusively on efforts the proposition that the best fre- agents are needed at the Nation’s busi- to amend the Constitution. Regret- quently is the enemy of the good. Had est airports. United States airports fully, I must note again that the pace my vote been decisive so that it might have experienced significant growth of victims legislation has slowed no- have been a matter of having a bill over the last several years and addi- ticeably and many opportunities for which vastly improved the current sit- tional INS agents are needed to address progress have been squandered. uation, which is the absence of legisla- the increased demand not only at the This year, we have a golden oppor- tion, then I might have voted dif- Atlanta airport but throughout the Na- tunity to make significant progress to- ferently. I think the number of nega- tion’s airports, including in my home ward providing the greater voice and tive votes are important as a protest State of South Carolina. I will con- rights that crime victims deserve. The signal that this subject should be mon- tinue to work with Senator CLELAND to Crime Victims Assistance Act of 2001 itored closely and perhaps reviewed ensure that the nation’s business air- enjoys broad support from victims sooner rather than later. ports, Hartsfield Atlanta International groups across the country, including For example, my concerns about the Airport, receive the additional INS the National Center for Victims of elevation of commercial interests over agents that it needs. potential national security risks are il- Mr. CLELAND. Mr. President, I Crime, the National Organization for lustrated by the foreign availability thank you for your support and atten- Victim Assistance, and the National tion to this matter and I look forward Association of Crime Victim Com- and mass market status this Act pro- to working with you in the future on pensation Boards. Regardless of their vides controlled items. The foreign this issue of national importance. views on the proposed constitutional availability component of the act amendment, these organizations recog- would make the U.S. Government un- VOTE EXPLANATION able to control the sale of items that Mr. EDWARDS. Mr. President, I was nize that our legislation can make a are also manufactured by other coun- unavoidably detained and therefore difference in the lives of crime victims was unable to cast my vote on the mo- right now. tries. Such lack of control would allow tion to table the Smith-Harkin amend- When I spoke about the Crime Vic- U.S. firms to sell anthrax to Saddam ment No. 1538 to H.R. 2500. Had I been tims Assistance Act earlier in the year, Hussein because of anthrax’s dual-use present, I would have voted against the I expressed the hope that Democrats in vaccine production. Additionally, motion to table. and Republicans, supporters and oppo- the mass-market status in this bill I suggest the absence of a quorum. nents of a constitutional amendment, would enable export of controlled The PRESIDING OFFICER. The would join me in advancing this bill items without a license if the item clerk will call the roll. through Congress. This should be a bi- were mass produced for different indus- The legislative clerk proceeded to partisan effort, and in this closely di- trial uses. An example of this mass- call the roll. vided Senate, it must be a bipartisan market status would be glass and car- Mr. REID. Mr. President, I ask unan- effort. I want to thank our eight Demo- bon fibers that can be used in the man- imous consent that the order for the cratic cosponsors: Senators CORZINE, ufacture of both golf clubs and also bal- quorum call be rescinded. DASCHLE, FEINGOLD, HARKIN, JOHNSON, listic missiles.

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9247 These are only illustrations of prob- to the national security of the United NICS—KEEPING GUNS OUT OF lems which, I believe, should yet be States. That consensus was and re- CRIMINAL HANDS corrected in conference or in later leg- mains that the proliferation of weap- Mr. LEVIN. Mr. President, the Brady islation. ons of mass destruction—nuclear, law mandated the establishment of the Mr. JOHNSON. I am very pleased chemical and biological—and their National Instant Criminal Background that S. 149, the Export Administration means of delivery constitute the most Check System to allow federally li- Act of 2001, passed the U.S. Senate by important threat to our national secu- censed gun sellers to establish whether such an overwhelming bipartisan vote rity. There is also widespread acknowl- a prospective gun buyer is disqualified of 85–14. This important law reforms edgment that a number of rogue na- from purchasing a firearm. The NICS our export controls of dual-use items tions, and particularly China, rep- to reflect the vast geopolitical, techno- resent the new national security chal- system is working. In its first 25 logical and commercial changes that lenge for the United States. months of operation, more than 156,000 have occurred since the old law was en- Yet, this body, the U.S. Senate, is felons, fugitives and others not eligible acted back in 1979. While we must re- about to pass with overwhelming sup- to purchase a gun have attempted to do main ever-vigilant to protect our na- port a major piece of legislation that so and have been denied by an FBI tion from security threats, we must at stands in direct contradiction to the NICS check. At the same time, NICS the same time recognize that our secu- objectives of U.S. national security has not placed unreasonable con- rity depends in large measure on a vi- policy—to limit the spread of weapons straints on law abiding citizens’ ability brant economy, and in particular on of mass destruction and their means of to buy a gun. In fact, the Department our ability to continue innovating in delivery. of Justice reports that more than 7 out the high technology sector. Ensuring This is not hyperbole; it is a simple of 10 NICS background checks are com- that American producers have the abil- statement of fact. I acknowledge that pleted immediately and 95 percent are ity to participate in the global market- the administration has endorsed S. 149. completed within 2 hours. place is critical to this effort. A campaign pledge has been kept. But But I’m concerned that recent action The hard work that contributed to the long-term ramifications of the vote by Attorney General Ashcroft could the overwhelming support for S. 149 we are about to take should not be un- limit the effectiveness of NICS and cannot be overstated, and I was espe- derestimated. S. 149 received the strong hamper law enforcement efforts to cially gratified by the spirit of co- opposition of the former chairmen, now keep guns out of the hands of crimi- operation that dominated the discus- ranking members, of each committee nals. Regulations issued in January al- sion. This bill, and the quality of its and subcommittee with responsibility lowed the FBI to keep NICS data for 90 provisions, owe a great deal to the for national security. It can in no way days following a check. The 90-day pe- thoughtful participation of a variety of be considered to represent a prudent riod is critical to law enforcement’s players on both sides of the aisle. In balance between commerce and na- ability to audit the NICS system for er- some cases, too many cooks spoil the tional security. It is, in fact, heavily rors, search for patterns of illegal or broth. In this case, however, a variety weighted in favor of the former, with false sales, such as purchasers using of players made very thoughtful im- scant regard for the latter. fake ID’s, and screen for gun dealers provements to the bill. I extend my The list of exports with which we who may abuse the system. But in thanks and gratitude to the core group have traditionally been concerned, the June, the Attorney General announced of sponsors, which included Senator Commerce Control List, has 2,400 items plans to reduce the length of time that MIKE ENZI, Republican of Wyoming, on it. It is important to note that ex- law enforcement agencies can retain Chairman PAUL SARBANES from Mary- ports of these items are licensed, not NICS data to 24 hours. The 24-hour pe- land, Senator PHIL GRAMM from Texas, prohibited. Contrary to the rhetoric of riod is insufficient and would severely and also to so many others contributed some, it also is not the shopping list of restrain law enforcement’s ability to to an improved final product. someone making a Sunday trip to target illegal purchasers and corrupt In particular, I would be remiss in Radio Shack. It is, rather, a compila- gun sellers. not mentioning the important and tion of esoteric items that have mili- After reviewing Attorney General dedicated efforts of Senator MARK DAY- tary applications, including for the Ashcroft’s action, I decided to cospon- TON, my Democratic colleague from construction of nuclear weapons and sor S. 1253, a bill introduced by Sen- Minnesota. Senator DAYTON and his ballistic and cruise missiles. The ators KENNEDY and SCHUMER to main- staff worked tirelessly to ensure that amount of commerce at issue is minus- tain the 90-day period for law enforce- S. 149 protects the interests of the agri- cule relative both to the amount of ment to retain NICS data. The bill cultural community relative to export U.S. exports and to the size of the gross takes a common sense approach to controls. While there are many legiti- domestic product. Restrictions or limi- keeping guns out of the hands of crimi- mate reasons to restrict the export of tations on the export of items on the nals without compromising the privacy certain items abroad, especially where Commerce Control List do not now, nor rights of law-abiding citizens. It is a the export of such items could pose a have they ever had a deleterious effect good bill and the right remedy to the on the U.S. economy, or on U.S. com- threat to America’s national security, Attorney General’s regrettable action. there is to my mind absolutely no ac- petitiveness. They do, however, rep- ceptable logic for imposing restrictions resent the regulatory manifestation of f on the export of food. our national security requirements and LOCAL LAW ENFORCEMENT ACT The export of food can never pose a the role our moral values should play OF 2001 national security threat to this Nation, in the conduct of foreign and trade and Senator DAYTON, along with his policies. Mr. SMITH of Oregon. Mr. President, Republican colleague from Kansas Sen- Some of us who oppose this bill sup- I rise today to speak about hate crimes ator PAT ROBERTS, put together an port permanent normal trade relations legislation I introduced with Senator amendment that eliminated the possi- with China. And, yet, we oppose this KENNEDY in March of this year. The bility that this government ever re- bill. We oppose it because it will, by de- Local Law Enforcement Act of 2001 strict the export of food for a purported sign, open the door to the export with- would add new categories to current national security threat. I look for- out government oversight of the very hate crimes legislation sending a sig- ward to continuing to work with Sen- items and technologies that contribute nal that violence of any kind is unac- ator DAYTON on agricultural issues, to the threats to our security that jus- ceptable in our society. and I know that the farm community tifies a defense budget of over $300 bil- I would like to describe a terrible is grateful to the Senator for his work lion per year. When we debate national crime that occurred July 25, 1994 in in this area. I also wish to commend missile defense over the months ahead, Dana Point, CA. A man allegedly beat Senator DAYTON’s staff, in particular we should not hesitate to reflect on the two gay men and threatened to kill Jack Danielson, Sarah Dahlin and Lani connection between what we do here them after yelling anti-gay slurs. Brad- Kawamura. today, and what those of us who sup- ley Jason Brown, 22, was charged with Mr. KYL. Mr. President, a consensus port missile defenses hope to do tomor- assault with a deadly weapon and com- emerged during the 1990s with regard row. mitting a hate crime.

VerDate Mar 15 2010 03:22 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 S9248 CONGRESSIONAL RECORD — SENATE September 10, 2001 I believe that government’s first duty THE BAD DEBT BOXSCORE IN RECOGNITION OF HAIFA is to defend its citizens, to defend them Mr. HELMS. Mr. President, at the FAKHOURI against the harms that come out of close of business Friday, September 7, ∑ Mr. LEVIN. Mr. President, I rise hate. The Local Law Enforcement En- 2001, the Federal debt stood at today to ask my Senate colleagues to hancement Act of 2001 is now a symbol $5,772,587,811,775.31, five trillion, seven join with me in honoring dedicated ac- that can become substance. I believe hundred seventy-two billion, five hun- tivist and respected community leader that by passing this legislation, we can dred eighty-seven million, eight hun- Dr. Haifa Fakhouri. Dr. Fakhouri will change hearts and minds as well. dred eleven thousand, seven hundred be named a Lady of Charity by the seventy-five dollars and thirty-one Pontifical Institute for Foreign Mis- f cents. sions (PIME Missionaries) at the 43rd One year ago, September 7, 2000, the Knights of Charity Award Dinner in RECENT ELECTIONS IN EAST Federal debt stood at Dearborn, Michigan on October 11, 2001. TIMOR $5,680,707,239,455.93, five trillion, six The Knights of Charity Award is pre- Mr. FEINGOLD. Mr. President, I rise hundred eighty billion, seven hundred sented each year to men and women today to congratulate the people of seven million, two hundred thirty-nine who clearly exemplify ‘‘Unity in Fam- East Timor on the success of their re- thousand, four hundred fifty-five dol- ily Life with Person-to-Person Char- cent Constituent Assembly elections. lars and ninety-three cents. ity.’’ This award is given to those On August 30, 2001, the people of East Twenty-five years ago, September 7, whose words and actions promote the Timor voted to elect a new Constituent 1976, the Federal debt stood at ideals of charity, friendship, love and Assembly. That Assembly will begin $625,934,000,000, six hundred twenty-five interfaith and intercultural collabora- meeting almost immediately to adopt billion, nine hundred thirty-four mil- tion. a new constitution and to establish the lion, which reflects a debt increase of Dr. Fakhouri clearly exemplifies framework for future elections and a more than $5 trillion, these ideals. Since coming to America transition to full independence next $5,146,653,811,775.31, five trillion, one from Jordan in 1968, she has become year. The vote was conducted on the hundred forty-six billion, six hundred one of the most respected leaders of the second anniversary of the violent 1999 fifty-three million, eight hundred elev- Arab-American community. Her most independence referendum. In that ear- en thousand, seven hundred seventy- well known and far reaching achieve- lier referendum, nearly 98 percent of el- five dollars and thirty-one cents during ment was helping to found, and serve igible voters risked their lives to vote the past 25 years. as President and CEO of the Arab- for independence from Indonesia. Last American and Chaldean Council (ACC), f week, the people of East Timor dem- the largest community based human services agency in the nation, serving onstrated their continuing commit- ADDITIONAL STATEMENTS ment to democracy by turning out the Arabic and Chaldean speaking pop- again in force to elect the women and ulation of southeast Michigan. Found- men who will lead them now to full de- ed in Detroit in 1979, the ACC has mocracy and independence. Final voter U.S. NAVAL SEA CADET CORPS quickly grown to offer 36 outreach cen- turnout in this recent election was re- BIRTHDAY ters and over 50 specialized programs ported at more than 91 percent, in a ∑ Mrs. HUTCHISON. Mr. President, the to the Arab/Chaldean community in territory-wide poll that was both Congress of the United States recog- Detroit and the surrounding area. peaceful and orderly. nizes with extreme pleasure the U.S. Under Dr. Fakhouri’s leadership, the After 25 years of occupation by Indo- Naval Sea Cadet Corps on its thirty- ACC has adopted goals and ideals that nesia, and a much longer period of col- ninth anniversary of their Congres- closely match those of the Knights of onization by Portugal, many ordinary sional Charter of September 10, 1962. Charity Award. The ACC is dedicated men and women walked for hours and A non-profit training and education to building community cooperation lined up before dawn to vote for the organization for young men and and coordination, increasing cross cul- first time for their own political lead- women, the U.S. Naval Sea Cadet Corps tural understanding and raising the ers. Clearly, many difficult decisions has consistently provided, in conjunc- level of the community’s general well- and fractious debates now lie ahead for tion with the Navy and Coast Guard, being. Because Dr. Fakhouri has been the 24 women and 64 men who have an outstanding opportunity for our so successful in guiding the ACC to- been entrusted by their election to the country’s youth to sample military life wards achieving these goals, she has re- Constituent Assembly to establish a and experience the challenges and re- ceived recognition from numerous sound legal framework for independent wards of the maritime services. Over state and national organizations. For governance. It is my fervent hope that 8600 Cadets ages 11 to 17, led by 2,000 example, she has served as Special Ad- the same spirit of civic participation adult volunteers, across the United visor to the United Nations on the role and tolerance that guided this most re- States and overseas participate with and status of women and population cent election will continue to guide the active forces in a wide variety of mari- policies in the Middle East Region, and elected representatives of the Con- time training activities. she has received the 1999 Governor’s stituent Assembly as they establish a The Sea Cadet program is applauded Community Leadership Award, the 1999 new democratic system to promote the in developing not only interest and Michigander of the Year Award and cause of peace, independence, and pros- skill in seamanship and aviation, but many others. perity in East Timor. also instilling in America’s young peo- Dr. Fakhouri’s leadership, vision and The United Nations must also be ple a sense of patriotism, personal compassion have made her one of the credited for organizing a successful courage, self-reliance and those quali- nation’s greatest community activists. election and establishing a firm foun- ties which mold strong moral character Her dedication to serving others have dation for future independent govern- and self-discipline, all in an anti-drug, made her an invaluable part of the ance. As U.N. Secretary-General Kofi anti-gang environment. Many of our southeast Michigan community. I Annan has noted, it is in many respects former and current military leaders es- know that my Senate colleagues will the conviction with which the people of tablished their roots and love the join me in congratulating her on being East Timor have embraced democracy Naval services as a Sea Cadet. named a Lady of Charity.∑ that continues to strengthen the com- On behalf of my colleagues in the f mitment of the world community to United States Senate and the United their cause. I commend the United Na- States House of Representatives, I offer 25TH ANNIVERSARY OF THE HIS- tions Administration in East Timor, our heartfelt appreciation and respect TORY MUSEUM FOR SPRING- UNTEAT, for their dedication in imple- to all the members of ‘‘our’’ U.S. Naval FIELD-GREENE COUNTRY menting this important mission and Sea Cadet Corps. ∑ Mr. BOND. Mr. President, this month for their success in organizing this re- To Volunteers and Cadets: ‘‘Bravo the History Museum for Springfield- cent election. Zulu’’—Well Done!∑ Greene County will celebrate its 25th

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9249 anniversary. It is an honor and a privi- tended to recognize the value of shar- THE HEART FAILURE SOCIETY OF lege to rise today on the floor of the ing insights and experiences between AMERICA United States Senate to recognize this assisted living residents, their families, ∑ Mr. WELLSTONE. Mr. President, the institution’s longevity and its role in volunteers and assisted living staff. I Heart Failure Society of America preserving the history of Springfield think that it is appropriate because it (HFSA) is a non-profit professional or- and Greene County. highlights the variety of options as- ganization headquartered in St. Paul, Some twenty-five years ago I was sisted living can provide to meet dif- MN, that represents the first organized able to play a role in the founding of ferent needs of patients. effort by heart failure experts from the this museum while I was serving as Oregon has led our Nation in the con- Americas to provide a forum for all Governor of Missouri. The Museum was cept of assisted living. My State spends those interested in heart failure re- then called the Bicentennial Historical more State health dollars to provide search and patient care. Museum in honor of our Nation’s 200th assisted living services than any other Today, the Heart Failure Society of birthday. Over the years, the name has in our Nation. Assisted living has America is convening here in our Na- changed but the goal and purpose of taken different directions in different tion’s capital with over 2,000 cardiolo- the museum has remained the same, States, and I believe offering these gists, cardiac surgeons, internists, fam- preserving the history and heritage of choices for consumers is important to ily practitioners, research scientists, the city of Springfield and Greene provide security, dignity and independ- pharmacologists, nurses, pharmacists County. History is our window to the ence for seniors. and other allied health care profes- past and helps us to remember just how Assisted living will become even sionals who treat heart failure patients far we have come as a nation and as a more important for seniors and their for the HFSA 5th Annual Scientific community. The museum contains per- families as our nation experiences the Meeting. At this forum, preeminent manent exhibits beginning with the demographic tsunami of aging baby professionals will unveil and review the earliest settlement in the region, con- boomers. It is important for us to con- latest developments in heart failure re- tinuing on through the Civil War, and tinue to support options that allow search and clinical practice. into the twentieth century. The mu- seniors and their families a choice of Heart failure is a progressive condi- seum also changes exhibits throughout settings in order to assure that they tion in which the heart muscle weak- the year which examine other areas of get the level of care that they need.∑ ens and gradually loses its ability to Greene County’s history. The museum is a private, not-for- pump enough blood to supply the f profit organization that is open to pub- body’s needs and is frighteningly com- lic at no charge. The museum is funded mon but underrecognized. Heart failure through private contributions, mem- CONGRATULATING LT. STEVE affects nearly 5 million Americans. As berships, grants, and gift shop sales. YOUNG more people survive heart attacks and are being left with weakened hearts, The staff, management, and volunteers ∑ Mr. VOINOVICH. Mr. President, I am heart failure is the only major cardio- who operate this facility are to be con- honored to stand before you today and gratulated for their tireless efforts and vascular disorder on the rise. An esti- congratulate Lieutenant Steve Young, mated 400,000 to 700,000 new cases of innovation which make the museum an his family and friends on his well-de- important part of the community. The heart failure are diagnosed each year. served nomination as President of the The number of deaths in the United museum is an invaluable tool for stu- National Fraternal Order of Police, dents and teachers to learn the histor- States from this condition has more FOP. As you may know, the 86 year-old than doubled since 1979, averaging ical significance of the area. Fraternal Order of Police is the world’s The History Museum for Springfield- 250,000 annually. In comparison, the largest organization of sworn law en- death rate from coronary heart disease Greene County is a valuable asset to forcement officers, improving the the Springfield area. I ask that the has dramatically dropped statistically working conditions and advocating the over a similar time period. An esti- Members of the Senate join me in rec- safety of its 298,000 members in over ognizing and honoring the twenty-fifth mated $8 to $15 billion is spent each 2,000 local lodges throughout the year on the costs of hospitalization due anniversary of the History Museum for United States. Springfield-Greene County.∑ to heart failure, which is twice the I am confident that with his 25 years amount spent for all forms of cancer. f of membership in the FOP and his cur- While there is currently no known cure NATIONAL ASSISTED LIVING rent position as a Lieutenant in the for heart failure, new treatment ap- WEEK Marion Police Department in my State proaches may help patients live more ∑ Mr. WYDEN. Mr. President, today I of Ohio, Lt. Young is an outstanding normal and fulfilling lives and benefit draw the Senate’s attention to Na- choice to lead the National Fraternal from a decreased risk of hospitaliza- tional Assisted Living Week. The Na- Order of Police. Prior to being named tion. tional Center for Assisted Living is National President, Lt. Young has The HFSA was founded in 1994 by a sponsoring National Assisted Living proudly and effectively served as both small, dedicated group of academic car- Week this week to highlight the sig- National Vice President and Ohio’s diologists who recognized that heart nificance of this service and the hope State President. failure was on the rise, but that there that it can provide seniors. Further, he has become something of was no venue for researchers, trainees Assisted living is a long term care al- an expert in helping to ensure police and clinicians to share ideas about ternative for seniors who need more as- officers’ pension plans throughout the combating the disease. We owe them a sistance than is available in retirement country. He also helped to create the debt of gratitude for providing the im- communities, but do not require the Ohio Labor Council to improve the ef- petus for exploring further research heavy medical and nursing care pro- fectiveness of negotiations between and treatment which might not other- vided by nursing facilities. Approxi- management and labor in police forces, wise have occurred. The Heart Failure mately one million of our Nation’s sen- a model that has since been utilized in Society of America is seen by govern- iors have chosen the option of assisted 14 other States. ment, industry and the medical com- living in this country. This dem- I know that Lt. Young will use his munity as the authoritative organiza- onstrates a tremendous desire by sen- new position to further ensure fair and tion on heart failure. The Senate first iors and their families to have the kind equal treatment to our nation’s true commended the HFSA and its work in of assistance that they need in bathing, heroes, police officers, on the job and the area of heart failure in February of taking medications or other activities to expand the FOP’s involvement last year, designating the week sur- of daily living in a setting that truly throughout the Nation. I wish Lt. rounding Valentine’s Day each year as becomes their home. Young the best of luck and extend my ‘‘National Heart Failure Awareness This year’s theme of National As- congratulations to him once again here Week.’’ these medical professionals are sisted Living Week is ‘‘Sharing the before Congress. I know he will do an dedicated to enhancing the quality and Wisdom of Generations,’’ and it is in- excellent job.∑ duration of people’s lives.

VerDate Mar 15 2010 03:22 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 S9250 CONGRESSIONAL RECORD — SENATE September 10, 2001 We are pleased to welcome this group MESSAGES FROM THE PRESIDENT EC–3648. A communication from the Dis- of distinguished individuals to Wash- trict of Columbia Auditor, transmitting, a Messages from the President of the report entitled ‘‘Audit of the People’s Coun- ington and recognize their extraor- United States were communicated to dinary public service.∑ sel Agency Fund for Fiscal Year 1999’’; to the the Senate by Ms. Evans, one of his Committee on Governmental Affairs. f secretaries. EC–3649. A communication from the Comp- IN RECOGNITION OF THE troller General of the United States, General f Accounting Office, transmitting, pursuant to HONORABLE DENNIS W. ARCHER EXECUTIVE MESSAGES REFERRED law, a report relative to Reports, Testimony, ∑ Mr. LEVIN. Mr. President, I rise today Correspondence, and Other Publications for to acknowledge the achievements of an As in executive session the Presiding June 2001; to the Committee on Govern- accomplished jurist, distinguished pub- Officer laid before the Senate messages mental Affairs. lic servant and committed civic leader from the President of the United EC–3650. A communication from the Execu- from my home state of Michigan, the States submitting sundry nominations tive Director of the Committee for Purchase which were referred to the appropriate from People Who are Blind or Severely Dis- Honorable Dennis Wayne Archer, abled, transmitting, pursuant to law, the re- Mayor of Detroit. On October 11, 2001, committees. port of additions to the procurement list, re- Mayor Archer will be inducted as a (The nominations received today are ceived on August 15, 2001; to the Committee Knight of Charity by the Pontifical In- printed at the end of the Senate pro- on Governmental Affairs. stitute for Foreign Missions (PIME ceedings.) EC–3651. A communication from the Gen- eral Counsel of the Federal Retirement Missionaries) at the 43rd Knights of f Charity Award Dinner in Dearborn, Thrift Investment Board, transmitting, pur- MESSAGE FROM THE HOUSE suant to law, the report of a rule entitled Michigan. This award is a fitting trib- ‘‘Correction of Administrative Errors; Lost ute for a man who has dedicated his At 12:51 p.m., a message from the Earnings Attributable to Employing Agency life to the service of others. House of Representatives, delivered by Errors’’ received on August 16, 2001; to the The Knights of Charity Award is pre- Ms. Niland, one of its reading clerks, Committee on Governmental Affairs. sented each year to men and women announced that the House has passed EC–3652. A communication from the Gen- who clearly exemplify ‘‘Unity in Fam- the following bill and joint resolution, eral Counsel of the Federal Retirement ily Life with Person-to-Person Char- in which it requests the concurrence of Thrift Investment Board, transmitting, pur- ity.’’ This award is given to those suant to law, the report of a rule entitled the Senate: ‘‘Methods of Withdrawing Funds from the whose words and actions promote the H.R. 2833. An act to promote freedom and Thrift Savings Plan’’ received on August 16, ideals of charity, friendship, love and democracy in Viet Nam. 2001; to the Committee on Governmental Af- interfaith and intercultural collabora- H.J. Res. 51. Joint resolution approving the fairs. tion. extension of nondiscriminatory treatment EC–3653. A communication from the Dis- Mayor Archer spent the first five with respect to the products of the Socialist trict of Columbia Auditor, transmitting, a years of his career teaching learning Republic of Vietnam. report entitled ‘‘Audit of the Public Service disabled students in the Detroit Public Commission Agency Fund for Fiscal Year School system. During this time, Mr. At 5:04 p.m., a message from the 1999’’; to the Committee on Governmental Affairs. Archer was also a student, studying House of Representatives, delivered by Ms. Niland, one of its reading clerks, EC–3654. A communication from the Under and attending classes after work to Secretary of Defense, Acquisition, Tech- earn his law degree. Mr. Archer quickly announced that the House has agreed nology and Logistics, transmitting, pursuant established himself as one of the finest to the amendments of the Senate to to law, the Commercial Activities Report for legal minds in Michigan and in 1985 he the bill (H.R. 2133) to establish a com- Fiscal Year 2001; to the Committee on Gov- was appointed Associate Justice of the mission for the purpose of encouraging ernmental Affairs. Michigan Supreme Court by Governor and providing for the commemoration EC–3655. A communication from the Execu- tive Director of the Committee for Purchase James Blanchard. The next year he was of the 50th anniversary of the Supreme Court decision in Brown v. Board of from People Who are Blind or Severely Dis- elected to an eight-year term, which he abled, transmitting, pursuant to law, the re- served with distinction. Education. port of additions to the Procurement List, Elected Mayor of Detroit in 1993, f received on August 24, 2001; to the Com- Dennis Archer soon became known na- mittee on Governmental Affairs. tionwide for the innovative approach MEASURES PLACED ON THE EC–3656. A communication from the Dis- he brought to city government. Near- CALENDAR trict of Columbia Auditor, transmitting, a ing the end of his second for year term, The following joint resolution was report entitled ‘‘Comparative Analysis of Ac- read the first and second times by tual Cash Collections to Revised Revenue Es- Detroit under the leadership of Mayor timates Through the Third Quarter of Fiscal Archer has successfully reduced crime, unanimous consent, and placed on the Year 2001’’; to the Committee on Govern- balanced budgets, lowered taxes, im- calendar. mental Affairs. proved public services and attracted H.J. Res. 51 Joint resolution approving the EC–3657. A communication from the Comp- over $14 billion in new investment, extension of nondiscriminatory treatment troller General of the United States, General with another $3 billion projected for with respect to the products of the Socialist Accounting Office, transmitting, pursuant to this year. Mayor Archer has received Republic of Vietnam. law, the report of the lists of the General Ac- numerous honors in recognition of his counting Office for July 2001; to the Com- f mittee on Governmental Affairs. achievement, including being named EC–3658. A communication from the Sec- President of the National League of EXECUTIVE AND OTHER COMMUNICATIONS retary of Agriculture, transmitting, pursu- Cities in 2001, Public Official of the ant to law, the report of the Office of the In- Year in 2000 by Governing magazine, The following communications were spector General for the period beginning Oc- one of the 25 most dynamic mayors in laid before the Senate, together with tober 1, 2000 through March 31, 2001; to the America by Newsweek magazine, Presi- accompanying papers, reports, and doc- Committee on Governmental Affairs. dent of the National Conference of uments, which were referred as indi- EC–3659. A communication from the Chair- Democratic Mayors and one of the 100 man of the Council of the District of Colum- cated: bia, transmitting, pursuant to law, a report most Influential Black Americans by EC–3646. A communication from the Vice on D.C. Act 14–127, ‘‘Approval of the Exten- Ebony magazine. President for Legal Affairs, General Counsel sion of the Term of the Franchise of Comcast As a native Detroiter, I can person- and Corporate Secretary, transmitting, pur- Cablevision Act of 2001’’; to the Committee ally attest to Mayor Archer’s leader- suant to law, the Annual Report for 2000 on Governmental Affairs. ship and his commitment to those he under the Government in the Sunshine Act; EC–3660. A communication from the Chair- serves. Through his hard work, dedica- to the Committee on Governmental Affairs. man of the Council of the District of Colum- tion and creativity, he has truly im- EC–3647. A communication from the Direc- bia, transmitting, pursuant to law, a report tor of the Office of Management and Budget, proved the City of Detroit and the lives on D.C. Act 14–129, ‘‘American Sign Lan- Executive Office of the President, transmit- guage Recognition Act of 2001’’; to the Com- of those who live there. I know that my ting , pursuant to law, a report entitled ‘‘In- mittee on Governmental Affairs. Senate colleagues will join me in con- formation Collection Budget of the United EC–3661. A communication from the Chair- gratulating Mayor Archer on being States Government, Fiscal Year 2001’’; to the man of the Council of the District of Colum- named a Knight of Charity.∑ Committee on Governmental Affairs. bia, transmitting, pursuant to law, a report

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9251 on D.C. Act 14–122, ‘‘Closing of a Public Alley ing Facilities, Intermediaries and Clearing Environmental Protection Agency, transmit- in Square 529, S.O. 01–1183, Act of 2001’’; to Organizations’’ (RIN3038–AB63) received on ting, pursuant to law, the report of a rule en- the Committee on Governmental Affairs. August 23, 2001; to the Committee on Agri- titled ‘‘Buprofezin; Pesticide Tolerances’’ EC–3662. A communication from the Chair- culture, Nutrition, and Forestry. (FRL6796–6) received on September 4, 2001; to man of the Council of the District of Colum- EC–3674. A communication from the Acting the Committee on Agriculture, Nutrition, bia, transmitting, pursuant to law, a report Executive Director of the Commodity Fu- and Forestry. on D.C. Act 14–121, ‘‘Closing and Dedication tures Trading Commission, transmitting, EC–3684. A communication from the Prin- of Streets and Alleys in Squares 5920 and pursuant to law, the report of a rule entitled cipal Deputy Associate Administrator of the 5928, S.E., S.O. 00–89, Act of 2001’’; to the ‘‘17 CFR Parts 41 and 140—Exemption for Environmental Protection Agency, transmit- Committee on Governmental Affairs. Certain Brokers or Dealers From Provisions ting, pursuant to law, the report of a rule en- EC–3663. A communication from the Chair- of the Commodity Exchange Act and CFTC titled ‘‘Pyriproxyfen; Pesticide Tolerance for man of the Council of the District of Colum- Regulations’’ (66 FR 43083) received on Au- Emergency Exemptions’’ (FRL6798–6) re- bia, transmitting, pursuant to law, a report gust 23, 2001; to the Committee on Agri- ceived on September 4, 2001; to the Com- on D.C. Act 14–120, ‘‘Ed Murphy Way, N.W., culture, Nutrition, and Forestry. mittee on Agriculture, Nutrition, and For- Act of 2001’’; to the Committee on Govern- EC–3675. A communication from the Acting estry. mental Affairs. Executive Director of the Commodity Fu- EC–3685. A communication from the Acting EC–3664. A communication from the Chair- tures Trading Commission, transmitting, Assistant Administrator for Fisheries, Office man of the Council of the District of Colum- pursuant to law, the report of a rule entitled of Sustainable Fisheries, Department of bia, transmitting, pursuant to law, a report ‘‘Performance of Notice Registration Proc- Commerce, transmitting, pursuant to law, on D.C. Act, ‘‘Mental Health Service Deliv- essing Functions by Natural Futures Asso- the report of a rule entitled ‘‘Fisheries of the ery Reform Act of 2001’’; to the Committee ciation With Respect to Certain Securities Northeastern United States; Fishery Man- on Governmental Affairs. Brokers and Dealers’’ received on August 23, agement Plan for the Summer Flounder, EC–3665. A communication from the Chair- 2001; to the Committee on Agriculture, Nu- Scup, and Black Sea Bass Fisheries; Rec- man of the Council of the District of Colum- trition, and Forestry. reational Measures for the 2001 Fisheries’’ bia, transmitting, pursuant to law, a report EC–3676. A communication from the Acting (RIN0648–AN70) received on July 24, 2001; to on D.C. Act 14–109, ‘‘Nominating Petitions Executive Director of the Commodity Fu- the Committee on Commerce, Science, and Signature Amendment Act of 2001’’; to the tures Trading Commission, transmitting, Transportation. Committee on Governmental Affairs. pursuant to law, the report of a rule entitled EC–3686. A communication from the Acting EC–3666. A communication from the Chair- ‘‘17 CFR Parts 3 and 170—Notice Registration Director of the Office of Sustainable Fish- man of the Council of the District of Colum- as a Futures Commission Merchant or Intro- eries, National Marine Fisheries Service, De- bia, transmitting, pursuant to law, a report ducing Broker for Certain Securities Brokers partment of Commerce, transmitting, pursu- on D.C. Act 14–107, ‘‘Technical Amendment or Dealers’’ received on August 23, 2001; to ant to law, the report of a rule entitled Act of 2001’’; to the Committee on Govern- the Committee on Agriculture, Nutrition, ‘‘Fisheries of the Exclusive Economic Zone Off Alaska—Closes ‘Other Rockfish’ Fishery mental Affairs. and Forestry. EC–3667. A communication from the Chair- EC–3677. A communication from the Prin- in the Western Regulatory Area, Gulf of man of the Council of the District of Colum- cipal Deputy Associate Administrator of the Alaska’’ received on August 7, 2001; to the bia, transmitting, pursuant to law, a report Environmental Protection Agency, transmit- Committee on Commerce, Science, and on D.C. Act 14–117, ‘‘New York Avenue Metro ting, pursuant to law, the report of a rule en- Transportation. EC–3687. A communication from the Direc- Special Assessment Authorization Act of titled ‘‘Fluazinam; Pesticide Tolerance’’ tor of the Office of Sustainable Fisheries, 2001’’; to the Committee on Governmental (FRL6797–3) received on August 23, 2001; to National Marine Fisheries Service, transmit- Affairs. the Committee on Agriculture, Nutrition, EC–3668. A communication from the Chair- ting, pursuant to law, the report of a rule en- and Forestry. titled ‘‘Atlantic Highly Migratory Species; man of the Council of the District of Colum- EC–3678. A communication from the Ad- Pelagic Longline Fishery; Sea Turtle Protec- bia, transmitting, pursuant to law, a report ministrator of the Food Safety and Inspec- tion Measures; Emergency Rule’’ (RIN0648– on D.C. Act 14–118, ‘‘Special Signs Tem- tion Service, Department of Agriculture, AP31) received on August 14, 2001; to the porary Amendment Act of 2001’’; to the Com- transmitting, pursuant to law, a report enti- Committee on Commerce, Science, and mittee on Governmental Affairs. tled ‘‘Labeling of Natural or Regenerated EC–3669. A communication from the Sec- Transportation. Collagen Sausage Casings’’ (RIN0583–AC80) EC–3688. A communication from the Acting retary of Agriculture, transmitting, pursu- received on August 24, 2001; to the Com- Executive Director of the Commodity Fu- ant to law, the Annual Animal Welfare En- mittee on Agriculture, Nutrition, and For- tures Trading Commission, transmitting, forcement Report for Fiscal Year 2000; to the estry. pursuant to law, the report of a rule entitled Committee on Agriculture, Nutrition, and EC–3679. A communication from the Con- ‘‘17 CFR Part 1—Recordkeeping Amendments Forestry. gressional Review Coordinator, Animal and to the Daily Computation of the Amount of EC–3670. A communication from the Acting Plant Health Inspection Service, Department Customer Funds Required to be Segregated’’ Executive Director, Commodity Futures of Agriculture, transmitting, pursuant to (RIN3038–AB52) received on August 15, 2001; Trading Commission, transmitting, pursuant law, the report of a rule entitled ‘‘Importa- to the Committee on Agriculture, Nutrition, to law, the report of a rule entitled ‘‘Foreign tion of Fruits and Vegetables’’ (Doc. No. 00– and Forestry. Futures and Options Transactions’’ (17 CFR 006–2) received on August 28, 2001; to the EC–3689. A communication from the Acting Part 30) received on August 15, 2001; to the Committee on Agriculture, Nutrition, and Executive Director of the Commodity Fu- Committee on Agriculture, Nutrition, and Forestry. tures Trading Commission, transmitting, Forestry. EC–3680. A communication from the Prin- pursuant to law, the report of a rule entitled EC–3671. A communication from the Acting cipal Deputy Associate Administrator of the ‘‘17 CFR Part 140—Delegation of Authority Administrator of the Agricultural Marketing Environmental Protection Agency, transmit- to Disclose and Request Information’’ re- Service, Fruit and Vegetable Programs, De- ting, pursuant to law, the report of a rule en- ceived on August 15, 2001; to the Committee partment of Agriculture, transmitting, pur- titled ‘‘Fludioxonil; Pesticide Tolerances for on Agriculture, Nutrition, and Forestry. suant to law, the report of a rule entitled Emergency Exemptions’’ (FRL6797–5) re- EC–3690. A communication from the Acting ‘‘Fresh Prunes Grown in Designated Coun- ceived on August 30, 2001; to the Committee Executive Director of the Commodity Fu- ties in Washington and Umatilla County, Or- on Agriculture, Nutrition, and Forestry. tures Trading Commission, transmitting, egon; Decreased Assessment Rate’’ (Doc. No. EC–3681. A communication from the Con- pursuant to law, the report of a rule entitled FV01–924–1IFR) received on August 17, 2001; gressional Review Coordinator, Animal and ‘‘17 CFR Part 1—Fees for Reviews of the Rule to the Committee on Agriculture, Nutrition, Plant Health Inspection Service, Department Enforcement Programs of Contract Markets and Forestry. of Agriculture, transmitting, pursuant to and Registered Futures Associations’’ re- EC–3672. A communication from the Con- law, the report of a rule entitled ‘‘Citrus ceived on August 15, 2001; to the Committee gressional Review Coordinator , Animal and Canker; Payments for Commercial Citrus on Agriculture, Nutrition, and Forestry. Plant Health Inspection Service, Department Tree Replacement’’ (Doc. No. 00–037–3) re- EC–3691. A communication from the Acting of Agriculture, transmitting, pursuant to ceived on August 17, 2001; to the Committee Executive Director of the Commodity Fu- law, the report of a rule entitled ‘‘Scrapie in on Agriculture, Nutrition, and Forestry. tures Trading Commission, transmitting, Sheep and Goats; Interstate Movement Re- EC–3682. A communication from the Con- pursuant to law, the report of a rule entitled strictions and Indemnity Program’’ (Doc. gressional Review Coordinator, Animal and ‘‘17 CFR Parts 1 and 30—Treatment of Cus- No. 97–093–5) received on August 22, 2001 ; to Plant Health Inspection Service, Department tomer Funds’’ received on August 15, 2001; to the Committee on Agriculture, Nutrition, of Agriculture, transmitting, pursuant to the Committee on Agriculture, Nutrition, and Forestry. law, the report of a rule entitled ‘‘Brucellosis and Forestry. EC–3673. A communication from the Acting in Cattle; State and Area Classifications; EC–3692. A communication from the Acting Executive Director, Commodity Futures Oklahoma’’ (Doc. No. 01–016–2) received on Executive Director of the Commodity Fu- Trading Commission, transmitting, pursuant September 4, 2001; to the Committee on Agri- tures Trading Commission, transmitting, to law, the report of a rule entitled ‘‘17 CFR culture, Nutrition, and Forestry. pursuant to law, the report of a rule entitled Parts 1, 5, 15, 36, 37, 38, 40, 41, 100, 166, 170, and EC–3683. A communication from the Prin- ‘‘Privacy Act of 1974; System of Records; Bi- 180—A New Regulatory Framework for Trad- cipal Deputy Associate Administrator of the ennial Publication’’ received on August 15,

