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

Vol. 147 WASHINGTON, TUESDAY, OCTOBER 30, 2001 No. 147 House of Representatives The House met at 12:30 p.m. and was first time I heard that term, as a war from the Federal Government, all in called to order by the Speaker pro tem- profiteer. the name of let us take care of Sep- pore (Mr. PETRI). I remember the night of September tember 11 and what is happening with f 11, 2001, when service stations around the economy. my district in Ohio and other States in Now we are seeing some leaders in DESIGNATION OF SPEAKER PRO the Midwest, when gas station owners this Congress, particularly Republican TEMPORE raised their price on that evening to $4, leaders in the Committee on Ways and The SPEAKER pro tempore laid be- $5, $6 a gallon, also something you Means and the Speaker, have said that fore the House the following commu- might call war profiteering. in order to counter terrorism, we need nication from the Speaker: Then I have watched this Congress to pass Fast Track, we need to give respond to the events of September 11; Trade Promotion Authority to the WASHINGTON, DC, President, we need to extend NAFTA October 30, 2001. and while in many cases the Congress I hereby appoint the Honorable THOMAS E. and the President have worked well to- to Latin America. PETRI to act as Speaker pro tempore on this gether, bipartisanly, putting dif- So what we are saying is we are send- day. ferences aside, I have seen that same ing our young men and women in J. DENNIS HASTERT, kind of profiteering, let us call it polit- harm’s way in Afghanistan; then when Speaker of the House of Representatives. ical profiteering, in the way that many they come back to this country look- f people in the majority party have ing for jobs, some of those jobs will have been sent abroad because this MORNING HOUR DEBATES acted in response to September 11. For instance, Congress spent $15 bil- Congress has passed failed trade agree- The SPEAKER pro tempore. Pursu- lion to bail out America’s airlines. ments for those workers laid off. There is not unemployment compensation; ant to the order of the House of Janu- They required no shared sacrifice from there is no help with their health care. ary 3, 2001, the Chair will now recog- the executives, no give-backs from ex- nize Members from lists submitted by When you talk about the events of ecutives in bonuses and salaries. They September 11, Mr. Speaker, most of us the majority and minority leaders for spent not a dollar on airport security morning hour debates. The Chair will talk about shared sacrifice. When this in this $15 billion gift to the airlines, Nation has been troubled in World War alternate recognition between the par- and they gave nothing to the 100,000 I and World War II, there was shared ties, with each party limited to not to workers laid off as a result of Sep- sacrifice. Wealthy people actually paid exceed 30 minutes, and each Member, tember 11. a higher proportion of taxes, working except the majority leader, the minor- Turn the clock up a little bit further people got some breaks on their taxes, ity leader, or the minority whip, lim- and look at what happened last week working people got some benefits. ited to not to exceed 5 minutes. when Congress considered the bill to This is all different this year; and the The Chair recognizes the gentleman stimulate our economy. Instead of tak- response to September 11, we have seen from Ohio (Mr. BROWN) for 5 minutes. ing care of workers through health in- that kind of political profiteering from f surance, instead of taking care of laid the majority party. When Democrats off workers with unemployment com- have worked with the President MISSED OPPORTUNITIES TO RE- pensation, instead of taking care of bipartisanly, we have seen instead bail- SPOND TO TRUE NEEDS OF workers who got no tax break, people outs for the airlines with nothing for AMERICANS making $20,000 to $40,000 a year, instead the airline workers; we have seen tax Mr. BROWN of Ohio. Mr. Speaker, of taking care of them, this Congress cuts for the richest people in our soci- many years ago I was attending church again, in the name of answering the ety, but no health care for laid-off with my father in the early 1960s; and problems of September 11, this Con- workers; no tax breaks for middle-in- he pointed to a gentleman sitting in gress again gave huge tax cuts to the come and working-class workers. And the back of the church whom he had richest people in our society. now this week we are going to see an gone to high school with, and my dad Eighty-nine percent of the tax relief ideological battle where the most con- said during World War II, when my dad in the Republican stimulus package servative members of this body, in op- and most people in the community went to tax breaks for corporations, in- position to bipartisan legislation in the went off to war, my dad told me this cluding a $25 billion gift to the largest Senate, with airline security, we are gentleman stayed home, feigned some companies in the country. IBM got $1 going to see Republicans in the House injury and made a lot of money during billion, General Motors got between continuing to try to push forward a the war. My dad referred to him, the $800 million and $900 million in checks failed airline security bill.

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

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VerDate 13-OCT-2001 02:04 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.000 pfrm01 PsN: H30PT1 H7360 CONGRESSIONAL RECORD — HOUSE October 30, 2001 In fact, I know people who are mak- Dr. Hoffmann indicated years ago, has do they not do that? Because they are ing $6 and $7 an hour that work at air- removed them from people. Their skills mindful of protecting themselves. But port security, and some of them actu- for communication, Mr. Speaker, have they do not care quite so much about ally have left to go work at McDonald’s been adversely affected. the traveling public. They care more because it pays better. Instead, we My mom was an outstanding parent about their political sponsors. should federalize airport workers and and wife, despite having been deprived Let us look at who the political spon- security workers at the airports. They of normal hearing. Rush Limbaugh, sors are here. There are three foreign should be paid a living wage, they hopefully, will not be removed from owned, hear that, foreign owned huge should be paid health insurance, they contact with his vast listening audi- companies that do most of the private should be paid other benefits, and they ence. airport security in the United States; should be trained better so they are Finally, permit me to urge my col- and one of them, Securicor of Europe, there for a long time and they will do leagues in this House and in the other threatened last week to sue the United their job. body as well to be consciously aware of States Government if we usurp their Why should we continue this failed difficulties encountered by those who function at the airports. system of airline security, of airport are visually and hearing impaired. We Let us look at how their subsidiary is security, all in the name of a conserv- who enjoy normal vision and hearing doing in the U.S. Their subsidiary is ative ideology? Mr. Speaker, it is time oftentimes take these luxuries for Argenbright, one of the three largest we believe in shared sacrifice. It is granted. security firms providing airport secu- time we federalize the airport security These are indeed luxuries which we rity to more than 40 major airports in people, that we build a tax system fair should not embrace casually, and those the United States of American, includ- to all people, and that we take care of who do not enjoy these luxuries de- ing Boston’s Logan, Washington’s Dul- workers laid off and victimized by the serve a tip of our hats for the extra ef- les and others. events of September 11. fort they are required to expend to Well, they have got a few problems. f make it through life. Most of the blind They were criminally convicted just a and deaf people I know are upbeat, op- year ago of hiring known felons, main- HONORING THE PHYSICALLY IM- timistic and rarely bitter as a result of taining known felons on staff, fal- PAIRED AND THOSE THAT WORK their infirmities. They are indeed un- sifying documents as to the screening WITH THEM sung heroes and thoroughly deserve and training of the known felons that The SPEAKER pro tempore. Under our admiration and respect, as do the they had hired. At Dulles Airport, 84 the Speaker’s announced policy of Jan- men and women who work with the vis- percent of their workers are foreign na- uary 3, 2001, the gentleman from North ually and hearing impaired to make tional; but, they assure us, most of Carolina (Mr. COBLE) is recognized dur- their lives more complete and more them are legal immigrants. ‘‘Most.’’ ing morning hour debates for 5 min- fulfilled. Most? This is extraordinary, and this utes. f is the system that the gentleman from Mr. COBLE. Mr. Speaker, recently Texas (Mr. ARMEY) and the gentleman ENFORCING AIRLINE SECURITY the distinguished gentleman from from Texas (Mr. DELAY) want to per- Georgia (Mr. KINGSTON) took a Special The SPEAKER pro tempore. Under petuate under pressure from these gen- Order honoring Rush Limbaugh, who is the Speaker’s announced policy of Jan- erous firms. They are generous. Their undergoing a hearing loss. Many people uary 3, 2001, the gentleman from Or- U.S. subsidiaries can contribute to are unaware and/or indifferent to those egon (Mr. DEFAZIO) is recognized dur- campaigns, and they do, generously. who experience physical infirmities, in- ing morning hour debates for 5 min- Now, let us talk about how they are cluding deafness and blindness. When utes. going to resolve the problems. They do celebrities become affected, however, Mr. DEFAZIO. Mr. Speaker, it has admit it is a little bit of a problem that attention is focused on the celebrity, been 7 weeks since the attacks, and the they are hiring and maintaining known as well as the infirmity or disability. House of Representatives has yet to felons on staff; that FAA inspectors are Fanny Crosby, the beloved hymn com- consider one bill relating to aviation able to get hand grenades, fully assem- poser, was visually impaired, as are en- security enhancements. Not one. bled guns and other things through the tertainers Doc Watson and Ray Two weeks ago the Senate passed a security; that many, many other lapses Charles. Helen Keller overcame blind- bill 100 to zero, nothing passes the Sen- have been noted. Most notably, last ness as well as deafness. ate 100 to zero of any substance, 100 to weekend a gentleman was on a South- Many are prone to dismiss deafness zero; yet this House has failed to take west Airlines plane with a fully loaded as a mere inconvenience when com- up that or any other measure, because gun in his briefcase which they had not pared to other infirmities. I have a per- of one item in disagreement: Who noticed. They noticed, when he got up sonal familiarity with the hearing im- should provide the critical screening to altitude and told the pilot. It was paired, Mr. Speaker. My mom has been function for baggage, carry-on bags and nice of him to do that. But the security legally deaf most of her adult life. My individuals passing into the secure screening people from the private firm first cousin at the time of her retire- areas of the airport? Should it be the did not notice the gun. ment served as superintendent of the private sector, as the majority whip Now, so what the majority says is North Carolina School for the Deaf. and the majority leader say, or should well, look, we will make it better. We Several years ago, while motoring in it be a Federal law enforcement-na- will have Federal regulations. Well, North Carolina on a Sunday morning, I tional security function provided by guess what? We have got Federal regu- was listening to the Lutheran Hour on competent, well-paid, professional Fed- lations now. They are ignoring them. the automobile radio. The host, Dr. eral law enforcement personnel, the They are ignoring them to the point Ozzie Hoffmann, was discussing phys- same way we do INS, Customs, and where they are about to be criminally ical infirmities. He said if offered a even agriculture inspection? Those are convicted, in terms of Argenbright, for choice of losing the sense of sight or Federal law enforcement agents. the second time. the sense of hearing, most people would But somehow, when it comes to the opt to retain their vision. The host of security of the public traveling on air- b 1245 the program then presented an inter- planes, no, they get second-class treat- But not removed. But forbid we esting aside. Blindness, he noted, re- ment. They get security on the cheap. would remove them from doing this moves the visually impaired from ob- The majority wants to maintain the function and fail the American trav- jects and things; deafness, he declared, status quo, which is failing them mis- eling public. removes the hearing impaired from erably. They say they will also mandate people. Guess what? That same majority has wages, not usually something the Re- Oftentimes persons who have im- not mandated that we put private secu- publicans want to do. So they say they paired hearing are mistakenly accused rity firms at the doors of the Capitol. If will mandate wages, they will mandate of being unfriendly or aloof, when the they feel so good about this and if they benefits, they will mandate, and the truth of the matter is their deafness, as can provide such a great service, why Federal Government will conduct

VerDate 13-OCT-2001 02:04 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.002 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7361 background checks since the private cause for alarm but of encouragement. b 1400 firms falsify the documents all the The system worked, thanks to the out- AFTER RECESS time, and then the Federal Govern- standing work of the Capitol Hill secu- ment will either directly train or su- rity, the CDC, and the Office of the At- The recess having expired, the House pervise the training by these firms be- tending Physician, who I rise to com- was called to order by the Speaker pro cause they falsify the documents about mend today. We are requesting in all of tempore (Mr. PETRI) at 2 p.m. the training of these people, and the our offices that anyone who visited our f Federal Government will provide su- office from October 12 to October 17 see PRAYER pervisors but it will be a private under- their physician and begin a prophy- Mr. Tony Incashola, Confederated Sa- taking. lactic treatment of antibiotics over the lish and Kootenai Tribes, Pablo, Mon- Now, wait a minute. Did they just de- next 60 days. tana, offered the following prayer: scribe a Rube Goldberg device or what? To the people who did this, whoever God, Creator, I come before You So the Federal Government is going to you are, you have failed again. You today to ask that You look upon the do all of these things, but we are going have failed to reach your target, and Members of the House of Representa- to maintain these private firms, so- you have failed in a much more pro- tives and gift them with Your knowl- called, in place because why? They are found way, because by your actions edge and wisdom. Creator, I pray for doing such a good job? No. Why? Why you have steeled the resolve of every those who have gone before us, our an- are we going to maintain them in member of this national government cestors and forefathers, who with their place? This system that they are de- whose duty it is to bring you to justice mighty words, deeds and sacrifices scribing is so much less efficient than or to seal your fate. made this the great Nation it is. I espe- an all-Federal system like we do with Finally, Mr. Speaker, a word on be- cially ask You, Creator, to wrap Your Customs, INS, agriculture inspection, half of the gentleman from Illinois (Mr. loving arms around those whose lives and like we do here at the United HASTERT), the Speaker of the House, have been forever altered by the tragic States Capitol to provide our screening and the gentleman from Missouri (Mr. events of September 11. We truly are security. Why do they want to give GEPHARDT), the minority leader, whose one Nation under God, and seek Your Americans security on the cheap? decision to close the House offices and guidance in all decisions, small and Change this system. Change it this commence this environmental sweep large, that affect the diverse peoples of week. Agree to what the Senate did 100 was so deeply maligned by many in the America. to zero. national media and even by some of We have reached a point in our his- f our own colleagues in the U.S. Senate. tory, Creator, where Your guidance and On behalf of my wife, my children, Mi- wisdom are of great importance. I ask AMERICANS SHOULD BE chael, Charlotte and Audrey, the nine Members of the House of Representa- ENCOURAGED full-time staffers in my office, from my tives to look to You for the path to fol- The SPEAKER pro tempore (Mr. heart to the bipartisan leadership I say low so that justice and righteousness PETRI). Under the Speaker’s announced thank you. Thank you for putting my will be served. I implore You to listen policy of January 3, 2001, the gen- family and my staff’s well-being ahead to the prayers and needs of these men tleman from Indiana (Mr. PENCE) is of any concern about public relations and women who have been chosen to recognized during morning hour de- or image. lead this Nation. Give them the bates for 5 minutes. Indeed, Mr. Speaker, these times strength to make decisions, popular or Mr. PENCE. Mr. Speaker, as my col- have fallen on broad shoulders, men not, to lead the United States of Amer- leagues are aware, trace elements of and women willing and able to make ica into the 21st century. Now is the the anthrax bacillus were discovered in the tough choices and stand by them. time for people of all races, colors, ori- my office in the Longworth Office So I say to the troops in the field, our gins, and religions to come together to Building, along with the offices of two investigators at home, the postal work- stand and show our strength as one. We of my distinguished colleagues, the ers who find themselves on the front- must remember, as we move forward, gentleman from Maine (Mr. BALDACCI) line of this domestic terrorism, and to that united we stand, one Nation, and the gentleman from New Jersey the public at large, be encouraged. God under God, indivisible, with liberty and (Mr. HOLT). Mr. Speaker, all of us have has indeed put strong men and women justice for all. been busy, to say the least, since we re- in leadership of this national govern- I ask this in Your name, God, Cre- ceived the call from leadership and se- ment for such a time as this. As it is ator, and thank You for the many curity on Friday night, not only meet- written, fear is usless. What is needed blessings You have already bestowed ing with health officials, but security is trust. upon us. Thank you. Amen. officials, and contacting constituents Mr. Speaker, over this last weekend f who came into contact with our office. my family again learned that our na- THE JOURNAL It has been a busy time. tional leadership and the leadership in The SPEAKER pro tempore. The But I rise today, Mr. Speaker, to an- both parties in this Congress is worthy Chair has examined the Journal of the nounce proudly that another attack on of our trust in these difficult days, and last day’s proceedings and announces our national government has failed. As I am grateful. a Christian believer, I begin my re- to the House his approval thereof. marks today by giving thanks to God, f Pursuant to clause 1, rule I, the Jour- nal stands approved. who I believe protected my family and ANNOUNCEMENT BY THE SPEAKER my staff from this unseen menace. In PRO TEMPORE f our family, we often say that the safest PLEDGE OF ALLEGIANCE place in the world is to be in the center The SPEAKER pro tempore. Mem- of God’s will, and we believe that we bers are reminded to address remarks The SPEAKER pro tempore. Will the had his protection. As the Bible says, in debate to the Chair and not to oth- gentleman from Texas (Mr. GREEN) ‘‘It is good for me to be near God, I ers who may be following the pro- come forward and lead the House in the have made the sovereign Lord my ref- ceedings. Pledge of Allegiance. Mr. GREEN of Texas led the Pledge uge, I will tell of all your deeds,’’ and f of Allegiance as follows: thus I do so humbly today. To the people we serve in Indiana, RECESS I pledge allegiance to the Flag of the United States of America, and to the Repub- our message today is simple. They The SPEAKER pro tempore. Pursu- lic for which it stands, one nation under God, should be confident. My family and my ant to clause 12 of rule I, the Chair de- indivisible, with liberty and justice for all. staff are well and show no signs of in- clares the House in recess until 2 p.m. f fection. We have all been treated, as today. has virtually every individual that Accordingly (at 12 o’clock and 51 TRIBUTE TO GUEST CHAPLAIN came into contact with our office. This minutes p.m.), the House stood in re- (Mr. REHBERG asked and was given incident should not, Mr. Speaker, be cess until 2 p.m. permission to address the House for 1

VerDate 13-OCT-2001 02:04 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.005 pfrm01 PsN: H30PT1 H7362 CONGRESSIONAL RECORD — HOUSE October 30, 2001 minute and to revise and extend his re- minute and to revise and extend his re- ordered, or on which the vote is ob- marks.) marks.) jected to under clause 6 of rule XX. Mr. REHBERG. Mr. Speaker, it is my Mr. NADLER. Mr. Speaker, this Any record votes on postponed ques- pleasure to introduce the guest chap- country is united in supporting the de- tions will be taken after debate has lain, Tony Incashola, Director of the termination of President Bush to fight concluded on all motions to suspend Salish-Pend d’Orielle Culture Com- the terrorists across the world, to fight the rules, but not before 6 p.m. today. mittee, of the Flathead Indian Reserva- all those terrorist groups, as he said, f tion. with global reach. Apparently, how- EXTENDING ELIGIBILITY FOR REF- The Flathead Indian Reservation is ever, the State Department has not UGEE STATUS OF UNMARRIED home to the Confederated Salish and gotten the message. SONS AND DAUGHTERS OF CER- Kootenai Tribe, consisting of the Sa- What are we to make of the fact that TAIN VIETNAMESE REFUGEES lish, Pend d’Orielle, and Kootenai peo- the State Department incessantly ples. criticizes Israel for attacking terrorists Mr. SENSENBRENNER. Mr. Speak- Today, Tony is a highly respected who have attacked civilians in Israel in er, I move to suspend the rules and tribal and community leader. For over exactly the way the United States is pass the bill (H.R. 1840) to extend eligi- 25 years, Tony, a fluent Salish lan- trying to apprehend and kill Osama bin bility for refugee status of unmarried guage speaker, has served on the Cul- Laden and his followers; and the State sons and daughters of certain Viet- ture Committee. Department spokesman says, ah, it is namese refugees, as amended. As young men, both Tony and his different, because there is an agree- The Clerk read as follows: brother, Baptiste, left home to serve ment with Israel to negotiate with the H.R. 1840 their country in Vietnam. Tony accom- Palestinians. When the Palestinians Be it enacted by the Senate and House of Rep- panied his brother’s body home after he engage in terror and break their agree- resentatives of the United States of America in was killed in action. ment not to use violence, apparently Congress assembled, Tony and his wife, Denise, have four our position is that Israel should re- SECTION 1. ELIGIBILITY FOR REFUGEE STATUS. children and have raised several foster main defenseless and do nothing to (a) ELIGIBILITY FOR IN-COUNTRY REFUGEE children. reply; either do nothing or face the PROCESSING IN VIETNAM.—For purposes of eligi- Finally, Mr. Speaker, I thank the condemnation of our State Depart- bility for in-country refugee processing for na- tionals of Vietnam during fiscal years 2002 and Tribal Chairman Fred Matt for re- ment. 2003, an alien described in subsection (b) shall questing that Tony be today’s guest The State Department should get on be considered to be a refugee of special humani- chaplain. message with the President and the tarian concern to the United States (within the f rest of the United States that is op- meaning of section 207 of the Immigration and posed to terror and thinks that people Nationality Act (8 U.S.C. 1157)) and shall be ad- TRIBUTE TO FORMER MEMBER who are attacked by terrorists have mitted to the United States for resettlement if GERALD SOLOMON the right to self-defense. the alien would be admissible as an immigrant under the Immigration and Nationality Act (ex- (Mr. DREIER asked and was given f permission to address the House for 1 cept as provided in section 207(c)(3) of that Act). (b) ALIENS COVERED.—An alien described in minute and to revise and extend his re- MEDAL OF VALOR FOR AMERICA’S HEROES ACT this subsection is an alien who— marks.) (1) is the son or daughter of a qualified na- Mr. DREIER. Mr. Speaker, I think (Mr. GIBBONS asked and was given tional; most of my colleagues now are aware permission to address the House for 1 (2) is 21 years of age or older; and of the very sad news of the passing of minute and to revise and extend his re- (3) was unmarried as of the date of accept- our former colleague, Gerald Solomon, marks.) ance of the alien’s parent for resettlement under last Friday. Mr. GIBBONS. Mr. Speaker, today, the Orderly Departure Program or through the Jerry Solomon was a wonderful indi- we will consider House Concurrent Res- United States Consulate General in Ho Chi Minh City. vidual. He was a beloved figure both in olution 243, the Medal of Valor for (c) QUALIFIED NATIONAL.—The term ‘‘quali- this House and in his district in New America’s Heroes Act. fied national’’ in subsection (b)(1) means a na- York and across the country. He was Our Nation continues to mourn the tional of Vietnam who— an inspiration to so many of us. I had many, many innocent citizens that (1)(A) was formerly interned in a re-education the privilege of succeeding him as were lost in the tragic events of Sep- camp in Vietnam by the Government of the So- chairman of the House Committee on tember 11 and terrorist events since cialist Republic of Vietnam; or Rules, and he provided me with a lot of then. However, our Nation also cele- (B) is the widow or widower of an individual described in subparagraph (A); direction, a lot of encouragement, and brates the courage and dedication of (2)(A) qualified for refugee processing under he often gave me lots of orders, too, the firefighters, police officers and the Orderly Departure Program re-education some of which I followed. medical personnel who worked around subprogram; and He was an individual who was so the clock to find survivors amidst the (B) is or was accepted under the Orderly De- proud of the United States of America. rubble in New York and Washington. parture Program or through the United States Today, people are regularly wearing These brave men and women were first Consulate General in Ho Chi Minh City— American flags on their lapel. Jerry on the scene and risked their lives to (i) for resettlement as a refugee; or Solomon, when I first met him in 1978, (ii) for admission to the United States as an help their fellow Americans, and many immediate relative immigrant; and wore a flag on his lapel and always did of these brave souls made the ultimate (3)(A) is presently maintaining a residence in because he was a dedicated Marine. He sacrifice. the United States or whose surviving spouse is was an individual who obviously loved Mr. Speaker, it is only proper that presently maintaining such a residence; or his family, and he loved this institu- the United States recognize these he- (B) was approved for refugee resettlement or tion and the United States of America. roes and award them the Medal of immigrant visa processing and is awaiting de- Mr. Speaker, I would simply like to, Valor for their service. I encourage all parture formalities from Vietnam or whose sur- on behalf of all of our colleagues, ex- my colleagues to support this resolu- viving spouse is awaiting such departure for- malities. tend condolences to his wonderful wife, tion and for America never to forget Freda, and the Solomon family, and to our fallen heroes. The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from say that we truly miss a very, very f dear friend, and we are all proud of the Wisconsin (Mr. SENSENBRENNER) and ANNOUNCEMENT BY THE SPEAKER wonderful service that he provided to the gentleman from New York (Mr. PRO TEMPORE the United States of America. NADLER) each will control 20 minutes. The Chair recognizes the gentleman f The SPEAKER pro tempore. Pursu- ant to clause 8 of rule XX, the Chair from Wisconsin (Mr. SENSENBRENNER) STATE DEPARTMENT SHOULD GET announces that he will postpone fur- GENERAL LEAVE ON MESSAGE WITH WHITE HOUSE ther proceedings today on each motion Mr. SENSENBRENNER. Mr. Speak- (Mr. NADLER asked and was given to suspend the rules on which a re- er, I ask unanimous consent that all permission to address the House for 1 corded vote or the yeas and nays are Members may have 5 legislative days