VerDate Mar 15 2010 03:22 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 S9252 CONGRESSIONAL RECORD — SENATE September 10, 2001 2001; to the Committee on Agriculture, Nu- law, the report of a rule entitled ‘‘Safety/Se- United States Coast Guard, Department of trition, and Forestry. curity Zone Regulations: Milwaukee Harbor, Transportation, transmitting, pursuant to EC–3693. A communication from the Acting Milwaukee, WI’’ ((RIN2115–AA97)(2001–0068)) law, the report of a rule entitled ‘‘Draw- Assistant Administrator for Fisheries, Na- received on August 20, 2001; to the Com- bridge Regulations; Mississippi River, Iowa tional Marine Fisheries Service, Department mittee on Commerce, Science, and Transpor- and Illinois’’ ((RIN2115–AE47)(2001–0067)) re- of Commerce, transmitting, pursuant to law, tation. ceived on August 20, 2001; to the Committee the report of a rule entitled ‘‘Pacific Halibut EC–3703. A communication from the Chief on Commerce, Science, and Transportation. Fisheries; Primary Sable Fishery’’ (RIN0648– of the Regulations and Administrative Law, EC–3712. A communication from the Chief AP26) received on August 15, 2001; to the United States Coast Guard, Department of of the Regulations and Administrative Law, Committee on Commerce, Science, and Transportation, transmitting, pursuant to United States Coast Guard, Department of Transportation. law, the report of a rule entitled ‘‘Safety/Se- Transportation, transmitting, pursuant to EC–3694. A communication from the Gen- curity Zone Regulations; Middle Bass Island, law, the report of a rule entitled ‘‘Draw- eral Counsel of the Consumer Product Safety Lake Erie, Ohio’’ ((RIN2115–AA97)(2001–0069)) bridge Regulations: State Road AIA (North Commission, transmitting, pursuant to law, received on August 20, 2001; to the Com- Bridge) Drawbridge, Atlantic Intracoastal the report of a rule entitled ‘‘Child-Resistant mittee on Commerce, Science, and Transpor- Waterway, Fort Pierce, Florida’’ ((RIN2115– Packaging for Certain Over-The-Counter tation. AE47)(2001–0068)) received on August 20, 2001; Drug Products’’ (RIN3041–AB92) received on EC–3704. A communication from the Chief to the Committee on Commerce, Science, August 16, 2001; to the Committee on Com- of the Regulations and Administrative Law, and Transportation. merce, Science, and Transportation. United States Coast Guard, Department of EC–3713. A communication from the Chief EC–3695. A communication from the Chief Transportation, transmitting, pursuant to of the Regulations and Administrative Law, of the Regulations and Administrative Law, law, the report of a rule entitled ‘‘Safety/Se- United States Coast Guard, Department of United States Coast Guard, Department of curity Zone Regulations; Firstar Fireworks Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to Display, Milwaukee Harbor’’ ((RIN2115– law, the report of a rule entitled ‘‘Draw- law, the report of a rule entitled ‘‘Safety/Se- AA97)(2001–0061)) received on August 20, 2001; bridge Regulations; Illinois Water, Illinois’’ curity Zone Regulations; Niagara River, to the Committee on Commerce, Science, ((RIN2115–AE47)(2001–0069)) received on Au- Tonawanda, NY’’ ((RIN2115–AA97)(2001–0070)) and Transportation. gust 20, 2001; to the Committee on Com- received on August 20, 2001; to the Com- EC–3705. A communication from the Chief merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- of the Regulations and Administrative Law, EC–3714. A communication from the Chief tation. United States Coast Guard, Department of of the Regulations and Administrative Law, EC–3696. A communication from the Chief Transportation, transmitting, pursuant to United States Coast Guard, Department of of the Regulations and Administrative Law, law, the report of a rule entitled ‘‘Safety/Se- Transportation, transmitting, pursuant to United States Coast Guard, Department of curity Zone Regulations; Manitowoc Fourth law, the report of a rule entitled ‘‘Safety/Se- Transportation, transmitting, pursuant to of July 2001, Manitowoc, Wisconsin’’ curity Zone Regulations; Sail Detroit and law, the report of a rule entitled ‘‘Draw- ((RIN2115–AA97)(2001–0062)) received on Au- Tall Ship Celebration 2001, Detroit and Sagi- bridge Regulations: Pixcataqua River, ME’’ gust 20, 2001; to the Committee on Com- naw River, MI’’ ((RIN2115–AA97)(2001–0055)) ((RIN2115–AE47)(2001–0064)) received on Au- merce, Science, and Transportation. received on August 20, 2001; to the Com- gust 20, 2001; to the Committee on Com- EC–3706. A communication from the Chief mittee on Commerce, Science, and Transpor- merce, Science, and Transportation. of the Regulations and Administrative Law, tation. EC–3697. A communication from the Chief United States Coast Guard, Department of EC–3715. A communication from the Chief of the Regulations and Administrative Law, Transportation, transmitting, pursuant to of the Regulations and Administrative Law, United States Coast Guard, Department of law, the report of a rule entitled ‘‘Safety/Se- United States Coast Guard, Department of Transportation, transmitting, pursuant to curity Zone Regulations: South Shore Frol- Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Draw- ics Fireworks Display, Milwaukee Harbor’’ law, the report of a rule entitled ‘‘Safety/Se- bridge Regulations: Jamaica Bay and Con- ((RIN2115–AA97)(2001–0063)) received on Au- curity Zone Regulations; Lake Michigan, necting Waterways, NY’’ ((RIN2115– gust 20, 2001; to the Committee on Com- Chicago, IL’’ ((RIN2115–AA97)(2001–0066)) re- AE47)(2001–0063)) received on August 20, 2001; merce, Science, and Transportation. ceived on August 20, 2001; to the Committee to the Committee on Commerce, Science, EC–3707. A communication from the Chief on Commerce, Science, and Transportation. and Transportation. of the Regulations and Administrative Law, EC–3716. A communication from the Chief EC–3698. A communication from the Chief United States Coast Guard, Department of of the Regulations and Administrative Law, of the Regulations and Administrative Law, Transportation, transmitting, pursuant to United States Coast Guard, Department of United States Coast Guard, Department of law, the report of a rule entitled ‘‘Safety/Se- Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to curity Zone Regulations; Cleveland Harbor, law, the report of a rule entitled ‘‘Safety/Se- law, the report of a rule entitled ‘‘Chemical Cleveland, OH’’ ((RIN2115–AA97)(2001–0064)) curity Zone Regulations; Maumee River, To- Testing’’ (RIN2115–AG00) received on August received on August 20, 2001; to the Com- ledo, OH’’ ((RIN2115–AA97)(2001–0058)) re- 20, 2001; to the Committee on Commerce, mittee on Commerce, Science, and Transpor- ceived on August 20, 2001; to the Committee Science, and Transportation. tation. on Commerce, Science, and Transportation. EC–3699. A communication from the Chief EC–3708. A communication from the Chief EC–3717. A communication from the Chief of the Regulations and Administrative Law, of the Regulations and Administrative Law, of the Regulations and Administrative Law, United States Coast Guard, Department of United States Coast Guard, Department of United States Coast Guard, Department of Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Marine law, the report of a rule entitled ‘‘Safety/Se- law, the report of a rule entitled ‘‘Draw- Shipboard Electrical Cable Standards’’ curity Zone Regulations; Fireworks Display, bridge Regulations; Lower Grand, LA’’ (RIN2115–AF89) received on August 20, 2001; Columbia River, Vancouver, Washington’’ ((RIN2115–AE47)(2001–0065)) received on Au- to the Committee on Commerce, Science, ((RIN2115–AA97)(2001–0056)) received on Au- gust 20, 2001; to the Committee on Com- and Transportation. gust 20, 2001; to the Committee on Com- merce, Science, and Transportation. EC–3700. A communication from the Chief merce, Science, and Transportation. EC–3718. A communication from the Chief of the Regulations and Administrative Law, EC–3709. A communication from the Chief of the Regulations and Administrative Law, United States Coast Guard, Department of of the Regulations and Administrative Law, United States Coast Guard, Department of Transportation, transmitting, pursuant to United States Coast Guard, Department of Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Safety/Se- Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Draw- curity Zone Regulations; McArdle Bridge law, the report of a rule entitled ‘‘Safety/Se- bridge Regulations; Massalina Bayou, Flor- Dredge Operations—Boston, Massachusetts’’ curity Zone Regulations; Fireworks Display, ida’’ ((RIN2115–AE47)(2001–0066)) received on ((RIN2115–AA97)(2001–0065)) received on Au- Columbia River, Astoria, Oregon’’ ((RIN2115– August 20, 2001; to the Committee on Com- gust 20, 2001; to the Committee on Com- AA97)(2001–0057)) received on August 20, 2001; merce, Science, and Transportation. merce, Science, and Transportation. to the Committee on Commerce, Science, EC–3719. A communication from the Chief EC–3701. A communication from the Chief and Transportation. of the Regulations and Administrative Law, of the Regulations and Administrative Law, EC–3710. A communication from the Chief United States Coast Guard, Department of United States Coast Guard, Department of of the Regulations and Administrative Law, Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to United States Coast Guard, Department of law, the report of a rule entitled ‘‘Safety/Se- law, the report of a rule entitled ‘‘Safety/Se- Transportation, transmitting, pursuant to curity Zone Regulations; City of Lynn Fire- curity Zone Regulations; Fort Lauderdale, law, the report of a rule entitled ‘‘Safety/Se- works, Lynn, Massachusetts’’ ((RIN2115– Florida’’ ((RIN2114–AA97)(2001–0067)) received curity Zone Regulations; Fourth of July AA97)(2001–0060)) received on August 20 , 2001; on August 20, 2001; to the Committee on Celebration, Weymouth, Massachusetts’’ to the Committee on Commerce, Science, Commerce, Science, and Transportation. ((RIN2115–AA97)(2001–0059)) received on Au- and Transportation. EC–3702. A communication from the Chief gust 20, 2001; to the Committee on Com- EC–3720. A communication from the Attor- of the Regulations and Administrative Law, merce, Science, and Transportation. ney/Advisor of the National Highway Traffic United States Coast Guard, Department of EC–3711. A communication from the Chief Safety Administration, Department of Transportation, transmitting, pursuant to of the Regulations and Administrative Law, Transportation, transmitting, pursuant to

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9253 law, the report of a rule entitled ‘‘Motor- face Area; Phoenix, AZ’’ ((RIN2120– ADDITIONAL COSPONSORS cycle Braking Requirements’’ (RIN2127– AA66)(2001–0140)) received on August 23, 2001; S. 119 AH15) received on August 20 , 2001; to the to the Committee on Commerce, Science, Committee on Commerce, Science, and and Transportation. At the request of Mr. LEAHY, the Transportation. EC–3730. A communication from the Pro- name of the Senator from New Jersey EC–3721. A communication from the Regu- gram Analyst of the Federal Aviation Ad- (Mr. CORZINE) was added as a cosponsor lations Officer of the Federal Motor Carrier ministration, Department of Transportation, of S. 119, a bill to provide States with Safety Administration, Department of transmitting, pursuant to law, the report of funds to support State, regional, and Transportation, transmitting, pursuant to a rule entitled ‘‘Airworthiness Directives: local school construction. law, the report of a rule entitled ‘‘Controlled Boeing Model 737–100 and –200 Series Air- S. 145 Substances and Alcohol Use and Testing’’ planes’’ ((RIN2120–AA64)(2001–0440)) received (RIN2126–AA58) received on August 23, 2001; on August 23, 2001; to the Committee on At the request of Mr. THURMOND, the to the Committee on Commerce, Science, Commerce, Science, and Transportation. names of the Senator from Idaho (Mr. and Transportation. EC–3731. A communication from the Pro- CRAPO) and the Senator from Arkansas EC–3722. A communication from the Acting gram Analyst of the Federal Aviation Ad- (Mrs. LINCOLN) were added as cospon- Assistant Administrator for Fisheries, Na- ministration, Department of Transportation, sors of S. 145, a bill to amend title 10, tional Marine Fisheries Service, Department transmitting, pursuant to law, the report of United States Code, to increase to par- of Commerce, transmitting, pursuant to law, a rule entitled ‘‘Airworthiness Directives: ity with other surviving spouses the the report of a rule entitled ‘‘Fisheries of the McDonnell Douglas Model DC 10–10, –15, –30, basic annuity that is provided under Northeastern United States; Summer Floun- and –30F Series Airplanes; and Model MD–10– the uniformed services Survivor Ben- der, Scup, Black Sea Bass, Loligo Squid, 10F, and –30F Series Airplanes’’ ((RIN2120– Illex Squid, Atlantic Mackerel, Butterfish, AA64)(2001–0441)) received on August 23, 2001; efit Plan for surviving spouses who are and Bluefish Fisheries; Framework Adjust- to the Committee on Commerce, Science, at least 62 years of age, and for other ment 1’’ (RIN0648–AO91) received on August and Transportation. purposes. 23, 2001; to the Committee on Commerce, EC–3732. A communication from the Pro- S. 312 Science, and Transportation. gram Analyst of the Federal Aviation Ad- At the request of Mr. GRASSLEY, the EC–3723. A communication from the Pro- ministration, Department of Transportation, name of the Senator from Missouri gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of (Mr. BOND) was added as a cosponsor of ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: S. 312, a bill to amend the Internal transmitting, pursuant to law, the report of Boeing Model 767–300 Series Airplanes Modi- Revenue Code of 1986 to provide tax re- a rule entitled ‘‘Establishment of a Class E fied by Supplemental Type Certificate Enroute Domestic Airspace Areas, Las SA5765NM or SA5978NM’’ ((RIN2120– lief for farmers and fishermen, and for Vegas, NY; Confirmation of Effective Date’’ AA64)(2001–0438)) received on August 23, 2001; other purposes. ((RIN2120–AA66)(2001–0137)) received on Au- to the Committee on Commerce, Science, S. 486 gust 23, 2001; to the Committee on Com- and Transportation. At the request of Mr. LEAHY, the merce, Science, and Transportation. f name of the Senator from Hawaii (Mr. EC–3724. A communication from the Pro- INOUYE) was added as a cosponsor of S. gram Analyst of the Federal Aviation Ad- INTRODUCTION OF BILLS AND 486, a bill to reduce the risk that inno- ministration, Department of Transportation, JOINT RESOLUTIONS cent persons may be executed, and for transmitting, pursuant to law, the report of The following bills and joint resolu- a rule entitled ‘‘Emergency Medical Equip- other purposes. ment; Docket No. FAA–2000–7119 (8–22/8–23); tions were introduced, read the first S. 550 Correction’’ ((RIN2120–AG89)(2001–0002)) re- and second times by unanimous con- At the request of Mr. DASCHLE, the ceived on August 23, 2001; to the Committee sent, and referred as indicated: name of the Senator from New York on Commerce, Science, and Transportation. By Mr. HAGEL: (Mrs. CLINTON) was added as a cospon- EC–3725. A communication from the Pro- S. 1412. A bill to protect the property sor of S. 550, a bill to amend part E of gram Analyst of the Federal Aviation Ad- rights guaranteed by the fifth amendment to title IV of the Social Security Act to ministration, Department of Transportation, the Constitution by requiring Federal agen- provide equitable access for foster care transmitting, pursuant to law, the report of cies to prepare private property taking im- and adoption services for Indian chil- a rule entitled ‘‘Digital Flight Data Recorder pact analyses and by allowing expanded ac- Resolution Requirements; Request for Com- cess to Federal courts; to the Committee on dren in tribal areas. ments’’ (RIN2120–AH46) received on August Governmental Affairs. S. 554 23, 2001; to the Committee on Commerce, By Mr. LUGAR (for himself and Mr. At the request of Mrs. MURRAY, the Science, and Transportation. HARKIN): names of the Senator from Louisiana EC–3726. A communication from the Pro- S. 1413. A bill to amend the Consolidated (Ms. LANDRIEU) and the Senator from gram Analyst of the Federal Aviation Ad- Farm and Rural Development Act to permit Michigan (Ms. STABENOW) were added ministration, Department of Transportation, borrowers and grantees to use certain rural as cosponsors of S. 554, a bill to amend transmitting, pursuant to law, the report of development loans and grants for other pur- title XVIII of the Social Security Act a rule entitled ‘‘Modification to Chandler poses under certain circumstances; to the Municipal Airport Class D Surface Area; Committee on Agriculture, Nutrition, and to expand medicare coverage of certain Chandler, AZ’’ ((RIN2120–AA66)(2001–0142)) re- Forestry. self-injected biologicals. ceived on August 23, 2001; to the Committee By Mr. CRAIG: S. 572 on Commerce, Science, and Transportation. S. 1414. A bill to provide incentives for At the request of Mr. CHAFEE, the EC–3727. A communication from the Pro- States to establish and administer periodic name of the Senator from California gram Analyst of the Federal Aviation Ad- testing and merit pay programs for elemen- (Mrs. BOXER) was added as a cosponsor ministration, Department of Transportation, tary school and secondary school teachers, of S. 572, a bill to amend title XIX of transmitting, pursuant to law, the report of and for other purposes; to the Committee on a rule entitled ‘‘Modification to Glendale Health, Education, Labor, and Pensions. the Social Security Act to extend Municipal Airport Class D Surface Area; By Mr. HATCH (for himself, Mr. BAU- modifications to DSH allotments pro- Glendale, AZ’’ ((RIN2120–AA66)(2001–0141)) re- CUS, and Mr. DODD): vided under the Medicare, Medicaid, ceived on August 23, 2001; to the Committee S. 1415. A bill to amend the Internal Rev- and SCHIP Benefits Improvement and on Commerce, Science, and Transportation. enue Code of 1986 to enhance book donations Protection Act of 2000. EC–3728. A communication from the Pro- and literacy; to the Committee on Finance. S. 653 gram Analyst of the Federal Aviation Ad- f At the request of Mr. BAYH, the name ministration, Department of Transportation, transmitting, pursuant to law, the report of SUBMISSION OF CONCURRENT AND of the Senator from South Dakota (Mr. a rule entitled ‘‘Modification to Phoenix SENATE RESOLUTIONS DASCHLE) was added as a cosponsor of S. 653, a bill to amend part D of title IV Goodyear Municipal Airport Class D Surface The following concurrent resolutions Area; Phoenix, AZ’’ ((RIN2120–AA66)(2001– of the Social Security Act to provide 0139)) received on August 23, 2001; to the and Senate resolutions were read, and grants to States to encourage media Committee on Commerce, Science, and referred (or acted upon), as indicated: campaigns to promote responsible fa- Transportation. By Mr. CLELAND (for himself, Mrs. therhood skills, and for other purposes. EC–3729. A communication from the Pro- CLINTON, Mr. COCHRAN, and Mrs. S. 677 gram Analyst of the Federal Aviation Ad- MURRAY): ministration, Department of Transportation, S. Res. 158. A resolution honoring the ac- At the request of Mr. HATCH, the transmitting, pursuant to law, the report of complishments and unfailing spirit of women name of the Senator from North Caro- a rule entitled ‘‘Modification to Phoenix in the 20th century; to the Committee on the lina (Mr. EDWARDS) was added as a co- Deer Valley Municipal Airport Class D Sur- Judiciary. sponsor of S. 677, a bill to amend the

VerDate Mar 15 2010 03:22 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 S9254 CONGRESSIONAL RECORD — SENATE September 10, 2001 Internal Revenue Code of 1986 to repeal cers employed by States or their polit- lish a grant program for the rehabilita- the required use of certain principal re- ical subdivisions. tion, preservation, or improvement of payments on mortgage subsidy bond fi- S. 1006 railroad track. nancing to redeem bonds, to modify the At the request of Mr. HAGEL, the S. 1232 purchase price limitation under mort- name of the Senator from Mississippi At the request of Mr. MCCONNELL, gage subsidy bond rules based on me- (Mr. COCHRAN) was added as a cospon- the name of the Senator from Mis- dian family income, and for other pur- sor of S. 1006, a bill to provide for the sissippi (Mr. COCHRAN) was added as a poses. energy security of the United States cosponsor of S. 1232, a bill to provide S. 685 and promote environmental quality by for the effective punishment of online At the request of Mr. BAYH, the enhancing the use of motor vehicle child molesters, and for other purposes. names of the Senator from South Da- fuels from renewable sources, and for S. 1256 kota (Mr. DASCHLE) and the Senator other purposes. At the request of Mrs. FEINSTEIN, the from Massachusetts (Mr. KERRY) were S. 1009 name of the Senator from New Jersey (Mr. CORZINE) was added as a cosponsor added as cosponsors of S. 685, a bill to At the request of Mrs. HUTCHISON, the amend title IV of the Social Security name of the Senator from Michigan of S. 1256, a bill to provide for the reau- thorization of the breast cancer re- Act to strengthen working families, (Ms. STABENOW) was added as a cospon- search special postage stamp, and for and for other purposes. sor of S. 1009, a bill to require the pro- other purposes. S. 710 vision of information to parents and S. 1275 At the request of Mr. KENNEDY, the adults concerning bacterial meningitis name of the Senator from Maine (Ms. and the availability of a vaccination At the request of Mr. KENNEDY, the name of the Senator from North Da- SNOWE) was added as a cosponsor of S. with respect to such diseases. 710, a bill to require coverage for kota (Mr. DORGAN) was added as a co- S. 1030 sponsor of S. 1275, a bill to amend the colorectal cancer screenings. At the request of Mr. CONRAD, the Public Health Service Act to provide S. 790 names of the Senator from Michigan grants for public access defibrillation At the request of Mr. BROWNBACK, the (Mr. LEVIN) and the Senator from programs and public access names of the Senator from Oklahoma Michigan (Ms. STABENOW) were added defibrillation demonstration projects, (Mr. INHOFE) and the Senator from as cosponsors of S. 1030, a bill to im- and for other purposes. E INE Ohio (Mr. D W ) were added as co- prove health care in rural areas by S. 1286 sponsors of S. 790, a bill to amend title amending title XVIII of the Social Se- At the request of Mrs. CARNAHAN, the 18, United States Code, to prohibit curity Act and the Public Health Serv- names of the Senator from Connecticut human cloning. ice Act, and for other purposes. (Mr. LIEBERMAN) and the Senator from S. 826 S. 1075 New Jersey (Mr. CORZINE) were added At the request of Mrs. LINCOLN, the At the request of Mr. BIDEN, the as cosponsors of S. 1286, a bill to pro- name of the Senator from New Jersey name of the Senator from Nevada (Mr. vide for greater access to child care (Mr. CORZINE) was added as a cosponsor REID) was added as a cosponsor of S. services for Federal employees. of S. 826, a bill to amend title XVIII of 1075, a bill to extend and modify the S. 1298 the Social Security Act to eliminate Drug-Free Communities Support Pro- At the request of Mr. HARKIN, the cost-sharing under the medicare pro- gram, to authorize a National Commu- names of the Senator from Michigan gram for bone mass measurements. nity Antidrug Coalition Institute, and (Ms. STABENOW) and the Senator from S. 830 for other purposes. Mississippi (Mr. COCHRAN) were added At the request of Mr. CHAFEE, the S. 1111 as cosponsors of S. 1298, a bill to amend name of the Senator from North Caro- At the request of Mr. CRAIG, the title XIX of the Social Security Act to lina (Mr. EDWARDS) was added as a co- name of the Senator from Oregon (Mr. provide individuals with disabilities sponsor of S. 830, a bill to amend the WYDEN) was added as a cosponsor of S. and older Americans with equal access Public Health Service Act to authorize 1111, a bill to amend the Consolidated to community-based attendant services the Director of the National Institute Farm and Rural Development Act to and supports, and for other purposes. of Environmental Health Sciences to authorize the National Rural Develop- S. 1327 make grants for the development and ment Partnership, and for other pur- At the request of Mr. MCCAIN, the operation of research centers regarding poses. name of the Senator from Texas (Mrs. environmental factors that may be re- S. 1140 HUTCHISON) was added as a cosponsor of lated to the etiology of breast cancer. At the request of Mr. FEINGOLD, the S. 1327, a bill to amend title 49, United S. 885 name of the Senator from North Da- States Code, to provide emergency Sec- retarial authority to resolve airline At the request of Mr. HUTCHINSON, kota (Mr. DORGAN) was added as a co- the name of the Senator from Arkansas sponsor of S. 1140, a bill to amend chap- labor disputes. S. 1397 (Mrs. LINCOLN) was added as a cospon- ter 1 of title 9, United States Code, to sor of S. 885, a bill to amend title XVIII provide for greater fairness in the arbi- At the request of Mr. GRASSLEY, the of the Social Security Act to provide tration process relating to motor vehi- name of the Senator from Idaho (Mr. for national standardized payment cle franchise contracts. CRAIG) was added as a cosponsor of S. 1397, a bill to ensure availability of the amounts for inpatient hospital services S. 1209 furnished under the medicare program. mail to transmit shipments of day-old At the request of Mr. BINGAMAN, the poultry. S. 948 name of the Senator from New York S. 1400 At the request of Mr. LOTT, the name (Mrs. CLINTON) was added as a cospon- At the request of Mr. KYL, the name of the Senator from Ohio (Mr. VOINO- sor of S. 1209, a bill to amend the Trade of the Senator from Texas (Mr. GRAMM) VICH) was added as a cosponsor of S. Act of 1974 to consolidate and improve was added as a cosponsor of S. 1400, a 948, a bill to amend title 23, United the trade adjustment assistance pro- bill to amend the Illegal Immigration States Code, to require the Secretary grams, to provide community-based Reform and Immigrant Responsibility of Transportation to carry out a grant economic development assistance for Act of 1996 to extend the deadline for program for providing financial assist- trade-affected communities, and for aliens to present a border crossing card ance for local rail line relocation other purposes. that contains a biometric identifier projects, and for other purposes. S. 1220 matching the appropriate biometric S. 952 At the request of Mr. BREAUX, the characteristic of the alien. At the request of Mr. GREGG, the names of the Senator from Oregon (Mr. f name of the Senator from Arkansas WYDEN) and the Senator from Iowa (Mrs. LINCOLN) was added as a cospon- (Mr. GRASSLEY) were added as cospon- STATEMENTS ON INTRODUCED sor of S. 952, a bill to provide collective sors of S. 1220, a bill to authorize the BILLS AND JOINT RESOLUTIONS bargaining rights for public safety offi- Secretary of Transportation to estab- By Mr. HAGEL:

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9255 S. 1412. A bill to protect the property species designations are just two examples of DEFENDERS OF PROPERTY RIGHTS, rights guaranteed by the fifth amend- how ‘‘regulatory creep’’ has begun to affect Washington, DC, September 6, 2001. ment to the Constitution by requiring almost every agricultural activity. A little Re: Introduction of the Private Property Federal agencies to prepare private closer to home, recent efforts by EPA to Fairness Act. Hon. CHUCK HAGEL, property taking impact analyses and identify the sun as a source of pollution in the Platte River may only be overshadowed Russell Senate Office Building, by allowing expanded access to Federal by more recent efforts to list the prairie dog Washington, DC. courts; to the Committee on Govern- as a species threatened with extinction. DEAR SENATOR HAGEL: It has come to the mental Affairs. attention of our organization that you are to Mr. HAGEL. Mr. President, Amer- Considering these examples, it has never shortly re-introduce the Private Property been more important for federal agencies to ica’s property owners are increasingly Fairness Act of 1999 [formerly S. 246]. As this be required to conduct an analysis of the ef- country’s only public interest legal founda- pressured by more and more burden- fects of their actions on property rights. As some government regulations and re- tion dedicated exclusively to the protection found in The Private Property Rights Act of of private property rights, Defenders of Prop- strictions. Federal agencies should 2001, agency actions critical to public safety erty Rights commends your efforts to pass comply with state and local laws on or law enforcement would be exempt from this valuable piece of legislation. We would property rights, and ensure that our this requirement. Finally, and most criti- be happy to assist you in your efforts to pass Nation’s policies are implemented with cally, the legislation provides affected prop- this piece of legislation. minimal impact on property owners. erty owners an opportunity to seek relief As you noted when you introduced S. 246 Today, I am reintroducing legislation form federal agencies whose actions result in on January 20, 1999, ‘‘. . . the law of takings that would help enforce the U.S. Con- a taking of private property rights through a is not yet settled to the satisfaction of most federal district court in their state—instead Americans.’’ Our membership includes scores stitution’s guarantee of private prop- of forcing them into the Federal Claims of individual property owners across this na- erty rights. Court in Washington, DC. tion—in courts from coast to coast—whose The Private Property Rights Act constitutionally protected rights to owner- would help protect land owners in two The Private Property Rights Act of 2001 is a solid solution to a growing problem—the ship, use and enjoyment of property are or ways. First, the bill would require the increased impact that federal regulations have been unconstitutionally denied them, we can attest to the accuracy of your obser- Federal Government to conduct an eco- have on property rights guaranteed by the vation. Sadly, Defenders of Property Rights nomic impact analysis prior to taking Fifth Amendment to the U.S. Constitution. can report that there are fewer ‘satisfied’ any action that would inhibit or re- The Nebraska Cattlemen support this legis- Americans now, than when we began our ef- strict the use of private property. For lation and thank you for again taking a lead- forts nearly a dozen years ago. We can state ership role on this important issue. the first time, the government would without exaggeration that while individual Sincerely, be forced to determine in advance how cases of regulatory takings of property with- GREG RUEHLE, its actions will impact the property out just compensation are increasing, the op- Executive Vice President, owner. erative effect of regulations now threatens Nebraksa Cattlemen. Second, when government does take the very existence of entire regions of rural private property or restricts land use, America. the bill would allow landowners to NEBRASKA FARM BUREAU FEDERATION, Like you, Defenders of Property Rights ac- plead their case in a Federal District Lincoln, NE, September 7, 2001. knowledges the need for the rational applica- Hon. CHUCK HAGEL, tion of this nation’s environmental laws to Court instead of forcing them to the Russell Senate Building, protect our natural resources. However, U.S. Court of Federal Claims. This Washington, DC. when government policy and regulation un- means property owners could appeal constitutionally deprive individuals or busi- DEAR SENATOR HAGEL: On behalf of the Ne- any Federal taking of their property in braska Farm Bureau Federation, I would nesses of their private property rights, then their home state, rather than Wash- like to offer our strong support for your bill just and adequate compensation is constitu- tionally required. However, as you correctly ington, D.C. titled ‘‘Private Property Rights’ Act of 2001’’ This bill has won the endorsement of noted in your January 20, 1999 statement, the the Nebraska Cattlemen, the Nebraska As Nebraska’s largest farm organization, cost of bearing too many of the impacts of we have been a long time supporter of legis- Farm Bureau, and the Defenders of regulatory takings are shouldered by the lative efforts to protect property rights for few. And, you rightly stated, ‘‘This is not Property Rights. Their letters of sup- landowners. For years farmers and ranchers fair.’’ We could not agree more. We would port are being submitted for the have seen their property rights erode also add that it is not constitutional. RECORD. through various government actions and reg- We believe that enactment of the successor The Private Property Rights Act is ulations. The problem is only exacerbated by to The Private Property Fairness Act would commonsense legislation that will re- the fact the government has failed to provide arrest the continued diminishment of what turn some justice to the system by full and equitable compensation for the loss the Framers of our Constitution considered a reining in regulatory agencies, as well of the use of property due to government ac- fundamental right—property rights. Addi- as giving the property owner a voice in tions. tionally, we believe that your legislation Your bill would take a giant step forward will impose reasonable restraints on govern- the process. This is the fair thing to do. mental agencies that will add a measure of by providing some protection for landowners’ This is the right thing to do. calculated seriousness to their decisions to property rights. By requiring federal agen- Mr. President, I ask unanimous con- destroy private property. Finally, we are en- cies to prepare private property taking im- sent that additional material be print- couraged to note that your bill would dra- pact analyses and by allowing expanded ac- matically increase the forums available to ed in the RECORD. cess to Federal courts, the bill would cer- private property owners who seek redress There being no objection, the addi- tainly help prevent or reduce the loss of pri- when their property rights are diminished or tional material was ordered to be vate property rights. Government should be printed in the RECORD, as follows: taken. forced to determine in advance how its ac- In short, Defenders of Property Rights is SEPTEMBER 6, 2001. tions would impact the property owner and delighted to register its support for your pro- Hon. CHUCK HAGEL, this bill would put those necessary require- posed legislation. The fundamental impor- U.S. Senate, ments in place. tance of property rights is one of the ani- Washington, DC. In Nebraska, the Endangered Species Act mating principles of our form of government. DEAR SENATOR HAGEL: The Nebraska and wetland regulations have decreased the Moreover, we are enormously encouraged by Cattlemen applaud you for reintroducing use or value on many privately held acres by your leadership on this important issue. We property rights protection legislation, The farmers and ranchers. This legislation would look forward to working with you on this Private Property Rights Act of 2001, in the go a long way towards putting some fairness valuable piece of legislation. 107th Congress. The Association supported back into the system by making agencies Yours truly, similar legislation (S. 246) in the 106th Con- think twice before they act on rules that im- NANCIE G. MARZULLA, gress and extends their support for your ef- pact private property rights and by giving President. forts again this year. property owners a voice in the process. The Private Property Rights Act of 2001 By Mr. LUGAR (for himself and addresses a phenomenon of federal and state Nebraska farmers and ranchers appreciate government growth over the past three dec- your support for private property rights and Mr. HARKIN): ades—regulatory programs that creep into your introduction of this bill. S. 1413. A bill to amend the Consoli- areas and activities they were never envi- Sincerely, dated Farm and Rural Development sioned to impact at their creation. Wetland BRYCE P. NEIDIG, Act to permit borrowers and grantees regulations and endangered or threatened President. to use certain rural development loans

VerDate Mar 15 2010 03:22 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 S9256 CONGRESSIONAL RECORD — SENATE September 10, 2001 and grants for other purposes under proceeds from sale of property acquired lot to contribute to children’s edu- certain circumstances; to the Com- with such funds. cation. It is only appropriate to recog- mittee on Agriculture, Nutrition, and This measure would not require the nize those efforts, too. Forestry. Secretary to approve requests. It sim- The idea of the type of tax credit Mr. LUGAR. Mr. President, I rise to ply allows the Secretary to be fair and contained in this bill has been picking introduce legislation amending the reasonable in considering requests by up steam recently, and many think Consolidated Farm and Rural Develop- communities to alter the original pur- tanks, such as the Cato Institute, the ment Act to allow the Secretary of Ag- pose of the grant or loan. The bene- Mackinac Center, and the Buckeye In- riculture to approve changes to the ficiary of such a change would not reap stitute, have issued reports on tuition original purpose for which a USDA any financial windfall from such a tax credits which clearly illustrate Rural Development grant or loan was change at the expense of the Federal their benefits. A tax credit of this type made when requested by a recipient. government. The Federal government has also begun to be enacted in the real The Rural Community Advancement would retain its financial interest in world. Arizona has had an education Program, as established under the Con any property used for the new purpose tax credit for a few years, and it has Act, consists of separate accounts to approved by the Secretary. proven to be remarkably successful. provide funding for rural community We all know how the needs of com- The Canadian province of Ontario also facilities, rural waste and water utili- munities change over time due to eco- recently enacted a tax credit of this ties, and rural business and cooperative nomic development and demographic type. development. In the 1996 Farm Bill, we change. This measure allows the Sec- Of course, a tax credit is only avail- provided State Directors of Rural De- retary to be fair and reasonable in con- able to people who pay taxes, but my velopment with the authority to trans- sidering requests by communities to bill also benefits low income individ- fer up to 25 percent of funds allocated alter the original purpose of a grant or uals. To address the needs of these peo- to one of those accounts for a State in loan in response to such changes. I am ple, I have included a provision in this a fiscal year to any of the other ac- hopeful my colleagues will join me in bill which would give individuals or counts for which funds were allocated supporting this legislation. corporations a tax credit when they do- for the State in that fiscal year. This nate money to organizations which flexibility allows a State to adjust By Mr. CRAIG: give scholarships to lower income stu- funding among the accounts to meet S. 1414. A bill to provide incentives dents. This would allow funds to go to changing circumstances. For example, for States to establish and administer private organizations so they award in a given year a State may have great- periodic testing and merit pay pro- scholarships, while avoiding any er demand for financial assistance for grams for elementary school and sec- church/state entanglements which con- rural community facilities than for ondary school teachers, and for other cern so many who oppose vouchers. rural business development, and the purposes; to the Committee on Health, The state of Arizona has had success authority we granted in 1996 would Education, Labor, and Pensions. with this program, too. allow a State the flexibility to address Mr. CRAIG. Mr. President, I rise Another important tax component that change in demand. today to introduce the Parent and contained in this bill is one which al- The flexibility provided by the 1996 Teacher Achievement Act of 2001. We lows teachers to take a credit for Farm Bill, however, extended only to spent much of the spring debating the money spent on school supplies for prospective funding. It did not cover Federal Government’s role in edu- their students. Nobody goes into teach- changes to loan and grant purposes cation, and in the end we passed a bill ing to get rich; they do it because they needed by a community after a loan or which gives a lot of money to the edu- recognize their job is one of the most grant has been made. Any post-award cation establishment. Now, however, it important in this Nation, preparing change to the grant or loan purpose is time to work on a policy that ad- our youth for the future. And though would require return to USDA of any dresses what we can do for parents and teachers do not receive lavish salaries, unspent grant or loan funds, or reim- teachers, and how we can let them many of them spend considerable sums bursement to the Federal Government keep some of their money so they can for school supplies for their students. for its proportionate financial interest start improving education from the It is only fair that the Federal Govern- in any property acquired with the loan ground up. ment should not tax this money. The or grant funds. This bill has many important provi- bill also contains a provision that Communities in Pennsylvania, Or- sions, but the most important is the would allow teachers and other school egon, and Oklahoma have faced this di- tax credit for parents and relatives to staff a tax deduction for expenses they lemma when they have sought to pro- use for education expenses. They can incur while improving their education vide space in grant-funded industrial use this credit for any expenses they or job skills. Our teachers need to be parks to businesses that were too large incur when they spend money on their the best trained teachers in the world, to qualify under the terms of their children’s education, such as school and we should encourage this all we Rural Business Enterprise Grant but supplies, computers, private tutors, or can. that otherwise would have been eligible other such expenses. This credit can The final section of this bill would for a Rural Development Business and also be used by parents who home empower teachers by allowing the Sec- Industry loan. An Indiana community school as well as to help offset tuition retary of Education to give grants to has unused property in its grant-funded at private schools. This is not a vouch- States and school districts which set industrial park that it now would like er program nor is it a government sub- up merit pay systems in schools and to use for a critically needed police sidy for private schools. This tax credit implement teacher testing programs, station and water tower. USDA has no is simply the Federal Government rec- as long as those states also have a con- authority to allow any of these com- ognizing that parents know best how to tinuing education requirement as part munities to change the authorized use educate their children. As education of their teacher certification process. for the land for which the grant or loan researcher Andrew Coulson has said, It also has a provision which clarifies originally was made. ‘‘. . . parents have consistently made any Department of Education regula- The measure I offer today would better education choices for their own tions and says that federal funds can be allow the Secretary to approve these children than state-appointed experts used for merit pay systems and for types of requests. Under the bill, a have made on their behalf.’’ The Fed- teacher testing programs. If States and community could request the Sec- eral Government should not penalize school districts find the need to use retary to approve a change in the rural them by taxing the money parents their funds for these programs, the development purpose for previously spend to further that education. It Federal Government should not tie awarded grants and loans to another should be pointed out that this credit them up in red tape and prevent them rural development purpose authorized would also apply to relatives of stu- from meeting their needs as they see under the Con Act. A change in purpose dents if they contribute money towards them. We all know that local educators could be requested only for property educational expenses. We all know that have a much better view of the needs acquired with such funds, or for the grandparents and aunts and uncles do a they encounter, and we in Washington

VerDate Mar 15 2010 03:22 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2001 CONGRESSIONAL RECORD — SENATE S9257 should give them as much freedom as ‘‘(d) USE OF FUNDS.—Funds provided under Revenue Code of 1986 (relating to other cred- possible to meet those needs. this section may be used by States to carry its) is amended by adding at the end the fol- By enacting this bill, the U.S. Senate out the activities described in section 2207. lowing new section: ‘‘(e) DEFINITION OF STATE.—In this section, will be making a firm commitment to ‘‘SEC. 30B. CREDIT FOR CONTRIBUTIONS FOR the term ‘State’ means each of the 50 States THE BENEFIT OF ELEMENTARY AND helping parents and teachers achieve and the District of Columbia.’’. SECONDARY SCHOOLS. education success. Parents in this (b) EFFECTIVE DATE.—The amendments ‘‘(a) ALLOWANCE OF CREDIT.—There shall be country need to have as much freedom made by subsection (a) shall take effect on allowed as a credit against the tax imposed as possible to choose the ways in which October 1, 2001. by this chapter for the taxable year an their children will be educated, and SEC. 3. TEACHER TESTING AND MERIT PAY. amount equal to 75 percent of the qualified charitable contributions of the taxpayer for this bill is a modest step in that direc- (a) IN GENERAL.—Notwithstanding any other provision of law, a State may use Fed- the taxable year. tion. To complement the efforts of par- eral education funds— ‘‘(b) MAXIMUM CREDIT.— ents, though, we need to have teachers (1) to carry out a test of each elementary ‘‘(1) INDIVIDUALS.—In the case of a tax- who are the most qualified and the school or secondary school teacher in the payer other than a corporation, the credit al- most able to meet the needs of the chil- State with respect to the subjects taught by lowed by subsection (a) for any taxable year dren parents send to them every day. the teacher; or shall not exceed $500 ($1,000 in the case of a Encouraging states to implement merit (2) to establish a merit pay program for the joint return). pay and teacher testing, and allowing teachers. ‘‘(2) CORPORATIONS.—In the case of a cor- (b) DEFINITIONS.—In this section, the terms poration, the credit allowed by subsection (a) teachers to have a credit for their edu- ‘‘elementary school’’ and ‘‘secondary school’’ shall not exceed $100,000. cational expenses, will go a long way have the meanings given the terms in sec- ‘‘(c) QUALIFIED CHARITABLE CONTRIBU- towards making this a reality. tion 14101 of the Elementary and Secondary TION.—For purposes of this section— I ask unanimous consent that the Education Act of 1965 (20 U.S.C. 8801). ‘‘(1) IN GENERAL.—The term ‘qualified char- text of the bill be printed in the SEC. 4. NONREFUNDABLE CREDIT FOR ELEMEN- itable contribution’ means, with respect to RECORD. TARY AND SECONDARY SCHOOL EX- any taxable year, the aggregate amount al- PENSES. There being no objection, the bill was lowable as a deduction under section 170 (de- (a) IN GENERAL.—Subpart A of part IV of termined without regard to subsection (d)(1)) ordered to be printed in the RECORD, as subchapter A of chapter 1 of the Internal for cash contributions to a school tuition or- follows: Revenue Code of 1986 (relating to nonrefund- ganization. S. 1414 able personal credits) is amended by insert- ‘‘(2) SCHOOL TUITION ORGANIZATION.— ing after section 25B the following new sec- Be it enacted by the Senate and House of Rep- ‘‘(A) IN GENERAL.—The term ‘school tuition tion: resentatives of the United States of America in organization’ means any organization Congress assembled, ‘‘SEC. 25C. CREDIT FOR ELEMENTARY AND SEC- which— ONDARY SCHOOL EXPENSES. ‘‘(i) is described in section 170(c)(2), SECTION 1. SHORT TITLE. ‘‘(a) ALLOWANCE OF CREDIT.—In the case of This Act may be cited as the ‘‘Parent and ‘‘(ii) allocates at least 90 percent of its an individual, there shall be allowed as a gross income and contributions and gifts to Teacher Achievement Act of 2001’’. credit against the tax imposed by this chap- elementary and secondary school scholar- SEC. 2. STATE INCENTIVES FOR TEACHER TEST- ter for the taxable year an amount equal to ships, and ING AND MERIT PAY. the qualified elementary and secondary edu- ‘‘(iii) awards scholarships to any student (a) AMENDMENTS.—Title II of the Elemen- cation expenses (within the meaning of sec- who is eligible for free or reduced cost lunch tary and Secondary Education Act of 1965 (20 tion 530(b)(4)) with respect to one or more U.S.C. 6601 et seq.) is amended— qualifying students which are paid or in- under the school program established under (1) by redesignating part E as part F; curred by the individual during such taxable the Richard B. Russell National School (2) by redesignating sections 2401 and 2402 year. Lunch Act. LEMENTARY AND SECONDARY SCHOOL as sections 2501 and 2502, respectively; and ‘‘(b) LIMITATIONS.— ‘‘(B) E SCHOLARSHIP.—The term ‘elementary and (3) by inserting after part D the following: ‘‘(1) MAXIMUM CREDIT.—The credit allowed by subsection (a) for any taxable year shall secondary school scholarship’ means any ‘‘PART E—STATE INCENTIVES FOR scholarship excludable from gross income TEACHER TESTING AND MERIT PAY not exceed $1000 per qualifying student. ‘‘(2) MAXIMUM TUITION EXPENSES.—The tui- under section 117 for expenses related to edu- ‘‘SEC. 2401. STATE INCENTIVES FOR TEACHER tion expenses which may be taken into ac- cation at or below the 12th grade. TESTING AND MERIT PAY. count in determining qualified elementary ‘‘(d) SPECIAL RULES.— ‘‘(a) STATE AWARDS.—From funds made and secondary education expenses for any ‘‘(1) DENIAL OF DOUBLE BENEFIT.—No deduc- available under subsection (b) for a fiscal taxable year shall not exceed $500 per quali- tion shall be allowed under this chapter for year, the Secretary shall make an award to fying student. any contribution for which credit is allowed each State that— ‘‘(c) QUALIFYING STUDENT.—For purposes of under this section. ‘‘(1) administers a test to each elementary this section, the term ‘‘qualifying student’’ ‘‘(2) APPLICATION WITH OTHER CREDITS.—The school and secondary school teacher in the means a dependent (within the meaning of credit allowable under subsection (a) for any State, with respect to the subjects taught by section 152) or a relative of the taxpayer who taxable year shall not exceed the excess (if the teacher, every 3 to 5 years; is enrolled in school (as defined in section any) of— ‘‘(2) has an elementary school and sec- 530(b)(4)(B)) on a full-time basis. For pur- ‘‘(A) the regular tax for the taxable year, ondary school teacher compensation system poses of the preceding sentence, the term reduced by the sum of the credits allowable that is based on merit; and ‘relative’ means an individual bearing a rela- under subpart A and the preceding sections ‘‘(3) requires elementary school and sec- tionship to the taxpayer which is described of this subpart, over ondary school teachers to earn continuing in any of paragraphs (1) through (8) of sec- ‘‘(B) the tentative minimum tax for the education credits as part of a State recertifi- tion 152(a). taxable year. cation process. ‘‘(d) DENIAL OF DOUBLE BENEFIT.—No de- ‘‘(3) CONTROLLED GROUPS.—All persons who ‘‘(b) AVAILABLE FUNDING.—Notwith- duction or exclusion shall be allowed under are treated as one employer under subsection standing any other provision of law, the this chapter for any expense for which credit (a) or (b) of section 52 shall be treated as 1 amount of funds that are available to carry is allowed under this section. taxpayer for purposes of this section. out this section for a fiscal year is 50 percent ‘‘(g) ELECTION TO HAVE CREDIT NOT ‘‘(e) ELECTION TO HAVE CREDIT NOT of the amount of funds appropriated to carry APPLY.—A taxpayer may elect to have this APPLY.—A taxpayer may elect to have this out this title that are in excess of the section not apply for any taxable year.’’. section not apply for any taxable year.’’. amount so appropriated for fiscal year 2001, (b) CONFORMING AMENDMENT.—The table of (b) CONFORMING AMENDMENT.—The table of except that no funds shall be available to sections for subpart A of part IV of sub- sections for subpart B of part IV of sub- carry out this section for any fiscal year for chapter A of chapter 1 of the Internal Rev- chapter A of chapter 1 of the Internal Rev- which— enue Code of 1986 is amended by inserting enue Code of 1986 is amended by adding at ‘‘(1) the amount appropriated to carry out after the item relating to section 25B the fol- the end the following new item: this title exceeds $600,000,000; or lowing new item: ‘‘Sec. 30B. Credit for contributions for the ‘‘(2) each of the several States is eligible to ‘‘Sec. 25C. Credit for elementary and sec- benefit of elementary and sec- receive an award under this section. ondary school expenses.’’. ondary schools.’’. ‘‘(c) AWARD AMOUNT.—A State shall receive (c) EFFECTIVE DATE.—The amendments (c) EFFECTIVE DATE.—The amendments an award under this section in an amount made by this section shall apply to taxable made by this section shall apply to taxable that bears the same relation to the total years beginning after December 31, 2001. years beginning after December 31, 2001. amount available for awards under this sec- SEC. 5. CREDIT FOR CONTRIBUTIONS FOR THE SEC. 6. CREDIT TO ELEMENTARY AND SEC- tion for a fiscal year as the number of States BENEFIT OF ELEMENTARY AND SEC- ONDARY SCHOOL TEACHERS WHO that are eligible to receive such an award for ONDARY SCHOOLS. PROVIDE CLASSROOM MATERIALS. the fiscal year bears to the total number of (a) IN GENERAL.—Subpart B of part IV of (a) IN GENERAL.—Subpart B of part IV of all States so eligible for the fiscal year. subchapter A of chapter 1 of the Internal subchapter A of chapter 1 of the Internal

VerDate Mar 15 2010 03:22 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9258 CONGRESSIONAL RECORD — SENATE September 10, 2001 Revenue Code of 1986 (relating to other cred- of a program of professional development schools to qualify as donees and also its), as amended by section 4(a), is amended which is approved and certified by the appro- frequently prohibits libraries and adult by adding at the end the following new sec- priate local educational agency (as defined literacy programs from receiving such tion: by section 14101 of the Elementary and Sec- deductions. This is because these ‘‘SEC. 30C. CREDIT TO ELEMENTARY AND SEC- ondary Education Act of 1965, as in effect on schools, libraries, and literacy pro- ONDARY SCHOOL TEACHERS WHO the date of the enactment of this subpara- PROVIDE CLASSROOM MATERIALS. graph).’’. grams often serve those who are not ‘‘(a) ALLOWANCE OF CREDIT.—In the case of (b) SPECIAL RULES.—Section 62 of the In- needy or are over the age of 18. Further an eligible educator, there shall be allowed ternal Revenue Code of 1986 is amended by complicating the issue, the valuation as a credit against the tax imposed by this adding at the end the following: of donated book inventory has been the chapter for the taxable year an amount ‘‘(d) SPECIAL RULES.—A deduction shall be subject of ongoing disputes between equal to the qualified elementary and sec- allowed under subsection (a)(2)(D) for ex- taxpayers and the IRS. The tax code ondary education expenses which are paid or penses only to the extent the amount of such should not contain obstacles that pro- incurred by the taxpayer during such taxable expenses exceeds the amount excludable vide disincentives to charitable dona- year. under section 135, 529(c)(1), or 530(d)(2) for the tions of books that can enhance learn- ‘‘(b) MAXIMUM CREDIT.—The credit allowed taxable year.’’. by subsection (a) for any taxable year shall (c) EFFECTIVE DATE.—The amendments ing. not exceed $1,000. made by this section shall apply to taxable The bill we are introducing today ad- ‘‘(c) DEFINITIONS.— years beginning after December 31, 2001. dresses the obstacles of donating excess ‘‘(1) ELIGIBLE EDUCATOR.—The term ‘eligi- book inventory by providing a simple ble educator’ means an individual who is a By Mr. HATCH (for himself, Mr. and clear rule whereby any donation of teacher, instructor, counselor, principal, or BAUCUS, and Mr. DODD): book inventory to a qualified school, aide in a school (as defined in section S. 1415. A bill to amend the Internal library, or literacy program is eligible 530(b)(4)(B)) for at least 900 hours during a Revenue Code of 1986 to enhance book for the enhanced deduction. This school year. donations and literacy; to the Com- means that booksellers and publishers ‘‘(2) QUALIFIED ELEMENTARY AND SECONDARY would receive a higher tax benefit for EDUCATION EXPENSES.—The term ‘qualified mittee on Finance. elementary and secondary education ex- Mr. HATCH. Mr. President, I rise donating the books rather than throw- penses’ means expenses for books, supplies today to introduce legislation designed ing them away and would thus be en- (other than nonathletic supplies for courses to clarify and enhance the charitable couraged to go to the extra trouble and of instruction in health or physical edu- contribution tax deduction for dona- expense of seeking out qualified donees cation), computer equipment (including re- tions of excess book inventory for edu- and making the contributions. lated software and services) and other equip- cational purposes. I am pleased to be My home State of Utah, like the rest ment, and supplementary materials used by joined in this effort by my good friends of the Nation, has a problem with illit- an eligible educator in the classroom. and colleagues Senators BAUCUS and eracy. According to the National Insti- ‘‘(d) SPECIAL RULES.— tute for Literacy, between 21 and 23 ‘‘(1) DENIAL OF DOUBLE BENEFIT.—No deduc- DODD. This proposal would simplify a tion shall be allowed under this chapter for complex area of the current law and percent of the adult population of the any expense for which credit is allowed eliminate significant roadblocks that United States, about 44 million people, under this section. now stand in the way of corporations are only at Level 1 literacy, meaning ‘‘(2) APPLICATION WITH OTHER CREDITS.—The with excess book inventory to donating they can read a little but not well credit allowable under subsection (a) for any those books to schools, libraries, and enough to fill out an application, read taxable year shall not exceed the excess (if literacy programs, where they are a food label, or read a simple story to any) of— a child. Another 25 to 28 percent of the ‘‘(A) the regular tax for the taxable year, much needed. Unfortunately, our current tax law adult population, or between 45 and 50 reduced by the sum of the credits allowable million people, are estimated to be at under subpart A and the preceding sections contains a major flaw when it comes to of this subpart, over the donation of books that are excess Level 2 literacy, meaning they can usu- ‘‘(B) the tentative minimum tax for the inventory for publishers or booksellers. ally can perform more complex tasks taxable year. The tax benefits for donating such such as comparing, contrasting, or in- ‘‘(e) ELECTION TO HAVE CREDIT NOT books to schools or libraries are often tegrating pieces of information but APPLY.—A taxpayer may elect to have this no greater than those of sending the usually not higher level reading and section not apply for any taxable year.’’. books to the landfill. And, since it is problem-solving skills. Literacy ex- (b) CLERICAL AMENDMENT.—The table of perts tell us that adults with skills at sections for subpart B of part IV of sub- generally cheaper and faster for a com- pany to simply send the books to the Levels 1 and 2 lack a sufficient founda- chapter A of chapter 1 of the Internal Rev- tion of basic skills to function success- enue Code of 1986, as amended by section dump, rather than go through the trou- 4(b), is amended by adding at the end the fol- ble and cost of finding donees, and of fully in our society. While this bill is not a cure-all for lowing new item: packing, storing, and shipping the the tragedy of illiteracy, it will in- books, it often ends up being more cost ‘‘Sec. 30C. Credit to elementary and sec- crease access to books, both for adults ondary school teachers who effective and easier for companies to and for children. Our tax code should provide classroom materials.’’. truck the books to a landfill or recy- not encourage the destruction of per- (c) EFFECTIVE DATE.—The amendments cling center. fectly good books while schools, librar- made by this section shall apply to taxable While there are provisions in the cur- years beginning after December 31, 2001. ies, and literacy programs go begging rent law where a larger deduction is for them. SEC. 7. ADJUSTED GROSS INCOME DETERMINED available for the donation of excess BY TAKING INTO ACCOUNT PROFES- The Senate is already on record in SIONAL DEVELOPMENT EXPENSES books, many companies have found unanimous support of this bill. During OF ELEMENTARY AND SECONDARY that the complexity and uncertainty of the floor debate on the Economic SCHOOL TEACHERS. dealing with the requirements, regula- Growth and Tax Relief Reconciliation (a) IN GENERAL.—Section 62(a)(2) of the In- tions, and possible Internal Revenue ternal Revenue Code of 1986 (relating to cer- Act of 2001, I offered this proposal as an Service challenges of the higher deduc- amendment, which was accepted with- tain trade and business deductions of em- tion serve as a real disincentive to ployees) is amended by adding at the end the out opposition. Unfortunately, the pro- following: making a contribution. vision was dropped in the conference ‘‘(D) PROFESSIONAL DEVELOPMENT EXPENSES This is a sad situation, when one con- with the House. OF ELEMENTARY AND SECONDARY SCHOOL siders that many, if not most, of these The Joint Committee on Taxation es- TEACHERS.—The deductions allowed by sec- books would be warmly welcomed by timates this provision to decrease reve- tion 162 which consist of expenses, not in ex- schools, libraries, and literacy pro- nues to the Treasury by $246 million cess of $1,500, paid or incurred by an eligible grams. over a ten year period. This estimate educator (as defined section 30C(c)(1)) by rea- The heart of the problem is that helps demonstrate the extent of the son of the participation of the educator in under the current law, the higher de- professional development courses which are value of the books that are currently related to the curriculum and academic sub- duction requires that the donated being discarded that could be utilized jects in which the educator provides instruc- books be used only for the care of the to help America’s adults and children. tion or to the students for which the educa- needy, the sick, or infants. This re- I hope our colleagues will join us in tor provides instruction and which are part quirement makes it difficult for supporting this bill. It is wrong for our

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9259 tax code to encourage book publishers the success of the reading programs in cialists, technicians, soldiers, airmen, and to send books to the landfill instead of both bills. This provision will increase marines on the battlefields, and as sailors to the library. Let’s correct this prob- children’s access to books, introduce aboard Navy and Coast Guard ships at sea; lem. them to whole new worlds of knowl- Whereas the 20th century saw women in new roles as justices on the Supreme Court, I ask unanimous consent that the edge, and enable them to read more at members of the President’s Executive Cabi- text of the bill be printed in the school, in libraries, and at home. net, and Members of Congress; RECORD. This is important, because in a re- Whereas women’s contributions have be- There being no objection, the bill was cent study of 15 countries, the United come invaluable as Federal, State, and local ordered to be printed in the RECORD, as States was 12th in the percentage of 13- legislators, Governors, judges, Cabinet offi- follows: year-olds who read for fun. Of course, cers, county commissioners, mayors, city S. 1415 reading for fun is valuable for its own council members, and directors of Federal, State, and local agencies; Be it enacted by the Senate and House of Rep- sake, but it also is an important indi- Whereas women made significant strides in resentatives of the United States of America in cator of academic achievement. For ex- the 20th century, yet as we enter the 21st Congress assembled, ample, students who read on their own century women continue to face inequality; SECTION 1. CONTRIBUTIONS OF BOOK INVEN- do better on both math and reading Whereas women are disparately excluded TORY. tests. from health care research, clinical trials, (a) IN GENERAL.—Section 170(e)(3) of the In- ternal Revenue Code of 1986 (relating to cer- So, I believe that this provision is ex- and treatment; tain contributions of ordinary income and actly the sort of good bipartisan tax Whereas women continue to be underrep- capital gain property) is amended by adding and public policy that we ought to be resented in science and technology careers; at the end the following new subparagraph: promoting in the Senate, and I ask my Whereas women are often paid only 72 cents for each 1 dollar paid to men for the ‘‘(D) SPECIAL RULE FOR CONTRIBUTIONS OF colleagues to join Senators HATCH, same work; BOOK INVENTORY FOR EDUCATIONAL PUR- BAUCUS, and myself in supporting this Whereas women are disproportionately af- POSES.— bill. fected by poverty and elderly women are ‘‘(i) CONTRIBUTIONS OF BOOK INVENTORY.—In determining whether a qualified book con- f generally more dependent on the social secu- tribution is a qualified contribution, sub- rity program under title II of the Social Se- paragraph (A) shall be applied without re- STATEMENTS ON SUBMITTED curity Act; and gard to whether or not— RESOLUTIONS Whereas women can reflect upon the op- ‘‘(I) the donee is an organization described portunities created during the 20th century in the matter preceding clause (i) of subpara- and look toward even greater accomplish- graph (A), and SENATE RESOLUTION 158—HON- ments in the 21st century: Now, therefore, be ‘‘(II) the property is to be used by the it ORING THE ACCOMPLISHMENTS Resolved, That the Senate— donee solely for the care of the ill, the needy, AND UNFAILING SPIRIT OF (1) honors and commends the accomplish- or infants. WOMEN IN THE 20TH CENTURY ments and unfailing spirit of women in the ‘‘(ii) QUALIFIED BOOK CONTRIBUTION.—For 20th century; purposes of this paragraph, the term ‘quali- Mr. CLELAND (for himself, Mrs. (2) recognizes the crucial roles of women in fied book contribution’ means a charitable CLINTON, Mr. COCHRAN, and Mrs. MUR- our communities as mothers, wives, and fam- contribution of books, but only if the con- RAY) submitted the following resolu- ily caregivers; tribution is to an organization— tion; which was referred to the Com- (3) recognizes the disparity in equality ‘‘(I) described in subclause (I) or (III) of mittee on the Judiciary: that women still face; paragraph (6)(B)(i), or S. RES. 158 (4) reaffirms the need to prevent and pun- ‘‘(II) described in section 501(c)(3) and ex- ish violence against women so that women empt from tax under section 501(a) which is Whereas women should be celebrated for may be safe from domestic violence, sexual organized primarily to make books available the unparalleled strides made during the assault, elder abuse, and violence in the to the general public at no cost or to operate 20th century in education, professional ca- workplace; a literacy program.’’. reers, legal rights, politics, military service, (5) recognizes that women should have (b) EFFECTIVE DATE.—The amendment religion, sports, and self-reliance; equal access to health care and inclusion in made by this section shall apply to contribu- Whereas at the dawn of the 20th century, research and clinical trials; tions made after the date of the enactment women in the United States were denied (6) recognizes the need for equality in voca- of this Act. their constitutional right to equal protec- tional and academic education; Mr. DODD. Mr. President, I rise with tion of the law, including the right to vote; Whereas the women’s suffrage movement, (7) recognizes that the pay gap should be my colleagues Senator HATCH and Sen- the largest grassroots political movement in closed; ator BAUCUS to introduce a measure to the Nation’s history, involved approximately (8) commits to preserving the social secu- encourage book publishers to donate 2,000,000 women and took more than 70 years rity program under title II of the Social Se- excess inventory to schools, libraries, of petitions, referenda, speeches, national curity Act and the medicare program under and literacy programs. and State campaigns, demonstrations, ar- title XVIII of such Act; and Currently, because of the TAX rests, and hunger strikes; (9) pledges to make the 21st century the ‘‘Century of Equal Opportunity for Women’’. CODE’s treatment of such donations, Whereas women won the right to vote and the cost of shipping books to throughout the United States with the rati- Mr. CLELAND. Mr. President, I rise schools and libraries, often it is more fication of the 19th amendment to the Con- stitution in 1920, and by the end of the cen- today to submit a resolution recog- economical for publishers to destroy tury women were voting in larger numbers nizing the 21st century as the ‘‘Century books than to donate them. That is as than men in some national elections; of Equal Opportunity for Women.’’ shocking as it is unacceptable. Whereas women represent an increasing This proposal recognizes that as we Both the House and Senate versions percentage of the population awarded college enter the 21st century, it is essential of the education bills that currently and postgraduate degrees; that we note the great strides made by are in conference authorize nearly $1 Whereas women are increasingly owning women in the 20th century as well as billion dollars for grants to State and businesses and working to narrow the pay recognizing fundamental inequalities local educational agencies for pre-read- gap between women and men; still faced by women as we begin the Whereas in World War I, women were only ing or reading programs for children allowed to serve in the Army as nurses, and 21st century. The need for this resolu- from pre-kindergarten through 3rd approximately 10,000 of the 30,000 women tion comes from the important require- grade. I think it goes without saying that served in World War I served as volun- ment to acknowledge past achieve- that programs to teach kids to read teers overseas, with no rank and no benefits; ments but to also address specific areas won’t work unless they can provide Whereas during the 20th century, women where further improvements are need- kids with access to books. You can’t served the Nation proudly and capably in the ed in order to ensure that women are learn to read if you don’t have any- Armed Forces, including duty in World War given equal opportunity. thing to read. I, World War II, Korea, Vietnam, Panama, Unfortunately, women continue to That is why measures such as this, Libya, the Persian Gulf, Bosnia, Kosovo, and face challenges and disparities in areas in supportive roles during all of these con- and the provision in the Senate’s edu- flicts; like health care and wages. This reso- cation bill to help school libraries ac- Whereas women now serve in all ranks and lution acknowledges inequities such as quire up-to-date books and to remain branches of the Armed Forces as pilots, in- the pay gap and challenges us to see open for longer hours, are essential to telligence specialists, drill instructors, spe- that these issues are addressed so that

VerDate Mar 15 2010 03:22 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 S9260 CONGRESSIONAL RECORD — SENATE September 10, 2001 women may have not just more oppor- Commerce, Justice, and State, the Ju- DETENTION TRUSTEE tunities, but equal opportunities. The diciary, and related agencies for the For necessary expenses of the Federal De- measure is supported by the American fiscal year ending September 30, 2002, tention Trustee who shall exercise all power Association of University Women. I, and for other purposes; as follows: and functions authorized by law relating to the detention of Federal prisoners in non- along with co-sponsors Senators CLIN- Strike all after the enacting clause and in- Federal institutions or otherwise in the cus- TON OCHRAN URRAY sert the following: That the following sums , C , and M , urge our tody of the United States Marshals Service; are appropriated, out of any money in the colleagues to support this resolution and the detention of aliens in the custody of Treasury not otherwise appropriated, for the and recognize the 21st century as the the Immigration and Naturalization Service, fiscal year ending September 30, 2002, and for ‘‘Century of Equal Opportunity for $88,884,000, of which $87,166,000 shall be avail- other purposes, namely: Women.’’ able only for prisoner movements handled by TITLE I—DEPARTMENT OF JUSTICE f the Justice Prisoner and Alien Transpor- GENERAL ADMINISTRATION tation System: Provided, That the Trustee AMENDMENTS SUBMITTED AND SALARIES AND EXPENSES shall be responsible for overseeing construc- PROPOSED tion of detention facilities or for housing re- For expenses necessary for the administra- lated to such detention; the management of SA 1533. Mr. HOLLINGS (for himself and tion of the Department of Justice, $93,433,000, funds appropriated to the Department for Mr. GREGG) proposed an amendment to the of which not to exceed $3,317,000 is for the the exercise of any detention functions; and bill H.R. 2500, making appropriations for the Facilities Program 2000, to remain available the direction of the United States Marshals Departments of Commerce, Justice, and until expended: Provided, That not to exceed Service and Immigration and Naturalization State, the Judiciary, and related agencies for 43 permanent positions and 44 full-time Service with respect to the exercise of deten- the fiscal year ending September 30, 2002, and equivalent workyears and $8,136,000 shall be tion policy setting and operations for the De- for other purposes. expended for the Department Leadership partment. SA 1534. Mr. KENNEDY submitted an Program: Provided further, That not to ex- amendment intended to be proposed by him ceed 41 permanent positions and 48 full-time OFFICE OF INSPECTOR GENERAL to the bill H.R. 2500, supra; which was or- equivalent workyears and $4,811,000 shall be For necessary expenses of the Office of In- dered to lie on the table. expended for the Offices of Legislative Af- spector General in carrying out the provi- SA 1535. Mr. HOLLINGS (for himself and fairs and Public Affairs: Provided further, sions of the Inspector General Act of 1978, as Mr. GREGG) proposed an amendment to the That the Attorney General is authorized to amended, $46,006,000; including not to exceed bill H.R. 2500, supra. transfer, under such terms and conditions as $10,000 to meet unforeseen emergencies of a SA 1536. Mr. CRAIG (for himself, Mr. MIL- the Attorney General shall specify, forfeited confidential character, to be expended under LER, Mr. HELMS, Mr. SMITH, of New Hamp- real or personal property of limited or mar- the direction of, and to be accounted for shire, Mr. ALLEN, Mr. CRAPO, Mr. LOTT, Mr. ginal value, as such value is determined by solely under the certificate of, the Attorney NICKLES, Mr. SANTORUM, Mr. BENNETT, Mr. guidelines established by the Attorney Gen- General; and for the acquisition, lease, main- ALLARD, Mr. KYL, Mr. BOND, and Mr. INHOFE) eral, to a State or local government agency, tenance, and operation of motor vehicles, proposed an amendment to the bill H.R. 2500, or its designated contractor or transferee, without regard to the general purchase price supra. for use to support drug abuse treatment, limitation for the current fiscal year. SA 1537. Mr. CRAIG proposed an amend- drug and crime prevention and education, UNITED STATES PAROLE COMMISSION ment to amendment SA 1536 proposed by Mr. housing, job skills, and other community- SALARIES AND EXPENSES CRAIG to the bill (H.R. 2500) supra. based public health and safety programs: For necessary expenses of the United SA 1538. Mr. SMITH, of New Hampshire Provided further, That any transfer under the States Parole Commission as authorized by (for himself, Mr. HARKIN, Mr. WARNER, Mr. preceding proviso shall not create or confer law, $8,836,000. INHOFE, Mr. COCHRAN, Mr. ALLARD, Mr. any private right of action in any person CAMPBELL, and Mr. JOHNSON) proposed an against the United States, and shall be treat- LEGAL ACTIVITIES amendment to the bill H.R. 2500, supra. ed as a reprogramming under section 605 of SALARIES AND EXPENSES, GENERAL LEGAL SA 1539. Mr. WELLSTONE (for himself, Mr. this Act. ACTIVITIES ELMS OHL EINGOLD H , Mr. K , Mr. F , and Mr. JOINT AUTOMATED BOOKING SYSTEM For expenses necessary for the legal activi- AKAKA) submitted an amendment intended ties of the Department of Justice, not other- to be proposed by him to the bill H.R. 2500, For expenses necessary for the nationwide deployment of a Joint Automated Booking wise provided for, including not to exceed supra; which was ordered to lie on the table. $20,000 for expenses of collecting evidence, to SA 1540. Mr. SMITH, of New Hampshire System including automated capability to transmit fingerprint and image data, be expended under the direction of, and to be submitted an amendment intended to be pro- accounted for solely under the certificate of, posed by him to the bill H.R. 2500, supra; $22,500,000, to remain available until ex- pended. the Attorney General; and rent of private or which was ordered to lie on the table. Government-owned space in the District of SA 1541. Mr. CRAIG (for himself, Mr. LEGAL ACTIVITIES OFFICE AUTOMATION Columbia, $527,543,000: Provided, That of the CRAPO, Mr. BENNETT, Mr. ALLEN, and Mr. For necessary office-automation expenses funds made available in this appropriation, HATCH) submitted an amendment intended to of organizations funded under the headings $2,612,000 shall remain available until ex- be proposed by him to the bill H.R. 2500, ‘‘Salaries and Expenses’’, General Legal Ac- pended only for courtroom technology: Pro- supra; which was ordered to lie on the table. tivities, and ‘‘Salaries and Expenses’’, Gen- vided further, That of the total amount ap- SA 1542. Mr. DORGAN (for himself and Mr. eral Administration, and of the United propriated, not to exceed $1,000 shall be KERRY) proposed an amendment to the bill States Attorneys, the United States Mar- available to the United States National Cen- H.R. 2500, supra. shals Service, the Antitrust Division, the tral Bureau, INTERPOL, for representation SA 1543. Mr. DORGAN proposed an amend- United States Trustee Program, the Execu- expenses. ment to the bill H.R. 2500, supra. tive Office for Immigration Review, and the In addition, for reimbursement of expenses SA 1544. Mrs. FEINSTEIN submitted an Community Relations Service, $34,600,000, to of the Department of Justice associated with amendment intended to be proposed by her remain available until expended. processing cases under the National Child- to the bill H.R. 2500, supra; which was or- NARROWBAND COMMUNICATIONS hood Vaccine Injury Act of 1986, as amended, dered to lie on the table. not to exceed $4,028,000, to be appropriated SA 1545. Mrs. FEINSTEIN submitted an For the costs of conversion to narrowband communications, including the cost for oper- from the Vaccine Injury Compensation Trust amendment intended to be proposed by her Fund. to the bill H.R. 2500, supra; which was or- ation and maintenance of Land Mobile Radio SALARIES AND EXPENSES, ANTITRUST DIVISION dered to lie on the table. legacy systems, $204,549,000, to remain avail- SA 1546. Ms. COLLINS (for herself and Ms. able until expended. For expenses necessary for the enforce- SNOWE) submitted an amendment intended PORT SECURITY ment of antitrust and kindred laws, $130,791,000: Provided, That, notwithstanding to be proposed by her to the bill H.R. 2500, For expenses necessary for counter-ter- any other provision of law, not to exceed supra; which was ordered to lie on the table. rorism, counter-narcotics, and other law en- $130,791,000 of offsetting collections derived SA 1547. Mr. SMITH, of New Hampshire forcement activities at United States sea- from fees collected for premerger notifica- submitted an amendment intended to be pro- ports, including Great Lakes ports, tion filings under the Hart-Scott-Rodino posed by him to the bill H.R. 2500, supra; $39,950,000, to remain available until ex- Antitrust Improvements Act of 1976 (15 which was ordered to lie on the table. pended, to be available only for facilities, U.S.C. 18a), regardless of the year of collec- equipment, and supplies occupied or used by f tion, shall be retained and used for necessary federal law enforcement agencies, including expenses in this appropriation, and shall re- TEXT OF AMENDMENTS the United States Customs Service. main available until expended: Provided fur- SA 1533. Mr. HOLLINGS (for himself ADMINISTRATIVE REVIEW AND APPEALS ther, That the sum herein appropriated from and Mr. GREGG) proposed an amend- For expenses necessary for the administra- the general fund shall be reduced as such off- ment to the bill H.R. 2500, making ap- tion of pardon and clemency petitions and setting collections are received during fiscal propriations for the Departments of immigration related activities, $45,813,000. year 2002, so as to result in a final fiscal year

VerDate Mar 15 2010 03:22 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2001 CONGRESSIONAL RECORD — SENATE S9261 2002 appropriation from the general fund es- tion for the current fiscal year, $644,746,000; by the Radiation Exposure Compensation timated at not more than $0. of which not to exceed $6,000 shall be avail- Act as in effect on June 1, 2000, $10,776,000. SALARIES AND EXPENSES, UNITED STATES able for official reception and representation INTERAGENCY LAW ENFORCEMENT expenses; and of which not to exceed ATTORNEYS INTERAGENCY CRIME AND DRUG ENFORCEMENT $4,000,000 for development, implementation, For necessary expenses of the Offices of the For necessary expenses for the detection, United States Attorneys, including inter- maintenance and support, and training for an automated prisoner information system investigation, and prosecution of individuals governmental and cooperative agreements, involved in organized crime drug trafficking $1,260,353,000; of which not to exceed $2,500,000 shall remain available until expended. In addition, for the costs of courthouse se- not otherwise provided for, to include inter- shall be available until September 30, 2003, governmental agreements with State and for: (1) training personnel in debt collection; curity equipment, including furnishings, re- locations, and telephone systems and ca- local law enforcement agencies engaged in (2) locating debtors and their property; (3) the investigation and prosecution of individ- paying the net costs of selling property; and bling, $18,145,000, to remain available until expended. uals involved in organized crime drug traf- (4) tracking debts owed to the United States ficking, $336,966,000, of which $50,000,000 shall CONSTRUCTION Government: Provided, That of the total remain available until expended: Provided, amount appropriated, not to exceed $8,000 For planning, constructing, renovating, That any amounts obligated from appropria- shall be available for official reception and equipping, and maintaining United States tions under this heading may be used under representation expenses: Provided further, Marshals Service prisoner-holding space in authorities available to the organizations re- That of the amount made available under United States courthouses and Federal build- imbursed from this appropriation: Provided this heading, $6,000,000 shall be available ings, including the renovation and expansion further, That any unobligated balances re- only to procure, operate, and maintain gun- of prisoner movement areas, elevators, and maining available at the end of the fiscal fire surveillance equipment to support gun sallyports, $25,812,000, to remain available year shall revert to the Attorney General for prosecution initiatives in high crime areas: until expended. reallocation among participating organiza- Provided further, That not to exceed JUSTICE PRISONER AND ALIEN TRANSPORTATION tions in succeeding fiscal years, subject to $10,000,000 of those funds available for auto- SYSTEM FUND, UNITED STATES MARSHALS the reprogramming procedures described in mated litigation support contracts shall re- SERVICE section 605 of this Act. main available until expended: Provided fur- For necessary expenses to procure replace- FEDERAL BUREAU OF INVESTIGATION ther, That, notwithstanding any other provi- ment aircraft, $53,050,000, to remain available SALARIES AND EXPENSES sion of law, the Attorney General shall until expended, shall be available only for For necessary expenses of the Federal Bu- transfer to the Department of Justice Work- the purchase of two long-range, wide body reau of Investigation for detection, inves- ing Capital Fund, unobligated, all unex- aircraft. pended funds appropriated by the first head- tigation, and prosecution of crimes against ing of chapter 2 of title II of division B of FEDERAL PRISONER DETENTION the United States; including purchase for po- Public Law 106–246 and by section 202 of divi- For expenses, related to United States lice-type use of not to exceed 1,354 passenger sion A of appendix H.R. 5666 of Public Law prisoners in the custody of the United States motor vehicles, of which 1,190 will be for re- 106–554: Provided further, That not to exceed Marshals Service, but not including expenses placement only, without regard to the gen- $2,500,000 for the operation of the National otherwise provided for in appropriations eral purchase price limitation for the cur- Advocacy Center shall remain available available to the Attorney General, rent fiscal year, and hire of passenger motor until expended: Provided further, That the $724,682,000, to remain available until ex- vehicles; acquisition, lease, maintenance, fourth proviso under the heading ‘‘Salaries pended. and operation of aircraft; and not to exceed and Expenses, United States Attorneys’’ in FEES AND EXPENSES OF WITNESSES $70,000 to meet unforeseen emergencies of a title I of H.R. 3421 of the 106th Congress, as For expenses, mileage, compensation, and confidential character, to be expended under enacted by section 1000(a)(1) of Public Law per diems of witnesses, for expenses of con- the direction of, and to be accounted for 106–113 shall apply to amounts made avail- tracts for the procurement and supervision solely under the certificate of, the Attorney able under this heading for fiscal year 2002: of expert witnesses, for private counsel ex- General, $3,425,041,000; of which not to exceed Provided further, That, in addition to reim- penses, and for per diems in lieu of subsist- $50,000,000 for automated data processing and bursable full-time equivalent workyears ence, as authorized by law, including ad- telecommunications and technical investiga- available to the Offices of the United States vances, $156,145,000, to remain available until tive equipment and not to exceed $1,000,000 Attorneys, not to exceed 9,539 positions and expended; of which not to exceed $6,000,000 for undercover operations shall remain avail- 9,607 full-time equivalent workyears shall be may be made available for planning, con- able until September 30, 2003; of which not supported from the funds appropriated in struction, renovations, maintenance, remod- less than $485,278,000 shall be for counterter- this Act for the United States Attorneys. eling, and repair of buildings, and the pur- rorism investigations, foreign counterintel- UNITED STATES TRUSTEE SYSTEM FUND chase of equipment incident thereto, for pro- ligence, and other activities related to our For necessary expenses of the United tected witness safesites; of which not to ex- national security; of which not to exceed States Trustee Program, as authorized by 28 ceed $1,000,000 may be made available for the $10,000,000 is authorized to be made available U.S.C. 589a(a), $154,044,000, to remain avail- purchase and maintenance of armored vehi- for making advances for expenses arising out able until expended and to be derived from cles for transportation of protected wit- of contractual or reimbursable agreements the United States Trustee System Fund: Pro- nesses; and of which not to exceed $5,000,000 with State and local law enforcement agen- vided, That, notwithstanding any other pro- may be made available for the purchase, in- cies while engaged in cooperative activities vision of law, deposits to the Fund shall be stallation, and maintenance of secure tele- related to violent crime, terrorism, orga- available in such amounts as may be nec- communications equipment and a secure nized crime, and drug investigations: Pro- essary to pay refunds due depositors: Pro- automated information network to store and vided, That not to exceed $45,000 shall be vided further, That, notwithstanding any retrieve the identities and locations of pro- available for official reception and represen- other provision of law, $154,044,000 of offset- tected witnesses. tation expenses: Provided further, That of the amount made available under this heading, ting collections pursuant to 28 U.S.C. 589a(b) SALARIES AND EXPENSES, COMMUNITY $53,000 shall be available only to reimburse shall be retained and used for necessary ex- RELATIONS SERVICE penses in this appropriation and remain Acadian Ambulance & Air Med Services for For necessary expenses of the Community costs incurred during the December 1999 pris- available until expended: Provided further, Relations Service, $9,269,000 and, in addition, That the sum herein appropriated from the on riot in St. Martin Parish Correctional up to $1,000,000 of funds made available to Center, St. Martin Parish, Louisiana. Fund shall be reduced as such offsetting col- the Department of Justice in this Act may CONSTRUCTION lections are received during fiscal year 2002, be transferred by the Attorney General to so as to result in a final fiscal year 2002 ap- this account. For necessary expenses to construct or ac- propriation from the Fund estimated at $0. quire buildings and sites by purchase, or as ASSETS FORFEITURE FUND SALARIES AND EXPENSES, FOREIGN CLAIMS otherwise authorized by law (including For expenses authorized by 28 U.S.C. SETTLEMENT COMMISSION equipment for such buildings); conversion 524(c)(1)(A)(ii), (B), (F), and (G), as amended, For expenses necessary to carry out the ac- and extension of federally-owned buildings; $22,949,000, to be derived from the Depart- and preliminary planning and design of tivities of the Foreign Claims Settlement ment of Justice Assets Forfeiture Fund. Commission, including services as author- projects; $44,074,000, to remain available RADIATION EXPOSURE COMPENSATION ized by 5 U.S.C. 3109, $1,130,000. until expended. ADMINISTRATIVE EXPENSES SALARIES AND EXPENSES, UNITED STATES DRUG ENFORCEMENT ADMINISTRATION MARSHALS SERVICE For necessary administrative expenses in SALARIES AND EXPENSES For necessary expenses of the United accordance with the Radiation Exposure For necessary expenses of the Drug En- States Marshals Service, including the ac- Compensation Act, $1,996,000. forcement Administration, including not to quisition, lease, maintenance, and operation PAYMENT TO RADIATION EXPOSURE exceed $70,000 to meet unforeseen emer- of vehicles, and the purchase of passenger COMPENSATION TRUST FUND gencies of a confidential character, to be ex- motor vehicles for police-type use, without For payments to the Radiation Exposure pended under the direction of, and to be ac- regard to the general purchase price limita- Compensation Trust Fund of claims covered counted for solely under the certificate of,