VerDate 13-OCT-2001 02:04 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.008 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7363 within which to revise and extend their ment to individuals whose parent’s amendment, which changes the INS in- remarks and to include extraneous ma- case was processed prior to April 1, terpretation of the law, so that refu- terial on H.R. 1840, the bill under con- 1995. Accordingly, the act removes the gees who are survivors of reeducation sideration. date of April 1, 1995, imposed by the camps can once again be accompanied The SPEAKER pro tempore. Is there McCain amendment. by their unmarried young sons and objection to the request of the gen- In addition to failure to prove co- daughters. tleman from Wisconsin? residency, the INS has denied some Due to drafting mistake, the provi- There was no objection. cases because the applicants were un- sion excluded sons and daughters who Mr. SENSENBRENNER. Mr. Speak- able to prove their family relationship were mistakenly rejected before April er, I yield myself such time as I may to a principal applicant. Due to new 1, 1995. This bill will fix this problem consume. identification methods, such as DNA, once and for all, simply by enacting Mr. Speaker, H.R. 1840 extends eligi- H.R. 1840 permits the INS to reconsider the very same rules for pre-April 1995 bility for refugee status of unmarried cases that were previously denied for cases that already apply by law to sons and daughters of certain Viet- failure of proof rather than just those cases after April 1, 1995. It is simple namese refugees. It stems from the Or- cases that were denied based on the legislation, and it cures an injustice. It derly Departure Program which was es- issue of cohabitation with the principal harms nobody, and I urge my col- tablished in 1979 to give eligible na- alien. leagues to support this legislation. tionals of Vietnam an alternative Finally, some sons and daughters Mr. Speaker, I reserve the balance of method of emigrating to a foreign have been denied derivative refugee my time. country, rather than undertake illegal status because their principal appli- Mr. SENSENBRENNER. Mr. Speak- hazardous departures by boat or land. cant parent has died, although the sur- er, I yield 4 minutes to the gentleman In 1989, the INS began adjudicating viving parent resides in the United from Virginia (Mr. TOM DAVIS). applications for refugee status in Viet- States or is awaiting departure for- (Mr. TOM DAVIS of Virginia asked nam for certain Vietnamese nationals malities from Vietnam. Accordingly, and was given permission to revise and who had been in reeducation camps for H.R. 1840 expands eligibility to include extend his remarks.) at least 3 years and widows of Viet- these adult unmarried sons and daugh- Mr. TOM DAVIS of Virginia. Mr. namese nationals who died as a result ters. Speaker, I thank the chairman for his of confinement in the reeducation The bill has the support of its author, courtesy and consideration in bringing camps. The INS included unmarried the State Department, the Justice De- this bill to the floor. sons and daughters 21 years and older partment, the INS, and it passed the Mr. Speaker, I rise to express my based on case eligibility guidelines set Committee on the Judiciary unani- strong support for H.R. 1840, a bill up by the State Department 10 years mously. I urge my colleagues to sup- which will extend eligibility for ref- earlier. However, this contradicted im- port this bill. ugee status of unmarried sons and migration regulations. INS had been Mr. Speaker, I reserves the balance of daughters of certain Vietnamese refu- treating those unmarried sons and my time. gees. daughters as derivative refugees, but Mr. NADLER. Mr. Speaker, I yield The Communist government of Viet- the Immigration regulations defined myself such time as I may consume. nam, by its actions in imprisoning derivative refugees as spouses and un- Mr. Speaker, I rise in support of this Catholic priests, Buddhist monks, and married children under 21 years of age. bill. It is a reasonable bill that is based ordinary citizens whose only crime is In April of 1995, the INS, with concur- on a bipartisan agreement between to speak out for freedom and democ- rence of the State Department, stopped members of the Committee on Inter- racy is saying loudly and clearly and accepting sons and daughters 21 years national Relations and the Committee consistently to the United States, we of age or older. In response to this on the Judiciary. The bill passed the want American investment dollars and modification, the McCain amendment Committee on the Judiciary by a voice we are willing to learn from the Amer- was enacted to reestablish refugee eli- vote. ican economic system, but American gibility to unmarried adult sons and Prior to April 1, 1995, refugees accept- values of religious and political free- daughters of the qualifying Vietnamese ed for resettlement into the United dom are not welcomed. nationals. The legislation was retro- States were allowed to bring their sons We need to do more to respond to active to April 1, 1995, the date on and daughters, even those above the this message of oppression with our which the modification had taken ef- age of 21, so long as they had never own message of freedom. Human rights fect. It was extended in 1998. married and were members of the ref- needs to be central to our foreign pol- The INS has denied derivative ref- ugee parent’s household. On April 1, icy toward Vietnam. One small step is ugee status to those unmarried sons 1995, the INS changed its interpreta- to save as many as possible of the peo- and daughters who failed to prove their tion of the then existing law to exclude ple who are still being persecuted by family relationship with the principal children who were over 21, even if they the Communist authorities because of applicant. The INS mistakenly denied were unmarried and living with their their wartime associations with the some for no proof of family relation- parents. United States, or simply because they ship when the applicant could not show share our values. he or she continuously resided with the b 1415 Mr. Speaker, until 1995, those refu- parent. After determining that it was Mr. Speaker, in the case of South Vi- gees who were eligible to resettle in incorrectly denying some derivatives etnamese combat veterans and others the United States under the HO compo- based on co-residency, the INS identi- who had suffered long terms in reedu- nent of the Orderly Departure Pro- fied the entire caseload of improperly cation camps because of their wartime gram, which is limited to persons who adjudicated derivative family member associations with the United States, served 3 or more years in reeducation cases. The agency had until September this imposed a particularly harsh bur- camps after the Communist takeover 30, 2001 to correct the cases adjudicated den on the refugees and their children. of Vietnam in 1975, were allowed to on or after April 1, 1995, where the These children had already been with- bring their children with them. This original denial was based solely on the out their fathers throughout the time policy included unmarried children issue of co-residency with the principal they were in reeducation camps, in who had reached the age of 21 during applicant. some cases for 10 or 15 years. the period of the refugee’s incarcer- The INS needs additional time to ad- The new rule was particularly harsh ation or during the long wait to receive judicate pending cases under the on young women. In Vietnamese soci- an exit visa from the Communist au- McCain amendment. As such, H.R. 1840 ety, a 21- or 22-year-old unmarried thorities. extends the time to adjudicate these woman either lives with her parents or I introduced this resolution several cases by 2 years. The intent of H.R. 1840 she is regarded as vulnerable and un- months ago to address a specific immi- is to extend the same eligibility cri- protected. gration concern. Until April 1, 1995, teria applied to cases currently being Recognizing these realities, Congress former Vietnamese prisoners of war processed under the McCain amend- has three times adopted the McCain who were accepted for resettlement by

VerDate 13-OCT-2001 02:04 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.010 pfrm01 PsN: H30PT1 H7364 CONGRESSIONAL RECORD — HOUSE October 30, 2001 the United States as refugees could tleman from Wisconsin (Mr. SENSEN- to help the families of the brave men bring their sons and daughters, even BRENNER) for their leadership, and and women who endured great suf- those above the age of 21, so long as their respective staffs. I urge my col- fering for their service to the cause of they had never married and were mem- leagues to give this legislation their democracy and their support of the bers of the refugee parent’s household. support. American military and civilian per- On April 1, 1995, INS changed its inter- Mr. NADLER. Mr. Speaker, I yield 1 sonnel during the Vietnam War. pretation of the then-existing law to minute to the gentleman from Virginia Mr. Speaker, I ask Members to vote exclude children who were over 21, even (Mr. MORAN). for H.R. 1840. if they were unmarried and living with Mr. MORAN of Virginia. Mr. Speak- their parents. This abrupt decision re- er, I thank the gentleman from New Ms. JACKSON-LEE of Texas. Mr. Speaker, versed our humanitarian pro-family York (Mr. NADLER) and the gentleman I rise in support of H.R. 1840, which seeks to policy. This change in policy forced a from Wisconsin (Mr. SENSENBRENNER), correct a technical flaw in the immigration and brutal choice on ex-political prisoners: and I particularly want to thank the naturalization processes pertaining to refugees either decline the opportunity to find gentleman from Virginia (Mr. TOM of Vietnam and their adult children. freedom in the United States, or aban- DAVIS) for introducing this legislation. In 1989 the INS granted refugee status to don their children in a country that This would appear to be a minor, Vietnamese citizens imprisoned in Vietnamese has persecuted them. technical correction; but it makes a forced reeducation camps. Approximately 200 In 1996 Congress adopted the McCain major change in the lives of a great adult children of those detained in camps were amendment to make clear that unmar- many American families. I use the mistakenly denied admission into the United ried adult sons and daughters of reedu- term ‘‘American families’’ delib- States due to a 1995 change in INS regula- cation camp internees are refugees of erately. I challenge Members to find tions. These regulations have since been special humanitarian concern under any group of immigrants any more changed to correct this error. U.S. law. Unfortunately, difficulties in committed to the United States and its Current law stated that INS was to review interpretation and implementation of values than Vietnamese refugees. The all such applications by September 30, 2001. this provision have left hundreds of ref- Vietnamese American families are ex- This deadline has been outfaced by events, ugee families still separated. tremely patriotic. They put many of us and H.R. 1840 fixes this problem by extending For South Vietnamese combat vet- to shame. the reapplication deadline to September 2003. erans and others who had suffered long The fact is that their sons and daugh- I support this legislation because it seeks to terms in reeducation camps because of ters are being stigmatized, penalized remedy an injustice, and because the remedy their wartime associations with us, because of their family ties. The limi- it provides is comprehensive and narrowly this imposed a particularly harsh bur- tations, both social and economic that constructed. den on both them and their children. are placed on them, are unfair. The These children had already been with- right thing to do is to let them be re- H.R. 1840 allows for petitions denied both out their fathers when they were in re- united with their families. This is a before and after April 1995 to be reexamined education camps, in some cases for 10 good bill. I am glad it is going to pass for erroneous denials. Also, this bill will allow or 15 years. Then the refugees were unanimously. adult unmarried children with only one sur- given a choice between living forever Mr. SENSENBRENNER. Mr. Speak- viving parent with U.S. residency claims to under a Communist dictatorship or er, I yield 2 minutes to the gentleman apply as well. This is a further example of how leaving their children behind when from North Carolina (Mr. BALLENGER). successful our immigration policies can be at they immigrated to the United States. (Mr. BALLENGER asked and was promoting societal stability. This legislation These children are marked as members given permission to revise and extend recognizes and rewards family bonds. It does of a counterrevolutionary family and his remarks.) so in a way that recognizes the temporal im- denied educational and employment Mr. BALLENGER. Mr. Speaker, I portance of remedying this problem for the opportunities by the Government of thank the gentleman from Wisconsin health and well being of those Vietnamese ref- Vietnam. They would certainly go on (Mr. SENSENBRENNER) for yielding me ugees involved. suffering in Vietnam because of their this time. Mr. Speaker, many communities, including families’ participation in the war. Mr. Speaker, upon assuming control Additionally, the new INS rule was my own district in Houston, Texas enjoy thriv- of the entire nation of Vietnam, the ing Vietnamese populations as a result of im- particularly harsh to young women. In Communist Government imprisoned Vietnamese society, a 21- or 22-year-old migration. H.R. 1840 promotes greater stability many of its citizens in reeducation girl either lives with her parents or is in those communities, as adults who are grow- camps where they endured brutal con- regarded as vulnerable and unpro- ing older will be allowed to do so with in- ditions. Many died due to abuse and tected. creased peace of mind that their loved ones Recognizing these realities, Congress deprivation. Most of those placed in might be able to help them grow old with love on three occasions adopted the McCain these camps were sent there because of and dignity. These benefits surely redound to amendment which changed the INS in- their service to the governments of larger society as well by promoting stable fam- terpretation of the law so that refugees South Vietnam and the United States ilies and safer communities. I therefore urge who are survivors of reeducation camps during the Vietnam War. members to support this legislation. can once again be accompanied by In 1979, the Orderly Departure Pro- gram was created to provide a way for Mr. SENSENBRENNER. Mr. Speak- their unmarried sons and daughters. er, I have no further requests for time, The latest extension expired on Sep- the immediate relatives of those who spent 3 years or more in those camps, and I yield back the balance of my tember 30. My bill will extend the time. McCain amendment for 2 years and fix and the widows of those who died in a drafting problem in the language. the camps to immigrate to the United Mr. NADLER. Mr. Speaker, I have no This bill will allow over-21 unmarried States. I know a number of these peo- further requests for time, and I yield sons and daughters and widows of ple who now reside in my congressional back the balance of my time. qualified reeducation detainees to be district and work in a business that I The SPEAKER pro tempore (Mr. considered for resettlement as refugees founded. They are productive and pa- PETRI). The question is on the motion to the United States, regardless of the triotic citizens. offered by the gentleman from Wis- date of acceptance. However, when the deadline to reg- consin (Mr. SENSENBRENNER) that the H.R. 1840 is a fair and equitable bill ister for the program expired, many House suspend the rules and pass the that will provide family reunification qualified beneficiaries were left behind. bill, H.R. 1840, as amended. and allow us to keep our promise to the The bill of the gentleman from Vir- The question was taken; and (two- people who fought alongside U.S. ginia (Mr. TOM DAVIS), H.R. 1840, will troops during the Vietnam War. Their offer these individuals an opportunity thirds having voted in favor thereof) courage and valor must never be for- to be considered for admission under the rules were suspended and the bill, gotten. the Ordinary Departure Program as amended, was passed. Mr. Speaker, I thank the gentleman through the fiscal year 2003. I support A motion to reconsider was laid on from Texas (Mr. ARMEY) and the gen- the bill. It is a fair and honorable way the table.

VerDate 13-OCT-2001 02:04 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.013 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7365 PRESENTATION OF PUBLIC SAFE- those public safety officers who have earned United States Congress to a public TY OFFICER MEDAL OF VALOR special recognition for outstanding valor safety officer who has displayed ex- IN RESPONSE TO TERRORIST AT- above and beyond the call of duty as traordinary valor above and beyond the TACKS OF SEPTEMBER 11, 2001 named— call of duty. The Public Safety Officer (A) in consultation with the Mayor of the Mr. SENSENBRENNER. Mr. Speak- City of New York and Governor of the State Medal Of Valor is the highest national er, I move to suspend the rules and of New York for the attacks on New York— award for valor that can be given to a agree to the concurrent resolution (H. (i) Commissioner of the New York City Po- firefighter, law enforcement officer, or Con. Res. 243) expressing the sense of lice Department; emergency services officer. Under this new law, the Attorney the Congress that the Public Safety Of- (ii) Commissioner of the New York City Fire Department; and General of the United States is charged ficer Medal of Valor should be pre- (iii) Executive Director of the Port Author- with selecting the recipients of the sented to the public safety officers who ity of New York and New Jersey; medal and is limited to selecting not have perished and select other public (B) in consultation with the Chair of the more than five recipients in a given safety officers who deserve special rec- Washington Metropolitan Council of Govern- year. However, in extraordinary cir- ments, including the sitting Chairs of the ognition for outstanding valor above cumstances, the Attorney General may and beyond the call of duty in the Police and Fire Chief Committees; and the Fort Myer Federal Fire Chief, and the Gov- increase the number of medals to be aftermath of the terrorist attacks in awarded in a particular year. Mr. the United States on September 11, ernor of the Commonwealth of Virginia for the attack at the Pentagon— Speaker, no one can argue that the 2001. (i) Fire Chief of Arlington County, Vir- events that occurred on September 11, The Clerk read as follows: ginia; and and the acts of bravery and valor that H. CON. RES. 243 (ii) Police Chief of Arlington County, Vir- followed, were anything but extraor- Whereas on September 11, 2001, terrorists ginia; and dinary circumstances. House Con. Res. hijacked and destroyed 4 civilian aircraft, (C) in consultation with the Governor of 243 expresses the sense of Congress that crashing 2 of them into the towers of the the Commonwealth of Pennsylvania for the plane crash in Pennsylvania— the Public Safety Officer Medal of World Trade Center in New York City, a Valor should be presented to all the third into the Pentagon, and a fourth in (i) Commandant of the Pennsylvania State rural southwest Pennsylvania; Police; and public safety officers who were killed Whereas thousands of innocent Americans (ii) Adjutant General of the Pennsylvania in the terrorist attacks on September and many foreign nationals were killed and National Guard, 11, 2001. injured as a result of these surprise terrorist or any of their designees, for their heroic ac- Further, the concurrent resolution attacks, including the passengers and crews tions on September 11, 2001, and thereafter states that the Medal of Valor should of the 4 aircraft, workers in the World Trade during the rescue and recovery missions. be presented to those officers who have Center and the Pentagon, firefighters, law The SPEAKER pro tempore. Pursu- earned special recognition for out- enforcement officers, emergency assistance ant to the rule, the gentleman from standing valor for their actions in the personnel, and bystanders; Wisconsin (Mr. SENSENBRENNER) and hours, days, and weeks following the Whereas hundreds of public safety officers terrorist attacks. were killed and injured as a result of these the gentleman from New York (Mr. terrorist attacks because they immediately NADLER) each will control 20 minutes. These officers will be selected in con- rushed to the aid of innocent civilians who The Chair recognizes the gentleman sultation with the Governor of New were imperiled when the terrorists first from Wisconsin (Mr. SENSENBRENNER). York, the Mayor of the City of New launched their attacks, many of whom would GENERAL LEAVE York, the Governor of Virginia, and perish when the twin towers of the World Mr. SENSENBRENNER. Mr. Speak- the Governor of Pennsylvania, and Trade Center collapsed upon them; er, I ask unanimous consent that all other officials who have firsthand Whereas thousands more public safety offi- knowledge of the heroic efforts made cers are risking their own lives and long- Members may have 5 legislative days within which to revise and extend their by these men and women. term health in sifting through the aftermath On October 11, 2001, a day of violence, and rubble of these terrorist attacks to re- remarks and include extraneous mate- horror and great sadness, America’s cover the dead; rial on H. Con. Res. 243. Whereas the Public Safety Officer Medal of The SPEAKER pro tempore. Is there public safety officers gave their lives Valor Act of 2001 (Public Law 107–12; 115 objection to the request of the gen- trying to save others. They also per- Stat. 20) authorizes the President to award tleman from Wisconsin? formed their duties heroically in the and present, in the name of Congress, a There was no objection. face of adversity and tragedy. Medal of Valor to public safety officers for Mr. Speaker, I urge my colleagues to Mr. SENSENBRENNER. Mr. Speak- extraordinary valor above and beyond the support this concurrent resolution and er, I yield myself such time as I may call of duty; to provide the many heroes around the consume. Whereas the Attorney General of the country with appropriate recognition United States has discretion to increase the Mr. Speaker, of the thousands of peo- number of recipients of the Medal of Valor ple killed on September 11, over 400 by urging the Attorney General to under that Act beyond that recommended by were public safety officers. These brave present them with the highest national the Medal of Valor Review Board in extraor- men and women dedicated their lives public safety officer award for valor. Mr. Speaker, I reserve the balance of dinary cases in any given year; to the protection of life and property, Whereas the terrorist attacks in the my time. United States of September 11, 2001, and and in so doing made the ultimate sac- Mr. NADLER. Mr. Speaker, I yield their aftermath constitute the single most rifice. Since that day, thousands of myself such time as I may consume. deadly assault on our American homeland in their fellow officers from around the Mr. Speaker, I rise in strong support our Nation’s history; and country responded to the attacks and of this resolution, expressing the sense Whereas those public safety officers who have worked tirelessly at the World of the Congress that the Public Safety have perished and those who lead the efforts Trade Center, the Pentagon, and west- to rescue innocent civilians from the ter- Officer Medal of Valor should be pre- ern Pennsylvania, and, indeed, all sented to the public safety officers who rorist attacks, are the first casualties and around America and the rest of the veterans of America’s new war against ter- have perished and select other public rorism, which was authorized by the author- world. safety officers who deserve special rec- ization for use of military force enacted Sep- I believe it fitting and proper that ognition for outstanding valor above tember 14, 2001: Now, therefore, be it our Nation honor not only those public and beyond the call of duty in the Resolved by the House of Representatives (the safety officers who gave their lives, but aftermath of the terrorist attacks in Senate concurring), That it is the sense of also the officers who have dem- the United States on September 11, Congress that— onstrated the highest forms of heroism 2001. (1) the President should award and present, and valor in the wake of these tragic in the name of Congress, a Public Safety Of- events. b 1430 ficer Medal of Valor to those public safety Mr. Speaker, the Public Safety Offi- The ruthless attacks on the United officers who were killed in the terrorist at- tacks in the United States on September 11, cer Medal of Valor Act of 2001 was States by an organized band of terror- 2001; and signed into law on May 30. This act es- ists stands in stark contrast to tremen- (2) the President should award and present tablished a national medal to be given dously heroic efforts of our public safe- a Public Safety Officer Medal of Valor to by the President in the name of the ty officers who gave their lives so that

VerDate 13-OCT-2001 03:20 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.015 pfrm01 PsN: H30PT1 H7366 CONGRESSIONAL RECORD — HOUSE October 30, 2001 others may live. Our firefighters, po- (Mr. CROWLEY asked and was given the remains of the World Trade Center lice, and emergency rescue personnel permission to revise and extend his re- as the metal for this award, the metal- rushed to the scene and rescued thou- marks.) lic structure that is now a debris on sands of people in what was probably Mr. CROWLEY. Mr. Speaker, I thank Staten Island, an award that is an offi- the greatest rescue operation in his- my friend and colleague from New cial recognition of the heroic works of tory. Many lives were lost, but many, York for yielding me this time. the people who do not view their work many more were saved, thanks to the I introduced this legislation, the as heroic. It is a way to say thank you courage of those we seek to honor here Medal of Valor for America’s Heroes to those who do not believe they de- today with this resolution. Their ac- Act, with the gentleman from New serve thanks for doing their job, and it tions are not simply commendable, York (Mr. FOSSELLA) and the gen- is a way for us to recognize the heroic they should serve as the definition of tleman from New York (Mr. ENGEL) actions, not only for those who died bravery. These men and women ran and well over 250 other Members of but those who still work on protecting into not just a burning building, but Congress as a way to thank those brave all of us each day. It is a way that two of the tallest buildings in the men and women and dedicated public someone like myself, who was affected world that had just been hit by jet air- safety officers who risked their lives by the tragedy on so many levels, can planes full of jet fuel. The flames were and, in far too many cases, lost their say thank you to my cousin John so hot they actually melted steel. lives to protect countless thousands of Moran, who did what he considered was Tragically, many victims chose certain others, whether it be on September 11 his job and what I consider an act of death by jumping from the towers to or any of the other 364 days of the year. bravery. escape the blazing heat. Yet into this This bill will provide a Medal of Valor For far too long, many of us have heat our firefighters charged. We have award, the highest national award for taken our fire, police and emergency heard stories of firefighters who valor for a public safety officer, to the medical personnel for granted. This bill climbed 60, 70, even 80 stories to rescue public safety officers who perished in acts as a public thank you, both to victims. As survivors came down the the attacks of September 11 of this those that perished and those that still stairs, they told the stories of fire- year, as well as allow other officers work on to protect our civil society. fighters last seen headed up the stairs. who served above and beyond the call But let us not all support this resolu- Countless people have come forward to of duty to also receive recognition. tion and think we have done all we acknowledge that firefighters and po- By honoring those who died, we also need to do for our public safety offi- lice officers saved their lives on Sep- honor those who live on and embody cers. We need to not only salute them tember 11. Tragically, many of them the spirit of those who paid the ulti- and respect them every day, but we were on the scene when the towers mate sacrifice for the well-being of need to advocate for them as well. Con- came down all around them. They others. Over the coming years, we will gress needs to pass legislation to create made the ultimate sacrifice, as they hear tremendous stories of heroic a new Fire Corps to bring up to 75,000 too became victims of the terrorist at- measures. One such story I have heard new firefighters into our communities. tacks. already is that of Captain Patrick And every community and our Federal And even the collapse of these mam- Brown of the 3 Truck on 13th Street in Government needs to remember the moth buildings was not enough to Manhattan. My cousin Michael, whose heroism seen in Virginia, Pennsylvania scare off our public safety officers. brother John was killed on that fateful and especially in New York City when After the buildings came down, again day, works in 3 Truck on 13th Street calculating their budgets. We can no police, firefighters and rescue per- and was a close friend to Pat and 11 of longer shortchange these people with sonnel were on the scene, rescuing the members of that firefighter unit respect to their livelihoods, with re- those whom they could reach, evacu- that were lost that day. spect to their pay and benefits. ating the area, tending to the injured, He told me of a radio message that My friend and colleague the gen- and dousing flames that threatened day from the 32nd floor of Tower One. tleman from New York (Mr. WEINER) others. Thankfully, the media has done Mike had told me that Pat and other successfully led the charge to increase a wonderful job of telling their stories members of 3 Truck were with about 40 the Public Safety Officers Benefit. I sa- and making the public aware of the he- injured people on their way down from lute him for that. And our New York roes amongst us. Sadly, there are too the building. Pat Brown was one of the delegation has worked to ensure that many stories to tell, because the mag- most decorated members of the FDNY emergency medical personnel are cov- nitude of the tragedy was so great. It is and when he spoke, everyone listened. ered under the PSOB program as well for us here today to once again honor A few moments after giving his loca- in this case. But they should be com- their sacrifice and bestow high honor tion in the tower, he radioed again, ex- pletely covered under this valuable upon these American heroes. cept this time it was a May Day call program in all circumstances. This bill will express the sense of the and that the walls of the building were The work of the police, fire and EMT Congress that the President should buckling. This was a full 10 minutes be- professionals, and they are profes- award and present, in the name of Con- fore the building actually collapsed. It sionals, is not very glamorous but it is gress, a Public Safety Officer Medal of gave firefighters and unknown numbers critical and should be celebrated. While Valor to those public safety officers of rescue workers and victims time to everyone in our Nation hopes and prays who were killed in the terrorist at- evacuate the building. that we never have a tragedy like the tacks on September 11 or who have Pat Brown and the other men of 3 one of September 11 again, let us hope earned special recognition for out- Truck were in impeccable condition that we all learn from it. Let us hope standing valor above and beyond the and could have easily gotten out of the that we never take these people for call of duty. The bill urges the Presi- building, but Pat Brown called back on granted, the people who run into burn- dent to work with the State and local his radio that he would be staying be- ing buildings when everyone else is elected officials and the various police hind, that he and the other members running out; the people that chase and fire commissions in New York, from Truck 3 would be staying behind after criminals rather than hide and Pennsylvania and Virginia to select with the injured victims, knowing that get out of their way; the people that those individuals who should be award- they too would meet the same fate. If resuscitate and provide for our sick ed the Medal of Valor. that is not heroism, I do not know and dying rather than panic and over- I want to thank the majority for what is. react. And let this award serve as a be- bringing this resolution to the floor in While these people do not want our ginning and not an end to the acco- an expeditious manner, and I want to accolades, we the survivors and mourn- lades that these heroes so rightly de- commend the sponsor of the resolution, ers feel the need to extend to them not serve. the gentleman from New York (Mr. only our gratitude but also something On that terrible day of September 11, CROWLEY). larger that states that they are not for- 2001, Osama bin Laden, al-Qaeda and all Mr. Speaker, I yield 5 minutes to the gotten. This is the first time that this those responsible for these terrorist at- gentleman from New York (Mr. CROW- award will be bestowed, and I am en- tacks only saw the twin towers of the LEY), the sponsor of this bill. couraging the Attorney General to use World Trade Center. They failed to see

VerDate 13-OCT-2001 03:20 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.018 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7367 the millions and millions of patriots response teams from around the area and far beyond the call of duty, these real he- behind them, and that will lead to and really around the country. They roes gave us something to be proud of and their downfall. The men and women of courageously fought the flames, res- someone to look up to. the New York Fire Department, Police cued victims trapped inside the build- These valiant individuals are also public Department, Port Authority Police and ing, and treated and transported the safety officers, employed by a situation out of EMS and EMT and volunteer workers injured. their control and paid by an opportunity to were the first in line behind the twin Mr. Speaker, I would like to express serve their fellow man. towers. my wholehearted gratitude towards Mr. Speaker, I would also like to offer my In conclusion, I want to thank Chair- these men and women on behalf of the thanks and praise to New Jersey Port Author- man SENSENBRENNER, Ranking Member families whose loved ones were saved ity Chairman Lew Eisenberg. I struggle to CONYERS and my good friend and col- because of their heroic efforts. To- imagine what these past weeks would have league the gentleman from New York gether with the Fire and Police Depart- been like without his leadership and caring at- (Mr. NADLER) for the committee’s expe- ments of New York City, they do de- tention to the technical and human concerns dited treatment of this bill, as well as serve our admiration and our pride. I we have all shared. the outpouring of support from my col- trust that this resolution will pass I can think of no more fitting tribute to these leagues in Washington, my neighbors unanimously. I commend the gen- men and women than the awarding of the in New York and all the people of the tleman from New York for offering it, Public Safety Officer Medal of Valor. country for their appreciation of Amer- and I appreciate the opportunity to I ask my colleagues to remember their sup- ica’s everyday heroes. support it. port for the creation of this medal, and ask Mr. NADLER. Mr. Speaker, I yield 3 Mr. ENGEL. Mr. Speaker, I rise today in them to recall why we did it. minutes to the gentleman from Vir- strong support of this resolution to provide the I believe it was for such an occasion of ginia (Mr. MORAN). Public Safety Office Medal of Valor to some of bravery as September 11 inspired that we Mr. MORAN of Virginia. I thank my the greatest heroes our Nation has ever voted Yes on that day, and why we must also friend and colleague the gentleman known. I want to thank my colleague from vote Yes today. from New York (Mr. NADLER) for yield- New York for introducing and shepherding this Ms. JACKSON-LEE of Texas. Mr. Speaker, ing time. through the House so quickly. I also want to last May this body established the Public Mr. Speaker, on September 11, the take this opportunity to extend my heartfelt Safety Officer Medal of Valor to honor those world watched in horror as the symbol condolences to him for the personal loss he firemen, police officers, EMTs, and other who of our Nation’s wealth, the World has suffered as a result of September 11th. demonstrate ‘‘extraordinary valor above and Trade Center, and our Nation’s mili- The men and women who responded to the beyond the call of duty.’’ tary might, the Pentagon, were vi- World Trade Center, Pentagon, and Pennsyl- That action was prescient because we are ciously attacked. There is an aching in vania crash site put themselves in harm’s way now faced with a situation that warrants the our hearts as we mourn for the sense- in order to save the lives of countless others. distribution of this highest honor to a number less loss of life and we share the grief In the case of New York, we all know that of heroes within the public safety sector that of the victims’ families, friends and co- there were tragic results. As I watched from exemplify its standards. H. Con. Res. 243 workers. my apartment in the Bronx, not only did the rightly expresses the sense of this body that As the list of casualties from Penn- World Trade Center Towers come crashing those public safety officers that lost their lives sylvania, the World Trade Center and down, but hundreds of firefighters lost their in the September 11 attacks on American soil the Pentagon grows to over 5,000 peo- lives. I must admit at that moment I was full should be conferred this high honor. This body ple, it is frightening to imagine that of despair. is also right to declare that there are other the toll would have been higher were it But then, like a light shining through the public safety officers who deserve special rec- not for the extraordinary courage and dark storm clouds, I saw even more emer- ognition for their actions in the aftermath of valor exhibited by our firefighters, po- gency personnel going into Ground Zero. these attacks. lice officers and emergency rescue Through the horror of the events, my spirits As we continue to fight this new war, Ameri- workers. That is the reason that I so rose as I saw time and time again, firefighters, cans are constantly reminded that the nature strongly support House Concurrent police officers, and emergency medical per- of a public safety officer’s job involves the po- Resolution 243, which will allow us to sonnel pull people out. tential for the ultimate sacrifice. As the rep- honor the valor of the public safety of- It is very fitting that we honor these men resentatives of the American people, our ac- ficers who answered the call of duty on and women with this medal. I urge my col- tions today reflect the gratitude of our constitu- September 11. In my own congressional leagues to vote yes on this resolution. ents to those who work to ensure a stable, district, the brave and heroic men and Mr. FERGUSON. Mr. Speaker, I stand in safe, and just society. women of the Arlington County, City support of H. Con. Res. 243. In his famous 1838 address before the of Alexandria and Fairfax County Fire Earlier this year we had the opportunity to Young Man’s Lyceum of Springfield, Illinois, and Rescue Departments and Police create the Public Safety Officer Medal of Abraham Lincoln spoke the following words Departments should be particularly Valor. regarding danger within our nation’s borders: honored. Today we have the obligation to use this ‘‘At what point then is the approach of These, along with the Federal fire- medal to honor those who have served the danger to be expected? I answer, if it ever fighters at Fort Myer and the Defense public safety of our Nation. reach us, it must spring up amongst us. It Protection Service, were the emer- Mr. Speaker, this bill does more than urge cannot come from abroad. If destruction be gency personnel who first responded to the president to award the Medal of Valor— our lot, we must ourselves be its author and the attack on the Pentagon. Every day the highest honor for public safety officers—to finisher. As a nation of freemen, we must these men and women face risks and those who were killed in the terrorist attacks of live through all time . . .’’ challenges that few of us can relate to. September 11. Though Lincoln’s words did not portend the It is our natural reaction when there is It also honors those who displayed valor blending of home and abroad in the manner a fire to run away from it. Their pro- above and beyond the call of duty through that it has presented itself, his sentiment is as fessional responsibility is to run into their heroic actions on that fateful day, and relevant now as it was then. Our public safety it. On September 11, with little regard during the rescue and recovery missions that officers allow us the best hope of destroying for their own safety and well-being, followed. the dangers we now see before us. Finding a they responded within minutes after These brave souls, although not public safe- fitting testament to their bravery is the obliga- the attack on the Pentagon. The Ar- ty officers, still acted in line with and gave tion of this great Nation. lington County Fire and Police Depart- their lives for the highest ideals of that fine Mr. GILMAN, Mr. Speaker, I rise in strong ments, which have primary responsi- profession. support of H. Con. Res 243, respectfully call- bility for first response at the Pen- Mr. Speaker, I think of the courageous men ing on the President to award and present, in tagon, were right there on the scene and women of the Port Authority who, be- the name of Congress, a public safety officer along with the firefighters and Emer- cause of where they worked, felt empowered Medal of Valor to those public safety officers gency Medical Service personnel from and compelled to risk and, in some cases, who were killed in the terrorist attacks in the Alexandria and Fairfax Counties who sacrifice their lives to help their fellow workers United States on September 11, 2001. This were assisted by any number of other in the World Trade Center. By going above resolution also requests that the President

VerDate 13-OCT-2001 03:20 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 9920 E:\CR\FM\K30OC7.019 pfrm01 PsN: H30PT1 H7368 CONGRESSIONAL RECORD — HOUSE October 30, 2001 honor other select public safety officers who ‘‘(ii) is at least 18 years of age; and pate in the long-term care insurance displayed valor and courage above and be- ‘‘(iii) would not (but for this subparagraph) program. H.R. 2559 will rectify this sit- yond the call of duty on September 11th and otherwise satisfy the requirements of this uation. Such individuals will be eligi- paragraph.’’. in the subsequent rescue and recovery efforts ble to buy long-term care insurance that followed the terrorist attacks on our Na- SEC. 2. PREEMPTION. through the program when they file for Section 9005 of title 5, United States Code, their deferred annuity. tion. is amended— In order to hold down premium costs, On that horrible day in September, a day of (1) by inserting ‘‘(a) CONTRACTUAL PROVI- infamy, our Nation witnessed the best and the SIONS.—’’ before ‘‘The’’; and the bill also exempts policies issued worst of humanity. The despicable and cow- (2) by adding at the end the following: under the program from premium taxes ardly terrorist acts were valiantly countered ‘‘(b) PREMIUMS.— imposed by States, local governments, with the incredible heroism and courage of our ‘‘(1) IN GENERAL.—No tax, fee, or other and the Commonwealth of Puerto Rico. firefighters, law enforcement officers, emer- monetary payment may be imposed or col- Similar exemptions already exist for gency personnel, and our fellow citizens. lected, directly or indirectly, by any State, premiums paid under the Federal Em- It is incumbent upon our Nation to honor the District of Columbia, or the Common- ployees Health Benefits Program and wealth of Puerto Rico, or by any political these heroes, be they here or departed. Be- subdivision or other governmental authority Federal Employees Group Life Insur- stowing the Public Safety Officer Medal of thereof, on, or with respect to, any premium ance Program. Valor on these deserving men and women. It paid for an insurance policy under this chap- Exempting premiums from these is a fitting tribute to their memory and their ter. taxes will reduce premiums in two contribution to our Nation’s freedom. Accord- ‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) ways. First, of course, the cost of long- ingly, I urge my colleagues to fully support this shall not be construed to exempt any com- term care insurance will be lower sim- important measure. pany or other entity issuing a policy of in- ply because the premiums will not have Mr. NADLER. Mr. Speaker, I yield surance under this chapter from the imposi- to build in the amount of the taxes. tion, payment, or collection of a tax, fee, or back the balance of my time. other monetary payment on the net income Second, the carriers will not have to Mr. SENSENBRENNER. Mr. Speak- or profit accruing to or realized by such enti- incur the cost of complying with the er, I yield back the balance of my time. ty from business conducted under this chap- wide array of premium tax laws that The SPEAKER pro tempore (Mr. ter, if that tax, fee, or payment is applicable differ from jurisdiction to jurisdiction. PETRI). The question is on the motion to a broad range of business activity.’’. Lower costs mean lower premiums. offered by the gentleman from Wis- SEC. 3. EFFECTIVE DATE. The Office of Personnel Management consin (Mr. SENSENBRENNER) that the The amendments made by this Act shall estimates that the exemption will House suspend the rules and agree to take effect as if included in the enactment of shave long-term care premiums by 2.5 the concurrent resolution, H. Con. Res. section 1002 of the Long-Term Care Security percent. This is important because po- 243. Act (Public Law 106–265; 114 Stat. 762). tential consumers of long-term care in- The question was taken. The SPEAKER pro tempore. Pursu- surance are very sensitive to price. The SPEAKER pro tempore. In the ant to the rule, the gentlewoman from I would also note, Mr. Speaker, that opinion of the Chair, two-thirds of Virginia (Mrs. JO ANN DAVIS) and the the Long-Term Care Security Act in- those present have voted in the affirm- gentleman from Illinois (Mr. DAVIS) tends that the Office of Personnel Man- ative. each will control 20 minutes. agement will perform many of the con- Mr. SENSENBRENNER. Mr. Speak- The Chair recognizes the gentle- sumer protection functions tradition- er, on that I demand the yeas and nays. woman from Virginia (Mrs. JO ANN ally conducted by State insurance com- The yeas and nays were ordered. DAVIS). missioners. These changes will be effec- The SPEAKER pro tempore. Pursu- GENERAL LEAVE tive as if enacted in the Long-Term ant to clause 8 of rule XX and the Mrs. JO ANN DAVIS of Virginia. Mr. Care Security Act and will substan- Chair’s prior announcement, further Speaker, I ask unanimous consent that tially improve the Federal Govern- proceedings on this motion will be all Members may have 5 legislative ment’s long-term care insurance pro- postponed. days in which to revise and extend gram. f their remarks on the bill, H.R. 2559. I encourage all Members to support The SPEAKER pro tempore. Is there H.R. 2559. FEDERAL LONG-TERM CARE Mr. Speaker, I reserve the balance of INSURANCE AMENDMENTS ACT objection to the request of the gentle- woman from Virginia? my time. Mrs. JO ANN DAVIS of Virginia. Mr. There was no objection. Mr. DAVIS of Illinois. Mr. Speaker, I Speaker, I move to suspend the rules Mrs. JO ANN DAVIS of Virginia. Mr. yield myself such time as I may con- and pass the bill (H.R. 2559) to amend Speaker, I yield myself such time as I sume. chapter 90 of title 5, United States may consume. Mr. Speaker, I am pleased to be an Code, relating to Federal long-term Mr. Speaker, I rise in strong support original cosponsor of H.R. 2559. It will care insurance. of H.R. 2559. Last year, Congress en- improve the Federal long-term care in- The Clerk read as follows: acted the Long-Term Care Security surance program, which was created H.R. 2559 Act. That bill established a program to last year by the Long-Term Care Secu- Be it enacted by the Senate and House of Rep- permit the Federal Government to rity Act. resentatives of the United States of America in offer private long-term care insurance Last session, the gentleman from Congress assembled, at a group discount as an employment Florida (Mr. SCARBOROUGH), the gen- SECTION 1. DEFINITION OF AN ANNUITANT. benefit. Beginning in October of 2002, tleman from Maryland (Mr. CUMMINGS), Paragraph (2) of section 9001 of title 5, Federal employees, civilian retirees the gentlewoman from the District of United States Code, is amended to read as and active and retired members of the Columbia (Ms. NORTON), the gentle- follows: military will be eligible to purchase woman from Maryland (Mrs. MORELLA), ‘‘(2) ANNUITANT.—The term ‘annuitant’ the gentleman from Florida (Mr. MICA), means— long-term care insurance through this ‘‘(A) any individual who would satisfy the new program. and the gentleman from Maine (Mr. ALLEN) worked in a bipartisan way to requirements of paragraph (3) of section 8901 b 1445 if, for purposes of such paragraph, the term bring a long-term care insurance pro- ‘employee’ were considered to have the H.R. 2559 will improve that program. gram to Federal employees. meaning given to it under paragraph (1) of This bill expands the population served The Long-Term Care Security Act this subsection; and by the Federal Government’s long-term authorizes the Office of Personnel Man- ‘‘(B) any individual who— care program. agement to purchase group long-term ‘‘(i) satisfies all requirements for title to Mr. Speaker, many individuals leave insurance policies from qualified pri- an annuity under subchapter III of chapter Federal employment before they are vate sector contractors, thereby mak- 83, chapter 84, or any other retirement sys- tem for employees of the Government entitled to an immediate annuity, even ing long-term care insurance available (whether based on the service of such indi- though they worked long enough to to Federal employees, Federal retirees, vidual or otherwise), and files application earn retirement at a later date. Cur- and their family members. The correc- therefor; rently they are not eligible to partici- tions to the Long-Term Care Security