VerDate Mar 15 2010 03:22 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9262 CONGRESSIONAL RECORD — SENATE September 10, 2001 the Attorney General; expenses for con- shall be augmented by personnel details, work performed under this appropriation: ducting drug education and training pro- temporary transfers of personnel on either a Provided further, That, of the amount made grams, including travel and related expenses reimbursable or non-reimbursable basis, or available under this heading, $66,524,000, to for participants in such programs and the any other type of formal or informal transfer remain available until expended, shall be distribution of items of token value that pro- or reimbursement of personnel or funds on transferred to, and merged with, funds in the mote the goals of such programs; purchase of either a temporary or long-term basis and ‘‘Immigration and Naturalization Service, not to exceed 1,477 passenger motor vehicles, such augmentation may not exceed 10 full- Construction’’ appropriations account, to be of which 1,354 will be for replacement only, time equivalent workyears. available only for the construction of deten- for police-type use without regard to the CONSTRUCTION tion facilities: Provided further, That not to general purchase price limitation for the For planning, purchase of construction ve- exceed 10 percent of the funds appropriated current fiscal year; and acquisition, lease, hicles, construction, renovation, equipping, to ‘‘Buildings and Facilities’’ in this or any maintenance, and operation of aircraft, and maintenance of buildings and facilities other Act may be transferred to ‘‘Salaries $1,489,779,000; of which $33,000,000 for perma- necessary for the administration and en- and Expenses’’, Federal Prison System, upon nent change of station shall remain available forcement of the laws relating to immigra- notification by the Attorney General to the until September 30, 2003; of which not to ex- tion, naturalization, and alien registration, Committees on Appropriations of the House ceed $1,800,000 for research shall remain not otherwise provided for, $205,015,000, to re- of Representatives and the Senate in compli- available until expended, and of which not to main available until expended, of which ance with provisions set forth in section 605 exceed $4,000,000 for purchase of evidence and $3,000,000 shall be available only to comply of this Act. payments for information, not to exceed with Occupational Safety and Health Admin- FEDERAL PRISON INDUSTRIES, INCORPORATED $10,000,000 for contracting for automated istration programs. data processing and telecommunications The Federal Prison Industries, Incor- equipment, and not to exceed $2,000,000 for FEDERAL PRISON SYSTEM porated, is hereby authorized to make such laboratory equipment, $4,000,000 for technical SALARIES AND EXPENSES expenditures, within the limits of funds and equipment, and $2,000,000 for aircraft replace- For expenses necessary for the administra- borrowing authority available, and in accord ment retrofit and parts, shall remain avail- tion, operation, and maintenance of Federal with the law, and to make such contracts able until September 30, 2003; of which not to penal and correctional institutions, includ- and commitments, without regard to fiscal exceed $50,000 shall be available for official ing purchase (not to exceed 685, of which 610 year limitations as provided by section 9104 reception and representation expenses. are for replacement only) and hire of law en- of title 31, United States Code, as may be necessary in carrying out the program set IMMIGRATION AND NATURALIZATION SERVICE forcement and passenger motor vehicles, and for the provision of technical assistance and forth in the budget for the current fiscal SALARIES AND EXPENSES year for such corporation, including pur- For expenses, not otherwise provided for, advice on corrections related issues to for- eign governments, $3,786,228,000: Provided, chase of (not to exceed five for replacement necessary for the administration and en- only) and hire of passenger motor vehicles. forcement of the laws relating to immigra- That the Attorney General may transfer to LIMITATION ON ADMINISTRATIVE EXPENSES, tion, naturalization, and alien registration, the Health Resources and Services Adminis- FEDERAL PRISON INDUSTRIES, INCORPORATED including not to exceed $50,000 to meet un- tration such amounts as may be necessary foreseen emergencies of a confidential char- for direct expenditures by that Administra- Not to exceed $3,429,000 of the funds of the acter, to be expended under the direction of, tion for medical relief for inmates of Federal corporation shall be available for its admin- and to be accounted for solely under the cer- penal and correctional institutions: Provided istrative expenses, and for services as au- tificate of, the Attorney General; purchase further, That the Director of the Federal thorized by 5 U.S.C. 3109, to be computed on for police-type use (not less than 3,165 pas- Prison System (FPS), where necessary, may an accrual basis to be determined in accord- senger motor vehicles, of which not less than enter into contracts with a fiscal agent/fiscal ance with the corporation’s current pre- 2,211 are for replacement only), without re- intermediary claims processor to determine scribed accounting system, and such gard to the general purchase price limitation the amounts payable to persons who, on be- amounts shall be exclusive of depreciation, for the current fiscal year, and hire of pas- half of FPS, furnish health services to indi- payment of claims, and expenditures which senger motor vehicles; acquisition, lease, viduals committed to the custody of FPS: the said accounting system requires to be maintenance and operation of aircraft; re- Provided further, That not to exceed $6,000 capitalized or charged to cost of commod- search related to immigration enforcement; shall be available for official reception and ities acquired or produced, including selling for protecting and maintaining the integrity representation expenses: Provided further, and shipping expenses, and expenses in con- of the borders of the United States including, That not to exceed $50,000,000 shall remain nection with acquisition, construction, oper- without limitation, equipping, maintaining, available for necessary operations until Sep- ation, maintenance, improvement, protec- and making improvements to the infrastruc- tember 30, 2003: Provided further, That, of the tion, or disposition of facilities and other ture; and for the care and housing of Federal amounts provided for Contract Confinement, property belonging to the corporation or in detainees held in the joint Immigration and not to exceed $20,000,000 shall remain avail- which it has an interest. able until expended to make payments in ad- Naturalization Service and United States OFFICE OF JUSTICE PROGRAMS vance for grants, contracts and reimbursable Marshals Service’s Buffalo Detention Facil- JUSTICE ASSISTANCE ity, $3,176,037,000; of which not to exceed agreements, and other expenses authorized For grants, contracts, cooperative agree- $400,000 for research shall remain available by section 501(c) of the Refugee Education ments, and other assistance authorized by until expended; of which not to exceed Assistance Act of 1980, as amended, for the title I of the Omnibus Crime Control and $10,000,000 shall be available for costs associ- care and security in the United States of Safe Streets Act of 1968, as amended (‘‘the ated with the training program for basic offi- Cuban and Haitian entrants: Provided further, 1968 Act’’), and the Missing Children’s Assist- cer training; of which not to exceed $5,000,000 That the Director of the Federal Prison Sys- ance Act, as amended, including salaries and is for payments or advances arising out of tem may accept donated property and serv- expenses in connection therewith, and with contractual or reimbursable agreements ices relating to the operation of the prison the Victims of Crime Act of 1984, as amend- with State and local law enforcement agen- card program from a not-for-profit entity ed, $200,738,000, to remain available until ex- cies while engaged in cooperative activities which has operated such program in the past pended, as authorized by section 1001 of title related to immigration; of which not to ex- notwithstanding the fact that such not-for- I of the Omnibus Crime Control and Safe ceed $5,000,000 is to fund or reimburse other profit entity furnishes services under con- Streets Act of 1968, as amended by Public Federal agencies for the costs associated tracts to the Federal Prison System relating Law 102–534 (106 Stat. 3524). with the care, maintenance, and repatriation to the operation of pre-release services, half- In addition, for grants, cooperative agree- of smuggled illegal aliens: Provided, That way houses or other custodial facilities. ments, and other assistance authorized by none of the funds available to the Immigra- BUILDINGS AND FACILITIES sections 819 and 821 of the Antiterrorism and tion and Naturalization Service shall be For planning, acquisition of sites and con- Effective Death Penalty Act of 1996 and for available to pay any employee overtime pay struction of new facilities; purchase and ac- other counterterrorism programs, in an amount in excess of $1,153 per pay pe- quisition of facilities and remodeling, and $364,000,000, to remain available until ex- riod during the calendar year beginning Jan- equipping of such facilities for penal and cor- pended. uary 1, 2002: Provided further, That uniforms rectional use, including all necessary ex- may be purchased without regard to the gen- penses incident thereto, by contract or force STATE AND LOCAL LAW ENFORCEMENT eral purchase price limitation for the cur- account; and constructing, remodeling, and ASSISTANCE rent fiscal year: Provided further, That not to equipping necessary buildings and facilities For assistance authorized by the Violent exceed $45,000 shall be available for official at existing penal and correctional institu- Crime Control and Law Enforcement Act of reception and representation expenses: Pro- tions, including all necessary expenses inci- 1994 (Public Law 103–322), as amended (‘‘the vided further, That not to exceed 30 perma- dent thereto, by contract or force account, 1994 Act’’); the Omnibus Crime Control and nent positions and 30 full-time equivalent $899,797,000, to remain available until ex- Safe Streets Act of 1968, as amended (‘‘the workyears and not to exceed $4,300,000 shall pended, of which not to exceed $14,000,000 1968 Act’’); and the Victims of Child Abuse be expended for the Offices of Legislative Af- shall be available to construct areas for in- Act of 1990, as amended (‘‘the 1990 Act’’), fairs and Public Affairs: Provided further, mate work programs: Provided, That labor of $2,089,990,000 (including amounts for adminis- That the latter two aforementioned offices United States prisoners may be used for trative costs, which shall be transferred to

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9263 and merged with the ‘‘Justice Assistance’’ (13) $998,000 for grants for televised testi- non-profit organizations, and agencies of account), to remain available until expended mony, as authorized by section 1001(a)(7) of local government, engaged in the investiga- as follows: the 1968 Act; tion and prosecution of violent crimes and (1) $400,000,000 for Local Law Enforcement (14) $3,000,000 for grants to States and units drug offenses in ‘‘Weed and Seed’’ designated Block Grants, pursuant to H.R. 728 as passed of local government to improve the process communities, and for either reimbursements by the House of Representatives on February for entering data regarding stalking and do- or transfers to appropriation accounts of the 14, 1995, except that for purposes of this Act, mestic violence into local, State, and na- Department of Justice and other Federal Guam shall be considered a ‘‘State’’, the tional crime information databases, as au- agencies which shall be specified by the At- Commonwealth of Puerto Rico shall be con- thorized by section 40602 of the 1994 Act; torney General to execute the ‘‘Weed and sidered a ‘‘unit of local government’’ as well (15) $10,000,000 for grants to reduce Violent Seed’’ program strategy: Provided, That as a ‘‘State’’, for the purposes set forth in Crimes Against Women on Campus, as au- funds designated by Congress through lan- paragraphs (A), (B), (D), (F), and (I) of sec- thorized by section 1108(a) of Public Law 106– guage for other Department of Justice appro- tion 101(a)(2) of H.R. 728 and for establishing 386; priation accounts for ‘‘Weed and Seed’’ pro- crime prevention programs involving co- (16) $40,000,000 for Legal Assistance for Vic- gram activities shall be managed and exe- operation between community residents and tims, as authorized by section 1201 of Public cuted by the Attorney General through the law enforcement personnel in order to con- Law 106–386; Executive Office for Weed and Seed: Provided trol, detect, or investigate crime or the pros- (17) $5,000,000 for enhancing protection for further, That the Attorney General may di- ecution of criminals: Provided, That no funds older and disabled women from domestic vio- rect the use of other Department of Justice provided under this heading may be used as lence and sexual assault as authorized by funds and personnel in support of ‘‘Weed and matching funds for any other Federal grant section 40801 of the 1994 Act; Seed’’ program activities only after the At- program, of which: (18) $15,000,000 for the Safe Havens for Chil- torney General notifies the Committees on (a) $80,000,000 shall be for Boys and Girls dren Pilot Program as authorized by section Appropriations of the House of Representa- Clubs in public housing facilities and other 1301 of Public Law 106–386; tives and the Senate in accordance with sec- areas in cooperation with State and local (19) $7,500,000 for Education and Training to tion 605 of this Act. law enforcement: Provided, That funds may end violence against and abuse of women COMMUNITY ORIENTED POLICING SERVICES also be used to defray the costs of indem- with disabilities, as authorized by section For activities authorized by the Violent nification insurance for law enforcement of- 1402 of Public Law 106–386; ficers, and Crime Control and Law Enforcement Act of (20) $68,000,000 for grants for residential 1994, Public Law 103–322 (‘‘the 1994 Act’’) (in- (b) $19,956,000 shall be available for grants, substance abuse treatment for State pris- contracts, and other assistance to carry out cluding administrative costs), $1,019,874,000, oners, as authorized by section 1001(a)(17) of to remain available until expended; of which section 102(c) of H.R. 728; the 1968 Act: Provided, That States that have (2) $265,000,000 for the State Criminal Alien $150,962,000 shall be available to the Office of in-prison drug treatment programs, in com- Justice Programs to carry out section 102 of Assistance Program, as authorized by sec- pliance with Federal requirements, may use tion 242(j) of the Immigration and Nation- the Crime Identification Technology Act of their residential substance abuse grants ality Act, as amended; 1998 (42 U.S.C. 14601), of which $35,000,000 is funds for treatment, both during incarcer- (3) $35,000,000 shall be available for the Co- for grants to upgrade criminal records, as ation and after release; operative Agreement Program; authorized under the Crime Identification (21) $4,989,000 for demonstration grants on (4) $35,191,000 shall be available for grants Technology Act of 1998 (42 U.S.C. 14601), of alcohol and crime in Indian Country; under section 20109(a)(2) of subtitle A of title which $35,000,000 is for DNA testing as au- (22) $898,000 for the Missing Alzheimer’s II of the 1994 Act; thorized by the DNA Analysis Backlog Disease Patient Alert Program, as author- (5) $7,982,000 for the Tribal Courts Initia- Elimination Act of 2000 (Public Law 106–546), ized by section 240001(c) of the 1994 Act; tive; of which $35,000,000 is for the State and local (23) $50,000,000 for Drug Courts, as author- (6) $578,125,000 for programs authorized by DNA laboratories as authorized by section part E of title I of the 1968 Act, notwith- ized by title V of the 1994 Act; 1001(a)(22) of the 1968 Act, and improvements standing the provisions of section 511 of said (24) $1,497,000 for Law Enforcement Family to the State and local forensic general Act, of which $78,125,000 shall be for discre- Support Programs, as authorized by section science capabilities to reduce State and local tionary grants under the Edward Byrne Me- 1001(a)(21) of the 1968 Act; DNA convicted offender sample backlog and morial State and Local Law Enforcement (25) $1,995,000 for public awareness pro- for awards to State, local, and private lab- Assistance Programs; grams addressing marketing scams aimed at oratories, and of which $17,000,000 is for the (7) $11,975,000 for the Court Appointed Spe- senior citizens, as authorized by section National Institute of Justice for grants, con- cial Advocate Program, as authorized by sec- 250005(3) of the 1994 Act; tracts, and other agreements to develop tion 218 of the 1990 Act; (26) $249,450,000 for Juvenile Accountability school safety technologies and training; of (8) $2,296,000 for Child Abuse Training Pro- Incentive Block Grants except that such which $510,524,000 is for Public Safety and grams for Judicial Personnel and Practi- funds shall be subject to the same terms and Community Policing Grants pursuant to tioners, as authorized by section 224 of the conditions as set forth in the provisions title I of the 1994 Act, of which $190,291,000 1990 Act; under this heading for this program in Pub- shall be available for the COPS hiring pro- (9) $184,937,000 for Grants to Combat Vio- lic Law 105–119, but all references in such gram, of which $180,000,000 shall be available lence Against Women, to States, units of provisions to 1998 shall be deemed to refer in- for school resource officers, of which local government, and Indian tribal govern- stead to 2002, and Guam shall be considered $31,315,000 shall be used to improve tribal law ments, as authorized by section 1001(a)(18) of a ‘‘State’’ for the purposes of title III of H.R. enforcement including equipment and train- the 1968 Act, of which: 3, as passed by the House of Representatives ing, of which $25,444,000 shall be used for the (a) $1,000,000 shall be for the Bureau of Jus- on May 8, 1997; and Matching Grant Program for Law Enforce- tice Statistics for grants, contracts, and (27) $1,298,000 for the Motor Vehicle Theft ment Armor Vests pursuant to section 2501 other assistance for domestic violence fed- Prevention Programs, as authorized by sec- of part Y of the Omnibus Crime Control and eral case processing study, tion 220002(h) of the 1994 Act: Safe Streets Act of 1968 (‘‘the 1968 Act’’), as (b) $5,200,000 shall be for the National Insti- Provided, That funds made available in fiscal amended, of which $30,000,000 shall be used tute of Justice for grants, contracts, and year 2002 under subpart 1 of part E of title I for Police Corps education, training, and other assistance for research and evaluation of the 1968 Act may be obligated for pro- service as set forth in sections 200101–200113 of violence against women, and grams to assist States in the litigation proc- of the 1994 Act, and of which $20,662,000 shall (c) $10,000,000 shall be for the Office of Ju- essing of death penalty Federal habeas cor- be used to provide training and technical as- venile Justice and Delinquency Prevention pus petitions and for drug testing initiatives: sistance; of which $155,467,000 shall be used for the Safe Start Program, to be adminis- Provided further, That, if a unit of local gov- for a law enforcement technology program, tered as authorized by part C of the Juvenile ernment uses any of the funds made avail- of which $7,202,000, to remain available until Justice and Delinquency Act of 1974, as able under this title to increase the number September 30, 2003, shall be transferred to, amended; of law enforcement officers, the unit of local and merged with, funds in the Federal Bu- (10) $64,925,000 for Grants to Encourage Ar- government will achieve a net gain in the reau of Investigation, ‘‘Salaries and Ex- rest Policies to States, units of local govern- number of law enforcement officers who per- penses’’ appropriations account to be avail- ment, and Indian tribal governments, as au- form nonadministrative public safety serv- able only to maintain or establish not more thorized by section 1001(a)(19) of the 1968 Act; ice. than 4 regional computer forensic labs in af- (11) $39,945,000 for Rural Domestic Violence WEED AND SEED PROGRAM FUND filiation with the Federal Bureau of Inves- and Child Abuse Enforcement Assistance For necessary expenses, including salaries tigation Laboratory Division, of which Grants, as authorized by section 40295 of the and related expenses of the Executive Office $1,005,000, to remain available until Sep- 1994 Act; for Weed and Seed, to implement ‘‘Weed and tember 30, 2003, shall be transferred to, and (12) $4,989,000 for training programs to as- Seed’’ program activities, $58,925,000, to re- merged with, funds in the Federal Bureau of sist probation and parole officers who work main available until expended, for inter-gov- Investigation, ‘‘Salaries and Expenses’’ ap- with released sex offenders, as authorized by ernmental agreements, including grants, co- propriations account to be available only to section 40152(c) of the 1994 Act, and for local operative agreements, and contracts, with expand the Violent Criminal Apprehension demonstration projects; State and local law enforcement agencies, Program to include sexual assault, of which

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$350,000 shall be transferred to, and merged quency prevention programs; of which SEC. 104. Not to exceed 5 percent of any ap- with, funds in the ‘‘Salaries and Expenses’’, $12,472,000 shall be for delinquency preven- propriation made available for the current General Legal Activities appropriations ac- tion, control, and system improvement pro- fiscal year for the Department of Justice in count to be available only for equipment to grams for tribal youth; of which $25,000,000 this Act may be transferred between such ap- connect Interpol to the National Law En- shall be available for grants of $360,000 to propriations, but no such appropriation, ex- forcement Telecommunications System, and each State and $6,640,000 shall be available cept as otherwise specifically provided, shall of which $4,000,000, to remain available until for discretionary grants to States, for pro- be increased by more than 10 percent by any September 30, 2003, shall be transferred to, grams and activities to enforce State laws such transfers: Provided, That any transfer and merged with, funds in the Federal Bu- prohibiting the sale of alcoholic beverages to pursuant to this section shall be treated as a reau of Investigation, ‘‘Salaries and Ex- minors or the purchase or consumption of al- reprogramming of funds under section 605 of penses’’ appropriations account to be avail- coholic beverages by minors, prevention and this Act and shall not be available for obliga- able only to maintain or establish not more reduction of consumption of alcoholic bev- tion except in compliance with the proce- than 4 regional mitochondrial DNA forensic erages by minors, and for technical assist- dures set forth in that section. labs in affiliation with the Federal Bureau of ance and training; and of which $15,000,000 SEC. 105. Section 286(q)(1)(A) of the Immi- Investigation Laboratory Division; of which shall be available for the Safe Schools Initia- gration and Nationality Act of 1953, as $48,393,000 shall be used for policing initia- tive: Provided further, That of amounts made amended, is further amended by striking ‘‘6’’ tives to combat methamphetamine produc- available under the Juvenile Justice Pro- and inserting ‘‘96’’. tion and trafficking and to enhance policing grams of the Office of Justice Programs to SEC. 106. Notwithstanding any other provi- initiatives in drug ‘‘hot spots’’; of which carry out part B (relating to Federal Assist- sion of law, $1,000,000 shall be available for $99,780,000 for a prosecution assistance pro- ance for State and Local Programs), subpart technical assistance from the funds appro- gram to reimburse State, county, parish, or II of part C (relating to Special Emphasis priated for part G of title II of the Juvenile municipal governments only for Federal Prevention and Treatment Programs), part Justice and Delinquency Prevention Act of costs associated with the prosecution of D (relating to Gang-Free Schools and Com- 1974, as amended. criminal cases declined by local U.S. Attor- munities and Community-Based Gang Inter- SEC. 107. Section 11231 of the National Cap- neys’ offices, of which $49,780,000 shall be for vention), part E (relating to State Challenge ital Revitalization and Self-Government Im- a national program to reduce gun violence, Activities), and part G (relating to Men- provement Act of 1997, Public Law 105–33, is and of which $50,000,000 shall be for the toring) of title II of the Juvenile Justice and amended— Southwest Border Prosecutor Initiative; of Delinquency Prevention Act of 1974, and to (1) in the catchline of paragraphs (a)(1) and which $16,963,000 shall be for a police integ- carry out the At-Risk Children’s Program (2), by striking ‘‘of Parole Commission’’; rity program; of which $22,851,000 is for the under title V of that Act, not more than 10 (2) in subsections (a) and (c), by replacing Safe Schools Initiative; and of which percent of each such amount may be used for ‘‘United States Parole Commission’’ and $14,934,000 shall be for an offender re-entry research, evaluation, and statistics activi- ‘‘Parole Commission’’, each place they cur- program: Provided, That of the amount pro- ties designed to benefit the programs or ac- rently appear, with ‘‘agency established vided for Public Safety and Community Po- tivities authorized under the appropriate under section 11233’’; licing Grants, not to exceed $32,812,000 shall part or title, and not more than 2 percent of (3) in paragraph (a)(1), by replacing ‘‘one be expended for program management and each such amount may be used for training year after date of enactment of this Act’’ administration: Provided further, That of the and technical assistance activities designed with ‘‘September 30, 2002’’, by replacing prior year balances available in this pro- to benefit the programs or activities author- ‘‘Board of Parole of the District of Colum- gram, $46,000,000 shall be available for the di- ized under that part or title. bia’’ with ‘‘United States Parole Commis- rect hiring of law enforcement officers In addition, for grants, contracts, coopera- sion’’, by striking ‘‘exclusive’’, and by re- through the Universal Hiring Program: Pro- tive agreements, and other assistance au- placing all the matter from ‘‘felons,’’ to the vided further, That Section 1703(b) and (c) of thorized by the Victims of Child Abuse Act period, inclusive, with ‘‘felons.’’; the 1968 Act shall not apply to non-hiring of 1990, as amended, $8,481,000, to remain (4) by replacing all the matter after the grants made pursuant to part Q of title I available until expended, as authorized by catchline of paragraph (a)(2) with ‘‘Not later thereof (42 U.S.C. 3796 d.d. et seq.). section 214B of the Act. than September 30, 2002, the agency estab- lished under section 11233 shall assume all JUVENILE JUSTICE PROGRAMS PUBLIC SAFETY OFFICERS BENEFITS powers, duties, and jurisdiction transferred To remain available until expended, for For grants, contracts, cooperative agree- to the United States Parole Commission by payments authorized by part L of title I of ments, and other assistance authorized by this paragraph as in effect on January 1, the Omnibus Crime Control and Safe Streets the Juvenile Justice and Delinquency Pre- 2001.’’; and Act of 1968 (42 U.S.C. 3796), as amended, such vention Act of 1974, as amended, (‘‘the Act’’), (5) in subsection (c), by replacing all the sums as are necessary, as authorized by sec- including salaries and expenses in connec- matter from ‘‘Columbia,’’ to the period, in- tion 6093 of Public Law 100–690 (102 Stat. tion therewith to be transferred to and clusive, with ‘‘Columbia.’’. 4339–4340); and $2,395,000, to remain available merged with the appropriations for Justice SEC. 108. In instances where the Attorney Assistance, $320,026,000, to remain available until expended for payments as authorized General determines that law enforcement-, until expended, as authorized by section 299 by section 1201(b) of said Act. security-, or mission-related considerations of part I of title II and section 506 of title V GENERAL PROVISIONS—DEPARTMENT OF mitigate against obtaining maintenance or of the Act, as amended by Public Law 102– JUSTICE repair services from private sector entities 586, of which: (1) notwithstanding any other SEC. 101. In addition to amounts otherwise for equipment under warranty, the Attorney provision of law, $6,847,000 shall be available made available in this title for official recep- General is authorized to seek reimbursement for expenses authorized by part A of title II tion and representation expenses, a total of from such entities for warranty work per- of the Act, $88,804,000 shall be available for not to exceed $45,000 from funds appropriated formed at Department of Justice facilities expenses authorized by part B of title II of to the Department of Justice in this title and, notwithstanding any other provision of the Act, and $55,691,000 shall be available for shall be available to the Attorney General law, to credit any payment made for such expenses authorized by part C of title II of for official reception and representation ex- work to any appropriation charged therefore. the Act: Provided, That $26,442,000 of the penses in accordance with distributions, pro- SEC. 109. Section 286(e)(1) of the Immigra- amounts provided for part B of title II of the cedures, and regulations established by the tion and Nationality Act (8 U.S.C. 1356(e)(1)) Act, as amended, is for the purpose of pro- Attorney General. is amended to read as follows: viding additional formula grants under part SEC. 102. Section 124 of the Departments of ‘‘(1)(A) Except as provided in subparagraph B to States that provide assurances to the Commerce, Justice, and State, the Judiciary, (B), the Attorney General is authorized to Administrator that the State has in effect and Related Agencies Appropriations Act, charge and collect a fee in the amount of $3 (or will have in effect no later than 1 year 1999, as contained in the Omnibus Consoli- for each individual with respect to whom im- after date of application) policies and pro- dated and Emergency Supplemental Appro- migration inspection services or grams, that ensure that juveniles are subject priations Act, 1999, is repealed. preinspection services are provided in con- to accountability-based sanctions for every SEC. 103. Notwithstanding any other provi- nection with the arrival in the United States act for which they are adjudicated delin- sion of law, not to exceed $10,000,000 of the of the individual as a passenger on a com- quent; (2) $11,974,000 shall be available for ex- funds made available in this Act may be used mercial vessel, if the passenger’s journey penses authorized by sections 281 and 282 of to establish and publicize a program under originated in any of the following: part D of title II of the Act for prevention which publicly advertised, extraordinary re- ‘‘(i) Mexico. and treatment programs relating to juvenile wards may be paid, which shall not be sub- ‘‘(ii) Canada. gangs; (3) $9,978,000 shall be available for ex- ject to spending limitations contained in ‘‘(iii) A State, territory, or possession of penses authorized by section 285 of part E of sections 3059 and 3072 of title 18, United the United States. title II of the Act; (4) $15,965,000 shall be States Code: Provided, That any reward of ‘‘(iv) Any adjacent island (within the available for expenses authorized by part G $100,000 or more, up to a maximum of meaning of section 101(b)(5)). of title II of the Act for juvenile mentoring $2,000,000, may not be made without the per- ‘‘(B) The authority of subparagraph (A) programs; and (5) $130,767,000 shall be avail- sonal approval of the President or the Attor- does not apply to immigration inspection able for expenses authorized by title V of the ney General and such approval may not be services or preinspection services provided at Act for incentive grants for local delin- delegated. a designated port of entry in connection with

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9265 the arrival of a passenger by means of a space abroad for periods not exceeding 10 Economic Development Act of 1965, as Great Lakes international ferry, or by means years, and expenses of alteration, repair, or amended, and for trade adjustment assist- of any vessel that transits the Great Lakes improvement; purchase or construction of ance, $341,000,000, to remain available until or its connecting waterways, if the ferry or temporary demountable exhibition struc- expended. other vessel operates on a regular sched- tures for use abroad; payment of tort claims, SALARIES AND EXPENSES ule.’’. in the manner authorized in the first para- For necessary expenses of administering SEC. 110. Section 245(i) of the Immigration graph of 28 U.S.C. 2672 when such claims the economic development assistance pro- and Nationality Act (8 U.S.C. 1255(i)) is arise in foreign countries; not to exceed grams as provided for by law, $30,557,000: Pro- amended— $327,000 for official representation expenses vided, That these funds may be used to mon- (1) in paragraph (1), by amending the first abroad; purchase of passenger motor vehicles itor projects approved pursuant to title I of sentence to read as follows: ‘‘Notwith- for official use abroad, not to exceed $30,000 the Public Works Employment Act of 1976, as standing the provisions of subsections (a) per vehicle; obtaining insurance on official amended, title II of the Trade Act of 1974, as and (c) of this section, an alien physically motor vehicles; and rental of tie lines, amended, and the Community Emergency present in the United States who— $347,090,000, to remain available until ex- Drought Relief Act of 1977. ‘‘(A) entered the United States without in- pended, of which $3,000,000 is to be derived MINORITY BUSINESS DEVELOPMENT AGENCY spection; or from fees to be retained and used by the MINORITY BUSINESS DEVELOPMENT ‘‘(B) is within one of the classes enumer- International Trade Administration, not- For necessary expenses of the Department ated in subsection (c) of this section, may withstanding 31 U.S.C. 3302: Provided, That of Commerce in fostering, promoting, and apply to the Attorney General for the adjust- $66,820,000 shall be for Trade Development, developing minority business enterprise, in- ment of his or her status to that of an alien $27,441,000 shall be for Market Access and cluding expenses of grants, contracts, and lawfully admitted for permanent residence.’’; Compliance, $42,859,000 shall be for the Im- other agreements with public or private or- and port Administration, $193,824,000 shall be for ganizations, $28,381,000. (2) by amending paragraph (3)(B) to read as the United States and Foreign Commercial ECONOMIC AND INFORMATION INFRASTRUCTURE follows: Service, and $13,146,000 shall be for Executive ‘‘(B) One-half of any remaining portion of Direction and Administration: Provided fur- ECONOMIC AND STATISTICAL ANALYSIS such fees remitted under such paragraphs ther, That the provisions of the first sentence SALARIES AND EXPENSES shall be deposited by the Attorney General of section 105(f) and all of section 108(c) of For necessary expenses, as authorized by into the Immigration Examination Fee Ac- the Mutual Educational and Cultural Ex- law, of economic and statistical analysis pro- count established under section 286(m), and change Act of 1961 (22 U.S.C. 2455(f) and grams of the Department of Commerce, one-half of any remaining portion of such 2458(c)) shall apply in carrying out these ac- $62,515,000, to remain available until Sep- fees shall be deposited by the Attorney Gen- tivities without regard to section 5412 of the tember 30, 2003. eral into the Breached Bond/Detention Fund Omnibus Trade and Competitiveness Act of BUREAU OF THE CENSUS established under section 286(r).’’. 1988 (15 U.S.C. 4912); and that for the purpose SALARIES AND EXPENSES SEC. 111. Section 1402(d)(3) of the Victims of this Act, contributions under the provi- For expenses necessary for collecting, com- of Crime Act of 1984 (42 U.S.C. 10601(d)(3)), is sions of the Mutual Educational and Cul- piling, analyzing, preparing, and publishing amended by striking the period at the end tural Exchange Act shall include payment statistics, provided for by law, $168,561,000. and inserting ‘‘, and for a Victim Notifica- for assessments for services provided as part PERIODIC CENSUSES AND PROGRAMS tion System.’’. of these activities. For necessary expenses to collect and pub- This title may be cited as the ‘‘Department EXPORT ADMINISTRATION of Justice Appropriations Act, 2002’’. lish statistics for periodic censuses and pro- OPERATIONS AND ADMINISTRATION grams provided for by law, $348,529,000, to re- TITLE II—DEPARTMENT OF COMMERCE For necessary expenses for export adminis- main available until expended. AND RELATED AGENCIES tration and national security activities of NATIONAL TELECOMMUNICATIONS AND TRADE AND INFRASTRUCTURE DEVELOPMENT the Department of Commerce, including INFORMATION ADMINISTRATION RELATED AGENCIES costs associated with the performance of ex- SALARIES AND EXPENSES port administration field activities both do- OFFICE OF THE UNITED STATES TRADE For necessary expenses, as provided for by mestically and abroad; full medical coverage REPRESENTATIVE law, of the National Telecommunications for dependent members of immediate fami- and Information Administration (NTIA), SALARIES AND EXPENSES lies of employees stationed overseas; em- $14,054,000, to remain available until ex- For necessary expenses of the Office of the ployment of Americans and aliens by con- pended: Provided, That, notwithstanding 31 United States Trade Representative, includ- tract for services abroad; payment of tort U.S.C. 1535(d), the Secretary of Commerce ing the hire of passenger motor vehicles and claims, in the manner authorized in the first shall charge Federal agencies for costs in- employment of experts and consultants as paragraph of 28 U.S.C. 2672 when such claims curred in spectrum management, analysis, authorized by 5 U.S.C. 3109, $30,097,000, of arise in foreign countries; not to exceed and operations, and related services and such which $1,000,000 shall remain available until $15,000 for official representation expenses fees shall be retained and used as offsetting expended: Provided, That not to exceed abroad; awards of compensation to informers collections for costs of such spectrum serv- $98,000 shall be available for official recep- under the Export Administration Act of 1979, ices, to remain available until expended: Pro- tion and representation expenses. and as authorized by 22 U.S.C. 401(b); pur- vided further, That the Secretary of Com- INTERNATIONAL TRADE COMMISSION chase of passenger motor vehicles for official merce is authorized to retain and use as off- use and motor vehicles for law enforcement SALARIES AND EXPENSES setting collections all funds transferred, or use with special requirement vehicles eligi- For necessary expenses of the Inter- previously transferred, from other Govern- ble for purchase without regard to any price ment agencies for all costs incurred in tele- national Trade Commission, including hire limitation otherwise established by law, of passenger motor vehicles, and services as communications research, engineering, and $68,893,000, to remain available until ex- related activities by the Institute for Tele- authorized by 5 U.S.C. 3109, and not to exceed pended, of which $7,250,000 shall be for in- $2,500 for official reception and representa- communication Sciences of NTIA, in further- spections and other activities related to na- ance of its assigned functions under this tion expenses, $49,386,000, to remain available tional security: Provided, That the provisions until expended. paragraph, and such funds received from of the first sentence of section 105(f) and all other Government agencies shall remain DEPARTMENT OF COMMERCE of section 108(c) of the Mutual Educational available until expended. INTERNATIONAL TRADE ADMINISTRATION and Cultural Exchange Act of 1961 (22 U.S.C. PUBLIC TELECOMMUNICATIONS FACILITIES, 2455(f) and 2458(c)) shall apply in carrying out OPERATIONS AND ADMINISTRATION PLANNING AND CONSTRUCTION these activities: Provided further, That pay- For grants authorized by section 392 of the For necessary expenses for international ments and contributions collected and ac- Communications Act of 1934, as amended, trade activities of the Department of Com- cepted for materials or services provided as $43,466,000, to remain available until ex- merce provided for by law, and engaging in part of such activities may be retained for pended as authorized by section 391 of the trade promotional activities abroad, includ- use in covering the cost of such activities, ing expenses of grants and cooperative agree- Act, as amended: Provided, That not to ex- and for providing information to the public ceed $2,358,000 shall be available for program ments for the purpose of promoting exports with respect to the export administration of United States firms, without regard to 44 administration as authorized by section 391 and national security activities of the De- of the Act: Provided further, That notwith- U.S.C. 3702 and 3703; full medical coverage for partment of Commerce and other export con- dependent members of immediate families of standing the provisions of section 391 of the trol programs of the United States and other Act, the prior year unobligated balances may employees stationed overseas and employees governments. temporarily posted overseas; travel and be made available for grants for projects for transportation of employees of the United ECONOMIC DEVELOPMENT ADMINISTRATION which applications have been submitted and States and Foreign Commercial Service be- ECONOMIC DEVELOPMENT ASSISTANCE approved during any fiscal year. tween two points abroad, without regard to PROGRAMS INFORMATION INFRASTRUCTURE GRANTS 49 U.S.C. 1517; employment of Americans and For grants for economic development as- For grants authorized by section 392 of the aliens by contract for services; rental of sistance as provided by the Public Works and Communications Act of 1934, as amended,

VerDate Mar 15 2010 03:22 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 S9266 CONGRESSIONAL RECORD — SENATE September 10, 2001 $15,503,000, to remain available until ex- Institute of Standards and Technology, That of the amount provided to the National pended as authorized by section 391 of the $105,137,000, to remain available until ex- Marine Fisheries Service, a total of $6,000,000 Act, as amended: Provided, That not to ex- pended: Provided, That the Secretary of Com- shall be provided to the National Oceanic ceed $3,097,000 shall be available for program merce is authorized to enter into agreements and Atmospheric Administration Office of administration and other support activities with one or more nonprofit organizations for General Counsel: Provided further, That the as authorized by section 391: Provided further, the purpose of carrying out collective re- National Marine Fisheries Service shall be That, of the funds appropriated herein, not search and development initiatives per- obligated for payment of all fisheries-related to exceed 5 percent may be available for tele- taining to 15 U.S.C. 278k paragraph (a), and is reimbursable work performed by the Na- communications research activities for authorized to seek and accept contributions tional Oceanic and Atmospheric Administra- projects related directly to the development from public and private sources to support tion Office of General Counsel: Provided fur- of a national information infrastructure: these efforts as necessary. ther, That the Secretary may proceed as he Provided further, That, notwithstanding the In addition, for necessary expenses of the deems necessary to have the National Oce- requirements of sections 392(a) and 392(c) of Advanced Technology Program of the Na- anic and Atmospheric Administration oc- the Act, these funds may be used for the tional Institute of Standards and Tech- cupy and operate its research facilities planning and construction of telecommuni- nology, $204,200,000, to remain available until which are located at Lafayette, Louisiana: cations networks for the provision of edu- expended, of which not to exceed $60,700,000 Provided further, That the R/V cational, cultural, health care, public infor- shall be available for the award of new FAIRWEATHER shall be homeported in mation, public safety, or other social serv- grants. Ketchikan, Alaska: Provided further, That no ices: Provided further, That notwithstanding general administrative charge shall be ap- CONSTRUCTION OF RESEARCH FACILITIES any other provision of law, no entity that re- plied against an assigned activity included ceives telecommunications services at pref- For construction of new research facilities, in this Act and, further, that any direct ad- erential rates under section 254(h) of the Act including architectural and engineering de- ministrative expenses applied against an as- (47 U.S.C. 254(h)) or receives assistance under sign, and for renovation of existing facilities, signed activity shall be limited to 5 percent the regional information sharing systems not otherwise provided for the National In- of the funds provided for that assigned activ- grant program of the Department of Justice stitute of Standards and Technology, as au- ity: Provided further, That any use of under part M of title I of the Omnibus Crime thorized by 15 U.S.C. 278c–278e, $43,893,000, to deobligated balances of funds provided under Control and Safe Streets Act of 1968 (42 remain available until expended. this heading in previous years shall be sub- U.S.C. 3796h) may use funds under a grant NATIONAL OCEANIC AND ATMOSPHERIC ject to the procedures set forth in section 605 under this heading to cover any costs of the ADMINISTRATION of this Act. entity that would otherwise be covered by OPERATIONS, RESEARCH, AND FACILITIES In addition, for necessary retired pay ex- such preferential rates or such assistance, as penses under the Retired Serviceman’s Fam- (INCLUDING TRANSFERS OF FUNDS) the case may be. ily Protection and Survivor Benefits Plan, PATENT AND TRADEMARK OFFICE For necessary expenses of activities au- and for payments for medical care of retired SALARIES AND EXPENSES thorized by law for the National Oceanic and personnel and their dependents under the De- For necessary expenses of the United Atmospheric Administration, including pendents Medical Care Act (10 U.S.C. ch. 55), States Patent and Trademark Office pro- maintenance, operation, and hire of aircraft; such sums as may be necessary. vided for by law, including defense of suits grants, contracts, or other payments to non- In addition, there is hereby established the instituted against the Under Secretary of profit organizations for the purposes of con- Business Management Fund of the National Commerce for Intellectual Property and Di- ducting activities pursuant to cooperative Oceanic and Atmospheric Administration, rector of the United States Patent and agreements; and relocation of facilities as which shall be available without fiscal year Trademark Office, $856,701,000, to remain authorized by 33 U.S.C. 883i, $2,267,705,000, to limitation for expense and equipment nec- available until expended, which amount remain available until expended: Provided, essary for the maintenance and operations of shall be derived from offsetting collections That fees and donations received by the Na- such services and projects as the Adminis- assessed and collected pursuant to 15 U.S.C. tional Ocean Service for the management of trator of the National Oceanic and Atmos- 1113 and 35 U.S.C. 41 and 376, and shall be re- the national marine sanctuaries may be re- pheric Administration determines may be tained and used for necessary expenses in tained and used for the salaries and expenses performed more advantageously when cen- this appropriation: Provided, That the sum associated with those activities, notwith- tralized: Provided, That such central services herein appropriated from the general fund standing 31 U.S.C. 3302: Provided further, That shall, to the fullest extent practicable, be shall be reduced as such offsetting collec- in addition, $68,000,000 shall be derived by used to make unnecessary the maintenance tions are received during fiscal year 2002, so transfer from the fund entitled ‘‘Promote of separate like services in the divisions and as to result in fiscal year 2002 appropriation and Develop Fishery Products and Research offices of the National Oceanic and Atmos- from the general fund estimated at $0: Pro- Pertaining to American Fisheries’’: Provided pheric Administration: Provided further, That vided further, That during fiscal year 2002, further, That in addition, not to exceed a separate schedule of expenditures and re- should the total amount of offsetting fee col- $3,000,000 shall be derived by transfer from imbursements, and a statement of the cur- lections be less than $856,701,000, the total the fund entitled ‘‘Coastal Zone Manage- rent assets and liabilities of the Business amounts available to the United States Pat- ment’’: Provided further, That of the amounts Management Fund as of the close of the com- ent and Trademark Office shall be reduced made available to the National Marine Fish- pleted fiscal year, shall be prepared each accordingly: Provided further, That an addi- eries Service, not less than $29,000,000 shall year and submitted to Congress: Provided fur- tional amount not to exceed $282,300,000 from be for Alaskan Steller sea lion research: Pro- ther, That notwithstanding 31 U.S.C. 3302, the fees collected in prior fiscal years shall be vided further, That grants to States pursuant Business Management Fund may be credited available for obligation in fiscal year 2002, to to sections 306 and 306A of the Coastal Zone with advances and reimbursements from ap- remain available until expended: Provided Management Act of 1972, as amended, shall plicable appropriations of the National Oce- further, That from amounts provided herein, not exceed $2,000,000: Provided further, That anic and Atmospheric Administration and not to exceed $5,000 shall be made available of the amount provided under this heading, from funds of other agencies or entities for in fiscal year 2002 for official reception and for expenses necessary to carry out ‘‘NOAA services furnished pursuant to law: Provided representation expenses. Operations, Research and Facilities sub-cat- further, That any inventories, equipment, SCIENCE AND TECHNOLOGY egory’’ in section 250(c)(4)(E) of the Balanced systems, real property and other assets over TECHNOLOGY ADMINISTRATION Budget and Emergency Deficit Control Act $25,000, pertaining to the services to be pro- UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF of 1985, as amended, $33,650,000 to remain vided by such funds, either on hand or on TECHNOLOGY POLICY available until expended, for the purposes of order, less the related liabilities or unpaid SALARIES AND EXPENSES discretionary spending limits: Provided fur- obligations, and any appropriations made For necessary expenses for the Under Sec- ther, That not to exceed $54,255,000 shall be hereafter for the purpose of providing cap- retary for Technology/Office of Technology expended for Executive Direction and Ad- ital, shall be used to capitalize the Business Policy, $8,238,000. ministration, which consists of the Offices of Management Fund: Provided further, That the Undersecretary, the Executive Secre- the National Oceanic and Atmospheric Ad- NATIONAL INSTITUTE OF STANDARDS AND tariat, Policy and Strategic Planning, Inter- ministration Business Management Fund TECHNOLOGY national Affairs, Legislative Affairs, Public shall be authorized to create an initial cash SCIENTIFIC AND TECHNICAL RESEARCH AND Affairs, Sustainable Development, the Chief corpus of $5,000,000 from deobligations and SERVICES Scientist, and the General Counsel: Provided continued funding as may be or become For necessary expenses of the National In- further, That the aforementioned offices, ex- available from deobligations: Provided fur- stitute of Standards and Technology, cluding the Office of the General Counsel, ther, That the Business Management Fund $343,296,000, to remain available until ex- shall not be augmented by personnel details, shall provide for centralized services at rates pended, of which not to exceed $282,000 may temporary transfers of personnel on either a which return in full all expenses of operation be transferred to the ‘‘Working Capital reimbursable or nonreimbursable basis or and services, including depreciation or full Fund’’. any other type of formal or informal transfer overhead costs of fund plant and equipment, INDUSTRIAL TECHNOLOGY SERVICES or reimbursement of personnel or funds on plus an amount equal to projected inflation, For necessary expenses of the Manufac- either a temporary or long-term basis above amortization of automated data processing turing Extension Partnership of the National the level of 42 personnel: Provided further, software and hardware systems, and an