VerDate 13-OCT-2001 03:20 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.018 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7369 Act proposed in H.R. 2559 will continue offered by the gentlewoman from Vir- clubhouse but also in the community, donat- to ensure that the best possible pro- ginia (Mrs. JO ANN DAVIS) that the ing approximately $100,000 to the September gram is being designed for Federal em- House suspend the rules and pass the 11th Fund to aid the victims of the terrorist ployees. bill, H.R. 2559. attacks in New York, Washington, D.C., and Pennsylvania; and Under the Long-Term Care Correc- The question was taken. The SPEAKER pro tempore. In the Whereas Barry Bonds has also devoted his tions Act, all Federal employees enti- time and money to support the Link & Learn tled to an annuity under the Federal opinion of the Chair, two-thirds of Program of the United Way, and has been an Retirement System will be eligible to those present have voted in the affirm- active participant in numerous other San participate in the long-term care pro- ative. Francisco Bay area community efforts: Now, gram, as was intended when the Long- Mrs. JO ANN DAVIS of Virginia. Mr. therefore, be it Term Care Security Act was enacted. Speaker, on that I demand the yeas Resolved, That the House of Representa- Additionally, as in the case with the and nays. tives congratulates Barry Bonds on his spec- tacular record-breaking season in 2001 and health and life insurance policies The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- outstanding career in Major League Base- issued through the Federal Employees ball, wishes him continued success in the Health Benefits Program and the Fed- ant to clause 8 of rule XX and the Chair’s prior announcement, further seasons to come, and thanks him for his con- eral Employees Group Life Insurance tributions to baseball and to his community. proceedings on this motion will be Program, long-term care insurance The SPEAKER pro tempore. Pursu- postponed. policies issued through the Federal ant to the rule, the gentlewoman from f long-term care program would be ex- Virginia (Mrs. JO ANN DAVIS) and the empt from premium taxes imposed by CONGRATULATING BARRY BONDS gentleman from Illinois (MR. DAVIS) States and local governments, making FOR RECORD-BREAKING SEASON each will control 20 minutes. premiums competitive for Federal em- Mrs. JO ANN DAVIS of Virginia. Mr. The Chair recognizes the gentle- ployees. Obviously, this program im- Speaker, I move to suspend the rules woman from Virginia (Mrs. JO ANN proves substantially the health bene- and agree to the resolution (H. Res. 266) DAVIS). fits program for Federal employees. congratulating Barry Bonds on his GENERAL LEAVE Mr. Speaker, I yield such time as he spectacular, record-breaking season for Mrs. JO ANN DAVIS of Virginia. Mr. may consume to the gentleman from the San Francisco Giants and Major Speaker, I ask unanimous consent that Virginia (Mr. MORAN). League Baseball. all Members may have 5 legislative Mr. MORAN of Virginia. Mr. Speak- The Clerk read as follows: days within which to revise and extend er, I thank the distinguished gen- H. RES. 266 their remarks on H.Res. 266. tleman from Illinois for yielding me Whereas Barry Bonds has brought distinc- The SPEAKER pro tempore. Is there time. tion to Major League Baseball and excel- objection to the request of the gentle- Mr. Speaker, I just want to rise to re- lence to the San Francisco Giants, following woman from Virginia? flect the broad-based support that this in the baseball footsteps of his father, Bobby There was no objection. provision has within the Congress. This Bonds, and his godfather, Willie Mays; Mrs. JO ANN DAVIS of Virginia. Mr. is not going to cost the American tax- Whereas Barry Bonds has had an out- Speaker, I yield myself such time as I payer any money, but it will provide standing career that so far includes 3 Most may consume. some personal security for the great Valuable Player awards, 10 All-Star Game Mr. Speaker, I commend my distin- many Federal employees who need appearances, 8 Rawlings Gold Glove awards, guished colleagues, the gentlewoman and the distinction of being named Player of long-term care insurance. the Decade for the 1990s by the Sporting from California (Ms. PELOSI), the au- This was a good idea. There were any News; thor of this resolution; and the gen- number of Members, particularly from Whereas in 2001 Barry Bonds had one of the tleman from California (Mr. OSE), who the Washington metropolitan area, greatest seasons in Major League Baseball sponsored a similar resolution, House who pushed it. It is an important ben- history, achieving 73 home runs, a slugging Resolution 262, for introducing these efit, and it is one that all of the Fed- average of .863, and an on-base percentage of measures. eral workers throughout the country .515; This resolution congratulates Barry are going to appreciate. And particu- Whereas Barry Bonds has established him- Bonds for his spectacular record-break- larly at this time when they are work- self as the most prolific single-season home ing season in 2001 and his outstanding run hitter in Major League Baseball history, ing under such fear and anxiety, it is hitting his 73rd home run on October 7, 2001, career, wishes him continued success, the appropriate thing to do. I know it eclipsing the previous record of 70 home runs and thanks him for his contributions will be much appreciated. set by Mark McGwire in 1998; to baseball and his community. So I strongly support this measure. I Whereas Barry Bonds has attained the Mr. Speaker, no player has hit as thank the gentlewoman from Virginia rank of 7th place on the all-time Major many home runs, 73, in a single season, and the gentleman from Illinois for League Baseball home run list with 567; as San Francisco Giants outfielder bringing it to the floor today. Whereas Barry Bonds drove in 136 runs to Barry Bonds did during this baseball Mr. DAVIS of Illinois. Mr. Speaker, I set a Giants franchise record for runs batted season; but he also accomplished much in by a left fielder, and has recorded at least more than just setting this record. To yield myself such time as I may con- 100 RBI’s in each of 10 different seasons; sume. Whereas of Bonds’ 73 home runs, 24 gave fully appreciate the remarkable season Mr. Speaker, I simply reiterate my San Francisco the lead and 7 tied the game; that Barry Bonds had this year, we strong support for this excellent legis- Whereas Barry Bonds also hit the 500th must also consider these other achieve- lation. home run of his career during the 2001 sea- ments. Mr. Speaker, I yield back the balance son, a 2-run game-winning home run which During this season, Barry Bonds had of my time. landed in the waters of McCovey Cove, San the highest slugging percentage in a Mrs. JO ANN DAVIS of Virginia. Mr. Francisco; single season at .863. He joined the im- Speaker, I yield myself such time as I Whereas Barry Bonds, at age 37, is the old- mortal Babe Ruth as the only hitter to est player in Major League Baseball history may consume. to hit more than 50, 60, and 70 home runs in finish a season with a slugging percent- H.R. 2559 has strong bipartisan sup- a single season; age over .800. Furthermore, Barry port. The Office of Personnel Manage- Whereas Barry Bonds has recorded 484 sto- Bonds had an on-base percentage of .515 ment and long-term care insurers also len bases in his career, becoming the only in the past 100 years, only four other support it. It will substantially im- Major League Baseball player to both hit players finished a season above the .500 prove the Federal Government’s long- more than 400 home runs and steal more mark. Barry Bonds is the first to do so term care insurance program, and I than 400 bases; since 1957. He also broke the single-sea- urge all Members to support this meas- Whereas Barry Bonds’ 233 stolen bases son record for walks with 177. achieved while playing for San Francisco These accomplishments further ure. place him 6th on the Giants franchise list be- Mr. Speaker, I yield back the balance hind his father, Bobby, who is 5th with 263 adorn a career noted for excellence. of my time. stolen bases; Barry Bonds has received three Most The SPEAKER pro tempore (Mr. Whereas Barry Bonds has proven himself Valuable Player awards, eight Gold PETRI). The question is on the motion to be an active leader not only in the Giants Gloves, and was named Player of the

VerDate 13-OCT-2001 03:20 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.022 pfrm01 PsN: H30PT1 H7370 CONGRESSIONAL RECORD — HOUSE October 30, 2001 Decade for the 1990s by the Sporting consume to the gentleman from Cali- broke McGuire’s and Babe Ruth’s News. fornia (Mr. OSE). record for most home runs on the road Mr. Speaker, Barry Bonds’s roots in Mr. OSE. Mr. Speaker, I thank the and, as the gentleman from Illinois California run deep. He was born in gentlewoman from Virginia for yield- (Mr. DAVIS) said, with a home run Riverside, California. He graduated ing me time. every 6.5 at bats, he broke McGuire’s from Sierra High School in San Mateo. Mr. Speaker, I cannot tell you how record there also. He broke Babe After attending college at Arizona pleased I am to be down here. Having Ruth’s record of 170 walks in a single State, he now both plays professional been born and raised in California, I season by walking 177 times. Can any- baseball and resides in California. have been a life-long San Francisco Gi- one imagine that? In the major His community activity has included ants fan, even though they only arrived leagues, the pitchers chose to walk generous support of the United Way’s in 1958. Barry Bonds 177 times. Let me tell my Link & Learn Program and many other It gives me great pleasure to stand colleagues, the other 29 franchises in San Francisco Bay Charities. He also today and commend this resolution to the major leagues, you guys are a donated around $100,000 to the Sep- my colleagues. My connection with bunch of chickens; you would not pitch tember 11 fund to aid the victims of the Barry Bonds is not only that I come to him. Who knows how many he would terrorist attacks. from Northern California and bleed San have had. He could have had 100 home Barry Bonds has been a beacon of Francisco Giants colors; but his agent runs if you would have pitched to him. quiet resolve and hard work and an in- is a family friend of mine, Mr. Scott He had a slugging percentage of 863, spiration to his teammates and to all Boras. breaking Roger Hornsby’s previous sin- Americans. I urge all Members to rec- How many of you can recall the gle season record of 76 and passing ognize Barry Bonds’s extraordinary names McCovey, Mays, Marichal, Babe Ruth’s major league record of 847. athletic achievements and his commu- Haller, Tito Fuentes, Jimmy Dav- He was on base over half the time. nity spirit by supporting this resolu- enport, Jim Ray Hart? It is a long list Counting the walks, he was on base tion. of names that are steeped in Giants every other time he came to bat. That Mr. Speaker, I reserve the balance of history that lead us to today’s pro- is the first time since 1957 anybody has my time. ceedings. bat over 500 and the first time in the Mr. DAVIS of Illinois. Mr. Speaker, I Barry Bonds, in fact, may have start- National League since 1924. Mr. Speaker, the San Francisco Gi- yield myself such time as I may con- ed with the Pittsburgh Pirates; but in ants are a long and storied franchise. I sume. fact he is a San Francisco Giants. His have to say these names: Mays, Mr. Speaker, I must confess that I father, Bobby Bonds, came up into the Marichal, McCovey, Cepeda, Tito grew up as a Brooklyn Dodgers and St. majors serving with the San Francisco Fuentes, and the others that I grew up Louis Cardinals fan; and then after Giants; and in his first at-bat hit a rooting for. These are all great giants, moving to Illinois, I became a White grand slam home run, something that but none have been greater than Barry Sox and a Cubs fan. But on Sunday, Oc- has not been often repeated in the tober 7, I think everybody who loves Bonds in this past year. Just remember major leagues. that number: 73. baseball was a San Francisco Giants Orlando Cepeda, the Hall of Famer We have struggled over the past 6 or fan, because it was on Sunday, October with the San Francisco Giants, is one 7 weeks in this country trying to keep 7, 2001, that Barry Bonds, the San of those who also served with the Gi- things together. My heart goes out to Francisco Giants outfielder, hit his ants; Ron ‘‘Bear’’ Bryant, who in 1973 everybody who has suffered a loss. In 73rd home run, a Major League record, won 24 games; John ‘‘The Count’’ this time of trouble, and in this time of and shattered the slugging percentage Montefusco, anybody from San Fran- tragedy, and in this time of trial, I record that Babe Ruth held since 1920. cisco or Northern California knows have to say that America has looked to 16 years ago, Bonds started out as a that name. Frank Robinson, who was those boys of spring and those boys of Pittsburgh Pirate, when he was sixth the National League’s first black man- summer and, finally, we have looked to in Rookie of the Year. Today, Bonds ager, served with the Giants beginning Barry Bonds to give us that shining ex- has passed some of baseball’s greatest in 1981. Jim Ray Hart and Jim Dav- ample of what one person can do, even legends on the career home run list. enport; Tom Haller, Will Clark, ‘‘Will when the other 29 teams are working Bonds finished the season with a .328 the Thrill’’ Clark. And his teammate against him. batting average, career high 137 RBIs, Kevin Mitchell, who last took the Gi- Mr. Speaker, I commend this resolu- and a slugging percentage of .863, eas- ants to the World Series with the Oak- tion to my colleagues in this House. I ily surpassing the mark of .847 that land A’s. compliment the gentlewoman from Ruth set in 1920. Bonds also broke More recently we have had others. California (Ms. PELOSI) for bringing Ruth’s major league record by walking We have had Jeff Kent, Rich Aurilia, this forward. I am a Giants fan from 177 times this season, ending up with and Robb Nen, all adding to the Giants day one and I will be a Giants fan to an on-base percentage of .515, best in legacy. the last day and the last breath. Thank the majors since 1957, and tops in the But in 2001, we had Barry Bonds and God for Barry Bonds and the Giants National League since John McGraw’s no one else. On August 11, he became this year. I urge an ‘‘aye’’ vote on this mark of .547 in 1899. the oldest player to ever hit 50 home resolution. Bonds homered every 6.52 at-bats this runs. But do you know what? He did Mr. DAVIS of Illinois. Mr. Speaker, season, beating the Major League not stop there. He kept swinging. He it is my pleasure to yield 6 minutes to record of a homer each 7.27 at bats that kept popping that ball out into the gentleman from California (Mr. Mark McGwire set while hitting 70 McCovey Cove, and the Giants kept LANTOS). I do not know how many home runs in 1998. winning. home runs the next speaker has hit, Voted Player of the Decade for the As the gentleman from Illinois said, but I can tell my colleagues that he 1990s by the Sporting News, Bonds was on October 7, as everyone sat riveted in has struck many a blow for human the first player ever to win the league’s their living rooms and their family rights and for the rights and liberties Most Valuable Player award three rooms across this country, Barry Bonds of people all over the world. times in four seasons. went yard a 73rd time. Mr. LANTOS. Mr. Speaker, I first This resolution congratulates Barry would like to thank my dear friend and Bonds for his hard work and extraor- b 1500 distinguished colleague, the gentleman dinary achievements, and I certainly In the process, he broke Mark from Illinois, for yielding. I want to join with the gentlewoman from Cali- McGuire’s single season record and, I congratulate the gentlewoman from fornia (Ms. PELOSI) in supporting House have to say, a few years back when I California (Ms. PELOSI), my friend, Resolution 262. watched Mr. McGuire make his chal- neighbor, and whip-elect, for bringing Mr. Speaker, I reserve the balance of lenge, that was a stirring time also. this resolution to the floor. I am truly my time. Bonds broke Maris’ record for the delighted that my training, Mr. Speak- Mrs. JO ANN DAVIS of Virginia. Mr. most home runs for a left-hander; no er, is in economics, because a knowl- Speaker, I yield such time as he may asterisk, no nothing, he just did it. He edge of statistics is indispensable in

VerDate 13-OCT-2001 03:20 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.025 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7371 dealing with this giant in American ties and programs to improve edu- Our resolution says, whereas Bonds politics. cation and quality of life for the Bay has brought distinction to major Mr. Speaker, I am delighted to urge Area’s African American youth. The league baseball and excellence to the all of my colleagues to join the gentle- foundation also supports other char- San Francisco Giants, he was following woman from California (Ms. PELOSI) ities, such as the Adopt a Special Kid in the footsteps of his father Bobby and me in supporting House Resolution Program and the Joe DiMaggio Chil- Bonds and his godfather Willie Mays. 266, which congratulates Barry Bonds dren’s Hospital. Both Barry Bonds and My colleagues have to come to San for his achievement in breaking the his foundation are also involved in the Francisco to see the Willie Mays statue major league baseball record for home United Way’s ‘‘Link and Learn’’ pro- on Willie Mays Plaza there. Barry runs in a single season, and to thank gram. This educational program fo- Bonds has had an outstanding career him for his contributions both to base- cuses on raising student achievement and that so far includes 3 Most Valu- ball and our community. by increasing parent involvement, ac- able Player awards, 10 All Star Game On October 7 of this year, in beau- cess to tutoring, and exposure to inter- appearances, 8 Rawlings Gold Glove tiful PacBell Stadium in San Fran- active educational technology among awards and the distinction of being cisco, Barry Bonds hit his 73rd home low-income children and their families. named Player of the Decade for the run. This took him past Mark Mr. Speaker, it is crystal clear that 1990s by Sporting News; whereas also, McGuire’s previous record of 70 home Barry Bonds is an exceptional baseball in 2001, Barry Bonds had one of the runs in a single season. In addition, player, and he used his celebrity and greatest seasons in major league base- Barry also broke Babe Ruth’s record talents to benefit our community. I en- ball history, achieving the aforemen- for slugging average, once thought to courage all of our colleagues to join me tioned 73 home runs, a slugging aver- be untouchable. Mr. Speaker, Barry in supporting this resolution, which ap- age of 863, and an on-base percentage of propriately honors Barry Bonds for his Bonds did not merely eclipse Ruth’s 515. Barry Bonds has established him- record; he shattered it, setting the new record-breaking achievement. Mr. DAVIS of Illinois. Mr. Speaker, self as the most prolific single season average 16 points above the previous home run hitter in major league base- it is my pleasure to yield 51⁄2 minutes mark. He also set the major league to the gentlewoman from California ball history, again hitting his 73rd record for walks, drawing 177, a testa- home run on October 7, 2001, eclipsing (Ms. PELOSI), the author of this resolu- ment to the fear he instilled in oppos- tion, who functions with the passion of the previous record of 70 home runs set ing pitchers. a gladiator herself and is victorious by Mark McGuire in 1998, and that Mr. Speaker, at the end of this year’s most of the time in whatever it is that seemed like an unachievable goal to baseball season, Barry Bonds had fin- she sets out to do. break that record. Of Bonds’ 73 home ished in the top 10 in four major offen- Ms. PELOSI. Mr. Speaker, I thank runs, 24 gave San Francisco the lead sive statistical categories: home runs, the gentleman from Illinois (Mr. and 7 tied the game. batting average, runs batted in, and DAVIS), the ranking member, for his Bonds also hit the five-hundredth runs scored. He finished the season in generosity in yielding time and his home run of his career during the 2001 seventh place on the all time home run kind words, and the gentlewoman from season, a two-run game-winning home list with 567 career home runs, and I Virginia (Mrs. JO ANN DAVIS) for bring- run which landed in the waters of can relate to that, Mr. Speaker. He be- ing this resolution to the floor. I am McCovey Cove, something my col- came the oldest player in major league pleased to join my colleague, the gen- leagues must come visit as well when history to hit more than 50, 60 or 70 tleman from California (MR. LANTOS), a they come to San Francisco to our home runs in a single season. This daz- big Giants fan, in representing San PacBell Stadium, which, by the way, is zling offensive output is what the fans Francisco and in honoring Barry Bonds privately funded, very exceptional, of the San Francisco Giants as well as today. I want to thank the gentleman again under the leadership of the Gi- baseball fans around the Nation have from California (Mr. OSE), who also had ants family headed by Peter McGowan. come to expect from this three-time a resolution about Barry Bonds, for his Barry Bonds at 37 is the oldest player National League Most Valuable Player. generosity in allowing the gentleman in major league baseball history to hit This past Sunday, Barry’s peers added from California (Mr. LANTOS) and I to more than 50, 60 and 70 home runs in a yet another accolade to his resume: bring this resolution to the floor as we single season. My daughter is 37 years 2001 Players’ Choice Player of the Year. represent San Francisco. But as the old, and I remember when we went to Mr. Speaker, I say this with local gentleman knows, the Giants family Barry Bonds’ 30th birthday, which pride, but I firmly believe that Barry extends well beyond that, and we are seems like just yesterday. But in any Bonds’ talents can be traced to the fact pleased to share this honor for Barry event, he has even at that ripe old age that he grew up in San Mateo, Cali- Bonds today with our California col- of 37 broken many records. fornia, which, I might add, is at the league, and I thank the gentleman. I Barry Bonds has recorded 484 stolen very heart of my own congressional appreciate his kindness. I also thank bases. Can we imagine that: Becoming district. His domination of the baseball the Republican leadership for allowing the only major league baseball player diamond at Sierra High School in San a Democratic resolution honoring to hit both more than 400 home runs Mateo is legendary to this very day. Barry Bonds to come to the floor. and to steal more than 400 bases. Barry Barry grew up around baseball and Mr. Speaker, in an uncertain time in Bonds’ 233rd stolen bases achieved from a young age he showed star poten- our country’s history, this fall has been while playing for San Francisco placed tial. Both Barry’s father Bobby and his as bad as it gets for us. Our spirits were him sixth on a Giant franchise list be- godfather, Willie Mays, were profes- lifted as Barry Bonds hit his 73rd home hind his father, Bobby, who was fifth, sional baseball players. run on October 7. For those of us who with 263 stolen bases. So this is indeed In addition to his baseball exploits, go to the Giants games, we could only a family affair. Barry Bonds has been actively involved say, just think what he would have Perhaps more important to Barry in community and public service. Since done if they would have pitched to him, Bonds than even his baseball success is September 11 he has donated $100,000 to as my colleague said in his remarks. I his record of community service. He the fund to aid the victims of the Sep- was there for number 58 on Labor Day. has proven himself to be an active lead- tember 11 terrorist attacks. His gen- I kept going to the games thinking I er, not only in the Giants’ club house, erous contribution was matched by would see many more home runs and I but also in the community, donating both major league baseball and the San saw some, but again, they did not al- privately approximately $100,000 al- Francisco Giants, bringing the total of ways have the courage to pitch to ready to the September 11 Fund to aid $300,000 for the assistance of the vic- Barry Bonds. I really hope that all of the victims of the terrorist attacks in tims of this horrific tragedy. Barry’s our colleagues will, in the spirit of New York, Washington, and Pennsyl- involvement in the community also in- friendship and competition, join in vania. Barry Bonds has also devoted cludes the Barry Bonds family founda- congratulating Barry Bonds on his his time and personal financial re- tion, which he established 7 years ago, spectacular record-breaking season for sources to support the ‘‘Link and which is headed by his mother, Pat the San Francisco Giants and major Learn’’ program of United Way and has Bonds. The foundation supports activi- league baseball. been an active participant in numerous

VerDate 13-OCT-2001 03:20 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.036 pfrm01 PsN: H30PT1 H7372 CONGRESSIONAL RECORD — HOUSE October 30, 2001 other San Francisco Bay Area commu- TON), the chairman of the Committee (1) To study activities by the Government nity efforts, just too numerous to men- on Government Reform, and the gen- that would be fitting and proper to honor tion. tleman from California (Mr. WAXMAN), Benjamin Franklin on the occasion of the the ranking member, and the gen- tercentenary of his birth, including but not b 1515 limited to the following: tleman from Pennsylvania (Mr. (A) The minting of a Benjamin Franklin Mr. Speaker, I urge all of my col- WELDON) and the gentleman from Illi- leagues to join in very enthusiastically tercentenary coin. nois (Mr. DAVIS), the chairman and (B) The rededication of the Benjamin and resolve that the House of Rep- ranking member of the Subcommittee Franklin National Memorial at the Franklin resentatives congratulate Barry Bonds on Civil Service and Agency Organiza- Institute in Philadelphia, Pennsylvania, or on his spectacular, record-breaking tion, for expediting consideration by other activities with respect to that memo- season in 2001, and outstanding career the House. rial. in major league baseball. I might add that the gentleman from (C) The acquisition and preservation of ar- This House wishes him continued tifacts associated with Benjamin Franklin. Indiana (Mr. BURTON) wanted it known (D) The sponsorship of publications, in- success in the seasons to come, and that he was personally very pleased thanks him for his contribution to cluding catalogs and scholarly work, con- that Mr. Bonds hit number 73. cerning Benjamin Franklin. baseball, and especially his contribu- Mr. Speaker, I yield back the balance (E) The sponsorship of conferences, exhibi- tion to the community. of my time. tions, or other public meetings concerning Mrs. JO ANN DAVIS of Virginia. Mr. The SPEAKER pro tempore (Mr. Benjamin Franklin. Speaker, I yield 2 minutes to my col- PETRI). The question is on the motion (F) The sponsorship of high school and col- league, the gentleman from California offered by the gentlewoman from Vir- legiate essay contests concerning the life and legacy of Benjamin Franklin. (Mr. OSE). ginia (Mrs. JO ANN DAVIS) that the (2) To recommend to the Congress in one or Mr. OSE. Mr. Speaker, I thank the House suspend the rules and agree to gentlewoman for yielding time to me. more of the interim reports submitted under the resolution, H. Res. 266. section 9(a)— Mr. Speaker, I would like to just The question was taken; and (two- (A) the activities that the Commission share with the gentlewoman from San thirds having voted in favor thereof) considers most fitting and proper to honor Francisco, I know Mr. Bonds hit num- the rules were suspended and the reso- Benjamin Franklin on the occasion of the ber 73 against the Houston Astros, but lution was agreed to. tercentenary of his birth; and in San Francisco, and in fact in the A motion to reconsider was laid on (B) the entity or entities in the Federal northern California area, in baseball, the table. Government that the Commission considers most appropriate to carry out such activi- the ultimate opponent is the Los Ange- f les Dodgers, without any doubt. ties. (b) POINT OF CONTACT.—The Commission, I have to say, I do not know where BENJAMIN FRANKLIN TERCENTENARY COMMISSION ACT acting through its secretariat, shall serve as the gentlewoman was when he hit num- the point of contact of the Government for ber 71, but it was against the Los Ange- Mrs. JO ANN DAVIS of Virginia. Mr. all State, local, international, and private les Dodgers. I just want to get that in Speaker, I move to suspend the rules sector initiatives regarding the tercentenary the RECORD. When he turned on that and pass the bill (H.R. 2362) to establish of Benjamin Franklin’s birth, with the pur- fast ball, imagine the audacity on num- the Benjamin Franklin Tercentenary pose of coordinating and facilitating all fit- ber 71. Commission, as amended. ting and proper activities honoring Benjamin It was the ninth inning and the Dodg- The Clerk read as follows: Franklin. ers had some rookie in pitching, a lit- H.R. 2362 SEC. 5. MEMBERSHIP. tle right-handed pitcher. He was throw- Be it enacted by the Senate and House of Rep- (a) NUMBER AND APPOINTMENT.—The Com- mission shall be composed of 15 members as ing heat. Bonds was up and the game resentatives of the United States of America in Congress assembled, follows: was basically over. This guy kept (1) The Librarian of Congress. SECTION 1. SHORT TITLE. bringing the heat, and he would pitch (2) 14 qualified citizens, appointed as fol- This Act may be referred to as the ‘‘Ben- one and it got by Bonds on strike one, lows: jamin Franklin Tercentenary Commission and I think on strike two, I think (A) 2 members appointed by the President. Act’’. Bonds actually turned to the catcher (B) 2 members appointed by the President SEC. 2. FINDINGS. on the recommendation of the Governor of and said, ‘‘You just put that ball there The Congress finds as follows: one more time.’’ the Commonwealth of Pennsylvania. (1) Benjamin Franklin was one of the most (C) 2 members appointed by the President And the pitcher brought the fast ball extraordinary men of the generation that on the recommendation of the Governor of again, and Bonds turned on, and there founded the United States. Around the the Commonwealth of Massachusetts. was never any doubt. I have to tell the world, he remains one of the best-known (D) 2 members, at least 1 of whom shall be Members, all over San Francisco and in Americans who has ever lived. a Senator, appointed by the majority leader northern California, Mr. Speaker, peo- (2) Benjamin Franklin’s achievements in- of the Senate. ple jumped to their feet and said ‘‘Yes, clude his literary work, his creation of phil- (E) 2 members, at least 1 of whom shall be anthropic and educational institutions, his a Senator, appointed by the minority leader we broke the record against the Dodg- significant scientific explorations, and his ers; life is good, congratulations, Barry of the Senate. service to the Nation as a statesman and dip- (F) 2 members, at least 1 of whom shall be Bonds; and we won the game.’’ lomat. a Member of the House of Representatives, Mr. DAVIS of Illinois. Mr. Speaker, I (3) Benjamin Franklin was the only Amer- appointed by the Speaker of the House of yield myself such time as I may con- ican to sign all 5 enabling documents of the Representatives. sume. United States. (G) 2 members, at least 1 of whom shall be As one who used used to try and emu- (4) All people in the United States could a Member of the House of Representatives, late those basket catches of Willie benefit from studying the life of Benjamin appointed by the minority leader of the Franklin and gaining a deeper appreciation Mays, I am pleased to urge strong sup- House of Representatives. of his legacy to the Nation. (b) QUALIFIED CITIZEN.—For purposes of port for this resolution. (5) January 17, 2006, is the 300th anniver- Mr. Speaker, I have no further re- this section, a qualified citizen is a citizen of sary of the birth of Benjamin Franklin, and the United States with— quests for time, and I yield back the a commission should be established to study (1) a substantial knowledge and apprecia- balance of my time. and recommend to the Congress activities tion of the work and legacy of Benjamin Mrs. JO ANN DAVIS of Virginia. Mr. that are fitting and proper to celebrate that Franklin; and Speaker, I yield myself the balance of anniversary in a manner that appropriately (2) a commitment to educating people in my time. honors Benjamin Franklin. the United States about the historical im- Mr. Speaker, I again commend the SEC. 3. ESTABLISHMENT. portance of Benjamin Franklin. distinguished gentlewoman and the There is established a commission to be (c) TIME OF APPOINTMENT.—Each initial ap- known as the Benjamin Franklin Tercente- gentleman from California for intro- pointment of a member of the Commission nary Commission (referred to in this Act as shall be made before the expiration of the ducing the resolution to recognized the ‘‘Commission’’). 120-day period beginning on the date of the Barry Bonds’ achievements and work- SEC. 4. DUTIES. enactment of this Act. ing so hard to assure passage. I thank (a) STUDY.—The Commission shall have the (d) CONTINUATION OF MEMBERSHIP.—If a the gentleman from Indiana (Mr. BUR- following duties: member of the Commission was appointed to

VerDate 13-OCT-2001 03:20 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.028 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7373 the Commission as a Member of the Con- the administrative support services nec- The Commission will also rec- gress, and ceases to be a Member of the Con- essary for the Commission to carry out its ommend the entity or entities in the gress, that member may continue to serve on responsibilities under this Act. Federal Government the Commission (f) PROCUREMENT.—The Commission may the Commission for not longer than the 30- believes most appropriate to carry out day period beginning on the date on which enter into contracts for supplies, services, that member ceases to be a Member of the and facilities to carry out the Commission’s those activities. It will coordinate and Congress. duties under this Act. facilitate such activities. (e) TERMS.—Each member shall be ap- (g) DONATIONS.—The Commission may ac- The Commission will terminate in pointed for the life of the Commission. cept and use donations of— 2007. The bill authorizes appropriations (f) VACANCIES.—A vacancy in the Commis- (1) money; for $500,000 over the life of the Commis- (2) personal services; and sion shall not affect the powers of the Com- sion. mission and shall be filled in the manner in (3) real or personal property related to which the original appointment was made. Benjamin Franklin or the occasion of the January 17, 2006, is the 300th anniver- (g) BASIC PAY.—Members shall serve on the tercentenary of his birth. sary of Benjamin Franklin’s birth. As Commission without pay. SEC. 8. DIRECTOR AND STAFF. the bill’s findings observe, Franklin (h) TRAVEL EXPENSES.—Each member shall (a) APPOINTMENT.—The Commission may was one of the most extraordinary men receive travel expenses, including per diem appoint a Director and such additional per- of the extraordinary generation that in lieu of subsistence, in accordance with ap- sonnel as the Commission considers to be ap- founded the United States. Both here plicable provisions under subchapter I of propriate. and abroad, he remains one of the best- chapter 57 of title 5, United States Code. (b) APPLICABILITY OF CERTAIN CIVIL SERV- (i) QUORUM.—Five members of the Commis- ICE LAWS.—The Director and staff of the known Americans who ever lived. sion shall constitute a quorum, but a lesser Commission may be appointed without re- Mr. Speaker, it is impossible in the number may hold hearings. gard to the provisions of title 5, United short time allotted for debate on this (j) CHAIR.—The Commission shall select a States Code, governing appointments in the bill to fully recount Benjamin Frank- Chair from among the members of the Com- competitive service, and may be paid with- lin’s achievements and his contribu- mission. out regard to the provisions of chapter 51 and tions to our Nation. The tenth son, and (k) MEETINGS.—The Commission shall meet subchapter III of chapter 53 of that title re- at the call of the Chair. lating to classification and General Schedule the fifteenth of the 17 children fathered SEC. 6. ORGANIZATION. pay rates. by Josiah Franklin, a Boston soap and (a) HONORARY MEMBERS.—The President— SEC. 9. REPORTS. candlemaker, Benjamin Franklin be- (1) shall serve as an honorary, nonvoting (a) INTERIM REPORTS.—The Commission came one of the most illustrious men member of the Commission; and shall submit to the Congress such interim re- of his age. He was the only American (2) may invite the President of France and ports as the Commission considers to be ap- to sign all five enabling documents of the Prime Minister of the United Kingdom to propriate. the United States. (b) FINAL REPORT.—The Commission shall serve as honorary, nonvoting members of the The achievements of this largely self- Commission. submit a final report to the Congress not (b) ADVISORY COMMITTEE.—The Commis- later than January 16, 2007. The final report educated man included his literary sion shall form an advisory committee, to be shall contain— work; his creation of philanthropic and composed of representatives of the major ex- (1) a detailed statement of the activities of educational institutions, including tant institutions founded by or dedicated to the Commission; and what became the University of Penn- Benjamin Franklin, including the following: (2) any other information that the Com- sylvania; his scientific explorations; (1) The Executive Director of the American mission considers to be appropriate. and his service to the Nation as a Philosophical Society. SEC. 10. TERMINATION. statesman and diplomat. (2) The President of the Franklin Institute. The Commission shall terminate 120 days (3) The Librarian of the Library Company. after submitting its final report pursuant to Almost all Americans are familiar (4) The Director and Chief Executive Offi- section 9(b). with Franklin’s Poor Richard’s cer of the Philadelphia Museum of Art. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. Almanack, and such pithy sayings as (5) The President of the University of There are authorized to be appropriated ‘‘A penny saved is a penny earned.’’ We Pennsylvania. $500,000 for the period of fiscal years 2002 all know about his famous kite-flying (c) ADMINISTRATIVE SECRETARIAT.—The through 2007 to carry out this Act, to remain experiment. Commission shall seek to enter into an ar- available until expended. But Benjamin Franklin was also a rangement with the Franklin Institute of The SPEAKER pro tempore. Pursu- Philadelphia, Pennsylvania, under which the prolific inventor. He invented bifocals; Institute shall do the following: ant to the rule, the gentlewoman from a catheter; the Franklin stove; a musi- (1) Serve as the secretariat of the Commis- Virginia (Mrs. JO ANN DAVIS) and the cal instrument, the glass harmonica; sion, including by serving as the point of gentleman from Illinois (Mr. DAVIS) the lightning rod; and the odometer. contact under section 4(b). each will control 20 minutes. Franklin also founded the first fire (2) House the administrative offices of the The Chair recognizes the gentle- department, and he established the Commission. woman from Virginia (Mrs. JO ANN first fire insurance company. SEC. 7. POWERS. DAVIS). (a) HEARINGS AND SESSIONS.—The Commis- Franklin’s political contributions to GENERAL LEAVE the Nation were also invaluable. To sion may, for the purpose of carrying out Mrs. JO ANN DAVIS of Virginia. Mr. this Act, hold such hearings, sit and act at take just a few, Mr. Speaker, Franklin Speaker, I ask unanimous consent that such times and places, take such testimony, participated in drafting the Declara- all Members may have 5 legislative and receive such evidence as the Commission tion of Independence. The Articles of days within which to revise and extend considers appropriate. Confederation in Perpetual Union that OWERS OF EMBERS AND GENTS their remarks on H.R. 2362, as amend- (b) P M A .—Any he submitted to the Second Conti- member or agent of the Commission may, if ed. nental Congress eventually served as a authorized by the Commission, take any ac- The SPEAKER pro tempore. Is there model for our first Constitution, the tion that the Commission is authorized to objection to the request of the gentle- Articles of Confederation. take by this Act. woman from Virginia? (c) OBTAINING OFFICIAL DATA.—The Com- There was no objection. The secret committee that Franklin mission may secure directly from any de- Mrs. JO ANN DAVIS of Virginia. Mr. established at the request of the Sec- partment or agency of the United States in- ond Congress to gain foreign support formation necessary to enable the Commis- Speaker, I yield myself such time as I sion to carry out this Act. Upon request of may consume. for America’s fight for independence the Chair of the Commission, the head of Mr. Speaker, I commend the distin- eventually evolved into the State De- that department or agency shall furnish that guished gentleman from Pennsylvania partment. information to the Commission. (Mr. BORSKI) for introducing H.R. 2362. During the Revolutionary War, Ben- (d) MAILS.—The Commission may use the H.R. 2362 establishes a Benjamin jamin Franklin himself represented the United States mails in the same manner and Franklin Tercentenary Commission. fledgling Nation in France. In recogni- under the same conditions as other depart- This 15-member Commission will be tion of Franklin’s diplomatic work ments and agencies of the United States. (e) ADMINISTRATIVE SUPPORT SERVICES.— charged with studying and recom- both before and during the Revolu- Upon the request of the Commission, the Ad- mending to Congress activities it con- tionary War, this bill permits the ministrator of General Services shall provide siders most fitting and proper to honor President to invite the President of to the Commission, on a reimbursable basis, Benjamin Franklin. France and the Prime Minister of the