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amount not to exceed four percent necessary FISHERMEN’S CONTINGENCY FUND SEC. 205. Any costs incurred by a depart- to maintain an operating level in the fund as For carrying out the provisions of title IV ment or agency funded under this title re- determined by the Administrator: Provided of Public Law 95–372, not to exceed $952,000, sulting from personnel actions taken in re- further, That full implementation of the to be derived from receipts collected pursu- sponse to funding reductions included in this Business Management Fund will be phased in ant to that Act, to remain available until ex- title or from actions taken for the care and over a period not less than three years nor pended. protection of loan collateral or grant prop- more than five fiscal years. erty shall be absorbed within the total budg- FOREIGN FISHING OBSERVER FUND There is hereby established the following etary resources available to such department organizational structure for the Business For expenses necessary to carry out the or agency: Provided, That the authority to Management Fund of the National Oceanic provisions of the Atlantic Tunas Convention transfer funds between appropriations ac- and Atmospheric Administration: Provided, Act of 1975, as amended (Public Law 96–339), counts as may be necessary to carry out this That the overall responsibility for the Na- the Magnuson-Stevens Fishery Conservation section is provided in addition to authorities tional Oceanic and Atmospheric Administra- and Management Act of 1976, as amended included elsewhere in this Act: Provided fur- tion Business Management Fund lies with (Public Law 100–627), and the American Fish- ther, That use of funds to carry out this sec- the Administrator of the National Oceanic eries Promotion Act (Public Law 96–561), to tion shall be treated as a reprogramming of and Atmospheric Administration: Provided be derived from the fees imposed under the funds under section 605 of this Act and shall further, That general management of the Na- foreign fishery observer program authorized not be available for obligation or expendi- tional Oceanic and Atmospheric Administra- by these Acts, not to exceed $191,000, to re- ture except in compliance with the proce- tion’s Business Management Fund may be main available until expended. dures set forth in that section. SEC. 206. The Secretary of Commerce may delegated by the Administrator to the Chief FISHERIES FINANCE PROGRAM ACCOUNT award contracts for hydrographic, geodetic, Financial Officer/Chief Administrative Offi- For the cost of direct loans, $287,000, as au- and photogrammetric surveying and map- cer of the National Oceanic and Atmospheric thorized by the Merchant Marine Act of 1936, ping services in accordance with title IX of Administration. as amended: Provided, That such costs, in- the Federal Property and Administrative PROCUREMENT, ACQUISITION AND CONSTRUCTION cluding the cost of modifying such loans, Services Act of 1949 (40 U.S.C. 541 et seq.). (INCLUDING TRANSFERS OF FUNDS) shall be as defined in section 502 of the Con- SEC. 207. The Secretary of Commerce may For procurement, acquisition and con- gressional Budget Act of 1974: Provided fur- use the Commerce franchise fund for ex- struction of capital assets, including alter- ther, That none of the funds made available penses and equipment necessary for the ation and modification costs, of the National under this heading may be used for direct maintenance and operation of such adminis- Oceanic and Atmospheric Administration, loans for any new fishing vessel that will in- trative services as the Secretary determines $939,610,000, to remain available until ex- crease the harvesting capacity in any United may be performed more advantageously as pended: Provided, That unexpended balances States fishery. central services, pursuant to section 403 of of amounts previously made available in the DEPARTMENTAL MANAGEMENT Public Law 103–356: Provided, That any inven- tories, equipment, and other assets per- ‘‘Operations, Research, and Facilities’’ ac- SALARIES AND EXPENSES count for activities funded under this head- taining to the services to be provided by For expenses necessary for the depart- such fund, either on hand or on order, less ing may be transferred to and merged with mental management of the Department of this account, to remain available until ex- the related liabilities or unpaid obligations, Commerce provided for by law, including not and any appropriations made for the purpose pended for the purposes for which the funds to exceed $8,000 for official entertainment, were originally appropriated: Provided fur- of providing capital shall be used to cap- $42,062,000. italize such fund: Provided further, That such ther, That of the amount provided under this OFFICE OF INSPECTOR GENERAL fund shall be paid in advance from funds heading for expenses necessary to carry out available to the Department and other Fed- the ‘‘NOAA Procurement, Acquisition, and For necessary expenses of the Office of In- eral agencies for which such centralized Construction sub-category’’ in section spector General in carrying out the provi- services are performed, at rates which will 250(c)(4)(E) of the Balanced Budget and sions of the Inspector General Act of 1978, as return in full all expenses of operation, in- Emergency Deficit Control Act of 1985, as amended (5 U.S.C. App. 1–11, as amended by cluding accrued leave, depreciation of fund amended, the Coastal and Estuarine Land Public Law 100–504), $21,176,000. plant and equipment, amortization of auto- Conservation Program, $83,410,000 to remain GENERAL PROVISIONS—DEPARTMENT OF mated data processing (ADP) software and available until expended, and to be for con- COMMERCE systems (either acquired or donated), and an servation spending category activities pursu- SEC. 201. During the current fiscal year, ap- amount necessary to maintain a reasonable ant to Section 251(c) of the Balanced Budget plicable appropriations and funds made operating reserve, as determined by the Sec- and Emergency Deficit Control Act of 1985, available to the Department of Commerce by retary: Provided further, That such fund shall as amended, for the purposes of discretionary this Act shall be available for the activities provide services on a competitive basis: Pro- spending limits: Provided further, That of the specified in the Act of October 26, 1949 (15 vided further, That an amount not to exceed above amounts, $60,000,000 shall be for the U.S.C. 1514), to the extent and in the manner 4 percent of the total annual income to such ‘‘Coastal and Estuarine Land Conservation prescribed by the Act, and, notwithstanding fund may be retained in the fund for fiscal Program’’: Provided further, That none of the 31 U.S.C. 3324, may be used for advanced pay- year 2002 and each fiscal year thereafter, to funds provided in this Act or any other Act ments not otherwise authorized only upon remain available until expended, to be used under the heading ‘‘National Oceanic and At- the certification of officials designated by for the acquisition of capital equipment, and mospheric Administration, Procurement, the Secretary of Commerce that such pay- for the improvement and implementation of Acquisition and Construction’’ shall be used ments are in the public interest. department financial management, ADP, and to fund the General Services Administra- SEC. 202. During the current fiscal year, ap- other support systems: Provided further, That tion’s standard construction and tenant propriations made available to the Depart- such amounts retained in the fund for fiscal build-out costs of a facility at the Suitland ment of Commerce by this Act for salaries year 2002 and each fiscal year thereafter Federal Center. and expenses shall be available for hire of shall be available for obligation and expendi- PACIFIC COASTAL SALMON RECOVERY passenger motor vehicles as authorized by 31 ture only in accordance with section 605 of U.S.C. 1343 and 1344; services as authorized For necessary expenses to carry out the this Act: Provided further, That no later than by 5 U.S.C. 3109; and uniforms or allowances ‘‘NOAA Pacific Coastal Salmon Recovery 30 days after the end of each fiscal year, therefore, as authorized by law (5 U.S.C. sub-category’’ in section 250(c)(4)(E) of the amounts in excess of this reserve limitation 5901–5902). Balanced Budget and Emergency Deficit shall be deposited as miscellaneous receipts SEC. 203. None of the funds made available Control Act of 1985, as amended, the Endan- in the Treasury: Provided further, That such by this Act may be used to support the hurri- gered Species Act-Pacific Salmon Recovery, franchise fund pilot program shall terminate cane reconnaissance aircraft and activities the Columbia River Hatcheries, the Colum- pursuant to section 403(f) of Public Law 103– that are under the control of the United bia River Facilities, Pacific Salmon Treaty 356. States Air Force or the United States Air Implementation, $133,940,000, to remain SEC. 208. Notwithstanding any other provi- Force Reserve. available until expended, and to be for con- sion of law, of the amounts made available SEC. 204. Not to exceed 5 percent of any ap- elsewhere in this title to the ‘‘National Insti- servation spending category activities pursu- propriation made available for the current ant to Section 251(c) of the Balanced Budget tute of Standards and Technology, Construc- fiscal year for the Department of Commerce tion of Research Facilities’’, $5,000,000 is ap- and Emergency Deficit Control Act of 1985, in this Act may be transferred between such propriated to fund a cooperative agreement as amended, for the purposes of discretionary appropriations, but no such appropriation with the Medical University of South Caro- spending limits. shall be increased by more than 10 percent lina, $6,000,000 is appropriated to the Thayer COASTAL ZONE MANAGEMENT FUND by any such transfers: Provided, That any School of Engineering for the nanocrys- Of amounts collected pursuant to section transfer pursuant to this section shall be talline materials and biomass research ini- 308 of the Coastal Zone Management Act of treated as a reprogramming of funds under tiative, $3,000,000 is appropriated to the Insti- 1972 (16 U.S.C. 1456a), not to exceed $3,000,000 section 605 of this Act and shall not be avail- tute for Information Infrastructure Protec- shall be transferred to the Operations, Re- able for obligation or expenditure except in tion at the Institute for Security Technology search, and Facilities account to offset the compliance with the procedures set forth in Studies, and $4,000,000 is appropriated for the costs of implementing such Act. that section. Institute for Politics.

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SEC. 209. (a) Notwithstanding any other expenses, to be expended as the Chief Justice FEES OF JURORS AND COMMISSIONERS provision of law, the total amount of funds may approve, $39,988,000. For fees and expenses of jurors as author- that may be transferred into the ‘‘Working CARE OF THE BUILDING AND GROUNDS ized by 28 U.S.C. 1871 and 1876; compensation Capital Fund’’ in fiscal year 2002, or in any For such expenditures as may be necessary of jury commissioners as authorized by 28 fiscal year thereafter, may not exceed to enable the Architect of the Capitol to U.S.C. 1863; and compensation of commis- $117,000,000. carry out the duties imposed upon the Archi- sioners appointed in condemnation cases (b) All transfers of funds to or from the tect by the Act approved May 7, 1934 (40 pursuant to rule 71A(h) of the Federal Rules Working Capital Fund in fiscal year 2002 and U.S.C. 13a–13b), $7,530,000, of which $4,460,000 of Civil Procedure (28 U.S.C. Appendix Rule any fiscal year thereafter shall be subject to shall remain available until expended. 71A(h)), $50,131,000, to remain available until section 605, without regard to the amount of expended: Provided, That the compensation the reprogramming or the purpose of the UNITED STATES COURT OF APPEALS FOR THE of land commissioners shall not exceed the funds so reprogrammed. FEDERAL CIRCUIT daily equivalent of the highest rate payable (c) Of the amounts available under this SALARIES AND EXPENSES under section 5332 of title 5, United States section for salaries of the staff of the Depart- For salaries of the chief judge, judges, and Code. ment of Commerce, the amount obligated for other officers and employees, and for nec- COURT SECURITY that purpose before December 15, 2001, may essary expenses of the court, as authorized For necessary expenses, not otherwise pro- not exceed $29,250,000. by law, $19,372,000. vided for, incident to the procurement, in- (d)(1) Not later than December 15, 2001, the UNITED STATES COURT OF INTERNATIONAL stallation, and maintenance of security Secretary of Commerce shall submit to the TRADE equipment and protective services for the Committees on Appropriations of the Senate SALARIES AND EXPENSES United States Courts in courtrooms and ad- and House of Representatives a report set- For salaries of the chief judge and eight jacent areas, including building ingress- ting forth the proposed disbursements from egress control, inspection of mail and pack- the Working Capital Fund during fiscal year judges, salaries of the officers and employees of the court, services as authorized by 5 ages, directed security patrols, and other 2002. similar activities as authorized by section (2) Of the proposed disbursements in the re- U.S.C. 3109, and necessary expenses of the court, as authorized by law, $13,054,000. 1010 of the Judicial Improvement and Access port under paragraph (1)— to Justice Act (Public Law 100–702), COURTS OF APPEALS, DISTRICT COURTS, AND (A) not more than $40,000,000 of the pro- $209,762,000, of which not to exceed $10,000,000 OTHER JUDICIAL SERVICES posed disbursements may be for the Com- shall remain available until expended for se- merce Administrative Management System; SALARIES AND EXPENSES curity systems and contract costs for court and For the salaries of circuit and district security officers, to be expended directly or (B) not more than $15,000,000 of the pro- judges (including judges of the territorial transferred to the United States Marshals posed disbursements for that System may be courts of the United States), justices and Service, which shall be responsible for ad- from or attributable to the National Oceanic judges retired from office or from regular ac- ministering the Judicial Facility Security and Atmospheric Administration. tive service, judges of the United States Program consistent with standards or guide- (3) Disbursements from the Working Cap- Court of Federal Claims, bankruptcy judges, lines agreed to by the Director of the Admin- ital Fund in fiscal year 2002 may not be made magistrate judges, and all other officers and istrative Office of the United States Courts until 15 days after the date on which the re- employees of the Federal Judiciary not oth- and the Attorney General: Provided, That, of port is submitted under paragraph (1). erwise specifically provided for, and nec- the amount made available under this head- (4) Any modification of a proposed dis- essary expenses of the courts, as authorized ing, $3,580,000, to remain available until ex- bursement from the Working Capital Fund by law, $3,559,012,000 (including the purchase pended, shall be transferred to, and merged previously specified in the report under para- of firearms and ammunition); of which not to with, funds in the ‘‘Narrowband Communica- graph (1) shall be treated as a reprogram- exceed $27,817,000 shall remain available tions’’ appropriations account in title I of ming of funds to which section 605 applies, until expended for space alteration projects this Act, to be administered by the Depart- without regard to the amount of the modi- and for furniture and furnishings related to ment of Justice Wireless Management Office fication or the purpose of the disbursement, new space alteration and construction and to be available only for the conversion as so modified. projects: Provided, That, of the amount made to narrowband communications and for the (5)(A) If a disbursement from the Working available under this heading, $33,000, shall be operations and maintenance of legacy radio Capital Fund in fiscal year 2002 will require transferred to, and merged with, funds in the systems. any bureau or organization in the Depart- ‘‘Salaries and Expenses, United States Mar- ADMINISTRATIVE OFFICE OF THE UNITED ment of Commerce to incur costs not pre- shals Service’’ appropriations account in STATES COURTS viously specified in the report under para- title I of the Act, to be available only for SALARIES AND EXPENSES graph (1), the disbursement may not be made court operations in Lander, Wyoming. For necessary expenses of the Administra- until 15 days after the date on which such In addition, for expenses of the United bureau or organization submits to the Com- tive Office of the United States Courts as au- States Court of Federal Claims associated thorized by law, including travel as author- mittees on Appropriations of the Senate and with processing cases under the National House of Representatives a Memorandum of ized by 31 U.S.C. 1345, hire of a passenger Childhood Vaccine Injury Act of 1986, not to motor vehicle as authorized by 31 U.S.C. Agreement providing for such bureau or or- exceed $2,692,000, to be appropriated from the 1343(b), advertising and rent in the District ganization to incur such costs. Vaccine Injury Compensation Trust Fund. (B) Each Memorandum of Agreement under of Columbia and elsewhere, $58,212,000, of DEFENDER SERVICES this paragraph shall specify the provision of which $3,000,000 shall only be available, by grant, for caption training, and of which not statute providing authority for the disburse- For the operation of Federal Public De- to exceed $8,500 is authorized for official re- ment concerned. fender and Community Defender organiza- (e) Amounts in the ‘‘Advances and Reim- tions; the compensation and reimbursement ception and representation expenses. bursements’’ account may not be used to as- of expenses of attorneys appointed to rep- FEDERAL JUDICIAL CENTER sess or collect costs or charges against or resent persons under the Criminal Justice SALARIES AND EXPENSES from any bureau or organization of the De- Act of 1964, as amended; the compensation For necessary expenses of the Federal Ju- partment of Commerce unless the costs or and reimbursement of expenses of persons dicial Center, as authorized by Public Law charges are incurred for a project has been furnishing investigative, expert and other 90–219, $19,742,000; of which $1,800,000 shall re- approved as a request for reprogramming services under the Criminal Justice Act of main available through September 30, 2003, under section 605. 1964 (18 U.S.C. 3006A(e)); the compensation to provide education and training to Federal This title may be cited as the ‘‘Department (in accordance with Criminal Justice Act court personnel; and of which not to exceed of Commerce and Related Agencies Appro- maximums) and reimbursement of expenses $1,000 is authorized for official reception and priations Act, 2002’’. of attorneys appointed to assist the court in representation expenses. criminal cases where the defendant has TITLE III—THE JUDICIARY JUDICIAL RETIREMENT FUNDS waived representation by counsel; the com- PAYMENT TO JUDICIARY TRUST FUNDS SUPREME COURT OF THE UNITED STATES pensation and reimbursement of travel ex- SALARIES AND EXPENSES penses of guardians ad litem acting on behalf For payment to the Judicial Officers’ Re- For expenses necessary for the operation of of financially eligible minor or incompetent tirement Fund, as authorized by 28 U.S.C. the Supreme Court, as required by law, ex- offenders in connection with transfers from 377(o), $26,700,000; to the Judicial Survivors’ cluding care of the building and grounds, in- the United States to foreign countries with Annuities Fund, as authorized by 28 U.S.C. cluding purchase or hire, driving, mainte- which the United States has a treaty for the 376(c), $8,400,000; and to the United States nance, and operation of an automobile for execution of penal sentences; and the com- Court of Federal Claims Judges’ Retirement the Chief Justice, not to exceed $10,000 for pensation of attorneys appointed to rep- Fund, as authorized by 28 U.S.C. 178(l), $1,900,000. the purpose of transporting Associate Jus- resent jurors in civil actions for the protec- tices, and hire of passenger motor vehicles as tion of their employment, as authorized by UNITED STATES SENTENCING COMMISSION authorized by 31 U.S.C. 1343 and 1344; not to 28 U.S.C. 1875(d), $463,756,000, of which SALARIES AND EXPENSES exceed $10,000 for official reception and rep- $257,710,000 is for federal defender organiza- For the salaries and expenses necessary to resentation expenses; and for miscellaneous tions, to remain available until expended. carry out the provisions of chapter 58 of title

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9269 28, United States Code, $11,327,000, of which expended, shall be transferred to, and merged section, to be used for the purposes set out in not to exceed $1,000 is authorized for official with, funds in the ‘‘Narrowband Communica- that section; in addition, as authorized by reception and representation expenses. tions’’ appropriations account in title I of section 810 of the United States Information GENERAL PROVISIONS—THE JUDICIARY this Act, to be administered by the Depart- and Educational Exchange Act, not to exceed ment of Justice Wireless Management Office $6,000,000, to remain available until ex- SEC. 301. Appropriations and authoriza- and to be available only for the conversion tions made in this title which are available pended, may be credited to this appropria- to narrowband communications and for the for salaries and expenses shall be available tion from fees or other payments received operations and maintenance of legacy radio for services as authorized by 5 U.S.C. 3109. from English teaching, library, motion pic- systems: Provided further, That of the SEC. 302. Not to exceed 5 percent of any ap- tures, and publication programs, and from amount made available under this heading, propriation made available for the current fees from educational advising and coun- $694,190,000 shall be available only for infor- fiscal year for the Judiciary in this Act may seling, and exchange visitor programs; and, mation resource management: Provided fur- be transferred between such appropriations, in addition, not to exceed $15,000, which shall ther, That of the amount made available but no such appropriation, except ‘‘Courts of be derived from reimbursements, surcharges, under this heading, $9,000,000 shall be avail- Appeals, District Courts, and Other Judicial and fees for use of Blair House facilities. able only for the East-West Center: Provided Services, Defender Services’’ and ‘‘Courts of In addition, for the costs of worldwide se- further, That, notwithstanding any other Appeals, District Courts, and Other Judicial curity upgrades, $409,363,000, to remain avail- provision of law, not to exceed $335,000,000 of Services, Fees of Jurors and Commis- able until expended. offsetting collections derived from fees col- CAPITAL INVESTMENT FUND sioners’’, shall be increased by more than 10 lected under the authority of section percent by any such transfers: Provided, That 104(a)(1) of the Foreign Relations Authoriza- For necessary expenses of the Capital In- any transfer pursuant to this section shall be tion Act, Fiscal Years 1994 and 1995 (Public vestment Fund, $210,000,000, to remain avail- treated as a reprogramming of funds under Law 103–236) during fiscal year 2002 shall be able until expended, as authorized: Provided, section 605 of this Act and shall not be avail- retained and used for authorized expenses in That section 135(e) of Public Law 103–236 able for obligation or expenditure except in this appropriation and shall remain avail- shall not apply to funds available under this compliance with the procedures set forth in able until expended: Provided further, That heading. that section. any fees received in excess of $335,000,000 in OFFICE OF INSPECTOR GENERAL SEC. 303. Notwithstanding any other provi- fiscal year 2002 shall not be available for ob- For necessary expenses of the Office of In- sion of law, the salaries and expenses appro- ligation and shall be returned to the General priation for district courts, courts of ap- spector General, $28,427,000, notwithstanding Fund: Provided further, That notwithstanding section 209(a)(1) of the Foreign Service Act peals, and other judicial services shall be any other provision of law, a citizen of the available for official reception and represen- of 1980, as amended (Public Law 96–465), as it United States approved by the Department relates to post inspections. tation expenses of the Judicial Conference of of State to serve as Deputy Director General EDUCATIONAL AND CULTURAL EXCHANGE the United States: Provided, That such avail- of the World Intellectual Property Organiza- PROGRAMS able funds shall not exceed $11,000 and shall tion shall, while serving in such position, be be administered by the Director of the Ad- deemed an employee in a foreign area within For expenses of educational and cultural ministrative Office of the United States the meaning of 5 U.S.C. Section 5923, and exchange programs, as authorized, Courts in the capacity as Secretary of the qualify for a living quarters allowance as au- $242,000,000, to remain available until ex- Judicial Conference. thorized by 5 U.S.C. 5923(2): Provided further, pended: Provided, That not to exceed $800,000, SEC. 304. Section 140 of Public Law 97–92 (28 That a citizen of the United States approved to remain available until expended, may be U.S.C. 461 note; 95 Stat. 1200) shall apply to by the Department of State to serve as Dep- credited to this appropriation from fees or fiscal year 2002 and each fiscal year there- uty Director General of the World Intellec- other payments received from or in connec- after. tual Property Organization shall, while serv- tion with English teaching and educational SEC. 305. Of the unexpended balances trans- ing in such position, be deemed as an em- advising and counseling programs as author- ferred to the Commission on Structural Al- ployee approved for transfer to an inter- ized. ternatives in Federal Appellate Courts, national organization within the meaning of REPRESENTATION ALLOWANCES $400,000 shall be transferred to, and merged 5 U.S.C. Section 352, and eligible to continue with, funds in the ‘‘Federal Judicial Center, For representation allowances as author- participating in the retirement, health ben- ized, $9,000,000. Salaries and Expenses’’ appropriations ac- efit, group life insurance, and other benefit count to be available only for distance learn- programs as provided in that section: Pro- PROTECTION OF FOREIGN MISSIONS AND ing. vided further, That advances for services au- OFFICIALS This title may be cited as this ‘‘Judiciary thorized by 22 U.S.C. 3620(c) may be credited For expenses, not otherwise provided, to Appropriations Act, 2002’’. to this account, to remain available until ex- enable the Secretary of State to provide for TITLE IV—DEPARTMENT OF STATE AND pended for such services: Provided further, extraordinary protective services, as author- RELATED AGENCY That no funds may be obligated or expended ized, $10,000,000, to remain available until DEPARTMENT OF STATE for processing licenses for the export of sat- September 30, 2003. ellites of United States origin (including ADMINISTRATION OF FOREIGN AFFAIRS EMBASSY SECURITY, CONSTRUCTION, AND commercial satellites and satellite compo- MAINTENANCE DIPLOMATIC AND CONSULAR PROGRAMS nents) to the People’s Republic of China, un- For necessary expenses for carrying out For necessary expenses of the Department less, at least 15 days in advance, the Com- the Foreign Service Buildings Act of 1926, as of State and the Foreign Service not other- mittees on Appropriations of the House of amended (22 U.S.C. 292–300), preserving, wise provided for, including employment, Representatives and the Senate are notified maintaining, repairing, and planning for, without regard to civil service and classifica- of such proposed action: Provided further, buildings that are owned or directly leased tion laws, of persons on a temporary basis That of the amounts made available under by the Department of State, renovating, in (not to exceed $700,000 of this appropriation), this heading, $5,000,000 shall be available addition to funds otherwise available, the as authorized; representation to certain only for the reimbursement costs incurred Main State Building, and carrying out the international organizations in which the by the State of Hawaii for security expenses Diplomatic Security Construction Program United States participates pursuant to trea- relating to the May 2001 Asian Development as authorized, $405,391,000, to remain avail- ties, ratified pursuant to the advice and con- Bank Meeting: Provided further, That of the able until expended as authorized, of which sent of the Senate, or specific Acts of Con- amount made available under this heading, not to exceed $25,000 may be used for domes- gress; arms control, nonproliferation and dis- $45,419,000 shall only be available to imple- tic and overseas representation as author- armament activities as authorized; acquisi- ment the 1999 Pacific Salmon Treaty Agree- ized: Provided, That none of the funds appro- tion by exchange or purchase of passenger ment, of which $20,000,000 shall be deposited priated in this paragraph shall be available motor vehicles as authorized by law; and for in the Northern Boundary and Transbound- for acquisition of furniture and furnishings expenses of general administration, ary Rivers Restoration and Enhancement and generators for other departments and $3,088,990,000: Provided, That, of the amount Fund, of which $20,000,000 shall be deposited agencies. made available under this heading, not to ex- in the Southern Boundary Restoration and In addition, for the costs of worldwide se- ceed $4,000,000 may be transferred to, and Enhancement Fund, and of which $5,419,000 curity upgrades, acquisition, and construc- merged with, funds in the ‘‘Emergencies in shall be for a direct payment to the State of tion, $661,560,000, to remain available until the Diplomatic and Consular Service’’ appro- Washington for obligations under the 1999 expended. priations account, to be available only for Pacific Salmon Treaty Agreement. emergency evacuations and terrorism re- In addition, not to exceed $1,252,000 shall be EMERGENCIES IN THE DIPLOMATIC AND wards: Provided further, That of the amount derived from fees collected from other execu- CONSULAR SERVICE made available under this heading, $7,800,000 tive agencies for lease or use of facilities lo- For expenses necessary to enable the Sec- shall be available only to provide language, cated at the International Center in accord- retary of State to meet unforeseen emer- security, leadership and management, and ance with section 4 of the International Cen- gencies arising in the Diplomatic and Con- professional training: Provided further, That ter Act, as amended; in addition, as author- sular Service, $5,465,000, to remain available of the amount made available under this ized by section 5 of such Act, $490,000, to be until expended as authorized, of which not to heading, $6,000,000 to remain available until derived from the reserve authorized by that exceed $1,000,000 may be transferred to and

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merged with the Repatriation Loans Pro- INTERNATIONAL BOUNDARY AND WATER the funds appropriated herein shall be used gram Account, subject to the same terms COMMISSION, UNITED STATES AND MEXICO to pay any salary, or enter into any contract and conditions. For necessary expenses for the United providing for the payment thereof, in excess REPATRIATION LOANS PROGRAM ACCOUNT States Section of the International Bound- of the rate authorized by 5 U.S.C. 5376. For the cost of direct loans, $612,000, as au- ary and Water Commission, United States NATIONAL ENDOWMENT FOR DEMOCRACY thorized: Provided, That such costs, including and Mexico, and to comply with laws appli- For grants made by the Department of the cost of modifying such loans, shall be as cable to the United States Section, including State to the National Endowment for De- defined in section 502 of the Congressional not to exceed $6,000 for representation; as mocracy as authorized by the National En- Budget Act of 1974. In addition, for adminis- follows: dowment for Democracy Act, $31,000,000, to trative expenses necessary to carry out the SALARIES AND EXPENSES remain available until expended. direct loan program, $607,000, which may be For salaries and expenses, not otherwise RELATED AGENCY transferred to and merged with the Diplo- provided for, $7,452,000. BROADCASTING BOARD OF GOVERNORS matic and Consular Programs account under CONSTRUCTION INTERNATIONAL BROADCASTING OPERATIONS Administration of Foreign Affairs. For detailed plan preparation and con- For expenses necessary to enable the PAYMENT TO THE AMERICAN INSTITUTE IN struction of authorized projects, $24,154,000, Broadcasting Board of Governors, as author- TAIWAN to remain available until expended, as au- ized, to carry out international communica- For necessary expenses to carry out the thorized. tion activities, $414,752,000, of which not to Taiwan Relations Act, Public Law 96–8, AMERICAN SECTIONS, INTERNATIONAL exceed $16,000 may be used for official recep- $17,044,000. COMMISSIONS tions within the United States as authorized, not to exceed $35,000 may be used for rep- PAYMENT TO THE FOREIGN SERVICE For necessary expenses, not otherwise pro- resentation abroad as authorized, and not to RETIREMENT AND DISABILITY FUND vided for the International Joint Commis- exceed $39,000 may be used for official recep- For payment to the Foreign Service Re- sion and the International Boundary Com- tion and representation expenses of Radio tirement and Disability Fund, as authorized mission, United States and Canada, as au- Free Europe/Radio Liberty; and in addition, by law, $135,629,000. thorized by treaties between the United notwithstanding any other provision of law, States and Canada or Great Britain, and for INTERNATIONAL ORGANIZATIONS AND not to exceed $2,000,000 in receipts from ad- the Border Environment Cooperation Com- CONFERENCES vertising and revenue from business ven- mission as authorized by Public Law 103–182, CONTRIBUTIONS TO INTERNATIONAL tures, not to exceed $500,000 in receipts from $6,879,000, of which not to exceed $9,000 shall ORGANIZATIONS cooperating international organizations, and be available for representation expenses in- not to exceed $1,000,000 in receipts from pri- For expenses, not otherwise provided for, curred by the International Joint Commis- vatization efforts of the Voice of America necessary to meet annual obligations of sion. membership in international multilateral or- and the International Broadcasting Bureau, ganizations, pursuant to treaties ratified INTERNATIONAL FISHERIES COMMISSIONS to remain available until expended for car- pursuant to the advice and consent of the For necessary expenses for international rying out authorized purposes. Senate, conventions or specific Acts of Con- fisheries commissions, not otherwise pro- BROADCASTING TO CUBA gress, $1,091,348,000: Provided, That any pay- vided for, as authorized by law, $20,780,000: For necessary expenses to enable the ment of arrearages under this title shall be Provided, That the United States’ share of Broadcasting Board of Governors to carry directed toward special activities that are such expenses may be advanced to the re- out broadcasting to Cuba, including the pur- mutually agreed upon by the United States spective commissions, pursuant to 31 U.S.C. chase, rent, construction, and improvement and the respective international organiza- 3324. of facilities for radio and television trans- tion: Provided further, That none of the funds OTHER mission and reception, and purchase and in- appropriated in this paragraph shall be avail- PAYMENT TO THE ASIA FOUNDATION stallation of necessary equipment for radio able for a United States contribution to an and television transmission and reception, international organization for the United For a grant to the Asia Foundation, as au- thorized by section 501 of Public Law 101–246, $24,872,000, to remain available until ex- States share of interest costs made known to pended. the United States Government by such orga- $8,000,000, to remain available until ex- BROADCASTING CAPITAL IMPROVEMENTS nization for loans incurred on or after Octo- pended, as authorized. ber 1, 1984, through external borrowings: Pro- EISENHOWER EXCHANGE FELLOWSHIP PROGRAM For the purchase, rent, construction, and vided further, That funds appropriated under TRUST FUND improvement of facilities for radio trans- this paragraph may be obligated and ex- For necessary expenses of Eisenhower Ex- mission and reception, and purchase and in- pended to pay the full United States assess- change Fellowships, Incorporated, as author- stallation of necessary equipment for radio ment to the civil budget of the North Atlan- ized by sections 4 and 5 of the Eisenhower and television transmission and reception as tic Treaty Organization. Exchange Fellowship Act of 1990 (20 U.S.C. authorized, $16,900,000, to remain available until expended, as authorized. CONTRIBUTIONS FOR INTERNATIONAL 5204–5205), all interest and earnings accruing PEACEKEEPING ACTIVITIES to the Eisenhower Exchange Fellowship Pro- GENERAL PROVISIONS—DEPARTMENT OF STATE gram Trust Fund on or before September 30, AND RELATED AGENCY For necessary expenses to pay assessed and 2002, to remain available until expended: Pro- other expenses of international peacekeeping SEC. 401. Funds appropriated under this vided, That none of the funds appropriated activities directed to the maintenance or title shall be available, except as otherwise herein shall be used to pay any salary or restoration of international peace and secu- provided, for allowances and differentials as other compensation, or to enter into any rity, $773,182,000, of which 15 percent shall re- authorized by subchapter 59 of title 5, United contract providing for the payment thereof, main available until September 30, 2003: Pro- States Code; for services as authorized by 5 in excess of the rate authorized by 5 U.S.C. vided, That none of the funds made available U.S.C. 3109; and hire of passenger transpor- 5376; or for purposes which are not in accord- under this Act shall be obligated or expended tation pursuant to 31 U.S.C. 1343(b). ance with OMB Circulars A–110 (Uniform Ad- SEC. 402. Not to exceed 5 percent of any ap- for any new or expanded United Nations ministrative Requirements) and A–122 (Cost propriation made available for the current peacekeeping mission unless, at least 15 days Principles for Non-profit Organizations), in- fiscal year for the Department of State in in advance of voting for the new or expanded cluding the restrictions on compensation for this Act may be transferred between such ap- mission in the United Nations Security personal services. propriations, but no such appropriation, ex- Council (or in an emergency, as far in ad- cept as otherwise specifically provided, shall vance as is practicable): (1) the Committees ISRAELI ARAB SCHOLARSHIP PROGRAM be increased by more than 10 percent by any on Appropriations of the House of Represent- For necessary expenses of the Israeli Arab such transfers: Provided, That not to exceed atives and the Senate and other appropriate Scholarship Program as authorized by sec- 5 percent of any appropriation made avail- committees of the Congress are notified of tion 214 of the Foreign Relations Authoriza- able for the current fiscal year for the Broad- the estimated cost and length of the mission, tion Act, Fiscal Years 1992 and 1993 (22 U.S.C. casting Board of Governors in this Act may the vital national interest that will be 2452), all interest and earnings accruing to be transferred between such appropriations, served, and the planned exit strategy; and (2) the Israeli Arab Scholarship Fund on or be- but no such appropriation, except as other- a reprogramming of funds pursuant to sec- fore September 30, 2002, to remain available wise specifically provided, shall be increased tion 605 of this Act is submitted, and the pro- until expended. by more than 10 percent by any such trans- cedures therein followed, setting forth the EAST-WEST CENTER fers: Provided further, That any transfer pur- source of funds that will be used to pay for To enable the Secretary of State to provide suant to this section shall be treated as a re- the cost of the new or expanded mission. for carrying out the provisions of the Center programming of funds under section 605 of INTERNATIONAL COMMISSIONS for Cultural and Technical Interchange Be- this Act and shall not be available for obliga- For necessary expenses, not otherwise pro- tween East and West Act of 1960, by grant to tion or expenditure except in compliance vided for, to meet obligations of the United the Center for Cultural and Technical Inter- with the procedures set forth in that section. States arising under treaties, or specific change Between East and West in the State SEC. 403. None of the funds made available Acts of Congress, as follows: of Hawaii, $14,000,000: Provided, That none of in this Act may be used by the Department

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There is hereby enacted into law Act, 1936, or otherwise, in excess of the ap- to exceed $4,000 for official reception and rep- S. 787 of the 107th Congress (as introduced on propriations and limitations contained in resentation expenses; purchase (not to ex- April 26, 2001). this Act or in any prior appropriation Act. ceed 16) and hire of motor vehicles; special SEC. 405. Hereafter, none of the funds ap- COMMISSION FOR THE PRESERVATION OF counsel fees; and services as authorized by 5 propriated or otherwise made available for AMERICA’S HERITAGE ABROAD U.S.C. 3109, $252,545,000, of which not to ex- the United Nations may be used by the SALARIES AND EXPENSES ceed $300,000 shall remain available until United Nations for the promulgation or en- For expenses for the Commission for the September 30, 2003, for research and policy forcement of any treaty, resolution, or regu- Preservation of America’s Heritage Abroad, studies: Provided, That $218,757,000 of offset- lation authorizing the United Nations, or $489,000, as authorized by section 1303 of Pub- ting collections shall be assessed and col- any of its specialized agencies or affiliated lic Law 99–83. lected pursuant to section 9 of title I of the organizations, to tax any aspect of the Inter- Communications Act of 1934, as amended, COMMISSION ON CIVIL RIGHTS net or international currency transactions. and shall be retained and used for necessary SEC. 406. None of the funds appropriated or SALARIES AND EXPENSES expenses in this appropriation, and shall re- otherwise made available by this Act or any For necessary expenses of the Commission main available until expended: Provided fur- other Act for fiscal year 2002 or any fiscal on Civil Rights, including hire of passenger ther, That the sum herein appropriated shall year thereafter may be obligated or ex- motor vehicles, $9,096,000: Provided, That not be reduced as such offsetting collections are pended for the operation of a United States to exceed $50,000 may be used to employ con- received during fiscal year 2002 so as to re- consulate or diplomatic facility in Jeru- sultants: Provided further, That none of the sult in a final fiscal year 2002 appropriation salem unless such consulate or diplomatic funds appropriated in this paragraph shall be estimated at $29,788,000: Provided further, facility is under the supervision of the used to employ in excess of four full-time in- That any offsetting collections received in United States Ambassador to Israel. dividuals under Schedule C of the Excepted excess of $218,757,000 in fiscal year 2002 shall SEC. 407. None of the funds appropriated or Service exclusive of one special assistant for remain available until expended, but shall otherwise made available by this Act or any each Commissioner: Provided further, That not be available for obligation until October other Act for fiscal year 2002 or any fiscal none of the funds appropriated in this para- 1, 2002. year thereafter may be obligated or ex- graph shall be used to reimburse Commis- FEDERAL MARITIME COMMISSION pended for the publication of any official sioners for more than 75 billable days, with Government document which lists countries the exception of the chairperson, who is per- SALARIES AND EXPENSES and their capital cities unless the publica- mitted 125 billable days. For necessary expenses of the Federal Mar- tion identifies Jerusalem as the capital of COMMISSION ON OCEAN POLICY itime Commission as authorized by section 201(d) of the Merchant Marine Act, 1936, as Israel. SALARIES AND EXPENSES SEC. 408. For the purposes of registration of amended (46 U.S.C. App. 1111), including serv- For the necessary expenses of the Commis- birth, certification of nationality, or ices as authorized by 5 U.S.C. 3109; hire of sion on Ocean Policy, pursuant to Public issuance of a passport of a United States cit- passenger motor vehicles as authorized by 31 Law 106–256, $2,500,000, to remain available izen born in the city of Jerusalem, the Sec- U.S.C. 1343(b); and uniforms or allowances until expended: Provided, That the Commis- retary of State shall, upon request of the cit- therefor, as authorized by 5 U.S.C. 5901–5902, sion shall present to the Congress within 18 izen, record the place of birth as Israel. $17,450,000: Provided, That not to exceed $2,000 months of appointment its recommendations This title may be cited as the ‘‘Department shall be available for official reception and for a national ocean policy. of State and Related Agency Appropriations representation expenses. COMMISSION ON SECURITY AND COOPERATION IN Act, 2002’’. FEDERAL TRADE COMMISSION EUROPE TITLE V—RELATED AGENCIES SALARIES AND EXPENSES SALARIES AND EXPENSES DEPARTMENT OF TRANSPORTATION For necessary expenses of the Commission For necessary expenses of the Federal MARITIME ADMINISTRATION on Security and Cooperation in Europe, as Trade Commission, including uniforms or al- MARITIME SECURITY PROGRAM authorized by Public Law 94–304, $1,432,000, to lowances therefor, as authorized by 5 U.S.C. For necessary expenses to maintain and remain available until expended as author- 5901–5902; services as authorized by 5 U.S.C. preserve a U.S.-flag merchant fleet to serve ized by section 3 of Public Law 99–7. 3109; hire of passenger motor vehicles; not to exceed $2,000 for official reception and rep- the national security needs of the United CONGRESSIONAL-EXECUTIVE COMMISSION ON resentation expenses, $156,270,000: Provided, States, $98,700,000, to remain available until THE PEOPLE’S REPUBLIC OF CHINA expended. That not to exceed $300,000 shall be available SALARIES AND EXPENSES for use to contract with a person or persons OPERATIONS AND TRAINING For necessary expenses of the Congres- for collection services in accordance with For necessary expenses of operations and sional-Executive Commission on the People’s the terms of 31 U.S.C. 3718, as amended: Pro- training activities authorized by law, Republic of China, as authorized, $500,000, to vided further, That, notwithstanding any $89,054,000. remain available until expended. other provision of law, not to exceed MARITIME GUARANTEED LOAN (TITLE XI) EQUAL EMPLOYMENT OPPORTUNITY $156,270,000 of offsetting collections derived PROGRAM ACCOUNT COMMISSION from fees collected for premerger notifica- For the cost of guaranteed loans, as au- SALARIES AND EXPENSES tion filings under the Hart-Scott-Rodino thorized by the Merchant Marine Act, 1936, For necessary expenses of the Equal Em- Antitrust Improvements Act of 1976 (15 $100,000,000, to remain available until ex- ployment Opportunity Commission as au- U.S.C. 18a), regardless of the year of collec- pended: Provided, That such costs, including thorized by title VII of the Civil Rights Act tion, shall be retained and used for necessary the cost of modifying such loans, shall be as of 1964, as amended (29 U.S.C. 206(d) and 621– expenses in this appropriation, and shall re- defined in section 502 of the Congressional 634), the Americans with Disabilities Act of main available until expended: Provided fur- Budget Act of 1974, as amended. 1990, and the Civil Rights Act of 1991, includ- ther, That the sum herein appropriated from In addition, for administrative expenses to ing services as authorized by 5 U.S.C. 3109; the general fund shall be reduced as such off- carry out the guaranteed loan program, not hire of passenger motor vehicles as author- setting collections are received during fiscal to exceed $3,978,000, which shall be trans- ized by 31 U.S.C. 1343(b); non-monetary year 2002, so as to result in a final fiscal year ferred to and merged with the appropriation awards to private citizens; and not to exceed 2002 appropriation from the general fund es- for Operations and Training. $33,000,000 for payments to State and local timated at not more than $0, to remain available until expended: Provided further, ADMINISTRATIVE PROVISIONS—MARITIME enforcement agencies for services to the That none of the funds made available to the ADMINISTRATION Commission pursuant to title VII of the Civil Rights Act of 1964, as amended, sections 6 Federal Trade Commission shall be available Notwithstanding any other provision of and 14 of the Age Discrimination in Employ- for obligation for expenses authorized by sec- this Act, the Maritime Administration is au- ment Act, the Americans with Disabilities tion 151 of the Federal Deposit Insurance thorized to furnish utilities and services and Act of 1990, and the Civil Rights Act of 1991, Corporation Improvement Act of 1991 (Public make necessary repairs in connection with $310,406,000: Provided, That the Commission is Law 102–242; 105 Stat. 2282–2285). any lease, contract, or occupancy involving authorized to make available for official re- LEGAL SERVICES CORPORATION Government property under control of the ception and representation expenses not to Maritime Administration, and payments re- PAYMENT TO THE LEGAL SERVICES exceed $2,500 from available funds. ceived therefore shall be credited to the ap- CORPORATION propriation charged with the cost thereof: FEDERAL COMMUNICATIONS COMMISSION For payment to the Legal Services Cor- Provided, That rental payments under any SALARIES AND EXPENSES poration to carry out the purposes of the such lease, contract, or occupancy for items For necessary expenses of the Federal Legal Services Corporation Act of 1974, as other than such utilities, services, or repairs Communications Commission, as authorized amended, $329,300,000, of which $310,000,000 is