VerDate 13-OCT-2001 04:29 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.005 pfrm01 PsN: H30PT1 H7374 CONGRESSIONAL RECORD — HOUSE October 30, 2001 United Kingdom to serve as honorary to recommend to Congress activities to the Declaration of Independence, and nonvoting members of the Commission. celebrate the 300th anniversary of the presiding at the Constitutional Con- Mr. Speaker, everyone in the United birth of Benjamin Franklin. His words vention. States can benefit from studying the and deeds are part of our history, but In 1801, President Thomas Jefferson remarkable life of Benjamin Franklin will help us to overcome the challenges stated that ‘‘Ben Franklin was the and gaining a deeper appreciation of we face today and are sure to face to- greatest man, an ornament of the age his legacy to the Nation. morrow. and country in which he lived. This fa- For this reason, Mr. Speaker, I urge Mr. Speaker, I yield such time as he ther of American liberties became the all Members to support this important may consume to the gentleman from object of general respect and love.’’ legislation. Pennsylvania (Mr. BORSKI). H. W. Brands, a celebrated historian, Mr. Speaker, I reserve the balance of (Mr. BORSKI asked and was given in his most recent book, The First my time. permission to revise and extend his re- American—The Life and Times of Ben- Mr. DAVIS of Illinois. Mr. Speaker, I marks.) jamin Franklin, compliments Presi- yield myself such time as I may con- Mr. BORSKI. Mr. Speaker, let me dent Jefferson’s statement with his sume. first thank the distinguished gen- words that ‘‘His ingenuity would not Mr. Speaker, first of all, let me com- tleman from Illinois (Mr. DAVIS) for die with him, nor his concern for his mend and congratulate the gentleman yielding me this time. fellow citizens.’’ from Pennsylvania (Mr. BORSKI) for I also want to commend the leader- During the wake of the Revolu- putting forth this resolution. I think it ship of the floor manager, the gentle- tionary War, in Paris during the war is not only timely, but absolutely im- woman from Virginia (Mrs. JO ANN and peace negotiations, at the Con- portant. DAVIS), for her leadership. stitutional Convention back in Phila- Mr. Speaker, during the Revolu- I also want to take a moment to tionary War, Ben Franklin was quoted delphia, Mr. Franklin served his new thank the chairman of the sub- country with unsurpassed energy, de- as saying, ‘‘They that can give up es- committee, the gentleman from Penn- sential liberty to obtain a little tem- votion, and skill. In the eyes of much sylvania (Mr. WELDON), and particu- porary safety deserve neither liberty of Europe, Mr. Franklin was America. larly thank the chairman of the full Not only did Franklin make a signifi- nor safety.’’ committee, the gentleman from Indi- Ben Franklin’s words have new cant contribution to the establishment ana (Mr. BURTON), for his guidance in meaning today as America engages in a of our Republic, but also, as H.W. bringing this bill to the floor. war against terrorism and those who Brands penned, ‘‘He sought knowledge Mr. Speaker, I rise in strong support would strip us of our liberty and free- not for his own sake, but for human- of H.R. 2362, the Benjamin Franklin dom by threatening our safety. ity’s. His passion for virtue reflected Though Benjamin Franklin stands Tercentenary Commission Act. This not hope of heaven, but faith in his fel- tall among a small group of men we legislation would properly pay tribute low mortals.’’ call our Founding Fathers, he identi- to a Founding Father, statesman, in- Mr. Speaker, I urge support for this fied with the ordinary citizen and ventor, and philosopher on January 17, legislation. I want to note that it was strived to make their lives better. 2006, the 300th anniversary of his birth. cosponsored by the entire Pennsyl- He served as postmaster, helping to Benjamin Franklin is truly one of our vania congressional delegation, as well set up the postal system in Philadel- Nation’s great citizens. as all the members of the Massachu- phia, a system that is today being chal- This bill would establish a commis- setts delegation, and I urge support of lenged by biochemical terror attacks. sion to study and recommend govern- this resolution. In order to make Philadelphia a safer ment activities to honor Benjamin Mr. DAVIS of Illinois. Mr. Speaker, I city, Mr. Franklin started the Union Franklin on his 300th birthday, includ- yield myself such time as I may con- Fire Company in 1736. Those who ing the minting of a coin and sponsor- sume. joined the Union Fire Company in 1736 ship of a high school and collegiate Mr. Speaker, I would simply urge had the same mission as the brave men essay contest concerning the life and passage of this bill, and add that Ben- and women who ran to their deaths to legacy of Benjamin Franklin. jamin Franklin is probably the most save lives in two Twin Towers that Additionally, this legislation would quoted of all Americans who ever lived. were ablaze in New York City on Sep- serve as a contact point for State, I grew up in a family where both my tember 11. local, international, and private sector mother and father were great Benjamin Benjamin Franklin knew all about initiatives. Franklin fans. They would put us to liberty and freedom. He helped write H.R. 2362 would seek to have the bed at night and make us go to sleep the Declaration of Independence and Franklin Institute of Philadelphia, early and by saying ‘‘Benjamin Frank- the Constitution. which was founded under Mr. Frank- lin said, ’Early to bed and early to rise He was the only person to have lin’s bequest, and is the most fre- makes a man healthy, wealthy, and signed all four of the documents which quently visited museum in the Com- wise.’’’ helped to create the United States: the monwealth of Pennsylvania, serve as Mr. Speaker, I yield back the balance Declaration of Independence, 1776; the the Secretariat of the Commission and of my time. Treaty of Alliance, Amity, and Com- house the Commission’s administrative b 1530 merce with France, 1778; the Treaty of offices. Peace between England, France, and Mr. Speaker, without question, this Mrs. JO ANN DAVIS of Virginia. Mr. the United States, 1782; and the Con- legislation would hallmark the admira- Speaker, I would like to thank the gen- stitution, in 1787. tion we have for Mr. Franklin, who was tleman from Indiana (Mr. BURTON) and What would he say about the terror considered a citizen of the world, a the gentleman from Pennsylvania (Mr. attacks that threaten the very founda- friend to all, and an enemy to none. WELDON) for expediting this bill. tion of our country and his and our be- Mr. Franklin’s accomplishments in- Mr. Speaker, I yield back the balance liefs? clude founding the Pennsylvania Ga- of my time. At the signing of the Declaration of zette, founding the Nation’s first li- The SPEAKER pro tempore (Mr. Independence on July 4, 1776, Benjamin brary, founding the first volunteer fire PETRI). The question is on the motion Franklin stated: ‘‘We must all hang to- brigade; serving as Philadelphia’s post- offered by the gentlewoman from Vir- gether, or assuredly we shall all hang master, and later as Postmaster Gen- ginia (Mrs. JO ANN DAVIS) that the separately.’’ In these trying and chal- eral of the American Colonies; pro- House suspend the rules and pass the lenging times, we must all hang to- posing the creation of the University of bill, H.R. 2362, as amended. gether as Americans, as people who re- Pennsylvania; performing the first The question was taken; and (two- spect the differences of others, as peo- kite-flying experiment, which led to thirds having voted in favor thereof) ple who believe in life, liberty, and the the evolution of electricity; estab- the rules were suspended and the bill, pursuit of happiness. lishing the first fire insurance com- as amended, was passed. I urge my colleagues to support H.R. pany; and, of course, Mr. Speaker, serv- A motion to reconsider was laid on 2352, which will establish a Commission ing the Continental Congress, signing the table.

VerDate 13-OCT-2001 03:20 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.031 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7375 NORMAN SISISKY POST OFFICE his untimely death in March of this Norm Sisisky was a hard-working BUILDING year. During his 18 years on Capitol colleague and a dedicated public serv- Mrs. JO ANN DAVIS of Virginia. Mr. Hill, Norman Sisisky compiled a mod- ant. I think we should also say he was, Speaker, I move to suspend the rules erate voting record. In fact, he was one too, a very witty, urbane and engaging and pass the bill (H.R. 2910) to des- of the first members of the conserv- friend to so many of us. And in addi- ignate the facility of the United States ative Blue Dog Coalition. tion to his public service, we miss his Postal Service located at 3131 South He often worked across the aisle to friendship. He leaves a great legacy to Crater Road in Petersburg, Virginia, as achieve what he believed best for the the people of Virginia and to our entire American people. Few were more effec- the ‘‘Norman Sisisky Post Office Build- Nation. tive, especially in matters of national ing’’. I commend my colleague, the gen- The Clerk read as follows: defense. He was the second ranking tleman from Virginia (Mr. FORBES), Democrat on the Committee on Armed H.R. 2910 and all of the Virginia Congressional Services and was widely praised for his Delegation. And it is not just confined Be it enacted by the Senate and House of Rep- devotion to military and defense resentatives of the United States of America in to Virginia. We have the gentleman Congress assembled, issues. from Maryland (Mr. HOYER) speaking. Among the other numerous high- SECTION 1. NORMAN SISISKY POST OFFICE It should be said that Norm was one of BUILDING. lights of his distinguished career was the best-liked Members of this body. I (a) DESIGNATION.—The facility of the the passage of a balanced budget. urge swift passage of this bill, and I United States Postal Service located at 3131 Mr. Speaker, Norman Sisisky left trust it will be unanimous. This is one South Crater Road in Petersburg, Virginia, many friends and admirers in this small way of remembering Norm Sisi- shall be known and designated as the ‘‘Nor- House. He has been rightly remembered man Sisisky Post Office Building’’. sky. as a bridge between the parties and for Mr. Speaker, I reserve the balance of (b) REFERENCES.—Any reference in a law, his sense of humor. I urge all Member map, regulation, document, paper, or other my time. to support this important legislation. Mrs. JO ANN DAVIS of Virginia. Mr. record of the United States to the facility re- Mr. Speaker, I reserve the balance of ferred to in subsection (a) shall be deemed to Speaker, I yield the balance of my time my time. be a reference to the Norman Sisisky Post to the distinguished sponsor of this Office Building. Mr. MORAN of Virginia. Mr. Speak- er, I yield myself such time as I may bill, the gentleman from Virginia (Mr. The SPEAKER pro tempore. Pursu- consume. FORBES), and I ask unanimous consent ant to the rule, the gentlewoman from Mr. Speaker, as a former Member of that he be permitted to control that Virginia (Mrs. JO ANN DAVIS) and the the Committee on Government Reform, time. gentleman from Virginia (Mr. MORAN) I am very happy to join my colleague The SPEAKER pro tempore. Is there each will control 20 minutes. in the consideration of H.R. 2910, intro- objection to the request of the gentle- The Chair recognizes the gentle- duced by the gentleman from Virginia woman from Virginia? woman from Virginia (Mrs. JO ANN There was no objection. (Mr. FORBES). It has met the com- DAVIS). mittee co-sponsorship requirement and Mr. FORBES. Mr. Speaker, I yield GENERAL LEAVE is supported by the entire Virginia myself such time as I may consume. Mrs. JO ANN DAVIS of Virginia. Mr. Congressional delegation. Mr. Speaker, I rise today to pay trib- Speaker, I ask unanimous consent that Norman grew up in Richmond, Vir- ute to one of our former colleagues, all Members may have 5 legislative ginia, served honorably in the Navy Norman Sisisky, the late Congressman days within which to revise and extend during World War II. He graduated from the Fourth District of Virginia. their remarks on the bill, H.R. 2910. from Virginia Commonwealth Univer- Congressman Sisisky passed away The SPEAKER pro tempore. Is there sity, became a successful businessman earlier this year having lived a rich life objection to the request of the gentle- as president of the Pepsi-Cola Bottling of public service and loving commit- woman from Virginia? Company of Petersburg where he lead ment to his family. He served his Na- There was no objection. what was a small business to one of the tion during World War II as a veteran Mrs. JO ANN DAVIS of Virginia. Mr. largest and most profitable in the of the U.S. Navy. He went on to serve Speaker, I yield myself such time as I South. Virginia in the House of Delegates for may consume. Norm Sisisky served in Virginia’s 8 years. During his tenure there, his Mr. Speaker, I rise in strong support General Assembly representing Peters- dedication to improving the lives of of H.R. 2910. I commend my good friend burg, Virginia. After serving five terms children earned him the Outstanding and fellow Virginian, the gentleman in the assembly, he was elected to U.S. Service to Children in Virginia Award from Virginia (Mr. FORBES), for intro- Congress where he represented Vir- in 1978. He served the citizens of both ducing this measure to honor his dis- ginia’s Fourth Congressional District the Commonwealth and the Nation by tinguished predecessor, the late Con- until his untimely death in March of representing the people of Virginia’s gressman Norman Sisisky. this year. Fourth District for more than 18 years H.R. 2910 honors Norman Sisisky’s Norman Sisisky served as a senior in the United States Congress. service to his district, his State and his member of the Committee on Armed Norman Sisisky was well respected country by designating the post office Services and ranking member of the by Members from both sides of the located at 3131 South Crater Road in Subcommittee on Military Procure- aisle, gaining a reputation as a person- Petersburg, Virginia as the ‘‘Norman ment. He was always a strong defender able man with a keen interest in and Sisisky Post Office Building.’’ This bill and advocate of the armed services, knowledge of national security issues. has the strong support of all Members and I know he will be particularly In fact, he is best remembered for his of the Virginia delegation. missed in that area. He already has service on the Committee on Armed Although born in Baltimore, Mary- been. Services where he helped to shepherd land, Norman Sisisky grew up in Rich- He was a member of the Sub- through years of bipartisan legislation mond, Virginia. He graduated from Vir- committee on Military Readiness and to improve the lives of men and women ginia Commonwealth University in the Panel on Military Morale, Welfare who wear the uniform that he once 1949. Following a brief stint in the and Recreation. He knew the impor- wore. Navy, he became president of the tance of maintaining a strong military. Norman Sisisky was a life-long Vir- Pepsi-Cola Bottling Company of Pe- He will always be remembered for ginian, born in Richmond and later set- tersburg, Virginia. Under his leader- standing behind our military families tling nearby in Petersburg. ship, that company became one of the and veterans. He was also one of the He attended college at Virginia Com- largest soft drink bottling operations most effective advocates in Congress monwealth University, where he in the South. for a strong Navy, particularly, and its earned a degree in business administra- From 1973 to 1982, Norman served in ship building program at Newport tion. He built an outstanding career in the Virginia House of Delegates. In News. Throughout his career in public soft drink bottling as president and 1982, he was elected to the House of service, he helped in a substantial way owner of the Pepsi-Cola Bottling Com- Representatives where he served until in making our military second to none. pany of Petersburg and chairman of

VerDate 13-OCT-2001 04:29 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.038 pfrm01 PsN: H30PT1 H7376 CONGRESSIONAL RECORD — HOUSE October 30, 2001 the board of the National Soft Drink curement and also served as a member protectors of our national security. Association. of the Subcommittee on Military Read- Norman was the ranking member of Norman and his wife, Rhoda, had four iness and Subcommittee on Morale, the Subcommittee on Military Pro- sons and later seven grandchildren. Welfare and Recreation. He worked curement and also served on the Sub- They are a living and gracious legacy diligently to ensure that our Nation’s committee on Military Readiness and to Norman’s life, just as the work he military was second to none. the Panel on Morale, Welfare, and did here is a legacy to his career in Due to his efforts, Newport News Recreation. The American men and public service. Shipbuilding has remained a world women in the military had no finer Today, we join together to recognize leader; and we have been able to con- friend than Norman Sisisky. No matter those legacies by dedicating the facil- tinue to excel in nuclear aircraft car- what their rank, from the lowest rank ity of the United States postal service rier and submarine construction. to the highest rank, Norman was their at 3131 South Crater Road in Peters- When Virginia’s military facilities friend. burg, Virginia, as the Norman Sisisky came under threat of being closed dur- Also, Norman was instrumental in Post Office Building. Though he spent ing the base closings of the 1990s, Con- working to get the funding to build the much time in Washington and trav- gressman Sisisky successfully pro- newest aircraft carrier, U.S.S. Ronald eling the fourth district to represent tected Fort Lee, Norfolk Naval Ship- Reagan, which was recently christened. his constituents, his home was in Pe- yard, and other bases in Virginia that He worked tirelessly as an advocate tersburg; and it is fitting that this have been critical to the readiness of for production of shipbuilding to building bear his name. our Armed Forces. strengthen our national defense, and it I want to thank the gentleman from Mr. Speaker, it is, therefore, fitting is appropriate that we honor his dedi- Illinois (Mr. HASTERT), the Speaker; that a private man that worked so tire- cation to improving our defense and in- the gentleman from Texas (Mr. lessly behind the scenes, without the telligence resources, especially in light ARMEY), the majority leader; and the need for fanfare and accolades, should of recent events with regard to what is gentleman from Indiana (Mr. BURTON), now be honored today as the Norman taking place in the country. the chairman of the Committee on Sisisky Post Office serves the public. This Congress is honoring a very Government Reform, for helping to We will be reminded of his driving spir- faithful servant and a wonderful man. bring this tribute to the floor so quick- it and tireless commitment to public Our lives have been forever enriched by ly; and I would like to thank my col- service. having Norman Sisisky as our friend leagues, particularly in the Virginia Therefore, Mr. Speaker, I urge my and colleague. Norman lived his life to delegation, for joining me as cospon- colleagues to support this bill. With the fullest. He had a great time, great sors of this resolution and for speaking this designation of a post office in sense of humor. He was hardworking on its behalf on the floor. honor of Norman Sisisky, we will say a and friendly and was a Member who Mr. Speaker, I urge my colleagues to job well done. truly worked in a bipartisan way by support this resolution and honor the Mr. FORBES. Mr. Speaker, I yield 4 reaching across the aisle to work in the memory of the late Congressman Nor- minutes to my distinguished colleague, best interests of America. It was a man Sisisky. the gentleman from Virginia (Mr. privilege to work with Norman for 18 Mr. Speaker, I reserve the balance of WOLF). years and to work with him in the Vir- my time. (Mr. WOLF asked and was given per- ginia delegation on issues of impor- Mr. MORAN of Virginia. Mr. Speak- mission to revise and extend his re- tance, not only to the State of Virginia er, I yield such time as he may want to marks.) but to the Nation. consume to the gentleman from Vir- Mr. WOLF. Mr. Speaker, I want to b 1545 ginia (Mr. SCOTT), Norman’s next door thank the gentleman from Virginia neighbor. (Mr. FORBES) for bringing this legisla- Norm Sisisky’s commitment and de- Mr. SCOTT. Mr. Speaker, I thank the tion to the floor of the House. votion to public service is deserving of gentleman for yielding the time. It is very appropriate that we honor recognition and it is appropriate that It is with great pleasure that I rise in Congressman Norman Sisisky, who will the postal building at 3131 South Cra- support of H.R. 2910, to designate a post always be remembered as a true gen- ter Road in Petersburg, Virginia, be re- office in honor of my friend and distin- tleman, a dedicated public servant. He named in his honor. guished colleague, the late Norman was a good person. He was a good fa- Again, I want to thank the gen- Sisisky. ther. He was a good husband, and in the tleman from Virginia (Mr. FORBES) for President John F. Kennedy once said: delegation we could not have been clos- bringing this to the floor, and let Nor- ‘‘A Nation reveals itself not only by er. man know, as he is I am sure watching the men it produces but also by the I see the gentleman from Virginia somewhere, that we do miss him very, men it honors, the men it remembers.’’ (Mr. MORAN); and I would ask the gen- very much. While the news of Norman’s death was tleman if he remembers at our delega- Mr. Speaker, I appreciate my colleagues on met by great sadness by all of those tion lunches, it was Norman that would the Government Reform Committee in bringing who knew him, the legacy of his life always make us laugh, that would al- this legislation to the floor to designate a U.S. and his accomplishments are to be ac- ways have that witty comment and postal building in Petersburg, Virginia, to knowledged, revered and celebrated. somebody who could reach across the honor the late Congressman Norman Sisisky, I knew Norman for almost 25 years. aisle in a way that really very few who served Virginia’s Fourth Congressional For 5 of those years, we served to- Members can. district for nine terms. gether in the Virginia House of Dele- His public service career began when It is appropriate that we honor Congress- gates. We served together here in the he was elected, as was said, a member man Sisisky, who will always be remembered House of Representatives for over 8 of the House of Delegates in 1973 rep- as a true gentleman and dedicated public years. During that time, I had the resenting Petersburg. He served for five servant. honor to represent a district adjacent terms in the Virginia General Assem- Norman Sisisky was born June 9, 1927, and to his in southeast Virginia. The prox- bly before being elected to Congress in graduated from John Marshall High in Rich- imity of our districts allowed us to 1982, and it was when I first met him. mond, Virginia. He joined the Navy after high work side by side on many issues; and Norman, like another of our late Vir- school and served through World War II until as a result, we became close, and our ginia colleagues, Herb Bateman, was a 1946. He graduated from Virginia Common- staffs in Washington and our district senior member on the House Com- wealth University in 1949 with a degree in offices also became close associates. mittee on Armed Services. In fact, he business administration. The Fourth Congressional District, and Bateman, Sisisky and Bateman, Norm’s work as a public official was un- all of Virginia, the entire Nation, were worked hand in glove on so many doubtedly strengthened by his success in the all well served by Norman’s leadership issues with regard to their portion of private sector. After graduating he transformed on the House Committee on Armed the State and so many issues with re- a small Pepsi bottling company in Petersburg, Services. He was the ranking member gard to the national defense. From Virginia, into a highly successful distributor of on the Subcommittee on Military Pro- their vantage point, they both were soft drinks throughout Southside Virginia.

VerDate 13-OCT-2001 03:20 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 9920 E:\CR\FM\K30OC7.040 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7377 His public service career began when he priate that the gentleman from Vir- office had proposed putting E. Michael was elected as delegate to the Virginia House ginia (Mr. FORBES) introduced this res- Roll’s name in place of United States. of Delegates in 1973 representing Petersburg. olution to honor his predecessor. They I told them that E. Michael Roll would He served five terms in the Virginia General come from different parties, but they roll over in his grave if he knew his Assembly before being elected to Congress in come from the same State, the same name was replacing the name of the 1982. region, and the same district, and the country that he loved so deeply. Norman, like another of our late Virginia col- gentleman from Virginia (Mr. FORBES) So I would suggest that perhaps rath- leagues, Herb Bateman, was a senior member knows full well of the affection and re- er than name this post office the Norm on the House Armed Services Committee and spect with which Mr. Sisisky was held Sisisky Post Office Building, that we from that vantage point was a protector of our in his district. name it the Norm Sisisky United national security. He was the ranking member Norm Sisisky, some of my colleagues States Post Office as the official name of the subcommittee on military procurement, may not know, was born in Baltimore, of the place. and also served on the subcommittee on mili- Maryland, in 1927. His parents had But to get back to Norm Sisisky, al- tary readiness and the panel on morale, wel- come from Lithuania; emigrated to though we are talking about an appro- fare, and recreation. this country. When Norm was a very priate act which need not be debated, Before his untimely passing this past March, young boy, his family moved to Vir- we are talking about an individual he had been appointed to the House Perma- ginia. He grew up in Richmond and, whom this body is poorer for having nent Select Committee on Intelligence. Nor- after he graduated from high school, he lost. Born on June 9, 1927, he died on man was also a member of the ‘‘Blue Dog’’ enlisted in the Navy for the final years March 29 of this year. He died too soon. coalition in the 104th through the 107th Con- of World War II. He was very young. He It could be said, of course, that perhaps gresses and led bipartisan efforts through that enlisted at almost his first oppor- all of us die too soon, but we particu- work. Norman was instrumental in working to tunity, as soon as he graduated from larly miss Norm Sisisky who was an get funding to build the newest aircraft carrier, high school. expert on not only national defense but USS Ronald Reagan, which was recently After completing his naval service, on national intelligence. He served on christened. Norm graduated from Virginia Com- our Permanent Select Committee on He worked tirelessly as an advocate for pro- monwealth University. History would duction of shipbuilding and strengthening our Intelligence. prove that his service to the Navy in He was a quiet man, not bombastic, national defense. It is appropriate that we World War II did not end until his honor his dedication to improving our defense not rhetorical, not subject to self-ag- death, for the Navy had no better grandizement or self-promotion. He and intelligence resources, especially in light friend than Norm Sisisky. Indeed, the of recent events and our new attention to was a man of substance. He was a man Armed Services of America, the de- of commitment. He was a man of great these priorities. fense of our Nation, the defense of free- He presented with pride Virginia’s Fourth intellect. He was a man of great en- dom throughout this world had no bet- Congressional District in the southeastern cor- ergy. And he worked extraordinarily ter friend nor more tenacious supporter ner of the Commonwealth, the home of the hard to make sure that America was than Norm Sisisky. strong, that we tended to our military, First Permanent English Settlement in North When he graduated from college and and that we made sure our intelligence America, and today the home of one of the completed his naval service, he entered was the best that it could be. How largest concentrations of military power in the into the soft drink bottling distribu- world. deeply in this time of trouble that con- tion business. He bought a small dis- This Congress is honoring a faithful servant fronts America today do we miss Norm tribution plant that he then built into and wonderful man, and our lives are forever Sisisky. a giant distribution plant and was so enriched for having had Norman Sisisky as I am proud to rise on behalf of this respected by his colleagues that he be- our friend and colleague. Norman lived his life legislation because, as was quoted ear- came the President of the National to the fullest. He was hard-working and friend- lier in talking about Ben Franklin and ly and he was a member who truly worked in Soft Drink Association. Norm Sisisky was a man of faith, ac- quoting John Kennedy, a nation is a bipartisan way. He reached across the aisle tive in his synagogue and in many Jew- known by the men and women that it to work for the best interests of America. It ish organizations. Indeed, he served as honors. It is absolutely appropriate was a privilege to serve with him the over 18 that we honor Norm Sisisky; that we years he was in Congress and to work with president of his congregation. Norm and his wife, the former Rhoda Brown, lament his loss, but glory in the serv- him in the Virginia delegation on issues of im- ice that he gave to this institution and portance to our state and union. had four sons, Mark, Terry, Richard and Stuart, and seven grandchildren. to this country that he loved. Congressman Sisisky’s commitment and de- I ask all of us, as we vote on this leg- votion to public service is deserving of rec- Norm and Rhoda were and are extraor- dinarily proud of those four sons and islation later today, to remember that ognition, and it is appropriate that the postal contribution and perhaps to once again building at 131 South Crater Road in Peters- those seven grandchildren, and I know they will be proud to point to this post send a note or make a call to Rhoda burg, Virginia, he renamed in his honor. I urge and tell her we share her loss, not as our colleagues to join me in supporting this office that will be named for Norm Sisisky. poignantly, not as personally, but as legislation to honor his former member for his his colleagues we share her loss, the dedicated public service. By the way, let me, as an aside, make Mr. MORAN of Virginia. Mr. Speak- a suggestion. The first bill that I loss of her sons, the loss of the grand- er, I yield such time as he may con- passed as a Member of this House was children, and the loss of the great Com- sume to the honorable and very distin- to name the District Heights Post Of- monwealth of Virginia. guished gentleman from Maryland (Mr. fice for E. Michael Roll, who had been Mr. FORBES. Mr. Speaker, I yield 2 HOYER). the mayor of the town in which I lived minutes to the distinguished gen- Mr. HOYER. Mr. Speaker, I was for over 20 years. And I can remember tleman from Virginia (Mr. SCHROCK). elected to the House in 1981 in a special as a young kid, the town was small Mr. SCHROCK. Mr. Speaker, I thank election. I came here in early June, so enough that the mayor would get on the gentleman for yielding me this I had been here some 18 months before you if you were not riding your bike in time, and it is my pleasure to rise Norm Sisisky was sworn in in January the proper place or he saw you throw today in support of H.R. 2910, being of 1983 to the House of Representatives. an ice cream wrapper on the street or brought to us by the gentleman from But because Virginia and Maryland are something of that nature. Mr. Roll had Virginia (Mr. FORBES), which will members of the same organizational recently died, and I was so pleased to honor our good friend Congressman region for our caucus, and because introduce a bill to honor him by nam- Norm Sisisky. Norm and I had a number of interests ing the post office after him. The location of the post office in Pe- in common, we became very good When they went out to the District tersburg, Virginia, bearing Norm’s friends. I am pleased, therefore, to rise Heights Post Office, and this is what I name is quite fitting. Norm rep- on behalf of this legislation. want my Virginia friends to hear, they resented the people of Petersburg for This legislation, of course, will pass were going to take off the words almost 28 years, as a member of the unanimously, as it should. It is appro- ‘‘United States Post Office.’’ The post Virginia General Assembly for 10 years,

VerDate 13-OCT-2001 03:20 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.012 pfrm01 PsN: H30PT1 H7378 CONGRESSIONAL RECORD — HOUSE October 30, 2001 and as a member of this body rep- money.’’ He went on to explain that while he Post Office Building Designation Act. I am resenting Virginia’s Fourth Congres- was supportive of ESDP, his support was con- honored today to pay tribute to Norman Sisi- sional District from 1983 until earlier ditional on the need for our European NATO sky, who was a colleague and familiar figure this year. allies to increase their own defense budgets to in Virginia politics for many years. It is fitting Congressman Sisisky served America meet not only ESDP requirements, but more and proper that we should honor Norman in World War II and brought this expe- importantly their NATO requirements. The today on the floor of this House where he rience to Congress. Norm became a sen- House NATO PA delegation was certainly acted so honorably as a public servant since ior member of the House Committee on proud of Norm Sisisky’s blunt and forceful re- he was elected to Congress in 1982 until his Armed Services where he became a marks, as Norm Sisisky wasn’t one for beating death earlier this year. champion of our military and veterans around the bush nor for talking just to talk— Norman Sisisky spent a lifetime serving Vir- issues. Norm was the ranking member when Norm spoke we all listened. ginia and the United States, and we are all of the Subcommittee on Military Pro- This was just one of the many examples of deeply indebted to this distinguished Virginia curement and also served on the Mo- Norm Sisisky’s keen knowledge of national de- gentleman. Norman first displayed his love for rale, Welfare and Recreation Panel. He fense matters and his forceful personality. This this country when he enlisted in the Navy as took the lead in protecting Virginia’s Member had great respect and appreciation a young man during World War II. His time in naval and military facilities and was for him as a person and as a congressional the Navy, though short, left a lasting impres- an ardent defender of our national de- colleague. He was one of this Member’s favor- sion and he never forgot that we must dili- fense, but worked at the same time to ite people and we all miss him greatly! There- gently tend to the needs of the men and ensure that military spending decisions fore, this Member supports the naming of the women serving in the military. strike the proper balance between stra- Post Office Building in Petersburg, Virginia, At the conclusion of the war, he became a tegic necessity and fiscal prudence. the ‘‘Norman Sisisky Post Office Building’’. It successful businessman and well known His record of distinguished service to certainly is a honor well-deserved which this throughout the business community for trans- our country and to the people of the Member strongly urges his colleagues to sup- forming a small bottling company into a highly Commonwealth of Virginia dem- port. successful soft drink distributor. His business onstrates to us all his commitment to Mr. TOM DAVIS of Virginia. Mr. Speaker, I background and creative thinking proved in- the values and principles of freedom rise today to pay tribute to my friend and col- valuable when he later decided to enter elec- and public service. This facility we are league from Virginia, Norm Sisisky, who tive politics. Norman served in the Virginia naming today will remind us of his served this body with dignity, honor and ex- General Assembly for several years before dedication to our country and to the treme dedication since 1983. being elected to the House of Representatives Commonwealth of Virginia, and I urge Norm was a true gentleman and a great pa- in 1982. Here in Washington, Norman was my colleagues to support this legisla- triot. I will never forget his kind and valuable known as a staunch defender of our national tion. tutelage when I first came to Congress, nor security and worked tirelessly on behalf of the Mr. BEREUTER. Mr. Speaker, this Member will I forget how he demonstrated to all of us men and women who serve our nation in the rises today to express his very strong support the importance of caring more about doing military. for H.R. 2910, the Norman Sisisky Post Office good than getting credit. He certainly earned Norman was particularly effective in building Building Designation Act of 2001, which des- his reputation as a hard worker and skilled ne- coalitions in support for key programs and ignates the facility of the United States Postal gotiator. reaching across the aisle on matters of impor- Service located at 3131 South Crater Road in The son of Lithuanian immigrants, Norm tance to Virginians. From ensuring adequate Petersburg, Virginia, as the ‘‘Norman Sisisky was born in Baltimore. The family moved dur- funding for aircraft carriers and submarines to Post Office Building.’’ ing the Depression to Richmond, Virginia modernizing our weapons systems, he was an This Member would like to thank the main where he grew up. Upon graduating from John ardent voice on the Armed Services Com- sponsor of H.R. 2910, the distinguished gen- Marshall High School, he enlisted in the Navy mittee and an ally of every person who wears tleman from Virginia [Rep. RANDY FORBES]; during World War II, serving through the end the uniform of the United States. the rest of the Virginia congressional delega- of 1946. Norm described himself as a self- In his District, and throughout Virginia, his tion; the Chairman of the House Committee on made businessman, turning a local soft-drink reputation as an outstanding Member of Con- Government Reform the distinguished gen- company into one of the most successful gress was unparalleled. His legacy of con- tleman from Indiana [Mr. DAN BURTON]; and Pepsi-Cola distributorships in the country at stituent service, consensus building and self- the Ranking Member of the Committee, the the time. less service is a model for all Members of distinguished gentleman from California [Mr. During his ten years in Congress, Norm se- Congress. HENRY WAXMAN] for their instrumental role in cured committee assignments that paid great The people of the Fourth District, the Com- bringing H.R. 2910 to the House Floor. dividends to the residents and businesses in monwealth of Virginia and the United States of Mr. Speaker, the late Congressman Sisisky his district. He played a leading role in reform- America have truly benefited from his dedi- was in many ways bigger than life—he lived ing the Defense Department’s financial man- cated service and at this time of national crisis life to the fullest, worked as hard as any Mem- agement system and worked tirelessly to pre- his military mind and Congressional experi- ber in this body, and always enjoyed his family serve the nuclear shipbuilding industrial base ence are sorely missed. Norman was success- and friends. We can all take great pride in the so vital to employment rates in the Hampton ful in every aspect of his life and we rightly kind of person Norm was, and in his many im- Roads area. His was the proper and respon- dedicate this post office in his memory today. portant contributions to not only the State of sible balance: Protect Virginia’s military facili- Mr. MORAN of Virginia. Mr. Speak- Virginia, but also the United States as a ties, but also make sure that military spending er, I have no further requests for time, whole. As many of you probably know, this decisions are fiscally prudent and fair to tax- and I yield back the balance of my Member traveled with Congressman Sisisky payers nationwide. He worked tirelessly in the time. frequently on NATO Parliamentary Assembly Congress to improve procurement practices Mr. FORBES. Mr. Speaker, I have no (NATO PA) matters and to the annual Munich and streamline government to make it more additional requests for time, and I Conference on Security Policy (previously effective and efficient. yield back the balance of my time. known as the Munich Wehrkunde Con- Mr. Speaker, I continue to mourn the loss of The SPEAKER pro tempore (Mr. ference). In fact, Norm Sisisky participated in Norm Sisisky as a friend and a colleague. PETRI). The question is on the motion the Munich Conference on Security Policy Norm lived his life with exuberance and pas- offered by the gentlewoman from Vir- longer than any sitting Member of the House sion for serving his beloved Virginia. He was ginia (Mrs. JO ANN DAVIS) that the and served as this Member’s Democrat co- a true leader on behalf of all Virginians and House suspend the rules and pass the leader of the House delegation to this con- Americans, and as a member of the Blue Dog bill, H.R. 2910. ference in February of this year. Coalition, he worked across partisan divides, The question was taken. This Member can still recall Norm’s remarks searching for the common good. I ask all of The SPEAKER pro tempore. In the during a NATO PA meeting where a discus- my colleagues to join me in support of this opinion of the Chair, two-thirds of sion of the European Security and Defense legislation, which will ensure that Norm Sisi- those present have voted in the affirm- Policy (ESDP), European burden sharing and sky’s contributions to his community will be re- ative. the need for Europe to meet its own NATO membered for generations to come. Mr. FORBES. Mr. Speaker, on that I military commitments brought Norm to his feet Mr. CANTOR. Mr. Speaker, I rise today in demand the yeas and nays. with the simple words of ‘‘Show me the support of H.R. 2910, the Norman Sisisky The yeas and nays were ordered.

VerDate 13-OCT-2001 04:36 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.046 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7379 The SPEAKER pro tempore. Pursu- the date of the enactment of this Act under Mr. Speaker, I reserve the balance of ant to clause 8 of rule XX and the the authority used to approve the Agreement my time. Chair’s prior announcement, further shall not require Congressional approval or Mrs. CHRISTENSEN. Mr. Speaker, I proceedings on this motion will be ratification to be valid and binding on the yield myself such time as I may con- parties thereto. postponed. (c) RULES OF CONSTRUCTION.— sume. f (1) SCOPE OF SECTION.—This section shall be Mr. Speaker, this legislation will per- construed as addressing only— mit the Confederated Tribes of the USE OF TRUST LAND AND RE- (A) the validity and enforceability of the Warm Springs Reservation of Oregon SOURCES OF CONFEDERATED Agreement with respect to provisions of Fed- to enter into various leases concerning TRIBES OF WARM SPRINGS RES- eral law referred to in section 2(a) of this their trust lands for up to 99 years. ERVATION OF OREGON Act; and Over the years, and at the specific re- (B) approval for provisions of the Agree- quest of the affected Indian tribe, we Mr. WALDEN of Oregon. Mr. Speak- ment and actions that are necessary to im- er, I move to suspend the rules and plement provisions of the Agreement that have passed numerous similar bills in pass the bill (H.R. 483) regarding the the parties may be required to obtain under order to give Indian tribes more flexi- use of the trust land and resources of Federal laws referred to in section 2(a) of bility to develop trust lands for the the Confederated Tribes of the Warm this Act. benefit of their members. What is dif- Springs Reservation of Oregon, as (2) AUTHORITY.—Nothing in this Act shall ferent about this bill, however, is that be construed to imply that the Secretary of we are also giving Congressional ap- amended. the Interior did not have the authority under The Clerk read as follows: proval to a settlement and business Federal law as in effect immediately before agreement entered into among the H.R. 483 the enactment of this Act to approve the use Tribe, the Department of the Interior, Be it enacted by the Senate and House of Rep- of tribal lands, resources, or other assets in resentatives of the United States of America in the manner described in the Agreement or in and the Portland General Electric Congress assembled, the implementation thereof. Company. The agreement benefits all SECTION 1. AUTHORIZATION FOR 99-YEAR SEC. 3. EFFECTIVE DATE. parties and will help bring needed eco- LEASES. This Act shall take effect as of April 12, nomic development to the reservation. The first section of the Act entitled ‘‘An 2000. Similar agreements between Indian Act to authorize the leasing of restricted In- The SPEAKER pro tempore. Pursu- tribes and private companies occur dian lands for public, religious, educational, ant to the rule, the gentleman from Or- upon the approval of the Secretary of residential, business, and other purposes re- egon (Mr. WALDEN) and the gentle- the Interior. While I support the pas- quiring the grant of long-term leases’’, ap- woman from the Virgin Islands (Mrs. sage of this bill today, it is important proved August 9, 1955 (25 U.S.C. 415(a)), is amended— CHRISTENSEN) each will control 20 min- to stress that in doing so we are not (1) by inserting ‘‘, the reservation of the utes. questioning the Secretary’s authority Confederated Tribes of the Warm Springs The Chair recognizes the gentleman over such matters nor the validity of Reservation of Oregon,’’ after ‘‘Spanish from Oregon (Mr. WALDEN). agreements bearing her approval. Grant’’)’’; and Mr. WALDEN of Oregon. Mr. Speak- With that, Mr. Speaker, I urge my (2) by inserting ‘‘lands held in trust for the er, on April 12 of 2000, the Warm colleagues to support the passage of Confederated Tribes of the Warm Springs Springs Tribe, Portland General Elec- H.R. 483. Reservation of Oregon’’ before ‘‘, lands held tric Company, and the Department of b 1600 in trust for the Cherokee Nation of Okla- the Interior as the Tribe’s trustee en- homa’’. tered into an agreement for the Tribe Mr. WALDEN of Oregon. Mr. Speak- SEC. 2. USE OF CERTAIN TRUST LANDS AND RE- er, I reserve the balance of my time. SOURCES FOR ECONOMIC DEVELOP- to buy one-third or more of the 440- MENT. megawatt Pelton Hydroelectric Project Mrs. CHRISTENSEN. Mr. Speaker, I (a) APPROVAL OF AGREEMENT.—The use of on Oregon’s Deschutes River. About yield such time as he may consume to tribal lands, resources, and other assets de- one-third of that project is on the the gentleman from Oregon (Mr. scribed in the document entitled ‘‘Long- Warm Springs Tribal trust land. BLUMENAUER). Term Global Settlement and Compensation The Tribe plans to use bonds to fi- Mr. BLUMENAUER. Mr. Speaker, I Agreement’’, dated April 12, 2000 (hereafter nance the $30 million initial one-third thank the gentlewoman from yielding referred to as the ‘‘GSA’’), entered into by acquisition of the project. A Federal me this time. the Department of the Interior, the Confed- law requires that any encumbrance of Mr. Speaker, I rise to join my col- erated Tribes of the Warm Springs Reserva- league from eastern Oregon in support tion of Oregon (in this section referred to as Indian trust resources be approved by the ‘‘Tribes’’), and the Portland General the Interior Secretary. Interior asserts of this legislation, and I am pleased to Electric Company, and in the Included its current authorities are sufficient to cosponsor it along with the gentleman. Agreements, as attached to the GSA on April authorize that approval for the Warm Mr. Speaker, we have a special obli- 12, 2000, and delivered to the Department of Springs trust resources. However, bond gation as Members of this assembly to the Interior on that date, is approved and counsel asserts current authority is be sensitive to the needs of Native ratified. The authorization, execution, and not express enough to allow for an un- Americans. Sadly, the history of the delivery of the GSA is approved. In this sec- qualified opinion needed to issue those United States brings no great credit to tion, the GSA and the Included Agreements the Government or this body, and there are collectively referred to as the ‘‘Agree- bonds. The Tribe and PGE also believe ment’’. Any provision of Federal law which more express authority will help secure have been many lost opportunities. I applies to tribal land, resources, or other as- their agreement. rise in support of H.R. 483 because it is sets (including proceeds derived therefrom) H.R. 483 addresses this situation by one way to seize an opportunity and do as a consequence of the Tribes’ status as a providing express approval specifically the right thing. federally recognized Indian tribe shall not— for the Pelton agreement so the bonds H.R. 483 gives the Warm Springs (1) render the Agreement unenforceable or can be issued and the agreement is Tribe the same control over their sov- void against the parties; or more secure. At the same time, it pro- ereign lands that other governments (2) prevent or restrict the Tribes from already enjoy. This act will allow the pledging, encumbering, or using funds or vides that this single case instance of other assets that may be paid to or received approval is not to diminish Interior’s Warm Springs Tribal Government to by or on behalf of the Tribes in connection existing authority to approve similar lease its own land in the same manner with the Agreement. agreements. that the Cherokee Nation and State (b) AUTHORITY OF SECRETARY.— The bill also authorizes Warm and local jurisdictions have for years. (1) IN GENERAL.—Congress hereby deems Springs trust land leases of up to 99 Certainly the Confederated Tribes of that the Secretary of the Interior had and years at the Secretary’s discretion. the Warm Springs Reservation in Or- has the authority— Mr. Speaker, I hope that the House egon have shown that they have earned (A) to approve the Agreement; and can unanimously support this piece of this right. They are located on the (B) to implement the provisions of the Agreement under which the Secretary has legislation. It is cosponsored by the en- largest land holding in our State. They obligations as a party thereto. tire Oregon delegation, and it will pro- have a long history of excellent official (2) OTHER AGREEMENTS.—Any agreement vide a needed economic development relationships with State and Federal approved by the Secretary prior to or after for the Warm Springs Tribes. authorities in Oregon. They operate