VerDate Mar 15 2010 03:22 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 S9272 CONGRESSIONAL RECORD — SENATE September 10, 2001 for basic field programs and required inde- be credited to this account as offsetting col- $125,354,000, which may be transferred to and pendent audits; $2,500,000 is for the Office of lections: Provided further, That fees collected merged with appropriations for Salaries and Inspector General, of which such amounts as as authorized by section 31 of the Securities Expenses, of which $500,000 is for the Office of may be necessary may be used to conduct ad- Exchange Act of 1934 (15 U.S.C. 78ee) for sales Inspector General of the Small Business Ad- ditional audits of recipients; $12,400,000 is for transacted on, and with respect to securities ministration for audits and reviews of dis- management and administration and registered solely on, an exchange that is ini- aster loans and the disaster loan program $4,400,000 is for client self-help and informa- tially granted registration as a national se- and shall be transferred to and merged with tion technology: Provided, That none of such curities exchange after February 24, 2000 appropriations for the Office of Inspector funds for management and administration shall be credited to this account as offsetting General; of which $115,000,000 is for direct ad- shall be obligated or expended for any pro- collections: Provided further, That for pur- ministrative expenses of loan making and gram that is in addition to, or expanded poses of collections under section 31, a secu- servicing to carry out the direct loan pro- from, the programs funded under this head- rity shall not be deemed registered on a na- gram; and of which $9,854,000 is for indirect ing for fiscal year 2001, unless the Legal tional securities exchange solely because administrative expenses: Provided, That any Services Corporation prepares a spending that national securities exchange continues amount in excess of $9,854,000 to be trans- plan for such funds, and notifies the Commit- or extends unlisted trading privileges to that ferred to and merged with appropriations for tees on Appropriations of the House of Rep- security. Salaries and Expenses for indirect adminis- resentatives and the Senate concerning the SMALL BUSINESS ADMINISTRATION trative expenses shall be treated as a re- contents of the spending plan. SALARIES AND EXPENSES programming of funds under section 605 of this Act and shall not be available for obliga- ADMINISTRATIVE PROVISION—LEGAL SERVICES For necessary expenses, not otherwise pro- tion or expenditure except in compliance CORPORATION vided for, of the Small Business Administra- with the procedures set forth in that section. None of the funds appropriated in this Act tion as authorized by Public Law 105–135, in- to the Legal Services Corporation shall be cluding hire of passenger motor vehicles as ADMINISTRATIVE PROVISION—SMALL BUSINESS expended for any purpose prohibited or lim- authorized by 31 U.S.C. 1343 and 1344, and not ADMINISTRATION ited by, or contrary to any of the provisions to exceed $3,500 for official reception and rep- Not to exceed 5 percent of any appropria- of, sections 501, 502, 503, 504, 505, and 506 of resentation expenses, $333,233,000: Provided, tion made available for the current fiscal Public Law 105–119, and all funds appro- That the Administrator is authorized to year for the Small Business Administration priated in this Act to the Legal Services Cor- charge fees to cover the cost of publications in this Act may be transferred between such poration shall be subject to the same terms developed by the Small Business Administra- appropriations, but no such appropriation and conditions set forth in such sections, ex- tion, and certain loan servicing activities: shall be increased by more than 10 percent cept that all references in sections 502 and Provided further, That, notwithstanding 31 by any such transfers: Provided, That any 503 to 1997 and 1998 shall be deemed to refer U.S.C. 3302, revenues received from all such transfer pursuant to this paragraph shall be instead to 2001 and 2002, respectively. activities shall be credited to this account, treated as a reprogramming of funds under MARINE MAMMAL COMMISSION to be available for carrying out these pur- section 605 of this Act and shall not be avail- poses without further appropriations: Pro- able for obligation or expenditure except in SALARIES AND EXPENSES vided further, That $88,000,000 shall be avail- compliance with the procedures set forth in For necessary expenses of the Marine able to fund grants for performance in fiscal that section. Mammal Commission as authorized by title year 2002 or fiscal year 2003 as authorized by STATE JUSTICE INSTITUTE II of Public Law 92–522, as amended, section 21 of the Small Business Act, as SALARIES AND EXPENSES $1,957,000. amended. For necessary expenses of the State Jus- NATIONAL VETERANS BUSINESS DEVELOPMENT OFFICE OF INSPECTOR GENERAL tice Institute, as authorized by the State CORPORATION For necessary expenses of the Office of In- Justice Institute Authorization Act of 1992 For necessary expenses of the National spector General in carrying out the provi- (Public Law 102–572; 106 Stat. 4515–4516), Veterans Business Development Corporation sions of the Inspector General Act of 1978, as $14,850,000, to remain available until ex- as authorized under section 33(a) of the amended (5 U.S.C. App.), $11,000,000. pended: Provided, That not to exceed $2,500 Small Business Act, as amended, $4,000,000. BUSINESS LOANS PROGRAM ACCOUNT shall be available for official reception and SECURITIES AND EXCHANGE COMMISSION For the cost of direct loans, $1,860,000, to be representation expenses. SALARIES AND EXPENSES available until expended; and for the cost of UNITED STATES-CANADA ALASKA RAIL For necessary expenses for the Securities guaranteed loans, $93,500,000, as authorized COMMISSION and Exchange Commission, including serv- by 15 U.S.C. 631 note, of which $45,000,000 SALARIES AND EXPENSES ices as authorized by 5 U.S.C. 3109, the rental shall remain available until September 30, For necessary expenses of the ‘‘United of space (to include multiple year leases) in 2003: Provided, That such costs, including the States-Canada Alaska Rail Commission’’, as the District of Columbia and elsewhere, and cost of modifying such loans, shall be as de- authorized by Title III of Public Law 106–520, not to exceed $3,000 for official reception and fined in section 502 of the Congressional $4,000,000. representation expenses, $109,500,000 from Budget Act of 1974, as amended: Provided fur- TITLE VI—GENERAL PROVISIONS fees collected in fiscal year 2002 to remain ther, That during fiscal year 2002, commit- SEC. 601. No part of any appropriation con- ments to guarantee loans under section 503 available until expended, and from fees col- tained in this Act shall be used for publicity of the Small Business Investment Act of lected in fiscal year 2000, $404,547,000 to re- or propaganda purposes not authorized by 1958, as amended, shall not exceed main available until expended; of which not the Congress. $3,750,000,000: Provided further, That during to exceed $10,000 may be used toward funding SEC. 602. No part of any appropriation con- fiscal year 2002, commitments for general a permanent secretariat for the Inter- tained in this Act shall remain available for business loans authorized under section 7(a) national Organization of Securities Commis- obligation beyond the current fiscal year un- of the Small Business Act, as amended, shall sions; and of which not to exceed $100,000 less expressly so provided herein. not exceed $10,000,000,000 without prior noti- shall be available for expenses for consulta- SEC. 603. The expenditure of any appropria- tions and meetings hosted by the Commis- fication of the Committees on Appropria- tion under this Act for any consulting serv- sion with foreign governmental and other tions of the House of Representatives and ice through procurement contract, pursuant regulatory officials, members of their dele- Senate in accordance with section 605 of this to 5 U.S.C. 3109, shall be limited to those gations, appropriate representatives and Act: Provided further, That during fiscal year contracts where such expenditures are a staff to exchange views concerning develop- 2002, commitments to guarantee loans under matter of public record and available for ments relating to securities matters, devel- section 303(b) of the Small Business Invest- public inspection, except where otherwise opment and implementation of cooperation ment Act of 1958, as amended, shall not ex- provided under existing law, or under exist- agreements concerning securities matters ceed $4,100,000,000. ing Executive order issued pursuant to exist- In addition, for administrative expenses to and provision of technical assistance for the ing law. carry out the direct and guaranteed loan development of foreign securities markets, SEC. 604. (a) The caption for section 504 of such expenses to include necessary logistic programs, $129,000,000, which may be trans- title 28, United States Code, is amended by and administrative expenses and the ex- ferred to and merged with the appropriations replacing ‘‘Attorney’’ with ‘‘Attorneys’’. penses of Commission staff and foreign for Salaries and Expenses. (b) Section 504 of title 28, United States invitees in attendance at such consultations DISASTER LOANS PROGRAM ACCOUNT Code, is amended by inserting after ‘‘Gen- and meetings including: (1) such incidental For the cost of direct loans authorized by eral’’ the following, ‘‘and a Deputy Attorney expenses as meals taken in the course of section 7(b) of the Small Business Act, as General for Combating Domestic Ter- such attendance; (2) any travel and transpor- amended, $79,510,000, to remain available rorism’’. tation to or from such meetings; and (3) any until expended: Provided, That such costs, in- (c) There is established within the Depart- other related lodging or subsistence: Pro- cluding the cost of modifying such loans, ment of Justice the position of Deputy At- vided, That fees and charges authorized by shall be as defined in section 502 of the Con- torney General for Combating Domestic Ter- sections 6(b)(4) of the Securities Act of 1933 gressional Budget Act of 1974, as amended. rorism, who shall be appointed by the Presi- (15 U.S.C. 77f(b)(4)) and 31(d) of the Securities In addition, for administrative expenses to dent, by and with the advice and consent of Exchange Act of 1934 (15 U.S.C. 78ee(d)) shall carry out the direct loan program, the Senate.

VerDate Mar 15 2010 03:22 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 September 10, 2001 CONGRESSIONAL RECORD — SENATE S9273 (d) Subject to the authority of the Attor- that remain available for obligation or ex- wrestling, judo, karate, or other martial art, ney General, the Deputy Attorney General penditure in fiscal year 2002, or provided or any bodybuilding or weightlifting equip- for Combating Domestic Terrorism shall from any accounts in the Treasury of the ment of any sort; serve as the principal advisor to the Attor- United States derived by the collection of (4) possession of in-cell coffee pots, hot ney General on, and, with the Deputy Direc- fees available to the agencies funded by this plates or heating elements; or tor of the Federal Emergency Management Act, shall be available for obligation or ex- (5) the use or possession of any electric or Agency, serve as one of two key government penditure for activities, programs, or electronic musical instrument. officials responsible for domestic counterter- projects through a reprogramming of funds SEC. 613. Any costs incurred by a depart- rorism and antiterrorism policy. in excess of $500,000 or 10 percent, whichever ment or agency funded under this Act result- (e) The Deputy Attorney General for Com- is less, that: (1) augments existing programs, ing from personnel actions taken in response bating Terrorism together with the Deputy projects, or activities; (2) reduces by 10 per- to funding reductions included in this Act Director of the Federal Emergency Manage- cent funding for any existing program, shall be absorbed within the total budgetary ment Agency shall coordinate all functions project, or activity, or numbers of personnel resources available to such department or of the Federal Government related to domes- by 10 percent as approved by Congress; or (3) agency: Provided, That the authority to tic counterterrorism and antiterrorism ac- results from any general savings from a re- transfer funds between appropriations ac- tivities, including— duction in personnel which would result in a counts as may be necessary to carry out this (1) the development of a National Strategy change in existing programs, activities, or section is provided in addition to authorities for Combating Domestic Terrorism that projects as approved by Congress; unless the included elsewhere in this Act: Provided fur- shall establish national policies, objectives, Appropriations Committees of both Houses ther, That use of funds to carry out this sec- and priorities for preventing, preparing for, of Congress are notified 15 days in advance of tion shall be treated as a reprogramming of and responding to domestic terrorism within such reprogramming of funds. funds under section 605 of this Act and shall the United States; SEC. 606. Section 286(d) of Public Law 82– not be available for obligation or expendi- (2) the coordination of the implementation 414, as amended, is further amended— ture except in compliance with the proce- of the National Strategy for Combating Do- (1) in subsection (d), by striking ‘‘$6’’ and dures set forth in that section. mestic Terrorism by the departments and inserting ‘‘$7’’; and SEC. 614. Hereafter, none of the funds ap- agencies of the Federal Government and by (2) in subsection (h), by adding at the end propriated or otherwise made available to State and local entities with responsibilities the following new paragraph: the Federal Bureau of Prisons may be used for combating domestic terrorism; and ‘‘(3) Not less than nine percent of the total to distribute or make available any commer- (3) the recommendation of changes in the amounts deposited under this subsection in a cially published information or material to a organization and management of Federal de- fiscal year shall be available only to auto- prisoner when such information or material partments and agencies and State and local mate or otherwise improve the speed, accu- is sexually explicit or features nudity. entities engaged in combating domestic ter- racy, or security of the inspection process.’’. SEC. 615. (a) None of the funds appropriated rorism to the Congress, the President, the SEC. 607. None of the funds made available or otherwise made available by this Act shall Vice President, the Attorney General, and in this Act may be used for the construction, be expended for any purpose for which appro- the Director of the Federal Emergency Man- repair (other than emergency repair), over- priations are prohibited by section 616 of the agement Agency. haul, conversion, or modernization of vessels Departments of Commerce, Justice, and (f) Subject to the authority of the Attor- for the National Oceanic and Atmospheric State, the Judiciary, and Related Agencies ney General, the Deputy Attorney General Administration in shipyards located outside Appropriations Act, 1999, as amended. for Combating Domestic Terrorism shall be of the United States. (b) The requirements in subsections (b) and SEC. 608. Section 140 of Public Law 97–92 (28 responsible for State and local preparedness (c) of section 616 of that Act shall continue U.S.C. 461 note; 95 Stat. 1200) is amended by for weapons of mass destruction, security to apply during fiscal year 2002. adding at the end the following: ‘‘This sec- SEC. 616. None of the funds appropriated classifications and clearances within the De- tion shall apply to fiscal year 1981 and each pursuant to this Act or any other provision partment of Justice, and contingency oper- fiscal year thereafter.’’. of law may be used for: (1) the implementa- ations within the Department of Justice. SEC. 609. None of the funds made available tion of any tax or fee in connection with the (g) For necessary expenses of the Office of in this Act may be used to implement, ad- implementation of 18 U.S.C. 922(t); and (2) the Deputy Attorney General for Combating minister, or enforce any guidelines of the any system to implement 18 U.S.C. 922(t) Domestic Terrorism, $23,000,000, to remain Equal Employment Opportunity Commission that does not require and result in the de- available until expended. covering harassment based on religion, when (h) Notwithstanding any other provision of struction of any identifying information sub- such guidelines do not differ in any respect law, all authorities, liabilities, funding, per- mitted by or on behalf of any person who has from the proposed guidelines published by been determined not to be prohibited from sonnel, equipment, and real property associ- the Commission on October 1, 1993 (58 Fed. owning a firearm. ated with the Office of State and Local Do- Reg. 51266). SEC. 617. Notwithstanding any other provi- mestic Preparedness Support, the National SEC. 610. None of the funds made available sion of law, amounts deposited or available Domestic Preparedness Office, the Executive by this Act may be used for any United Na- in the Fund established under 42 U.S.C. 10601 Office of National Security, and such compo- tions undertaking when: (1) the United Na- in any fiscal year in excess of $576,462,000 nents which relate to domestic counterter- tions undertaking is a peacekeeping mission; shall not be available for obligation until the rorism and antiterrorism activities in the (2) such undertaking will involve United following fiscal year. Office of Intelligence Policy and Review as States Armed Forces under the command or SEC. 618. Hereafter, none of the funds ap- are appropriate shall be transferred to the operational control of a foreign national; and propriated or otherwise made available to Deputy Attorney General for Combating Do- (3) the President’s military advisors have not the Department of State and the Department mestic Terrorism not later than 90 days after submitted to the President a recommenda- of Justice shall be available for the purpose enactment of this Act. tion that such involvement is in the national of granting either immigrant or non- SEC. 605. (a) None of the funds provided security interests of the United States and immigrant visas, or both, consistent with under this Act, or provided under previous the President has not submitted to the Con- the Secretary’s determination under section appropriations Acts to the agencies funded gress such a recommendation. 243(d) of the Immigration and Nationality by this Act that remain available for obliga- SEC. 611. (a) None of the funds appropriated Act, to citizens, subjects, nationals, or resi- tion or expenditure in fiscal year 2002, or or otherwise made available by this Act shall dents of countries that the Attorney General provided from any accounts in the Treasury be expended for any purpose for which appro- has determined deny or unreasonably delay of the United States derived by the collec- priations are prohibited by section 609 of the accepting the return of citizens, subjects, na- tion of fees available to the agencies funded Departments of Commerce, Justice, and tionals, or residents under that section. by this Act, shall be available for obligation State, the Judiciary, and Related Agencies SEC. 619. None of the funds made available or expenditure through a reprogramming of Appropriations Act, 1999. to the Department of Justice in this Act funds which: (1) creates new programs; (2) (b) The requirements in subparagraphs (A) may be used for the purpose of transporting eliminates a program, project, or activity; and (B) of section 609 of that Act shall con- an individual who is a prisoner pursuant to (3) increases funds or personnel by any tinue to apply during fiscal year 2002. conviction for crime under State or Federal means for any project or activity for which SEC. 612. Hereafter, none of the funds ap- law and is classified as a maximum or high funds have been denied or restricted; (4) relo- propriated or otherwise made available to security prisoner, other than to a prison or cates an office or employees; (5) reorganizes the Bureau of Prisons shall be used to pro- other facility certified by the Federal Bu- offices, programs, or activities; or (6) con- vide the following amenities or personal reau of Prisons as appropriately secure for tracts out or privatizes any functions, or ac- comforts in the Federal prison system— housing such a prisoner. tivities presently performed by Federal em- (1) in-cell television viewing except for SEC. 620. Section 504(a)(16) of the Com- ployees; unless the Appropriations Commit- prisoners who are segregated from the gen- merce, Justice, and State, the Judiciary, and tees of both Houses of Congress are notified eral prison population for their own safety; Related Agencies Appropriations Act, 1996 15 days in advance of such reprogramming of (2) the viewing of R, X, and NC–17 rated (110 Stat. 1321–55; Public Law 104–134) is funds. movies, through whatever medium pre- amended by striking beginning with ‘‘, ex- (b) None of the funds provided under this sented; cept that’’ through ‘‘representation’’. Act, or provided under previous appropria- (3) any instruction (live or through broad- SEC. 621. The requirements of section tions Acts to the agencies funded by this Act casts) or training equipment for boxing, 312(a)(3) of the Magnuson-Stevens Fishery

VerDate Mar 15 2010 03:22 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9274 CONGRESSIONAL RECORD — SENATE September 10, 2001 Conservation and Management Act shall not Justice, and State, the Judiciary, and Re- States are authorized during fiscal year 2002, apply to funds made available by section 2201 lated Agencies Appropriations Act, 1998 (as to receive a salary adjustment in accordance of Public Law 106–246. amended by subsection (a)), rather than sec- with 28 U.S.C. 461: Provided, That $8,625,000 is SEC. 622. (a) Section 203(i) of the Act enti- tion 502 of such Act (as in effect on the day appropriated for salary adjustments pursu- tled ‘‘An Act to approve a governing inter- before the date of enactment of this Act). ant to this section and such funds shall be national agreement between the United transferred to and merged with appropria- States and the Republic of Poland, and for SA 1535. Mr. HOLLINGS (for himself tions in title III of this Act.’’. other purposes’’, approved November 13, 1998, and Mr. GREGG) proposed an amend- On page 42, line 21, strike ‘‘$49,386,000’’ and is amended by striking ‘‘2001’’ and inserting ment to the bill H.R. 2500, making ap- insert ‘‘$51,440,000’’. ‘‘2006’’. propriations for the Departments of Strike section 107 and renumber sections (b) Section 203 of such Act, as amended by Commerce, Justice, and State, the Ju- 108–111 as ‘‘107–110’’. subsection (a), is further amended by adding at the end the following: diciary, and related agencies for the On page 102, line 20, strike ‘‘$3,750,000,000’’ ‘‘(j) Not later than December 31, 2001, and fiscal year ending September 30, 2002, and insert ‘‘$4,500,000,000, as provided under every 2 years thereafter, the Pacific State and for other purposes; as follows: section 20(h)(1)(B)(ii) of the Small Business Marine Fisheries Commission shall submit On page 91, line 15, before the ‘‘.’’, insert Act’’. to the Committee on Commerce, Science, the following: ‘‘, of which $13,000,000 shall re- On page 103, line 1, after ‘‘loans’’, insert and Transportation of the Senate and the main available until expended for capital im- ‘‘for debentures and participating securi- Committee on Resources of the House of provements at the U.S. Merchant Marine ties’’. Representatives a report on the health and Academy’’. On page 103, line 3, strike ‘‘$4,100,000’’, and management of the Dungeness Crab fishery On page 18, line 20, before the ‘‘:’’, insert insert ‘‘the levels established by section located off the coasts of the States of Wash- the following: ‘‘, of which $11,554,000 shall be 200(h)(1)(C) of the Small Business Act’’. ington, Oregon, and California.’’. available only for the activation of the facil- On page 105, line 5, before the ‘‘,’’, insert TITLE VII—RESCISSIONS ity at Atwater, California, and of which the following: ‘‘, to remain available until DEPARTMENT OF STATE AND RELATED $13,323,000 shall be available only for the ac- expended’’. tivation of the facility at Honolulu, Hawaii’’. AGENCY On page 104, line 24, strike ‘‘$14,850,000 and On page 53, line 23, strike ‘‘$54,255,000’’ and NTERNATIONAL ORGANIZATIONS AND insert $6,225,000’’. I insert ‘‘$23,890,000’’. CONFERENCES On page 55, starting on line 4, and finishing On page 10, line 18, strike ‘‘$724,682,000’’ and CONTRIBUTIONS FOR INTERNATIONAL on line 5, strike ‘‘provided under this head- insert ‘‘$712,682,000’’. PEACEKEEPING ACTIVITIES ing in previous years’’ and insert in lieu (RESCISSION) thereof ‘‘in excess of $22,000,000’’. SA 1536. Mr. CRAIG (for himself, Mr. On page 53, starting on line 16 and con- Of the unobligated balances available MILLER, Mr. HELMS, Mr. SMITH of New tinuing through line 18, strike ‘‘for expenses under this heading, $126,620,000 are rescinded. Hampshire, Mr. ALLEN, Mr. CRAPO, Mr. This Act may be cited as the ‘‘Depart- necessary to carry out ‘‘NOAA Operations, LOTT, Mr. NICKLES, Mr. SANTORUM, Mr. ments of Commerce, Justice, and State, the Research and Facilities sub-category’’ ’’ and Judiciary, and Related Agencies Appropria- insert in lieu thereof ‘‘for conservation ac- BENNETT, Mr. ALLARD, Mr. KYL, Mr. tions Act, 2002.’’ tivities defined’’. BOND, and Mr. INHOFE) proposed an On page 58, starting on line 7 and ending on amendment to the bill H.R. 2500, mak- SA 1534. Mr. KENNEDY, submitted line 8, strike ‘‘the ‘‘NOAA Procurement, Ac- ing appropriations for the Departments an amendment intended to be proposed quisition, and Construction sub-category’’ ’’ of Commerce, Justice and State, the by him to the bill H.R. 2500, making ap- and insert in lieu thereof ‘‘conservation ac- Judiciary, and related agencies of the tivities defined’’. propriations for the Departments of On page 58, line 10, after ‘‘amended’’, insert fiscal year ending September 30, 2002, Commerce, Justice, and State, the Ju- ‘‘including funds for’’. and for other purposes; as follows: diciary, and related agencies for the On page 58, strike all after ‘‘expended’’ on At the end of title VI, add the following: fiscal year ending September 30, 2002, line 12 through ‘‘limits’’ on line 16. SEC. 623. (a) FINDINGS.—Congress makes On page 58, line 16, after ‘‘That’’, insert the and for other purposes; which was or- the following findings: following: ‘‘, notwithstanding any other pro- dered to lie on the table; as follows: (1) On July 17, 1998, the United Nations vision of law,’’. Diplomatic Conference of Plenipotentiaries At the end of title V, add the following: On page 58, line 17, strike ‘‘for’’ and insert on the Establishment of an International SEC. 5ll. (a) Section 502 of the Depart- in lieu thereof ‘‘used to initiate’’. ments of Commerce, Justice, and State, the On page 58, line 18, insert before the ‘‘:’’, Criminal Court, meeting in Rome, Italy, Judiciary, and Related Agencies Appropria- the following: ‘‘, for which there shall be no adopted the ‘‘Rome Statute of the Inter- tions Act, 1998 (Public Law 105–119; 111 Stat. matching requirement’’. national Criminal Court’’. The United States 2510) is amended— On page 59, starting on line 2 and ending on voted against final adoption of the Rome (1) in subsection (a)(2), by striking sub- line 3, strike ‘‘ ‘‘NOAA Pacific Coastal Salm- Statute. paragraph (C) and inserting the following: on Recovery sub-category’’ ’’ and insert in (2) As of April 30, 2001, 139 countries had ‘‘(C) subsection (a)(11) of such section 504 lieu thereof ‘‘conservation activities de- signed the Rome Statute and 30 had ratified shall not be construed to prohibit a recipient fined’’. it. Pursuant to Article 126 of the Rome Stat- from using funds derived from a source other On page 59, line 5, after the second ‘‘,’’, in- ute, the Statute will enter into force on the than the Corporation to provide related legal sert the following: ‘‘including funds for’’. first day of the month after the 60th day fol- assistance to— On page 59, line 9, strike all after ‘‘ex- lowing the date on which the 60th country ‘‘(i) an alien who has been battered or sub- pended’’ through ‘‘limits’’ on line 13. deposits an instrument ratifying the Stat- jected to extreme cruelty, or who has been On page 65, line 13, after ‘‘funds’’, insert ute. subjected to violence from which the alien is the following: ‘‘, functions, or personnel’’. (3) Any American prosecuted by the Inter- protected under the domestic violence laws On page 66, line 5, strike ‘‘$40,000,000’’ and national Criminal Court will, under the (including criminal and civil domestic vio- insert ‘‘7,000,000’’. Rome Statute, be denied procedural protec- lence laws) or family violence laws of the ju- On page 66, line 7, before the ‘‘;’’, insert the tions to which all Americans are entitled risdiction in which the recipient is located; following: ‘‘or support for the Commerce Ad- under the Bill of Rights to the United States or ministrative Management System Support Constitution, such as the right to trial by ‘‘(ii) an alien whose child has been battered Center’’. jury. or subjected to extreme cruelty, or whose On page 66, line 8, after the ‘‘(B)’’, strike (4) Members of the Armed Forces of the child has been subjected to violence from ‘‘not more than $15,000,000’’ and insert in lieu United States deserve the full protection of which the child is protected under domestic thereof ‘‘None’’. the United States Constitution wherever or family violence laws described in clause On page 67, after line 15, insert the fol- they are stationed or deployed around the (i), in a case in which the alien did not ac- lowing new subsection: world to protect the vital national interests tively participate in such battery, cruelty, ‘‘(f) The Office of Management and Budget of the United States. The United States Gov- or violence.’’; and shall issue a quarterly Apportionment and ernment has an obligation to protect the (2) in subsection (b)(2), by striking ‘‘bat- Reapportionment Schedule, and a Standard members of its Armed Forces, to the max- tery or cruelty’’ and inserting ‘‘battery, cru- Form 133, for the Working Capital Fund and imum extent possible, against criminal pros- elty, or other domestic or family violence’’. the ‘‘Advances and Reimbursements’’ ac- ecutions carried out by United Nations offi- (b) Any funds appropriated for the Legal count based upon the report required by sub- cials under procedures that deny them their Services Corporation for fiscal year 1999, section (d)(1).’’. constitutional rights. 2000, or 2001 and remaining available on the On page 75, after line 11, insert the fol- (5) In addition to exposing members of the date of enactment of this Act shall be sub- lowing new section: Armed Forces of the United States to the ject to the terms and conditions set forth in ‘‘SEC. 306. Pursuant to section 140 of Public risk of international criminal prosecution, section 502 of the Departments of Commerce, Law 97–92, Justices and judges of the United the Rome Statute creates a risk that the

VerDate Mar 15 2010 03:22 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2001 CONGRESSIONAL RECORD — SENATE S9275 President and other senior elected and ap- months’’ each place such term appears and 2681–220) specified that the United States pointed officials of the United States Gov- inserting ‘‘36 months’’. would not authorize further IMF payments ernment may be prosecuted by the Inter- to Korea unless the Secretary of the Treas- national Criminal Court for national secu- SA 1540. Mr. SMITH of New Hamp- ury certified that the provisions of the IMF rity decisions involving such matters as re- shire submitted an amendment in- Standby Arrangement were adhered to; sponding to acts of terrorism, preventing the tended to be proposed by him to the (8) the Secretary of the Treasury certified proliferation of weapons of mass destruction, bill H.R. 2500, making appropriations to Congress on December 11, 1998, April 5, 1999, and July 2, 1999 that the Stand-by Ar- and deterring aggression. for the Departments of Commerce, Jus- (6) The claimed jurisdiction of the Inter- rangement was being adhered to, and assured national Criminal Court over citizens of a tice, and State, the Judiciary, and re- Congress that consultations had been held country that is not a state party to the lated agencies for the fiscal year end- with the Government of the Republic of Rome Statute is a threat to the sovereignty ing September 30, 2002, and for other Korea in connection with the certifications; of the United States under the Constitution purposes; which was ordered to lie on (9) the Republic of Korea has acceded to of the United States. the table; as follows: the World Trade Organization, and to the Agreement on Subsidies and Countervailing (b) PROHIBITION.—None of the funds appro- On page 46, line 9, strike ‘‘$341,000,000, to priated or otherwise made available by this Measures (as defined in section 101(d)(12) of remain available until expended.’’ and insert the Uruguay Round Agreements Act); Act shall be available for cooperation with, ‘‘$345,000,000, to remain available until ex- or assistance or other support to, the Inter- (10) the Agreement on Subsidies and Coun- pended, of which $4,000,000 shall be made tervailing Measures specifically prohibits ex- national Criminal Court or the Preparatory available to the North County Council to be Commission. This subsection shall not be port subsidies, and makes actionable other used to provide assistance (such as a revolv- subsidies bestowed upon a specific enterprise construed to apply to any other entity out- ing loan fund for small businesses and, in co- side the Rome treaty. that causes adverse effects; ordination with local community colleges, (11) Hynix Semiconductor is a major ex- job training) to the towns of Berlin and Gor- Mr. CRAIG proposed an porter of semiconductor products from the SA 1537. ham, New Hampshire and businesses and in- Republic of Korea to the United States; and amendment to amendment SA 1536 pro- dividuals that have been significantly af- (12) The Republic of Korea has now en- posed by Mr. CRAIG to the bill H.R. fected by the closure of and layoffs at the gaged in a massive $5,000,000,000 bailout of 2500, making appropriations for the De- American Tissue mills in Berlin and Gor- Hynix Semiconductor which contravenes the partments of Commerce, Justice, and ham, New Hampshire.’’. commitments the Government of the Repub- State, the Judiciary, and related agen- On page 87, line 7, strike ‘‘$31,000,000’’ and lic of Korea made to the IMF, the World cies for the fiscal year ending Sep- insert ‘‘$27,000,000’’. Trade Organization and in other agreements, tember 30, 2002, and for other purposes; and the understandings and certifications SA 1541. Mr. CRAIG (for himself, Mr. made to Congress under the Omnibus Con- as follows: CRAPO, Mr. BENNETT, Mr. ALLEN, and solidated and Emergency Supplemental Ap- Strike line 2 and all that follows, and in- Mr. HATCH) submitted an amendment propriations Act, 1999: sert the following: intended to be proposed by him to the (b) SENSE OF THE SENATE.—It is the sense SEC. 623. None of the funds appropriated or bill H.R. 2500, making appropriations of the Senate that— otherwise made available by this Act shall ((1) The Secretary of the Treasury, the be available for cooperation with, or assist- for the Departments of Commerce, Jus- Secretary of Commerce, and the United ance or other support to, the International tice, and State, the Judiciary, and re- States Trade Representative should forth- Criminal Court or the Preparatory Commis- lated agencies for the fiscal year end- with request consultations with the Republic sion. This subsection shall not be construed ing September 30, 2002, and for other of Korea under Article 4 and Article 7 of the to apply to any other entity outside the purposes; which was ordered to lie on Agreement on Subsidies and Countervailing Rome treaty. the table; as follows: Measures of the World Trade Organization, and take immediately such other actions as Insert at the appropriate place the fol- are necessary to assure that the improper SA 1538. Mr. SMITH of New Hamp- lowing: shire (for himself, Mr. HARKIN, MR. bailout by the Republic of Korea is stopped, SEC. . SENSE OF THE SENATE REGARDING THE WARNER, Mr. INHOFE, Mr. COCHRAN, Mr. and its effects fully offset or reversed; REPUBLIC OF KOREA’S IMPROPER (2) the relationship between the United ALLARD, Mr. CAMPBELL, and Mr. JOHN- BAILOUT OF HYNIX SEMICON- DUCTOR. States and Republic of Korea has been and SON) proposed an amendment to the will continue to be harmed significantly by (a) FINDINGS.—Congress finds that— bill H.R. 2500, making appropriations the bailout of a major exporter of products for the Departments of Commerce, Jus- (1) the Government of the Republic of Korea over many years has supplied aid to from Korea to the United States; (3) the Republic of Korea should end imme- tice, and State, the Judiciary, and re- the Korean semiconductor industry enabling diately the bailout of Hynix Semiconductor; lated agencies for the fiscal year end- that industry to be the Republic of Korea’s ing September 30, 2002, and for other (4) the Republic of Korea should comply leading exporter; immediately with its commitments to the (2) this assistance has occurred through a purposes; as follows: IMF, with its trade agreements, and with the coordinated series of government programs At the appropriate place, add the fol- assurances it made to the Secretary of the and policies, consisting of preferential access lowing: Treasury; and SEC. . None of the funds made available to credit, low-interest loans, government (5) the United States Trade Representative in this Act may be used by the Department grants, preferential tax programs, govern- and the Secretary of Commerce should mon- of Justice or the Department of State to file ment inducement of private sector loans, itor and report to Congress on steps that a motion in any court opposing a civil action tariff reductions, and other measures; have been taken to end this bailout and re- against any Japanese person or corporation (3) in December 1997, the United States, the verse its effects. for compensation or reparations in which the International Monetary Fund (IMF), other plaintiff alleges that, as an American pris- foreign government entities, and a group of SA 1542. Mr. DORGAN (for himself oner of war during World War II, he or she international financial institutions assem- and Mr. KERRY) proposed an amend- was used as slave or forced labor. bled an unprecedented $58,000,000,000 finan- ment to the bill H.R. 2500, making ap- cial package to prevent the Korean economy propriations for the Departments of SA 1539. Mr. WELLSTONE (for him- from declaring bankruptcy; (4) as part of that rescue package, the Re- Commerce, Justice, and State, the Ju- self, Mr. HELMS, Mr. KOHL, Mr. FEIN- public of Korea agreed to put an end to cor- diciary, and related agencies for the GOLD, and Mr. AKAKA) submitted an porate cronyism, and to overhaul the bank- fiscal year ending September 30, 2002, amendment intended to be proposed by ing and financial sectors; and for other purposes; as follows: him to the bill H.R. 2500, making ap- (5) Korea also pledged to permit and re- On page 44, line 1, strike ‘‘$347,090,000’’ and propriations for the Departments of quire banks to run on market principles, to insert ‘‘$357,090,000’’. Commerce, Justice, and State, the Ju- allow and enable bankruptcies and workouts On page 44, line 6, strike ‘‘$27,441,000’’ and diciary, and related agencies for the to occur rather than bailouts, and to end insert ‘‘$32,441,000’’. fiscal year ending September 30, 2002, subsidies; On page 44, line 7, strike ‘‘$42,859,000’’ and (6) the Republic of Korea agreed to all of and for other purposes; which was or- insert ‘‘$47,859,000’’. these provisions in the Stand-by Arrange- On page 88, line 7, strike ‘‘and television’’. dered to lie on the table; as follows: ment with the IMF dated December 3, 1997; On page 88, line 9, strike ‘‘and television’’. On page 41, between lines 22 and 23, insert (7) section 602 of the Foreign Operations, On page 88, line 10, strike ‘‘$24,872,000’’ and the following: Export Financing, and Related Agencies Ap- insert ‘‘$14,872,000’’. SEC. 112. Section 6 of the Hmong Veterans’ propriations Act, 1999, as enacted by section Naturalization Act of 2000 (Public Law 106– 101(d) of Division A of the Omnibus Consoli- SA 1543. Mr. DORGAN proposed an 207; 8 U.S.C. 1423 note) (as amended by Public dated and Emergency Supplemental Appro- amendment to the bill H.R. 2500, mak- Law 106–415) is amended by striking ‘‘18 priations Act (Public Law 105–277; 112 Stat. ing appropriations for the Departments

VerDate Mar 15 2010 03:22 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9276 CONGRESSIONAL RECORD — SENATE September 10, 2001 of Commerce, Justice, and State, the (1) COMMERCIAL USER.—The term ‘‘commer- SEC. 807. ENFORCEMENT. cial user’’ means any person— Judiciary, and related agencies for the (a) CIVIL PENALTY.—Any commercial user, fiscal year ending September 30, 2002, (A) who manufactures, sells, or contracts hotel, motel, or similar transient lodging fa- and for other purposes; as follows: to sell full-size cribs or nonfull-size cribs; or cility that knowingly violates section 804 is (B) who— subject to a civil penalty not exceeding At the appropriate place, insert the fol- (i) deals in full-size or nonfull-size cribs lowing: $1,000. that are not new or who otherwise by one’s SEC. . PROHIBITION ON SALE OF DISASTER occupation holds oneself out as having (b) INJUNCTION.—Any person may bring an LOANS. knowledge or skill peculiar to full-size cribs action in a district court of the United Notwithstanding any other provision of States against any commercial user, hotel, law, no amount made available under this or nonfull-size cribs, including child care fa- cilities and family child care homes; or motel, or similar transient lodging facility Act may be used to sell any disaster loan au- to enjoin any act or omission that violates thorized by section 7(b) of the Small Busi- (ii) is in the business of contracting to sell or resell, lease, sublet, or otherwise placing section 804, and for reasonable attorneys fees ness Act (15 U.S.C. 636(b)) to any private and costs incurred in bringing the action. company or other entity. in the stream of commerce full-size cribs or nonfull-size cribs that are not new. SEC. 808. REMEDIES. SA 1544. Mrs. FEINSTEIN submitted (2) CRIB.—The term ‘‘crib’’ means a full- an amendment intended to be proposed size crib or nonfull-size crib. Penalties or other remedies available (3) FULL-SIZE CRIB.—The term ‘‘full-size under this title are in addition to any other by her to the bill H.R. 2500, making ap- fines, penalties, remedies, or procedures propriations for the Departments of crib’’ means a full-size baby crib as defined in section 1508.1 of title 16 of the Code of Fed- under any other provision of law. Commerce, Justice, and State, the Ju- eral Regulations. SEC. 809. EFFECTIVE DATE. diciary, and related agencies for the (4) INFANT.—The term ‘‘infant’’ means any fiscal year ending September 30, 2002, person less than 35 inches tall or less than 2 This title shall become effective 90 days and for other purposes; which was or- years of age. after the date of the enactment of this Act. dered to lie on the table; as follows: (5) NONFULL-SIZE CRIB.—The term ‘‘nonfull- size crib’’ means a nonfull-size baby crib as On page 116, between lines 9 and 10, insert SA 1545. Mrs. FEINSTEIN submitted the following: defined in section 1509.2(b) of title 16 of the an amendment intended to be proposed TITLE VIII—INFANT CRIB SAFETY Code of Federal Regulations (including a portable crib and a crib-pen described in by her to the bill H.R. 2500, making ap- SEC. 801. SHORT TITLE. propriations for the Departments of This title may be cited as the ‘‘Infant Crib paragraph (2) of subsection (b) of that sec- Safety Act’’. tion). Commerce, Justice, and State, the Ju- SEC. 802. FINDINGS; PURPOSE. SEC. 804. PROHIBITIONS. diciary, and related agencies for the (a) FINDINGS.—Congress makes the fol- (a) IN GENERAL.—It shall be unlawful for fiscal year ending September 30, 2002, lowing findings: any commercial user— and for other purposes; which was or- (1) The disability and death of infants re- (1) to manufacture, sell, or contract to sell, dered to lie on the table; as follows: sulting from injuries sustained in crib inci- any full-size crib or nonfull-size crib that is dents are a serious threat to the public unsafe for any infant using it; or On page 17, line 20, after the colon insert health, welfare, and safety of people of this (2) to sell, contract to sell or resell, lease, the following: ‘‘Provided further, That, of the country. sublet, or otherwise place in the stream of amount appropriated under this heading, (2) The design and construction of a baby commerce, any full-size or nonfull-size crib $67,000,000 shall be transferred to the Immi- crib must ensure that it is safe to leave an that is not new and that is unsafe for any in- gration Services and Infrastructure Improve- infant unattended for extended periods of fant using the crib. ments Account under section 204 of the Im- time. A parent or caregiver has a right to be- (b) LODGINGS.—It shall be unlawful for any migration Services and Infrastructure Im- lieve that the crib in use is a safe place to hotel, motel, or similar transient lodging fa- provements Act of 2000 (U.S.C. 1573), to be leave an infant. cility to offer or provide for use or otherwise used for the same purposes for which funds (3) Each year more than 12,000 children place in the stream of commerce, on or after in such account may be used and to remain ages 2 and under are injured in cribs seri- the effective date of this title, any full-size available until expended:’’. ously enough to require hospital treatment. crib or nonfull-size crib that is unsafe for (4) Each year at least 50 children ages 2 and any infant using it. SA 1546. Ms. COLLINS (for herself under die from injuries sustained in cribs. SEC. 805. CRIB STANDARDS. (5) The United States Consumer Product and Ms. SNOWE) submitted an amend- A crib shall be presumed to be unsafe Safety Commission estimates that the cost ment intended to be proposed by her to under this title if it does not conform to all to society resulting from deaths due to cribs the bill H.R. 2500, making appropria- of the following: is at least $225,000,000 per year. (1) Part 1508 (commencing with section tions for the Departments of Com- (6) Secondhand, hand-me-down, and heir- 1508.1) of title 16 of the Code of Federal Regu- merce, Justice, and State, the Judici- loom cribs pose a special problem. There are lations. ary, and related agencies for the fiscal nearly 4 million infants born in this country (2) Part 1509 (commencing with section year ending September 30, 2002, and for each year, but only one million new cribs 1509.1) of title 16 of the Code of Federal Regu- sold. As many as 2 out of 4 infants are placed other purposes; which was ordered to lations. in secondhand, hand-me-down, or heirloom lie on the table; as follows: (3) Part 1303 (commencing with section cribs. 1303.1) of title 16 of the Code of Federal Regu- On page 34, line 5, after ‘‘Act’’ insert ‘‘, of (7) Most crib deaths occur in secondhand, lations. which $250,000 shall be for a grant to the hand-me-down, or heirloom cribs. (4) American Society for Testing Materials Rapid Response Program in Washington and (8) Existing State and Federal legislation Voluntary Standard F406. Hancock Counties, Maine’’. is inadequate to deal with the hazard pre- (5) American Society for Testing Materials sented by secondhand, hand-me-down, or Voluntary Standards F966. heirloom cribs. (6) American Society for Testing Materials SA 1547. Mr. SMITH of New Hamp- (9) Prohibiting the contracting to sell, re- Voluntary Standards F1169. shire submitted an amendment in- sell, lease, sublease of unsafe cribs that are (7) American Society for Testing Materials tended to be proposed by him to the not new, or otherwise place in the stream of Voluntary Standards F1822. bill H.R. 2500, making appropriations commerce unsafe secondhand, hand-me- (8) Any regulations or standards that are down, or heirloom cribs, will prevent injuries for the Departments of Commerce, Jus- adopted in order to amend or supplement the and deaths caused by cribs. tice, and State, the Judiciary, and re- regulations described in paragraphs (1) (b) PURPOSE.—The purpose of this title is lated agencies for the fiscal year end- to prevent the occurrence of injuries and through (7). ing September 30, 2002, and for other deaths to infants as a result of unsafe cribs SEC. 806. EXCEPTIONS. purposes; which was ordered to lie on by making it illegal— This title shall not apply to a full-size crib the table; as follows: (1) to manufacture, sell, or contract to sell or nonfull-size crib that is not intended for any crib that is unsafe for any infant using use by an infant, including a toy or display On page 46, line 9, before the period at the it; or item, if at the time it is manufactured, made end, insert the following: ‘‘, of which $100,000 (2) to resell, lease, sublet, or otherwise subject to a contract to sell or resell, leased, shall be used by the Secretary of Commerce place in the stream of commerce, after the sublet, or otherwise placed in the stream of to conduct a study, and, not later than 1 effective date of this Act, any unsafe crib, commerce, as applicable, it is accompanied year after the date of enactment of this Act, particularly any unsafe secondhand, hand- by a notice to be furnished by each commer- submit to the Committee on Environment me-down, or heirloom crib. cial user declaring that the crib is not in- and Public Works of the Senate a report, on SEC. 803. DEFINITIONS. tended to be used for an infant and is dan- the need for and the feasibility of estab- As used in this title: gerous to use for an infant. lishing an eco-industrial grant program’’.

VerDate Mar 15 2010 03:22 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2001 CONGRESSIONAL RECORD — SENATE S9277 AUTHORITY FOR COMMITTEES TO the Commerce, State, Justice Appro- To be major general MEET priations Act; further, that the Senate BRIGADIER GENERAL RONALD J. BATH, 0000 recess from 12:30 until 2:15 p.m. for our BRIGADIER GENERAL FREDERICK H. FORSTER, 0000 COMMITTEE ON HEALTH, EDUCATION, LABOR, BRIGADIER GENERAL JUAN A. GARCIA, 0000 AND PENSIONS weekly party conferences. BRIGADIER GENERAL MICHAEL J. HAUGEN, 0000 The PRESIDING OFFICER. Without BRIGADIER GENERAL DANIEL JAMES III, 0000 Mr. HOLLINGS. Mr. President, I ask BRIGADIER GENERAL STEVEN R. MCCAMY, 0000 unanimous consent that the Com- objection, it is so ordered. BRIGADIER GENERAL JERRY W. RAGSDALE, 0000 BRIGADIER GENERAL WILLIAM N. SEARCY, 0000 mittee on Health, Education, Labor, f BRIGADIER GENERAL GILES E. VANDERHOOF, 0000 and Pensions be authorized to meet for PROGRAM To be brigadier general a hearing on ‘‘Improving Women’s COLONEL HIGINIO S. CHAVEZ, 0000 Health: Why Contraceptive Insurance Mr. REID. Mr. President, on Tuesday, COLONEL BARRY K. COLN, 0000 the Senate will convene at 10 a.m. and COLONEL ALAN L. COWLES, 0000 Coverage Matters’’ during the session COLONEL JAMES B. CRAWFORD III, 0000 of the Senate on Monday, September resume consideration of the Commerce, COLONEL MARIE T. FIELD, 0000 State, Justice act. We hope we can COLONEL MANUEL A. GUZMAN, 0000 10, 2001, at 3 p.m. COLONEL ROGER P. LEMPKE, 0000 The PRESIDING OFFICER. Without have a time certain for filing of amend- COLONEL GEORGE R. NIEMANN, 0000 ments. We hope to complete the bill to- COLONEL FRANK PONTELANDOLFO JR., 0000 objection, it is so ordered. COLONEL GENE L. RAMSAY, 0000 SPECIAL COMMITTEE ON AGING morrow. There will be rollcall votes COLONEL TERRY L. SCHERLING, 0000 COLONEL DAVID A. SPRENKLE, 0000 Mr. HOLLINGS. Mr. President, I ask throughout the day. The Senate will IN THE ARMY unanimous consent that the Special recess from 12:30 a.m. until 2:15 p.m. for our party conferences. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Committee on Aging be authorized to IN THE UNITED STATES ARMY TO THE GRADE INDICATED meet on Monday, September 10, 2001, f UNDER TITLE 10, U.S.C., SECTION 624: from 10 a.m.-12:30 p.m. in Dirksen 215 ADJOURNMENT UNTIL 10 A.M. To be brigadier general for the purpose of conducting a hear- TOMORROW COL. BRUCE H. BARLOW, 0000 ing. IN THE MARINE CORPS The PRESIDING OFFICER. Without Mr. REID. Mr. President, if there is no further business to come before the THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT objection, it is so ordered. IN THE UNITED STATES MARINE CORPS RESERVE TO THE Senate, I ask unanimous consent that GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE, AND NUCLEAR SAFETY the Senate stand in adjournment under To be major general the previous order. Mr. HOLLINGS. Mr. President, I ask BRIG. GEN. JOHN W. BERGMAN, 0000 unanimous consent that the Com- There being no objection, the Senate, BRIG. GEN. JOHN J. MCCARTHY JR., 0000 mittee on Environment and Public at 6:38 p.m., adjourned until Tuesday, IN THE NAVY Works, Subcommittee on Transpor- September 11, 2001, at 10 a.m. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED tation, Infrastructure, and Nuclear f WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Safety be authorized to meet on Mon- NOMINATIONS day, September 10, 2001, at 3:30 p.m. to To be admiral conduct a hearing on the Intelligent Executive nominations received by VICE ADM. GREGORY G. JOHNSON, 0000 the Senate September 10, 2001: Transportation Systems Program. The THE FOLLOWING NAMED OFFICER FOR APPOINTMENT hearing will be held in room SD–406. THE JUDICIARY IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND The PRESIDING OFFICER. Without THOMAS B. WELLS, OF MARYLAND, TO BE A JUDGE OF RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: objection, it is so ordered. THE UNITED STATES TAX COURT FOR A TERM EXPIRING FIFTEEN YEARS AFTER HE TAKES OFFICE. (REAPPOINT- To be vice admiral MENT) f VICE ADM. SCOTT A. FRY, 0000 DEPARTMENT OF STATE PRIVILEGES OF THE FLOOR THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROCKWELL A. SCHNABEL, OF CALIFORNIA, TO BE REP- IN THE UNITED STATES NAVY TO THE GRADE INDICATED Mr. HOLLINGS. Mr. President, I ask RESENTATIVE OF THE UNITED STATES OF AMERICA TO UNDER TITLE 10, U.S.C., SECTION 624: THE EUROPEAN UNION, WITH THE RANK AND STATUS OF unanimous consent that the following AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY. To be rear admiral staff be granted floor privileges during JOHN STERN WOLF, OF MARYLAND, A CAREER MEMBER REAR ADM. (LH) RAND H. FISHER, 0000 OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- the consideration of H.R. 2500, the COUNSELOR, TO BE AN ASSISTANT SECRETARY OF THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Commerce, Justice, State, and the Ju- STATE (NON-PROLIFERATION), VICE ROBERT J. EINHORN. IN THE UNITED STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 624: diciary appropriations bill: Lila Helms, AFRICAN DEVELOPMENT BANK To be rear admiral Luke Nachbar, Dereck Orr, Jill Shaprio CYNTHIA SHEPARD PERRY, OF TEXAS, TO BE UNITED Long, Jim Morhard, Kevin Linskey, STATES DIRECTOR OF THE AFRICAN DEVELOPMENT REAR ADM. (LH) RICHARD B. PORTERFIELD, 0000 BANK FOR A TERM OF FIVE YEARS, VICE WILLENE A. Katherine Hennessey, Nancy Perkins, JOHNSON, RESIGNED. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED and Ashley Cooper. THE JUDICIARY UNDER TITLE 10, U.S.C., SECTION 624: The PRESIDING OFFICER. The ROBERT E. BLACKBURN, OF COLORADO, TO BE UNITED To be rear admiral (lower half) Chair hears none, and it is so ordered. STATES DISTRICT JUDGE FOR THE DISTRICT OF COLO- Mr. DORGAN. I ask unanimous con- RADO, VICE ZITA L. WEINSHIENK, RETIRED. CAPT. STEPHEN A. TURCOTTE, 0000 DAVID C. BURY, OF ARIZONA, TO BE UNITED STATES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT sent that Mark Zaineddin, a legislative DISTRICT JUDGE FOR THE DISTRICT OF ARIZONA, VICE A IN THE UNITED STATES NAVY TO THE GRADE INDICATED fellow of the Department of Commerce, NEW POSITION CREATED BY PUBLIC LAW 106–553, AP- UNDER TITLE 10, U.S.C., SECTION 624: PROVED DECEMBER 21, 2000. be granted the privilege of the floor CINDY K. JORGENSON, OF ARIZONA, TO BE UNITED To be rear admiral (lower half) during debate on my amendment. STATES DISTRICT JUDGE FOR THE DISTRICT OF ARI- ZONA, VICE A NEW POSITION CREATED BY PUBLIC LAW CAPT. RICHARD K. GALLAGHER, 0000 The PRESIDING OFFICER. Without 106–116, APPROVED NOVEMBER 29, 1999. CAPT. THOMAS J. KILCLINE JR., 0000 objection, it is so ordered. MARCIA S. KRIEGER, OF COLORADO, TO BE UNITED THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STATES DISTRICT JUDGE FOR THE DISTRICT OF COLO- IN THE UNITED STATES NAVY TO THE GRADE INDICATED f RADO, VICE DANIEL B. SPARR, RETIRED. UNDER TITLE 10, U.S.C., SECTION 624: RICHARD J. LEON, OF MARYLAND, TO BE UNITED To be rear admiral ORDERS FOR TUESDAY, STATES DISTRICT JUDGE FOR THE DISTRICT OF COLUM- SEPTEMBER 11, 2001 BIA, VICE NORMA HOLLOWAY JOHNSON, RETIRED. REAR ADM. (LH) DAVID ARCHITZEL, 0000 JAMES C. MAHAN, OF NEVADA, TO BE UNITED STATES REAR ADM. (LH) JOSE L. BETANCOURT, 0000 Mr. REID. Mr. President, I ask unan- DISTRICT JUDGE FOR THE DISTRICT OF NEVADA, VICE A REAR ADM. (LH) ANNETTE E. BROWN, 0000 NEW POSITION CREATED BY PUBLIC LAW 106–553, AP- REAR ADM. (LH) BRIAN M. CALHOUN, 0000 imous consent when the Senate com- PROVED DECEMBER 21, 2000. REAR ADM. (LH) KEVIN J. COSGRIFF, 0000 pletes its business today it adjourn FREDERICK J. MARTONE, OF ARIZONA, TO BE UNITED REAR ADM. (LH) LEWIS W. CRENSHAW JR., 0000 STATES DISTRICT JUDGE FOR THE DISTRICT OF ARI- REAR ADM. (LH) TERRANCE T. ETNYRE, 0000 until the hour of 10 a.m. on Tuesday, ZONA, VICE ROGER Z. STRAND, RETIRED. REAR ADM. (LH) MARK P. FITZGERALD, 0000 September 11. I further ask unanimous JULIE A. ROBINSON, OF KANSAS, TO BE UNITED STATES REAR ADM. (LH) JONATHAN W. GREENERT, 0000 DISTRICT JUDGE FOR THE DISTRICT OF KANSAS, VICE G. REAR ADM. (LH) CURTIS A. KEMP, 0000 consent that on Tuesday, immediately THOMAS VAN BEBBER, RETIRED. REAR ADM. (LH) WALTER B. MASSENBURG, 0000 following the prayer and pledge, the D. BROOKS SMITH, OF PENNSYLVANIA, TO BE UNITED REAR ADM. (LH) JAMES K. MORAN, 0000 STATES CIRCUIT JUDGE FOR THE THIRD CIRCUIT, VICE REAR ADM. (LH) CHARLES L. MUNNS, 0000 Journal of proceedings be approved to TIMOTHY K. LEWIS, RETIRED. REAR ADM. (LH) JAMES A. ROBB, 0000 date, the morning hour be deemed ex- IN THE AIR FORCE REAR ADM. (LH) JOSEPH A. SESTAK JR., 0000 REAR ADM. (LH) STEVEN J. TOMASZESKI, 0000 pired, the time for the two leaders be THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED REAR ADM. (LH) JOHN W. TOWNES III, 0000 reserved for their use later in the day, STATES OFFICERS FOR APPOINTMENT IN THE RESERVE REAR ADM. (LH) CHRISTOPHER E. WEAVER, 0000 OF THE AIR FORCE TO THE GRADES INDICATED UNDER REAR ADM. (LH) CHARLES B. YOUNG, 0000 and the Senate resume consideration of TITLE 10, U.S.C., SECTION 12203: REAR ADM. (LH) THOMAS E. ZELIBOR, 0000

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IN THE AIR FORCE *JOHN A BETTASSO, 0000 *ILLYA A CHISOLM, 0000 CHRISTOPHER J BEVERIDGE, 0000 *MARVIN CHISOLM, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT *MERLE V BICKFORD, 0000 DAVID A CHRISTENSEN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR *RICHARD B BILBY, 0000 CHRIS W CHRONIS, 0000 FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED *DAVID D BINGHAM, 0000 THOMAS W CIPOLLA, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS *JOHN A BISHOP, 0000 *CHARLES H CLAFFEY, 0000 624 AND 531: JIMMY F BLACKMON, 0000 THOMAS J CLANCY JR., 0000 *LARRY J BLACKWELL JR., 0000 *CHRISTOPHER R CLARK, 0000 To be major *ALEC L BLAKELEY, 0000 DANIEL L CLARK, 0000 *PATRICK J. FLETCHER, 0000 TODD X BLOCH, 0000 JAMES L CLARK, 0000 ROBERT D BLOMQUIST, 0000 JOSEPH P CLARK, 0000 IN THE ARMY *JAMETTE A BLUE, 0000 *LANCE L CLARK, 0000 *KEVIN BOBBITT, 0000 *PADRAIG T CLARK, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN M BODOR JR., 0000 *MICHAEL J CLARKE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY *EDWARD A BOEGLE, 0000 RALPH L CLAYTON III, 0000 AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN ROBERT A BOERJAN, 0000 ANDREW F CLEMENTS, 0000 ASTERISK(*)) UNDER TITLE 10, U.S.C., SECTION 624 AND MICHAEL T BOGOVICH, 0000 *RICHARD E CLEVELAND, 0000 531: *PATRICK S BOLAND, 0000 *FREDERICK E CLIFFORD, 0000 To be major SHAWN M BOLAND, 0000 *RICHARD R CLIFTON JR., 0000 DAVID R BOLDUC, 0000 *DAVID B CLORE, 0000 ALBERT J ABBADESSA, 0000 *WAYNE J BONDY JR., 0000 *ALTON B CLOWERS JR., 0000 *KATALINA ABSOLON, 0000 *TY D BONNER, 0000 *HOWARD COE JR., 0000 *HECTOR J ACOSTAROBLES, 0000 *CLIFTON R BOPP, 0000 MARK A COLBROOK, 0000 *GLEN T ADAMS, 0000 JOHNNY R BORDEN, 0000 *JAMES V COLE, 0000 MARTIN F ADAMS, 0000 *GERALD A BOSTON, 0000 *JEFFREY L COLEMAN, 0000 *VINCENT T ADDERLY, 0000 *FREDERICK K BOWER JR., 0000 *MORALES R COLLAZO, 0000 JOSE L AGUILAR, 0000 CHARLES R BOWERY JR., 0000 *THOMAS F COLLETTE, 0000 SEAN F AHRENS, 0000 *SCOTT M BOWMAN, 0000 *DANIEL E COLLING, 0000 *DAVID M AITKEN JR., 0000 *STEPHANIE D BRACERO, 0000 PATRICIA S COLLINS, 0000 STEPHEN K AITON, 0000 *ELIZABETH H BRADY, 0000 RICHARD M COLLINS, 0000 BLACE C ALBERT, 0000 MARK R BRADY, 0000 KIMBERLY M COLLOTON, 0000 PAULA S ALBERTO, 0000 JONATHAN P BRAGA, 0000 *SENAHA N COLLS, 0000 CHRISTOPHER E ALBUS, 0000 *MICHAEL L BRANNEN, 0000 *MARK W COLVIS, 0000 *STEVEN E ALEXANDER, 0000 *DONALD L BRAY, 0000 *DAVID A COMBS, 0000 GREGORY D ALLEN, 0000 *JOSEPH C BRAZIEL, 0000 *JOHN S CONLEY, 0000 *JEFFREY W ALLEN, 0000 *JOSEPH T BREASSEALE, 0000 *RODNEY CONNOR, 0000 DAVID W ALLEY, 0000 TREVOR J BREDENKAMP, 0000 *WILLIAM M CONNOR, 0000 *WILLIAM G ALMOND JR., 0000 PATRICK L BREMSER, 0000 *DIANNE E CONRAD, 0000 *MICHAEL A ALSTON, 0000 JOHN R BRENCE, 0000 JASON E CONRAD, 0000 *JENNIFER A AMOS, 0000 JOHN W BRENNAN JR., 0000 *ROBERT L CONRAD, 0000 *CHARLES T ANDERSON, 0000 STEVEN D BRETON, 0000 *QUINT A CONSANI, 0000 *DEAN C ANDERSON, 0000 FRANK W BREWSTER II, 0000 DAVID A CONVERSE, 0000 GREGORY K ANDERSON, 0000 *NOELLE J BRIAND, 0000 FRANZ J CONWAY, 0000 *JAMES L ANDERSON, 0000 JONALAN BRICKEY, 0000 *COREY S COOK, 0000 *TERRY L ANDERSON, 0000 ROBERT W BRINSON JR., 0000 JOHN R COOK, 0000 CORNELL E ANDERTON, 0000 DETRICK L BRISCOE, 0000 *KEITH A COOK, 0000 *LAWRENCE A ANYANWU, 0000 DAVID P BRISTOL, 0000 *RUTH E COOK, 0000 *DAVID R APPLEGATE, 0000 PAUL J BRISTOL, 0000 *THOMAS W COOK, 0000 *JULIO G ARANA, 0000 JEROME P BROCK, 0000 THOMAS M COOKE, 0000 *NICHOLAS D ARATA, 0000 PAUL K BROOKS, 0000 *DAVID A COOLEY, 0000 JOHN D ARMENTROUT, 0000 *JOHN M BROOMHEAD, 0000 PATRICK M COOLEY, 0000 *MICHAEL G ARMSTRONG, 0000 *AARON T BROWN, 0000 MARY E COOPER, 0000 WILLIAM F ARMSTRONG, 0000 *ERIK M BROWN, 0000 *JEFFREY S COPELAND, 0000 JUSTINE A ARNER, 0000 LAWRENCE T BROWN, 0000 WILLIAM L COPENHAVER, 0000 JENNIFER J ASH, 0000 RONALD D BROWN JR., 0000 MICHAEL R CORPENING, 0000 MIKAEL R ASH, 0000 *TIMOTHY D BROWN, 0000 MICHAEL A CORTEZ JR., 0000 *ROBERT P ASHE, 0000 *LELAND A BROWNING JR., 0000 PAUL G COSTA, 0000 *STEPHEN A ASHPES, 0000 *TODD E BRUCKER, 0000 *JASON R COSTER, 0000 *JOHN F ATKINS, 0000 *JAMES B BRYAN, 0000 *COURTNEY P COTE, 0000 *DARRELL W AUBREY, 0000 *LINETTE R BRYANT, 0000 *JEFFREY A COTE, 0000 *JOHN T AUFFERT, 0000 *WILLIAM J BRYANT, 0000 *BRIAN E COUGHLIN, 0000 MARK J BACON, 0000 *TIMOTHY W BUCHEN, 0000 *CLARENCE COUNTS JR., 0000 PHILLIP M BADAR, 0000 JOHN G BUCK, 0000 *JOHN W COVER JR., 0000 *CLAUDE W BAILEY III, 0000 *PATRICK T BUDJENSKA, 0000 *MELISSA R COVOLESKY, 0000 GEORGE D BAILEY JR., 0000 *TON H BUI, 0000 *GLORIA J COX, 0000 *JEFFERY S BAILEY, 0000 ERIC F BULLER, 0000 *JESSE J COX, 0000 MICHELLE M BAILEY, 0000 GREGORY A BURBELO, 0000 *JOSEPH L COX, 0000 *WILLIAM J BAINBRIDGE, 0000 WILLIAM W BURNHAM, 0000 TYRONE J CRABB, 0000 HUGH D BAIR, 0000 *MICHAEL F BURNS III, 0000 *KELLY A CRIGGER, 0000 JERRY L BAIRD, 0000 FRED J BURPO, 0000 *SCOTT T CRINO, 0000 CLINTON J BAKER, 0000 *ROBERT M BURRELL, 0000 JON R CRIST, 0000 HAROLD D BAKER, 0000 BRIEN A BUSH, 0000 *JOSEPH F CROCITTO, 0000 SHANE A BAKER, 0000 *SAMUEL A BUTZBACH, 0000 *JEFFREY L CROCKETT, 0000 THOMAS E BAKER, 0000 *ROBERT E BUZAN JR., 0000 MICHAEL J CROSSETT, 0000 *JAMES M BALL, 0000 CHRISTIAN S BUZATO, 0000 *ROBERT S CROUCH, 0000 MICHAEL A BALL, 0000 LESLIE F CABALLERO, 0000 JAMES CROWLEY, 0000 *ROBERT D BALL, 0000 *CAMBRIDGE L CADOGAN, 0000 WILLIAM L CROWLEY, 0000 *JAMES A BAMBURG, 0000 *EDWARD K CAGLE, 0000 *THOMAS A CROWSON, 0000 DAVID P BARLET, 0000 *ROBERT A CAIN, 0000 *RONALD T CUFFEE SR, 0000 JAMES E BARNETT, 0000 GARY D CALESE, 0000 *HARRY R CULCLASURE, 0000 MARTIN J BARR, 0000 CHARLES B CAMPBELL, 0000 DAVID T CULKIN, 0000 ROBERT L BARRIE JR., 0000 *DOUGLAS R CAMPBELL, 0000 *ROBERT A CULP II, 0000 CHRISTOPHER J BARRON, 0000 MARY J CAMPBELL, 0000 *ROBERT W CUMMINS JR., 0000 *DANIEL J BARZYK, 0000 PETER CAMPBELL, 0000 *ROBERT J CUNNIFF, 0000 DAVID E BASS JR., 0000 *RONALD L CAMPBELL, 0000 DEBRA A CURETON, 0000 *BRIAN W BASSETT, 0000 *JUDITH A CANNON, 0000 PATRICK K CURRAN, 0000 THOMAS C BASSETT, 0000 *LAWRENCE N CANNON, 0000 JOY L CURRIERA, 0000 MATTHEW M BATTISTON, 0000 CHRISTOPHER J CARDONI, 0000 *JOSEPH S CURTIS, 0000 *JOSEPH G BAYERL, 0000 SEAN T CARNEY, 0000 *CONOR T CUSICK, 0000 *TODD M BEARDEN, 0000 *TIMOTHY A CARNS, 0000 JOHN M CYRULIK, 0000 PATRICK L BEATTY, 0000 *WALTER T CARO, 0000 *JOSEPH A DADDARIO, 0000 *ASHLEAH BECHTEL, 0000 *ERIC B CARPENTER, 0000 *ABBAS K DAHOUK, 0000 GLENN B BECKER, 0000 MICHAEL H CARR, 0000 *JOSEPH G DALESSIO, 0000 JAMES R BECKER, 0000 *BRIAN J CARROLL, 0000 *DAVID L DANIEL, 0000 PAUL E BEGALKA, 0000 *BRUCE M CARSWELL JR., 0000 *MICHAEL J DANIELS, 0000 PERRY P BEISSEL, 0000 JOHN L CARTER, 0000 THEODORE W DASSO, 0000 THOMAS P BELKOFER, 0000 *PAUL T CARTER, 0000 *HENRY L DAVENPORT, 0000 *ARRITA D BELL, 0000 *JONATHAN G CASH, 0000 *ORESTEES T DAVENPORT, 0000 CHARLES S BELL, 0000 MICHAEL S CASHMAN, 0000 GREGORY B DAVIDSON, 0000 *DOUGLAS B BELLET, 0000 *RICHARD D CASPER JR., 0000 *ROBERT A DAVIDSON, 0000 *MICHAEL B BELLENOIT, 0000 *JOHN L CASS, 0000 THOMAS R DAVIES, 0000 *JAMES P BELLOTTE, 0000 ALLEN T CASSELL, 0000 *TONY O DAVILA, 0000 GERALD P BENARD, 0000 *OWEN B CASTLEMAIN, 0000 *BRIAN J DAVIS, 0000 *JAMES E BENARD, 0000 *EDWIN A CASTRO, 0000 DALE E DAVIS, 0000 *MATTHEW L BENDELE, 0000 *FELIX A CASTRO, 0000 *HUBERT D DAVIS, 0000 ANTHONY L BENITEZ, 0000 *ERIC R CATHCART, 0000 *JOEL DAVIS JR., 0000 *MICHAEL J BENJAMIN, 0000 *BRETT A CHALLENGER, 0000 *MICHAEL N DAVIS, 0000 *MARK S BENNETT, 0000 *FLOYD CHAMBERS, 0000 *NATHAN W DAVIS, 0000 ROBERT J BENNETT, 0000 *JASON B CHAMNESS, 0000 *ROBERT J DAVIS JR., 0000 *ROLAND F BENNETT, 0000 NELSON E CHANG, 0000 *SCOTT A DAVIS, 0000 *MICHAEL K BENTLEY, 0000 CHRISTIAN D CHAPMAN, 0000 *TONY B DAVIS, 0000 KENDALL A BERGMANN, 0000 *MICHAEL A CHARLEBOIS, 0000 *MICHAEL E DAWSON, 0000 BENJAMIN P BERNER JR., 0000 *BRADFORD J CHASE, 0000 *WILLIAM J DEAGAN, 0000 ANTHONY R BERRY, 0000 *JEFFERY CHEEKS, 0000 *SCOTT W DEBORD, 0000 *JOSEPH BERRY JR., 0000 *JANICE H CHEN, 0000 *GARY M DEFORE, 0000 CRAIG BERRYMAN JR., 0000 *STEPHEN T CHENG, 0000 EFRAIN DELACRUZ, 0000 *WILLIAM E BESETH, 0000 *RILEY J CHERAMIE JR., 0000 JOHN P DELANEY, 0000

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*RANDALL S DELONG, 0000 *KEM R FLEMING, 0000 *DAVID R HALL, 0000 MARK C DELP, 0000 *LEE A FLEMMING JR., 0000 *JAMES E HALL, 0000 *JEFFREY P DENNIS, 0000 *EDWIN A FLICK, 0000 *JOSEPH S HALL, 0000 *PHILLIP J DEPPERT, 0000 *JOSEPH M FLOWERS, 0000 *LAMAR W HALL, 0000 MARK J DERBER, 0000 *WILLIE J FLUCKER JR., 0000 *RICHARD M HALL, 0000 *ERIC M DERYNIOSKI, 0000 *DAVID S FLYNN, 0000 TIMOTHY J HALL, 0000 *MICHAEL G DESLAURIERS, 0000 KEITH J FORSYTH, 0000 BRIAN S HALLORAN, 0000 *GEOFFREY C DETINGO, 0000 WILLIAM J FORTNER, 0000 SCOTT W HALSTEAD, 0000 *DAVID J DETZ, 0000 *TERENCE A FOSSGREEN, 0000 SCOTT J HALVERSON, 0000 *CRAIG E DEVINE, 0000 *CHRISTOPHER J FOX, 0000 *JANE M HAMANN, 0000 LAMBERT D DEVRIES, 0000 *DARRYL T FOX, 0000 SCOTT A HAMANN, 0000 *RONALD C DEY, 0000 JONATHAN M FOX, 0000 BURKE R HAMILTON, 0000 *DWAYNE A DICKENS, 0000 DARREN C FRANK, 0000 *BILLIE E HAMLET JR., 0000 *GLENN K DICKENSON, 0000 *MARY E FRANKE, 0000 *MICHAELE M HAMMEL, 0000 JOHN P DIGIAMBATTISTA, 0000 DONALD R FRANKLIN, 0000 BRIAN J HAMMER, 0000 *SCOTT A DIGRUTTOLO, 0000 *MITCHELL D FRANKS, 0000 TONY J HAMMES, 0000 *ALFRED DILEONARDO III, 0000 PETER E FRANZ JR., 0000 RODERICK J HAMMOND, 0000 *THOMAS E DILLINGHAM, 0000 *KRISTIN A FRAZER, 0000 *RODNEY L HAMPTON, 0000 *JAMES B DILLONAIRE, 0000 JAMES W FRAZIER, 0000 BRIAN D HANKINSON, 0000 *JERRY D DILWORTH, 0000 *PAUL J FREDERICK, 0000 *BERNADETTE M HANLEY, 0000 JOHN A DINGES, 0000 *JOHN M FREEBURG, 0000 *AMY E HANNAH, 0000 *ERNEST DIXON III, 0000 JEFFREY W FRENCH, 0000 *JEFFERY A HANNON, 0000 *BRIAN K DOCKERY, 0000 *MICHAEL J FRENCHICK, 0000 CATHERINE A HANSEN, 0000 BOBBY E DODD, 0000 *DARWIN A FRETT, 0000 JORIE L HANSON, 0000 *SASHA A DOMBROVSKIS, 0000 *SONYA K FRIDAY, 0000 *THOMAS E HANSON, 0000 *PETER J DON, 0000 *ANNA R FRIEDERICHMAGGARD, 0000 DAVID W HARDY, 0000 CHRISTOPHER M DONESKI, 0000 *RICHARD A FROMM II, 0000 *ROBERT M HARDY III, 0000 *KELLY P DONNA, 0000 *ROBERT L FRUEHWALD, 0000 *ROBERT J HARMAN JR., 0000 *THOMAS A DORSEY, 0000 THOMAS M FUGATE, 0000 BLAIRE M HARMS, 0000 *DEBRA L DOUGHERTY, 0000 *ALEXANDER P FULLERTON, 0000 *JEFFREY S HARNISH, 0000 *ROY F DOUGLAS, 0000 *SHANE N FULLMER, 0000 JEFFREY B HARPER, 0000 *TERRY DOUGLAS, 0000 *ROBERT F FULSCHER, 0000 *NEIL HARPER, 0000 *MICHAEL J DOVE, 0000 *MATTHEW S FURLONG, 0000 *JAMES H HARRELL II, 0000 ALAN J DOVER, 0000 *CURTIS N GADSON, 0000 *DWAYNE A HARRIS, 0000 *LARRY W DOWNER, 0000 JOHN W GAGNON, 0000 JOHN T HARRIS, 0000 *LARRY A DOXTATER, 0000 KAREN M GAIENNIE, 0000 LORENZO HARRIS, 0000 LEWIS N DOYLE, 0000 *WILLIAM S GALBRAITH, 0000 MICHAEL W HARRIS, 0000 *THOMAS A DRAKEFORD, 0000 *DOUGLAS O GALEAI, 0000 *MONTYE R HARRIS, 0000 WILLIAM T DRAPER JR., 0000 JAMES J GALLIVAN, 0000 *DOUGLAS M HARRISON, 0000 *DAVID C DRESCHER JR., 0000 *VINCENT F GALLMAN, 0000 CHRISTOPHER S HART, 0000 *GARY P DREW, 0000 *AUGUSTINE GALLOWAY, 0000 DAVID M HART, 0000 TODD M DUDINSKY, 0000 *ELLIOTT W GALLOWAY, 0000 SCOTT A HASKEN, 0000 *CARLOS A DUKES, 0000 *WALTER R GANDY, 0000 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DZIENNY, 0000 JON R GEROLD, 0000 *ROGER P HEDGEPETH, 0000 *ROBERT S EARL, 0000 *CRISTINE L GIBNEY, 0000 CHARLES J HEIMANN, 0000 BRAD E ECKLEY, 0000 BRIAN W GIBSON, 0000 *EDWARD N HEIN, 0000 CLAYTON W EDENS, 0000 ERIK O GILBERT, 0000 *PAUL D HEINLEIN, 0000 ROYCE A EDINGTON, 0000 *STEVEN T GILL, 0000 *KRISTINA M HEISE, 0000 *ROBERT L EDMONSON II, 0000 JOHN S GILLESPIE, 0000 JEFFREY A HELMS, 0000 CURTIS B EDSON, 0000 *FORD A GILLIAM, 0000 *ROBERT A HELMS, 0000 JOHN K EDWARDS, 0000 *SUSAN M GILLISON, 0000 ROBERT B HEMMER, 0000 *THOMAS J EDWARDS JR., 0000 GARY E GILLON JR., 0000 LEWIS E HENRY II, 0000 WILLIAM L EDWARDS, 0000 *CHRISTOPHER J GILMORE, 0000 *DONALD G HERKO, 0000 CHRIS ELDRIDGE, 0000 PATRICK W GINN, 0000 JOHN C HERMELING, 0000 *SCOTT J ELLINGER, 0000 *LARISSA A GINTY, 0000 *JOSE A HERNANDEZ, 0000 *AUDRY L ELLINGSON, 0000 *MARKO GITTENS, 0000 *ABEL HERNANDEZNIEVES, 0000 JOHN F ELLIS, 0000 *RICHARD J GLEDHILL, 0000 SALOME HERRERA JR., 0000 KAY L EMERSON, 0000 *THOMAS B GLOOR, 0000 SAUL HERRERA JR., 0000 *RYAN W EMERSON, 0000 *RUSSELL L GODSIL JR., 0000 *ROGER A HERRES, 0000 *WILLIAM B EMGE, 0000 *STEPHEN M GOLDMAN, 0000 SEAN M HERRON, 0000 *ERIC E ENDRIES, 0000 RAUL E GONZALEZ, 0000 *STEFAN HERZOG JR., 0000 CHRISTOPHER H ENGEN, 0000 *TERESHA R GOOLSBY, 0000 *JOHNNY L HESTER, 0000 CHRISTOPHER T ENGER, 0000 *MARK S GORAK, 0000 *TOMMIE HEWITT JR., 0000 *BRIAN S ENGLAND, 0000 JAMES A GORDON, 0000 *DAVID T HICKCOX, 0000 *GENE E ENGLAND, 0000 RICHARD H GORDON, 0000 *JOHN J HICKEY III, 0000 *BRENT B EPPERSON, 0000 *JEFFREY C GORRES, 0000 BENJAMIN I HIGGINBOTHAM, 0000 *JOE ERVIN JR., 0000 KARL A GOSSETT, 0000 *MICHAEL J HIGGINBOTHAM, 0000 *ALEXANDER P ESPINOSA, 0000 *GREGORY M GOTH, 0000 WILLIAM K HIGHBERGER, 0000 *JOHN F ESPOSITO, 0000 STEPHEN J GRABSKI, 0000 *WILLIAM B HIGHT, 0000 *CHRISTOPHER L EUBANK, 0000 *PHYLLIS V GRACE, 0000 *JOSEPH L HILFIKER, 0000 *EDWARD J EVANS JR., 0000 *JOHN E GRADY, 0000 *LEE A HILGARTNER, 0000 IVAN D EVANS, 0000 JONATHAN K GRAFF JR., 0000 *NORMAN A HILTON, 0000 *JODY L EVANS, 0000 SCOTT A GRAHAM, 0000 *JOHN M HINCK, 0000 *LILLARD D EVANS, 0000 RICHARD S GRAMMER, 0000 *JOHN G HINES JR., 0000 ROBERT C EVANS, 0000 *JOHN E GRANT, 0000 JOHN C HINKEL JR., 0000 DOUGLAS M FAHERTY, 0000 *KEVIN N GRANT, 0000 *JIMMY S HINTON, 0000 FREDERICK J FAIR, 0000 JANICE M GRAVELY, 0000 KENNETH T HOBBS, 0000 MARTIN L FAIR JR., 0000 *DANIEL S GRAVES, 0000 *DAVID S HOCKER, 0000 *DANIEL R FARMER, 0000 *HORACE P GRAVES JR., 0000 DANIEL C HODNE, 0000 WILLIAM K FARMER, 0000 *CHRISTOPHER W GREEN, 0000 *BRYAN J HOFF, 0000 *DONALD M FARNSWORTH, 0000 *BENJAMIN P GREENE, 0000 *THOMAS R HOFFMAN, 0000 JERRY L FARNSWORTH II, 0000 *WILLIE B GREENE, 0000 * ANGELIA K HOLBROOK, 0000 *CHRISTOPHER S FARR, 0000 *JOHN D GREER, 0000 * JOHN B HOLCOMB, 0000 CHRISTOPHER M FARRELL, 0000 BENJAMIN M GREINER, 0000 * ERNEST P HOLLAND, 0000 *JAMES M FARRELL, 0000 *RONNIE B GRIFFIN, 0000 * JOSEPH C HOLLAND, 0000 *MICHAEL P FARRELL, 0000 *JOHN H GRIMES, 0000 MICHELLE E HOLLIDAY, 0000 *CEDRICK A FARRIOR, 0000 BRANDON L GRUBBS, 0000 * SHAWN L HOLLINGSWORTH, 0000 JAMES K FARRIS, 0000 *ROBERT GRUNDY, 0000 * ANGELA M HOLMES, 0000 WILLIAM L FEHLMAN II, 0000 DAVID M GUARRIELLO, 0000 * STANLEY D HOLT, 0000 *CARY V FERGUSON, 0000 *CECILE M GUEVARRA, 0000 * RODNEY H HONEYCUTT, 0000 ROBYN E FERGUSON, 0000 *GAVIN M GUIDRY, 0000 MICHAEL B HOOS, 0000 *WILLIAM W FERGUSON, 0000 *ROSENDO T GUIEB, 0000 * DAVID B HOPKINS, 0000 *CASTANER P FERNANDEZ, 0000 LORRIE S GULER, 0000 * WOODARD B HOPKINS, 0000 *JAY M FERREIRA, 0000 *BRETT J GULLETT, 0000 JOHN M HOPPMANN, 0000 DAVID P FILER, 0000 ROSA GUVERCIN, 0000 CARL J HORN III, 0000 *THOMAS L FINCH JR., 0000 JORGE GUZMAN, 0000 MICHAEL P HOSIE, 0000 JASON R FISCHL, 0000 *WILLIAM E HAAS, 0000 * MICHAEL T HOUSER, 0000 PAUL R FISCUS, 0000 GIFFORD C HADDOCK, 0000 * STEVEN M HOWELL, 0000 ROBERT A FISHER, 0000 DAVID J HAEBIG, 0000 * WILLIAM J HOY, 0000 *EDWIN J FISKE JR., 0000 JOHN W HAEFNER, 0000 * JERRY D HUBBARD, 0000 *MARK A FITCH, 0000 *ANTHONY R HALE, 0000 * DOROTHY E HUBER, 0000 MICHAEL F FITZGERALD, 0000 *JOHN C HALE, 0000 * REED E HUDGINS, 0000 *KAREN G FLEMING, 0000 ANDREW O HALL, 0000 * LEE G HUDSON, 0000