VerDate 13-OCT-2001 03:20 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.047 pfrm01 PsN: H30PT1 H7380 CONGRESSIONAL RECORD — HOUSE October 30, 2001 their own tribal courts, health system, pass the bill (H.R. 2585) to authorize cent of their former spawning and juve- educational facilities, and law enforce- the Secretary of the Interior to con- nile rearing habitat in the warm water ment agencies. They have been leaders duct a study of the feasibility of pro- reaches of the Sprague River. in economic development initiatives of viding adequate upstream and down- Several parties have identified the which this provision would enable an- stream passage for fish at the Chiloquin Dam as constituting a sig- other chapter to move forward. Chiloquin Dam on the Sprague River, nificant habitat problem for endan- I have been pleased to work with the Oregon. gered suckers. They include: the Klam- tribe in times past. I think it is high The Clerk read as follows: ath Tribes, U.S. Fish and Wildlife, Bu- time for us to allow the tribe to ex- H.R. 2585 reau of Reclamation, Oregon Depart- press similar leadership that they have Be it enacted by the Senate and House of Rep- ment of Fish and Wildlife, and the over their own land. The second provi- resentatives of the United States of America in Klamath Water Users Association. sion approves the agreement by the Congress assembled, I have worked in consultation with tribes with General Electric to regu- SECTION 1. SHORT TITLE. the Modoc Point Irrigation District late projects on its land. As has been This Act may be cited as the ‘‘Chiloquin and the Klamath Tribes to craft this pointed out, this has been a long time Dam Fish Passage Feasibility Study Act of legislation requesting this study of this in the making. It was approved a year 2001’’. dam. The study will include review of and a half ago, and its time for Con- SEC. 2. CHILOQUIN DAM FISH PASSAGE FEASI- all alternatives for providing passage, gress to add its seal of approval. I BILITY STUDY. including removal of the dam; deter- strongly urge my colleagues to vote for (a) IN GENERAL.—The Secretary of the In- mination of the most appropriate alter- passage of H.R. 483. terior shall, in collaboration with all inter- native; development of recommenda- Mrs. CHRISTENSEN. Mr. Speaker, I ested parties, including the Modoc Point Ir- tions for implementing the alternative; have no further requests for time, and rigation District, the Klamath Tribes, and and examination of mitigation needed the Oregon Department of Fish and Wildlife, I yield back the balance of my time. conduct a study of the feasibility of pro- for upstream and downstream water Mr. WALDEN of Oregon. Mr. Speak- viding adequate upstream and downstream users as a result of such implementa- er, I yield myself such time as I may passage for fish at the Chiloquin Dam on the tion. consume. Sprague River, Oregon. I would also point out that this legis- Mr. Speaker, in closing, I thank the (b) SUBJECTS.—The study shall include— lation was cosponsored by several gentleman from Oregon (Mr. (1) review of all alternatives for providing members of this committee, including BLUMENAUER) for his kind comments such passage, including the removal of the the gentleman from Oregon (Mr. and his generous support of this legis- dam; DEFAZIO). lation and express my appreciation to (2) determination of the most appropriate This legislation is long overdue. The the tribes and to Jefferson County and alternative; need to study this impediment is long to Portland General Electric for their (3) development of recommendations for overdue. Despite the crisis our Nation implementing such alternative; and continuous work as we have (4) examination of mitigation needed for faces today, the farmers in this basin wordsmithed this bill, probably more upstream and downstream water users, and continue to face a crisis of their own, than any other bill I have been around, for Klamath tribal non-consumptive uses, as both economically and for their future. to make it conform to the needs of all a result of such implementation. We need to move forward to resolve the of the parties involved. They have been (c) REPORT.—The Secretary shall submit to issues that have blocked their ability quite patient and helpful in this proc- the Congress a report on the findings, con- to get water and the other help they ess. I urge passage of this bill. clusions, and recommendations of the study need. Madam Speaker, I ask for the Mr. Speaker, I yield back the balance by not later than 1 year after the date of the support of the entire House for this of my time. enactment of this Act. common sense, straightforward and The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Pursu- balanced legislation. PETRI). The question is on the motion ant to the rule, the gentleman from Or- Madam Speaker, I reserve the bal- offered by the gentleman from Oregon egon (Mr. WALDEN) and the gentle- ance of my time. (Mr. WALDEN) that the House suspend woman from the Virgin Islands (Mrs. Mrs. CHRISTENSEN. Madam Speak- the rules and pass the bill, H.R. 483, as CHRISTENSEN) each will control 20 min- er, I yield myself such time as I may amended. utes. consume. The question was taken; and (two- The Chair recognizes the gentleman Madam Speaker, I rise in support of thirds having voted in favor thereof) from Oregon (Mr. WALDEN). H.R. 2585, and I note that a long-stand- the rules were suspended and the bill, Mr. WALDEN of Oregon. Mr. Speak- ing member of the Committee on Re- as amended, was passed. er, I yield myself such time as I may sources, the gentleman from Oregon A motion to reconsider was laid on consume. (Mr. DEFAZIO), is a cosponsor of this the table. Mr. Speaker, H.R. 2585 is another of bill. f my bills that will address the current Restoring fish habitat in the Klam- ath Basin is complicated and often con- MAKING IN ORDER AT ANY TIME plight of fish and farmers in the Klam- ath Basin. The Klamath Basin is in troversial. Making decisions based on CONSIDERATION OF CON- scientific studies of water operations FERENCE REPORT ON H.R. 2590, both southern Oregon and northern California, and has Endangered Species and habitat requirements can help pre- TREASURY AND GENERAL GOV- vent more confrontations over scarce Act-listed suckers, salmon and bald ea- ERNMENT APPROPRIATIONS ACT, water supplies. 2002 gles. There are several tribes with trea- The studies authorized by H.R. 2585 ty rights that must be respected. Mr. ISTOOK. Mr. Speaker, I ask need to be carefully designed and car- The Klamath Project, operated by unanimous consent that it be in order ried out. These studies should consider the Bureau of Reclamation, has his- at any time to consider the conference all factors that affect fish survival in torically delivered water to about report to accompany H.R. 2590; that all the basin, including the possible need points of order against the conference 200,000 acres. This year, however, the to restore wetlands and riparian habi- report and against its consideration be basin is experiencing a severe drought, tats. I thank the sponsor and cospon- waived; and that the conference report on top of which the Klamath Project sors of this bill, and I urge my col- be considered as read when called up. has been asked to provide additional leagues to support H.R. 2585. The SPEAKER pro tempore. Is there water for species listed under the En- Mr. WALDEN of Oregon. Madam objection to the request of the gen- dangered Species Act. Speaker, I reserve the balance of my tleman from Oklahoma? The feasibility study required in this time. There was no objection. legislation is needed to address an im- Mrs. CHRISTENSEN. Madam Speak- minent endangered species habitat f er, I yield such time as he may con- claim against the Chiloquin Dam in sume to the gentleman from Oregon CHILOQUIN DAM FISH PASSAGE southern Oregon, which is the Modoc (Mr. BLUMENAUER). FEASIBILITY STUDY ACT OF 2001 Point Irrigation District’s current Mr. BLUMENAUER. Madam Speaker, Mr. WALDEN of Oregon. Mr. Speak- gravity flow diversion source. This dam I thank the gentlewoman for yielding er, I move to suspend the rules and blocks suckers from reaching 95 per- me this time.

VerDate 13-OCT-2001 05:21 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.053 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7381 Madam Speaker, I am here to support Mr. WALDEN of Oregon. Madam have got to break through some of H.R. 2585 introduced by the gentleman Speaker, I yield myself such time as I these barriers and solve some of these from Oregon (Mr. WALDEN). It is true may consume. problems if we are going to have a that we have a great deal of tension Madam Speaker, I appreciate the long-term solution. We have got to act and frustration in the Klamath Basin comments of the gentleman from Or- quickly. This study will still take a these days, and I commend the gen- egon (Mr. BLUMENAUER) and for his year, but it is a lot less time than it tleman for taking specific steps to help willingness to support this legislation, would have taken if we did not pass relieve some of that pressure. and to find balanced solutions for the this legislation because they have had This bill is an important step in problems that we face in the North- 10 years to try and figure it out. studying alternatives for the improve- west. The Klamath water users have put ment of fish passage for the endangered Madam Speaker, it is interesting, I together a very comprehensive report species. These endangered species have had not visited this dam until a year or on how to deal with a whole host of so- generated a great deal of controversy so ago, and at that point I invited the lutions in this basin, to improve habi- and attention. I for one feel that in Modoc Point Irrigation District direc- tat, to improve water quality and still some instances some of the frustration tors and the tribal leaders from there have viable agriculture. A lot of those was misplaced in terms of trying to di- to both join me at the site of this dam. have fallen on deaf ears over time. vert the blame for the problem in the I did not know what to expect. I had Many of them were at the agency level Klamath Basin somehow to the fish not seen it, but I had heard and read a and not enacted. We cannot stand by themselves. lot about it. and let this happen. This is a huge cri- I note with some interest that one of As we approached the dam, walked sis for many, many, many families. A the Klamath Basin Native American down, the skies were dark and it began thousands plus farms are affected right leaders pointed out to me that blaming to pelt rain and snow, not heavily, but now, today. They do not know what is the fish for the water problem is a lot it was one of those cold wet days. As I going to happen next year. They come like blaming the gas gauge on your car stood and looked at this concrete ob- to us and ask, will we have water? We if one runs out of gas. Having the gas struction that backs water up and then do not know. We do not know. That is gauge register empty, it is not the allows water to be diverted into the why this legislation and legislation to problem of the gas gauge, it is the fact Modoc Point District, we have to make grant them other relief from operation that the car has run out of gas. sure that they continue to get access and maintenance costs that is pending What we are facing here is a condi- to water. in the committee that is going to help tion that is the result of systematic ac- When one looks at the dam itself, the me get it through here, and other tion on the part of the Federal Govern- top is wood and wire and it is all kind emergency relief legislation we have ment for over a century of making too of broken down and disheveled. It is a just got to act on. many demands on scarce water in this mess. There is evidence of three fish I commend the Committee on Re- arid basin. passage ladders, two of which have sources. I thank them for their effort. We must not lose sight of the big pic- I commend my colleagues. I ask for crumbled down to basically the rebar ture within the Klamath Basin. It once their approval of this legislation. and the concrete. The third one against held 350,000 acres of shallow lakes, Mr. BLUMENAUER. Madam Speaker, I rise the side where we were standing fresh water marshes, wet meadows, and in support of H.R. 2585, the Chiloquin Dam seemed to function fairly well. The bi- seasonally flooded basins throughout Fish Passage Feasibility Study Act of 2001. ologist told us there are some 700 suck- southeastern Oregon and northern This bill takes an important step into studying ers that make their way through and California. Today, nearly 80 percent of alternatives for the improvement of fish pas- up to the upper end where the habitat the basin’s wetlands have been drained sage for endangered fish species. and converted to agriculture; in some is impaired, and there is a lot of work However, we must not lose sight of the big cases, water-intensive agriculture. It is we can do there, I think. picture within the Klamath Basin. The Klamath no mystery that we have run into prob- I said, How many fish try to get up Basin once held 350,000 acres of shallow lems. The Federal Government has not here? They do not know. It is hard to lakes, freshwater marshes, wet meadows, and had appropriate policies to deal with measure success if we do not know how seasonally flooded basins in Southeastern Or- the overcommitment of the water in many are trying to get up versus how egon and Northern California. Today, nearly this basin. many that do. The long and short of it 80 percent of the Basin’s wetlands have been Just as important, if not more impor- is, this has been an impediment for at drained and converted to agriculture. tant than the improvement of fish pas- least a decade and yet nothing has hap- Just as important, if not more important than sage, is the restoration of wetlands to pened. Like my colleague, I want to the improvement of fish passage, is the res- improve the spawning grounds of the make something happen. I want to try toration of wetlands to improve the spawning fish that are vital to the tribes of this to solve these problems so we have a grounds of the fish that are vital to tribes in area and to the entire ecosystem. viable environment and a vibrant agri- the area. While I fully endorse this bill, which cultural economy because I think they While I fully endorse this bill, which will au- will authorize the feasibility study to can co-exist in the Klamath Basin. The thorize a feasibility study to improve fish pas- improve the fish passage at Chiloquin comments of the gentleman regarding sage at the Chiloquin Dam, I urge my col- Dam, I urge my colleagues and the De- farmers invited to settle, not only were leagues and the Department of Interior to re- partment of the Interior to remain they invited, we invited our veterans, main aware of the interconnectedness of re- aware of the interconnectedness of the our men and women who wore the uni- sources and user-needs throughout the Klam- resources and the user needs through- form of this country and defended our ath Basin. out the Klamath Basin. freedom abroad, to participate in a lot- Mr. WALDEN of Oregon. Madam I hope that this Congress will yet tery. We promised to give them land Speaker, I yield back the balance of come forward, when we are spending and a guarantee of water for life if they my time. hundreds of millions of dollars in dis- would settle and develop this area. Mrs. CHRISTENSEN. Madam Speak- aster relief, when we have a whole host er, I yield back the balance of my time. 1615 of pressing problems, that we do not b The SPEAKER pro tempore (Mrs. turn our back on the needs of the envi- It is one of the oldest irrigation BIGGERT). The question is on the mo- ronment of the Klamath Basin, of projects in America. It was one of the tion offered by the gentleman from Or- farmers who were encouraged to farm first. egon (Mr. WALDEN) that the House sus- there as a result of government poli- Over time, more and more promises pend the rules and pass the bill, H.R. cies, and that we take steps to help re- have been given, more and more people 2585. claim some of that natural environ- settled. These are real people who are The question was taken; and (two- ment, reduce the stress on water in facing real bankruptcy right now. This thirds having voted in favor thereof) that basin. Congress and this administration the rules were suspended and the bill Madam Speaker, this is an important helped with a $20 million commitment was passed. step; but I hope we continue to look at to kind of tide them over, but it is not A motion to reconsider was laid on the big picture. enough. We have got to do more. We the table.

VerDate 13-OCT-2001 04:54 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.056 pfrm01 PsN: H30PT1 H7382 CONGRESSIONAL RECORD — HOUSE October 30, 2001 BUFFALO BAYOU NATIONAL (B) reflects traditions, customs, beliefs, and shall consider in the development of HERITAGE AREA STUDY ACT folklife that are a valuable part of the national the study, removed the appropriations story; Mr. WALDEN of Oregon. Madam authorization, and added the standard (C) provides outstanding opportunities to con- 3-year time limit for completing the Speaker, I move to suspend the rules serve natural, historic, cultural, or scenic fea- and pass the bill (H.R. 1776) to author- tures; study. The bill now has been agreed to ize the Secretary of the Interior to (D) provides outstanding recreational and by the minority and the administra- study the suitability and feasibility of educational opportunities; tion. I urge my colleagues to support establishing the Buffalo Bayou Na- (E) contains resources important to the identi- H.R. 1776, as amended. tional Heritage Area in west Houston, fied theme or themes of the Study Area that re- Madam Speaker, I reserve the bal- tain a degree of integrity capable of supporting ance of my time. Texas, as amended. interpretation; The Clerk read as follows: Mrs. CHRISTENSEN. Madam Speak- (F) includes residents, business interests, non- er, I yield myself such time as I may H. R. 1776 profit organizations, and local and State gov- consume. Be it enacted by the Senate and House of Rep- ernments that are involved in the planning, have developed a conceptual financial plan that Madam Speaker, H.R. 1776 would au- resentatives of the United States of America in thorize a study of an area in Houston, Congress assembled, outlines the roles for all participants, including Texas known as Buffalo Bayou to de- SECTION 1. SHORT TITLE. the Federal Government, and have dem- This Act may be cited as the ‘‘Buffalo Bayou onstrated support for the concept of a national termine whether it would be suitable National Heritage Area Study Act’’. heritage area; and feasible to designate it as a Na- (G) has a potential management entity to tional Heritage Area. The study would SEC. 2. NATIONAL PARK SERVICE STUDY REGARD- work in partnership with residents, business in- ING BUFFALO BAYOU, TEXAS. be governed by well-established cri- terests, nonprofit organizations, and local and (a) FINDINGS.—The Congress finds the fol- teria for making such determinations State governments to develop a national herit- lowing: age area consistent with continued local and and the results would be presented (1) The area beginning at Shepherd Drive in State economic activity; and back to the relevant committees in the west Houston, Texas, and extending to the (H) has a conceptual boundary map that is House and Senate. Finally, the bill au- Turning Basin, commonly referred to as the supported by the public. thorizes funding to complete the study. ‘‘Buffalo Bayou’’, made a unique contribution (c) BOUNDARIES OF THE STUDY AREA.—The to the cultural, political, and industrial develop- Madam Speaker, the Buffalo Bayou is Study Area shall be comprised of sites in Hous- ment of the United States. an important waterway both economi- ton, Texas, in an area roughly bounded by (2) The Buffalo Bayou is distinctive as the cally and historically. According to the Shepherd Drive and extending to the Turning first spine of modern industrial development in findings in the legislation, the area Basin, commonly referred to as the ‘‘Buffalo Texas and one of the first along the Gulf of Bayou’’. played a significant role in the fight Mexico coast. (d) SUBMISSION OF STUDY RESULTS.—Not later for Texas’ independence as well as in (3) The Buffalo Bayou played a significant than 3 years after funds are first made available the development of the petrochemical role in the struggle for Texas independence. for this section, the Secretary shall submit to the industry in Texas and in the Nation as (4) The Buffalo Bayou developed a prosperous Committee on Resources of the House of Rep- and productive shipping industry that survives a whole. Given this history, the area resentatives and the Committee on Energy and today. certainly sounds promising, but only a Natural Resources of the Senate a report de- (5) The Buffalo Bayou led in the development formal study can determine if Buffalo scribing the results of the study. of Texas’ petrochemical industry that made Bayou retains the kinds of resources Houston the center of the early oil boom in The SPEAKER pro tempore. Pursu- required for addition to our National America. ant to the rule, the gentleman from Or- Park System. (6) The Buffalo Bayou developed a sophisti- egon (Mr. WALDEN) and the gentle- We commend the gentleman from cated shipping system, leading to the formation woman from the Virgin Islands (Mrs. Texas (Mr. GREEN) on his hard work on of the modern day Houston Ship Channel. CHRISTENSEN) each will control 20 min- (7) The Buffalo Bayou developed a significant this legislation and look forward to the industrial base, and served as the focal point for utes. results of this important study. the new city of Houston. The Chair recognizes the gentleman Madam Speaker, I yield such time as (8) There is a longstanding commitment by the from Oregon (Mr. WALDEN). he may consume to the gentleman Buffalo Bayou Partnership, Inc., to complete Mr. WALDEN of Oregon. Madam from Texas (Mr. GREEN). the Buffalo Bayou Trail along the 12-mile seg- Speaker, I yield myself such time as I Mr. GREEN of Texas. Madam Speak- ment of the Buffalo Bayou. may consume. er, as the author of this legislation, I (9) There is a need for assistance for the pres- H.R. 1776, introduced by my friend would like to thank my colleague the ervation and promotion of the significance of the gentleman from Texas (Mr. GREEN), gentlewoman from the Virgin Islands the Buffalo Bayou as a system for transpor- tation, industry, commerce, and immigration. authorizes the Secretary of Interior to (Mrs. CHRISTENSEN), also the gen- (10) The Department of the Interior is respon- complete a study on the suitability and tleman from Utah (Mr. HANSEN), also sible for protecting the Nation’s cultural and feasibility of establishing the Buffalo former chairman of the subcommittee historical resources. There are significant exam- Bayou National Heritage Site in Hous- the gentleman from Colorado (Mr. ples of such resources within the Buffalo Bayou ton, Texas. The designation would HEFLEY) and also the gentleman from region to merit the involvement of the Federal highlight the cultural, historic, polit- West Virginia (Mr. RAHALL) and the Government in the development of programs and ical and economic significance that staff of the Committee on Resources projects, in cooperation with the Buffalo Bayou Buffalo Bayou played in the formation Partnership, Inc., the State of Texas, and other for their great work on this bill. local and governmental entities, to adequately of modern day Houston. H.R. 1776, the Buffalo Bayou National conserve, protect, and interpret this heritage for The Buffalo Bayou, nicknamed the Heritage Area Study Act, begins a future generations, while providing opportuni- ‘‘Highway of the Republic,’’ played an process of helping the people of Hous- ties for education and revitalization. important role in the history and de- ton and east Harris County recognize (b) STUDY.— velopment of the City of Houston and the cultural significance of our com- (1) IN GENERAL.—The Secretary shall, in con- the State of Texas, particularly as an munity. The Buffalo Bayou waterway sultation with the State of Texas, the City of immigration and navigation route be- was the starting point for what is now Houston, and other appropriate organizations, ginning in the 1820s. It was the most re- the City of Houston. carry out a study regarding the suitability and feasibility of establishing the Buffalo Bayou Na- liable route for navigation into the in- The Allen brothers, Houston’s origi- tional Heritage Area in Houston, Texas. terior of Texas, which eventually led to nal founders, first came through this (2) CONTENTS.—The study shall include anal- the Houston Ship Channel. In