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TIMOTHY D HUENING, 0000 LUKE A KNITTIG, 0000 *ALFONSO MANDUJANO JR., 0000 WILLIAM M HUFF, 0000 * KENNETH W KNOWLES, 0000 *DAVID S MANN, 0000 * ERIC A HUGHES, 0000 SCOTT A KOBIDA, 0000 *MICHAEL L MANSI, 0000 FREDERICK J HUGHES IV, 0000 LANCE W KOHLER, 0000 GRETCHEN MANUS, 0000 * PETER G HULLER, 0000 JOSEPH E KOLLER, 0000 *THOMAS D MANZ, 0000 * HARRY H HUNGERFORD III, 0000 KARL KONZELMAN, 0000 JONATHAN M MAPLEYBRITTLE, 0000 * KRISTEN L HUNT, 0000 * DAVID F KOONCE III, 0000 *CHARLES S MARBAS, 0000 PHILIP D HUNT, 0000 * MARC S KORTENRAY, 0000 KEITH A MARKHAM, 0000 * EDWARD J HUNTER, 0000 RICHARD C KOSTECKI, 0000 *JERRY D MARLATT JR., 0000 KIRK S HUNTER, 0000 * ANDREW J KOUNAS, 0000 KYLE J MARSH, 0000 * MICHAEL D HUNTER, 0000 * KARL S KRAUSE, 0000 *DANIEL C MARTIN, 0000 * MIKI T HUNTINGTON, 0000 * DOUGLAS N KRAWCZAK, 0000 *DARRELL W MARTIN, 0000 DARRYL B HURST, 0000 DAVID R KREUN, 0000 *JERRY L MARTIN, 0000 * PAUL A HUSSAIN, 0000 ROBERT J KRONING, 0000 MICHAEL L MARTIN, 0000 SCOTT D HUSSEY, 0000 * KEITH A KRUEGER, 0000 *SAMUEL E MARTIN, 0000 PATRICK J HYNES, 0000 ROBERT T KRUMM, 0000 *THOMAS C MARTIN, 0000 ROBERT F HYNES, 0000 CHARLES D KRUMWIEDE, 0000 *LILLIAM MARTINEZ, 0000 * JOHN W HYTTEN, 0000 THEODORE S KUBISTA, 0000 MIGUEL A MARTINEZ, 0000 * KEITH E IGYARTO, 0000 * DEAN W KUCERA, 0000 *WILLIAM E MASON, 0000 * HEYWARD R INABINETT, 0000 PAUL D KUCIK III, 0000 JESSIE L MASSEY, 0000 * MICHAEL J INDOVINA, 0000 * JOHN D KUENZLI, 0000 *RANDY G MASTEN, 0000 JAMES P ISENHOWER III, 0000 * JOHN T KUNDEL, 0000 *DAVID P MATARAZZO, 0000 KELLY W IVANOFF, 0000 JASON I KUROIWA, 0000 ALBERT MATEGRANO III, 0000 * JOSEPH G IZAGUIRRE, 0000 KARL R KURZ, 0000 *ROBERT S MATHERS, 0000 * DARIO M IZQUIERDO II, 0000 * JOHN E LABADINI, 0000 MICHAEL S MATT, 0000 * BRENDA A JACINTO, 0000 * ERIC M LACHANCE, 0000 *JOSEPH C MATTHEW, 0000 JEFFREY D JACK, 0000 * MARK H LAFLAMME, 0000 *JOHNNEY K MATTHEWS, 0000 * DEMETRIUS L JACKSON, 0000 * PATRICK A LAMB, 0000 *QUINT L MATTHEWS, 0000 * MICHAEL S JACKSON, 0000 * MICHAEL J LAMBERT, 0000 *EDWARD P MATTISON, 0000 * RONALD L JACKSON, 0000 GREGORY A LAMM, 0000 NICK S MAULDIN, 0000 * WILLIE A JACKSON, 0000 BRIAN T LAMSON, 0000 *CHARLES H MAY, 0000 KEVIN L JACOBI, 0000 ERIC A LAND, 0000 PHILIP L MAYBERRY, 0000 JAY G JACOBS, 0000 KEVIN P LANDERS, 0000 JOHN E MAYER, 0000 * GREGORY JAMES, 0000 * JAMES V LANTZ, 0000 *JAMES G MCADEN, 0000 * JOHN C JAMES, 0000 * RYAN J LAPORTE, 0000 SCOTT L MCANALLEN, 0000 * KENNETH T JAMES, 0000 * ANDREW L LARK, 0000 *ROBERT J MCARDLE, 0000 MARLON C JAMES, 0000 * AARON L LARSEN, 0000 RAMONA M MCCAA, 0000 * JAMES JANUSZKA, 0000 ERIC J LARSON, 0000 ELIZABETH A MCCAIN, 0000 * SCOTT C JANZEN, 0000 * WILLIAM E LAYNE, 0000 *WILLIAM H MCCAULEY V, 0000 THOMAS D JARZEN, 0000 * CHRISTOPHER E LAYTON, 0000 RITA C MCCLELLAN, 0000 * RICHARD S JEFFRESS, 0000 * CEDRIC D LEE, 0000 *COLLEEN S MCCLOSKEY, 0000 FRANK E JENIO, 0000 * GWENDOLYN M LEE, 0000 ROGER A MCDONALD, 0000 * KENNETH M JENKINS, 0000 JONG H LEE, 0000 WILLIAM G MCDONOUGH III, 0000 MARVIN R JENNINGS, 0000 * KI T LEE, 0000 *ERIC A MCELDOWNEY, 0000 * GREGORY L JOACHIM, 0000 PATRICK T LEE, 0000 *JAMES G MCFADDEN, 0000 ANDREW T JOHNSON, 0000 * RICHARD T LEE, 0000 MATTHEW W MCFARLANE, 0000 * BARRIE JOHNSON, 0000 * LINCOLN D LEIBNER, 0000 *ALONZO B MCGHEE, 0000 * BRIAN N JOHNSON, 0000 * THOMAS G LEITCH, 0000 *ROBERT W MCGHEE, 0000 * CARTER A JOHNSON, 0000 * BRIAN D LEJEUNE, 0000 *KEITH Q MCGUIRE, 0000 CURTIS A JOHNSON, 0000 * PAUL C LEMKE, 0000 BRIAN E MCINERNEY, 0000 * DANA R JOHNSON, 0000 STEPHEN C LEMONS, 0000 *DANIEL L MCKEE, 0000 * ISAAC O JOHNSON, 0000 JOSHUA M LENZINI, 0000 *TIMOTHY P MCKEE, 0000 * JASON T JOHNSON, 0000 * PATRICK N LESLIE, 0000 DENNIS J MCKERNAN, 0000 MARIO A JOHNSON, 0000 CASEY J LESSARD, 0000 THOMAS M MCKINLEY, 0000 PAUL D JOHNSON, 0000 * TIMOTHY S LETHERS, 0000 *LESTER A MCLAUGHLIN JR., 0000 * PAUL W JOHNSON, 0000 STEVEN J LETZRING, 0000 *RICHARD A MCLAUGHLIN, 0000 * RICHARD A JOHNSON, 0000 * TODD R LEVENDOSKI, 0000 TODD G MCLEAN, 0000 * WENDELL K JOHNSON, 0000 * MARK S LEVINE, 0000 *VANCE L MCLEOD, 0000 WILLIAM B JOHNSON, 0000 DEAN E LEWIS, 0000 FRITZGERALD F MCNAIR, 0000 WILLIAM D JOHNSON, 0000 SAMUEL J LEX, 0000 *ANISSA M MCNEILL, 0000 * VINCENT F JOHNSTON, 0000 ERIC M LEYDE, 0000 *GLENN MCNORIAL, 0000 * DANIEL B JONES, 0000 JONATHAN P LIBA, 0000 *DAVID N MCNUTT, 0000 JASON E JONES, 0000 JEFFREY A LIBBY, 0000 *DEWAYNE MCOSKER JR., 0000 * KENNETH E JONES, 0000 LEE G LIENEMANN, 0000 TIMOTHY R MCRAE, 0000 OMAR J JONES IV, 0000 * VERNON F LIGHTNER, 0000 *ROBERT F MCTAGUE III, 0000 PAUL A JONES, 0000 * MERRITT LINCOLN, 0000 ROBERT C MCWILLIAMS IV, 0000 * RICHARD D JONES, 0000 VICTOR C LINDENMEYER, 0000 STEPHEN G MEANS, 0000 TRENA L JONES, 0000 VINCENT R LINDENMEYER, 0000 *WILLIAM MEDINACRUZ, 0000 * WILLIAM D JUHL, 0000 WILLIAM C LINDNER, 0000 *CYNTHIA T MEDLIN, 0000 MICHAEL A JUNOT, 0000 DAVID R LINDSEY JR., 0000 *DEAN A MEINERT, 0000 SCOTT M KAIN, 0000 MICHAEL C LINDSEY, 0000 *DAVID B MELTON, 0000 * JOSEPH W KAMPE, 0000 CHRISTIAN R LINDSTROM, 0000 PHILIP P MELTON, 0000 TODD A KANE, 0000 BRIAN E LINVILL, 0000 *MATT G MELVIN, 0000 KAME K KANESHIRO, 0000 MICHAEL E LISOWSKI, 0000 *RAYMOND D MENARD, 0000 JAMES G KANICKI, 0000 NORMAN P LITTERINI, 0000 SERAFIN C MENO JR., 0000 ADAM C KAPOLKA, 0000 *CHARLES P LITTLE, 0000 *ANDREW T MERGENS, 0000 * GUY M KAPUSTKA, 0000 *DANIEL R LITTLE, 0000 *TIMOTHY S MERRIOTT, 0000 * SUZANNE C KARABINUS, 0000 FREDERICK W LITTLE, 0000 *KEVIN K MESSER, 0000 * VASILI KARATZAS, 0000 RICHARD J LITTLE, 0000 *MICHAEL G MESTAN, 0000 * KERRY W KASTANEK, 0000 EDWARD J LIZURICK, 0000 *AARON W METZ, 0000 * ANDREW J KAUFMANN, 0000 DAVID H LOCH, 0000 *EUGENE C MEYER JR., 0000 * KEVIN T KAWASAKI, 0000 *BRANDEE S LOCKARD, 0000 *PAIGE L MEYER, 0000 PATRICK J KEANE, 0000 *WILLIE J LOCKE III, 0000 ROSS H MEYER, 0000 * AVA S KEARNEY, 0000 *THOMAS P LOMBARDO, 0000 *PATRICK J MICHAEL, 0000 JAMES P KEATING, 0000 *JEFFREY W LONG, 0000 *JOHN P MICHNA, 0000 * AURA M KEE, 0000 *ARTHUR J LONTOC, 0000 *DANIEL J MIDDLETON, 0000 * KIRK E KEEPERS, 0000 *JAMES J LOONEY, 0000 *MICHEAL A MIGLIARA, 0000 MATTHEW V KELLER, 0000 MICHAEL J LOOS, 0000 EDWARD O MIILLER III, 0000 SANTIPONG M KELLER, 0000 *HAROLD W LOPEZ, 0000 *MARK D MILES, 0000 JASON E KELLEY, 0000 *JAMES R LORENZ, 0000 ANDREW J MILLER, 0000 KENNETH C KELLEY, 0000 *RHONDA L LOVKO, 0000 CASSANDRA E MILLER, 0000 MONICA Y KELLEY, 0000 *FLOYD W LUCAS JR., 0000 *CHARLES R MILLER JR., 0000 * THOMAS C KELLEY III, 0000 *BRIAN M LUCID, 0000 *CHERYL A MILLER, 0000 * ALAN G KELLOGG, 0000 STEVEN E LUDWIG, 0000 DUANE R MILLER, 0000 ANDREW J KELLY, 0000 *CHAD P LUEBBERT, 0000 *JAMES C MILLER JR., 0000 * ROBERT J KELLY, 0000 *CHRISTOPHER S LUEKENGA, 0000 JEREMY B MILLER, 0000 * SHERMAN D KELLY, 0000 *LUIS LUGO JR., 0000 *MARK A MILLER, 0000 * JAMES R KENNEDY, 0000 RONALD G LUKOW, 0000 CHARLES D MILLS, 0000 * PATRICK L KERR, 0000 *STEPHEN J LUTSKY, 0000 *MICHAEL W MILNER, 0000 BRIAN S KEWAK, 0000 RICHARD C LYLES, 0000 *KEVIN M MINDAK, 0000 STUART A KIDDER, 0000 *CHRISTOPHER F LYNCH, 0000 *BRADFORD A MINNERS, 0000 KEVIN P KILBURN, 0000 *DAVID M LYNCH, 0000 KENNETH J MINTZ, 0000 * PETER J KIM, 0000 DARREN D LYNN, 0000 *DARRIN B MIRKARIMI, 0000 YU S KIM, 0000 *FRANKLIN D LYNN JR., 0000 CHARLES S MITCHELL, 0000 JENNIFER L KIMMEY, 0000 STEPHEN C MA, 0000 JOHN P MITCHELL, 0000 * BILLIJEAN KING, 0000 *JAMES W MACGREGOR, 0000 *CHRISTOPHER C MITCHINER, 0000 * CRAIG M KING, 0000 PATRICK B MACKIN, 0000 *DAVID R MIZELLE, 0000 * ROBERT M KIRILA, 0000 *MARK A MAGALSKI, 0000 *KEVIN D MOBLEY, 0000 ERIC D KIRK, 0000 *MICHAEL P MAGEE, 0000 GREGORY R MOGAVERO, 0000 HOWARD C KIRK IV, 0000 ROBERT K MAGEE, 0000 RICHARD M MONNARD, 0000 * DAVID W KIRKLAND, 0000 PATRICK G MAGRAS, 0000 *MICHAEL K MONROE, 0000 * JAY F KLAUS, 0000 PHILIP L MAHLA, 0000 *IVAN MONTANEZ, 0000 * KARL M KLEIN, 0000 *JOSEPH B MAHON, 0000 VONNETTE T MONTEITH, 0000 * MARTIN F KLEIN, 0000 LEO J MAHONEY IV, 0000 *TIMOTHY R MONTGOMERY, 0000 KENNETH J KLIETHERMES, 0000 JAN C MALAIKAL, 0000 JOANNE C MOORE, 0000 RANDALL R KLINGAMAN, 0000 RODNEY L MALBROUGH JR., 0000 LARRY D MOORE, 0000 DAVID L KNELLINGER JR., 0000 *JOAQUIN MALDONADOBELTRAN JR., 0000 *ROBERT L MOORE, 0000

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TIMOTHY J MOORE, 0000 STEVEN J PATIN, 0000 CARTER L ROGERS, 0000 *ANTHONY M MORANO, 0000 CLIFFORD L PATTERSON JR., 0000 *DAVID K ROGERS, 0000 *THOMAS O MOREL, 0000 *DAVID H PATTERSON JR., 0000 MICHAEL L ROGNEY, 0000 *PATRICK S MORGAN, 0000 ERIC A PATTERSON, 0000 *KEVIN P ROJEK, 0000 SCOTT H MORGAN, 0000 KENNETH A PATTERSON, 0000 *MICHAEL J ROSAMOND, 0000 *SEAN P MORIARTY, 0000 *TAMATHA A PATTERSON, 0000 *LEONARD ROSANOFF, 0000 HARRIS L MORRIS, 0000 CHRISTOPHER A PATTON, 0000 *MELVYN D ROSE JR., 0000 MATTHEW R MORRIS, 0000 *RONALD D PAYNE, 0000 *MARK E ROSENSTEIN, 0000 *PATRICK W MORRISON, 0000 *GARY A PEARSON JR., 0000 RANDY S ROSS, 0000 CRAIG D MORROW, 0000 *KEITH E PECHA, 0000 *AARON J ROTH, 0000 DAVID P MORROW, 0000 SHANA E PECK, 0000 *RICHARD R ROULEAU, 0000 *PATRICK D MORROW, 0000 *KENTON L PEMBER, 0000 THOMAS G ROWELL JR., 0000 *ANDREW M MORTENSEN, 0000 *DAVID W PENDALL, 0000 ELON K ROWLEE III, 0000 MATTHEW D MORTON, 0000 WILLIAM B PENLAND, 0000 JAMES C ROYSE, 0000 *KATHALEEN D MOSES, 0000 *JAMES J PENNOCK, 0000 *RICHARD L RUFFCORN II, 0000 *MARK L MOSS, 0000 *WILLIAM E PEOPLES, 0000 *BRENT D RUHLEN, 0000 *MICHAEL E MOWES, 0000 *ELOUISE M PERAZZOLI, 0000 MICHAEL D RUNEY, 0000 *MARK W MOYER, 0000 *JAMES P PEREDA, 0000 TODD C RUNYON, 0000 *GREGORY C MUELLER, 0000 *KRIS N PERKINS, 0000 *CATHERINE A RUSNAK, 0000 *CHRISTOPHER C MUHR, 0000 *RUSSELL B PERKINS, 0000 SAM W RUSS III, 0000 NICHOLAS A MULLEN, 0000 *JAMES S PERRY, 0000 WILLIAM M RUSSELL, 0000 PATRICK J MULLIN, 0000 *JEFFERY A PERRY, 0000 *MARK C RUSSO, 0000 CARLA D MULLINGSJOHNSON, 0000 *SHARLENE J PERRY, 0000 JOSEPH A RYAN, 0000 JEFFREY B MULLINS, 0000 *IRVIN PETE, 0000 *KAREN L SALAS, 0000 *BRUCE A MUMFORD, 0000 *MICHAEL P PETERS, 0000 *JENNIFER B SALINAS, 0000 ANTONIO V MUNERA, 0000 ROBERT M PETERS, 0000 *JOHN L SALOMONE JR., 0000 *CARLOS T MUNSON, 0000 *DARIUS F PETERSON, 0000 MATTHEW R SAMPSON, 0000 MATTHEW G MUNSTER, 0000 *SAMUEL L PETERSON, 0000 *MICHELLE A SANNER, 0000 *EDWARD J MURPHY, 0000 *BRIAN S PETIT, 0000 DEREK A SANTIAGO, 0000 *JOHN S MURPHY III, 0000 JOHN M PETRACCA JR., 0000 *GONZALEZ R SANTIAGO, 0000 *MICHAEL P MURPHY, 0000 *DONALD A PETRICH JR., 0000 JOSH C SAULS, 0000 *MICHAEL R MURRAH, 0000 *JAMES L PETRONE, 0000 *ERIC C SAUM, 0000 MARK E MURRAY, 0000 *ROBERT E PETTIT III, 0000 *ROBERT J SCANLON, 0000 *BRIAN T MYERS, 0000 SHAWN A PHELPS, 0000 JED J SCHAERTL, 0000 *YULANDA MYERS, 0000 *MICHAEL J PHILBIN, 0000 *JAMES P SCHAPEL, 0000 *JOSEPH A MYRDA JR., 0000 JAMES R PHILLIPS III, 0000 *ANDREW D SCHELL, 0000 *JAMES J MYRICK, 0000 *JOHN H PHILLIPS, 0000 PATRICK D SCHERTLER, 0000 VICTOR M NAKANO, 0000 *MARK E PHILLIPS, 0000 *MICHAEL A SCHIESL, 0000 *JAMES H NANCE II, 0000 *MICHAEL E PHILLIPS, 0000 KERRY J SCHINDLER, 0000 *JOSE C NAPUTI, 0000 *ROGER B PHILLIPS, 0000 JAMES W SCHIRMER, 0000 *JON M NARIMATSU, 0000 *TRAVIS A PHILLIPS, 0000 STEVEN G SCHLIESMAN, 0000 LEONEL NASCIMENTO, 0000 ERIC A PIATT, 0000 *RONALD J SCHMIDT, 0000 CHAUNCY C NASH, 0000 HOLLY C PIERCE, 0000 MARK E SCHMITT, 0000 *KEVIN M NASH, 0000 DOUGLAS P PIETROWSKI, 0000 MARK R SCHONBERG, 0000 RICHARD R NAVARRO JR., 0000 *DONALD A PINCUS, 0000 ELIZABETH W SCHOTT, 0000 *JEFFREY R NELDEN, 0000 TRACY D PINKSTON, 0000 RUSSELL J SCHOTT, 0000 *ERICA C NELSON, 0000 *LEON G PLUMMER, 0000 JOHN A SCHRIMSHER, 0000 GLENN L NELSON JR., 0000 *JEFFREY A POISSON, 0000 *BRUCE E SCHRINER, 0000 *JOHN S NELSON, 0000 *DERRYL M POOLER, 0000 *ROBERT B SCHUCK, 0000 *MATTHEW J NEWTON, 0000 *SUSAN D POOLER, 0000 PAUL D SCHUMACHER II, 0000 DAVID NGUYEN, 0000 *LOUIS J POORE, 0000 DONALD P SCHURR, 0000 THOMAS NGUYEN, 0000 *JAMES E PORTER JR., 0000 *DONALD E SCOTT, 0000 *THOMAS T NGUYEN, 0000 *JAMES T PORTER III, 0000 LEONARD B SCOTT IV, 0000 *GLENN T NICHOLS, 0000 *LEE M PORTERFIELD, 0000 *CHARLES M SEIFERT, 0000 PAUL E NICHOLS, 0000 JAMES C POWERS JR., 0000 *JAMES R SEKELSKY, 0000 *EDWARD A NICKERSON, 0000 *BRYAN L PRATT, 0000 *ROBERT C SEMPLE, 0000 *BRETT L NILES, 0000 *MARK A PRATT, 0000 JEFFREY S SETTLE, 0000 TIMOTHY G NIX, 0000 *STEVEN V PRAY, 0000 *JOHN D SHANK, 0000 *JAMES M NIXON, 0000 *TIMOTHY D PRESBY, 0000 *ERIC B SHAW, 0000 *JONNY R NOBLE, 0000 THOMAS L PRESCOTT, 0000 *KEITH B SHAW, 0000 *JOSHUA Y NOBLE, 0000 *ANDREW D PRESTON, 0000 THOMAS J SHEEHAN, 0000 *JOHN H NOEL, 0000 *DAVID J PRESTON, 0000 *KRAIG E SHEETZ, 0000 *DAVID A NORTHRIDGE, 0000 SHAWN T PRICKETT, 0000 *TIMOTHY M SHEETZ, 0000 SHELA S NORWOOD, 0000 MICHELE M PRIHODA, 0000 *BENNY L SHEPARD, 0000 *TRAVIS A NOWAK, 0000 FREDERICK E PRINS, 0000 *JERRY P SHEPPARD, 0000 *MICHAEL E NOWATKOWSKI, 0000 ROBERT E PROCTOR, 0000 *CYNTHIA M SHERMAN, 0000 *ALAN K NOWLIN, 0000 *CHRISTOPHER B PULTZ, 0000 JEFFREY M SHOEMAKER, 0000 WILLIAM T NUCKOLS JR., 0000 *ROBERT J PURVIS, 0000 *THOMAS F SHORE, 0000 *JOHN O NUGENT, 0000 CRAIG E QUADRATO, 0000 *ROBERT E SHORT, 0000 *GLENN M NUNEZ JR., 0000 *KEVIN J QUARLES, 0000 *HUGH D SHOULTS, 0000 JOHN W NUTT, 0000 JOEL R QUINN, 0000 TODD A SHOWALTER, 0000 *BRYAN W OBARR, 0000 PATRICK D QUINN III, 0000 JASON K SHRADER, 0000 PATRICK C OBRIEN, 0000 *THOMAS F QUINN, 0000 *JANICE L SHULTS, 0000 *RONALD E OBRYANT JR., 0000 TROY A RADER, 0000 DAVID E SIBERT, 0000 *ANDREW D ODERKIRK, 0000 BRIAN E RAE, 0000 *ROBERT R SIGLER, 0000 MARCUS J ODUM, 0000 TERESA L RAE, 0000 *SCOTT E SILL, 0000 *TODD R OFFILL, 0000 NATHANIEL W RAINEY, 0000 *KEITH A SIMMERS, 0000 *DANIEL E OGRADY, 0000 *ARMANDO J RAMIREZ, 0000 *CRAIG A SIMONSGAARD, 0000 OVA OHAIR III, 0000 HUMBERTO B RAMIREZ, 0000 *JOHN R SIMONTON, 0000 KIMBERLY A OKEEFE, 0000 *PETER J RAMIREZ, 0000 JEFFREY S SIMPSON, 0000 *MICHAEL P OLIVER, 0000 *CHRISTIAN J RAMTHUN, 0000 DOUGLAS A SIMS II, 0000 THOMAS J OLIVER, 0000 *KENNETH J RATASHAK, 0000 *KIM L SIMS, 0000 *BRIAN P ONEIL, 0000 *BRIAN D RAY, 0000 *PAYTON L SIMS, 0000 *JOHN B ONEILL, 0000 *MICHAEL D RAYBURN, 0000 NANDKUMAR R SINGH, 0000 RICHARD D ORMAN, 0000 ROMEO RECCHIA, 0000 DAVID G SINK, 0000 *MORGAN D OROURKE, 0000 STANLEY L REDEN, 0000 JAMES D SISEMORE, 0000 *GREGORY C ORTIZ, 0000 BRAD L REED, 0000 MICHAEL S SISLEY, 0000 MARK E ORWAT, 0000 *MARCUS A REESE, 0000 *JOHN T SIVILS, 0000 *CHRISTOPHER K OTOONI, 0000 *DANIEL C REID, 0000 *CHAD D SKAGGS, 0000 *SHANE P OUSEY, 0000 KEVIN M REISWITZ, 0000 *JAMES M SKRABACZ, 0000 ERIK R OVERBY, 0000 ANDREW T RENDON, 0000 STEPHEN B SLEDGE, 0000 DOUGLAS G OVERDEER, 0000 *KENDRICK L REVIERE, 0000 *MICHAEL E SLOANE, 0000 *ANDREW P OVERFIELD, 0000 *SCOTT A REW, 0000 DENNIS M SMALL, 0000 *NEAL J OYA, 0000 *DANIEL L REYNOLDS, 0000 *SARAH M SMALL, 0000 CARL J PACKER, 0000 *STORM E REYNOLDS, 0000 JASON L SMALLFIELD, 0000 *NICHOLAS W PALARINO, 0000 SCOTT G RHODEN, 0000 *DOUGLAS E SMALLS, 0000 MICHAEL V PALAZA, 0000 *IAN C RICE, 0000 *CHARLES H SMITH JR., 0000 CHRISTOPHER PALFI, 0000 *TRACEY D RICHARDS, 0000 *CRAIG L SMITH, 0000 *KENT A PALMER, 0000 *MARK A RICHARDSON, 0000 *DALE R SMITH, 0000 *MICHAEL E PANKO, 0000 DAVID M RICHEY JR., 0000 *DON E SMITH JR., 0000 *JEFFREY E PANNAMAN, 0000 THOMAS S RICKARD, 0000 *DWAYNE R SMITH, 0000 JOHANNES M PARAAN, 0000 *DANIEL K RICKLEFF, 0000 *JAMES J SMITH, 0000 RAFAEL A PAREDES, 0000 *JAMES A RIDDICK, 0000 *JOHN L SMITH, 0000 ROBERT W PARKE III, 0000 *CHRISTOPHER N RIGA, 0000 JOHN S SMITH, 0000 KEVIN W PARKER, 0000 *ROBERT R RIGSBY, 0000 *KEITH A SMITH, 0000 *TAMARA K PARKER, 0000 *REYNALDO D RINEN, 0000 *LAWRENCE A SMITH III, 0000 TIMOTHY J PARKER, 0000 PAUL RITKOUSKI, 0000 MARK A SMITH, 0000 GUY B PARMETER, 0000 WILLIAM M ROBARE, 0000 *SAMMY J SMITH, 0000 *DARRELL W PARNELL, 0000 *ARVESTA P ROBERSON II, 0000 *SAMUEL D SMITH, 0000 MICHAEL A PARODI, 0000 LARRY L ROBERTS, 0000 *SCOTT A SMITH, 0000 *JOHN V PARROTT, 0000 *ARTHUR B ROBERTSON, 0000 SCOTT A SMITH, 0000 *DARREN N PARSONS, 0000 KURT W ROBINSON, 0000 *WILLIE D SMITH, 0000 MICHAEL J PARSONS, 0000 BRYAN S ROBISON, 0000 JEFFREY D SNYDER, 0000 *MARTIN H PARTRIDGE, 0000 *DAWN M RODESCHIN, 0000 *MICHAEL D SNYDER, 0000 *PEDRO R PASSAPERA, 0000 *JAMES B RODNEY III, 0000 FRANK K SOBCHAK, 0000 MATTHEW F PASVOGEL, 0000 *MICHAEL L RODRIGUEZ, 0000 *FRANCIS A SOCHA, 0000 *ERIC J PATER, 0000 *STEVEN A RODRIGUEZ, 0000 PAUL M SOEHNLEIN, 0000

VerDate Mar 15 2010 03:22 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 9801 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9282 CONGRESSIONAL RECORD — SENATE September 10, 2001

TIMOTHY A SOLIE, 0000 *JOHN C TOOMEY, 0000 MARK R WEST, 0000 THEODORE W SOLONAR, 0000 *VINCENT H TORRES, 0000 *MICHAEL P WHALEN, 0000 JAYMES H SORBEL, 0000 JOSE O TORRESALVARADO, 0000 *RAYMOND A WHATLEY, 0000 KARA L SOULES, 0000 *STACY S TOWNSEND, 0000 *CHARLESTER C WHITE, 0000 JOHN C SOUPENE, 0000 THOMAS V TRACZYK IV, 0000 DOUGLAS E WHITE, 0000 *RICHARD P SPAINHOUR, 0000 *JULIAN S TRAN, 0000 *GREGORY E WHITE, 0000 *WILLIE A SPANN, 0000 *GEORGE J TRAWICK, 0000 LISA D WHITE, 0000 *JAMES D SPEEGLE, 0000 NATHAN C TRIPP, 0000 MICHAEL R WHITE, 0000 *RODERIC SPENCER, 0000 CAROL M TSCHIDA, 0000 *SHARON R WHITE, 0000 WILLIAM J SPENCER, 0000 RONALD L TUCKER JR., 0000 TIMOTHY W WHITE, 0000 *STEPHANIE W SPENGLER, 0000 WESLEY I TUCKER, 0000 ERIC L WHITEHURST, 0000 *RICHARD W SPIEGEL, 0000 JASON J TURNER, 0000 CRAIG A WHITESIDE, 0000 JOHN C STAHL, 0000 *JOHN S TURNER, 0000 *RANDALL D WICKMAN, 0000 JOHN R STARK, 0000 *LANE M TURNER, 0000 *JAMAL E WIGGLESWORTH, 0000 BENNY L STARKS JR., 0000 TONY R TURPIN, 0000 *SCOTT F WILE, 0000 *MARK L STEBBINS, 0000 *RICHARD D TUTTLE, 0000 *JEFFREY J WILEY, 0000 KIRK D STEEGE, 0000 STEPHANIE J TUTTON, 0000 *KENT R WILEY, 0000 *JEFFREY A STEEL, 0000 MATTHEW R TYLER, 0000 AUDIE M WILKINS, 0000 MICHAEL P STELZIG, 0000 *OSCAR R TYLER, 0000 ANTWAN C WILLIAMS, 0000 ALLEN H STEPHAN, 0000 SCOTT A TYLER, 0000 *CHARLIE WILLIAMS, 0000 *BRYAN J STEPHENS, 0000 *RODNEY D TYSON, 0000 *ELLSWORTH WILLIAMS JR., 0000 DARRYL D STEPHENS, 0000 *JAMES W UHLMANN, 0000 KEVIN D WILLIAMS, 0000 MARK F STEPHENSON, 0000 RICHARD P ULLIAN, 0000 *REGINALD G WILLIAMS, 0000 STEWART L STEPHENSON JR., 0000 *MARK S ULRICH, 0000 JOHN K WILLIAMSON III, 0000 *ERIC W STETSON, 0000 ROBERT E UNDERWOOD, 0000 *MICHAEL A STEVENS, 0000 *CRAIG S UNRATH, 0000 CHRISTOPHER R WILLIS, 0000 *PATRICK J STEVENSON, 0000 JAMES A URBEC, 0000 *DAVID M WILLIS, 0000 *ALBERT P STEWART II, 0000 *ROBERT V URQUHART, 0000 DOUGLAS E WILLIS, 0000 *MAURICE H STEWART, 0000 JACK L USREY, 0000 *WILLIAM W WILLIS III, 0000 *SUR E STEWART, 0000 *SHAWN M VAIL, 0000 *WOODROW W WILLIS, 0000 *DOUGLAS F STITT, 0000 DOUGLAS M VALLEJO, 0000 DAVID R WILLS, 0000 *ADRIAN C STOCKER, 0000 *MORRIS S VANDERSLICE, 0000 DANIEL B WILSON, 0000 *TAMMY L STOCKING, 0000 MARTHA S VANDRIEL, 0000 *DAVID WILSON, 0000 BRIAN J STOKES, 0000 MICHAEL J VANDRIEL, 0000 DIONNE M WILSON, 0000 CHRISTOPHER STONE, 0000 *DOUGLAS C VANWEELDEN III, 0000 *JACKIE WILSONTARVER, 0000 *KARL P STORER, 0000 *KEVIN A VANYO, 0000 *JOHN K WILWERDING, 0000 ALAN C STREETER, 0000 *ANTONIO D VEGA, 0000 *FREDERICK M WINTRICH, 0000 *DEREK L STREETER, 0000 *DARRYL L VERRETT, 0000 *PETER J WIRTH, 0000 PAUL K STROH, 0000 *ANTHONY J VEVASIS, 0000 WILLIE R WITHERSPOON, 0000 *GARRICK K STRONG, 0000 *ROBERT M VILLALOBOS, 0000 *GARY A WITTMANN, 0000 SHAWN A STROUD, 0000 BRET A VINCENT, 0000 ANTHONY M WIZNER, 0000 GEORGE J STROUMPOS, 0000 DOUGLAS G VINCENT, 0000 *CARL E WOMACK JR., 0000 *TED R STUART, 0000 MARK A VINEY, 0000 *DAVID M WOOD, 0000 *FLEMING T SULLIVAN, 0000 JOSEPH L VITALE, 0000 *DORSEY R WOODSON, 0000 *GREGORY M SULLIVAN, 0000 *JAMES W VIZZARD, 0000 DAVID J WOOTEN, 0000 MICHAEL P SULLIVAN, 0000 *SHELLEY L VOLKWEIN, 0000 *CHARLES C WORRILL, 0000 *MATTHEW C SULT, 0000 *THOMAS VONESCHENBACH, 0000 *ANDREW P WORTHAM, 0000 LANCE L SUMNER, 0000 *DERIK F VONRECUM, 0000 *BRIAN W WRIGHT, 0000 *DAVID S SUSSMAN, 0000 *JOEL B VOWELL, 0000 *CHONTA R WRIGHT, 0000 *ROBERT J SUTTER, 0000 *WALTER K WADSWORTH JR., 0000 *DAVID N WRIGHT, 0000 DAVID O SUTTON, 0000 CAREY M WAGEN, 0000 *FRANK B WRIGHT, 0000 BRIAN P SWEENEY, 0000 RICHARD A WAGEN, 0000 JOHN A WRIGHT, 0000 STEVEN M SWIERKOWSKI, 0000 PATRICK L WALDEN, 0000 *JOHN D WRIGHT, 0000 STEPHEN P SZEWC, 0000 GREGORY M WALKER, 0000 *MICHAEL T WRIGHT, 0000 *RODNEY Y TAKAHASHI, 0000 *KENNETH D WALKER, 0000 *THOMAS M WRIGHT, 0000 *VALERIE Y TAKESUE, 0000 *TOMMIE L WALKER, 0000 *WEBSTER M WRIGHT III, 0000 *CHRISTOPHER B TALLEY, 0000 *STEVEN T WALL, 0000 JEFFREY T WYATT, 0000 *THOMAS F TALLEY, 0000 *CHRISTOPHER W WALLECK, 0000 *RICHARD D WYATT, 0000 *DARREN M TATE, 0000 WILLIAM B WALLER JR., 0000 TERESA A WYATT, 0000 *KENNETH J TAUKE, 0000 ANDREW R WALTER, 0000 WILLIAM M WYATT, 0000 *CLARK B TAYLOR, 0000 *CHARLES A WALTERS JR., 0000 KEVIN J YATAR, 0000 CURTIS L TAYLOR, 0000 *JOHN P WANAT, 0000 *ANDREW T YERKES, 0000 DAVID T TAYLOR, 0000 *JAMES A WANOVICH, 0000 GAIL E YOSHITANI, 0000 GRADY S TAYLOR, 0000 *HEATHER J WARDEN, 0000 SHAW YOSHITANI, 0000 *WILLIAM D TAYLOR, 0000 RANDOLPH S WARDLE, 0000 *CYNTHIA M YOST, 0000 *MICHAEL A TAYMAN, 0000 *ERIC C WARNER, 0000 MARK Q YOUNG, 0000 MATTHEW T TEDESCO, 0000 *STEVEN H WARREN, 0000 WILLIAM H ZEMP, 0000 RONALD M TEIXEIRA, 0000 *JR B WARRINGTON, 0000 FRANCESCA ZIEMBA, 0000 PAUL D TERRELL, 0000 JOHN A WASKO, 0000 *ERIC D ZIMMERMAN, 0000 *MAXWELL S THIBODEAUX, 0000 TODD R WASMUND, 0000 *ERIC V ZIMMERMAN, 0000 *THOMAS A THLIVERIS, 0000 TOM W WATITI, 0000 *KIM D ZIMMERMAN, 0000 CLEOPHUS THOMAS JR., 0000 CHRISTOPHER J WATRUD, 0000 MATTHEW C ZIMMERMAN, 0000 *IAN M THOMAS, 0000 *BILLY WATTS JR., 0000 TODD M ZOLLINGER, 0000 *MICHAEL W THOMAS, 0000 *ROLF H WATTS, 0000 *X0000 *ANTONIO L THOMPSON, 0000 *MICHAEL E WAWRZYNIAK, 0000 *MICHAEL F THOMPSON, 0000 *ANDREW J WEATHERSTONE, 0000 RICHARD E THOMPSON, 0000 *JOHN A WEAVER, 0000 IN THE MARINE CORPS *THOMAS C THOMPSON, 0000 *JOHN M WEAVER, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT HENRIK H THOMSEN, 0000 KENNETH D WEBB, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- *KATHERINE P THORNTON, 0000 MARTIN J WEBER, 0000 RINE CORPS RESERVE UNDER TITLE 10, U.S.C., SECTION MARVIN M THORNTON JR., 0000 *DYLAN M WEINSTEIN, 0000 12203: *OTHA E THORNTON JR., 0000 RANDALL S WEISNER, 0000 *WILLIAM R THORNTON, 0000 MICHAEL W WELCH, 0000 To be colonel ERIC R TIMMERMAN, 0000 WILLIAM T WELCH, 0000 RICHARD F TIMMONS II, 0000 CHRISTOPHER D WELLS, 0000 CURTIS W. MARSH, 0000 *CRAIG J TIPPINS, 0000 *GERALD S WELLS JR., 0000 *DANIEL L TOBIAS, 0000 *LARS A WENDT, 0000 DEPARTMENT OF JUSTICE *THOMAS A TOLARE, 0000 *KEVIN B WESOLOWSKI, 0000 THOMAS E TOLER, 0000 HOLLY F WEST, 0000 JAY B. STEPHENS, OF VIRGINIA, TO BE ASSOCIATE AT- *STEPHEN G TOOHEY, 0000 *JAMES G WEST, 0000 TORNEY GENERAL, VICE DANIEL MARCUS, RESIGNED.

VerDate Mar 15 2010 03:22 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 9801 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY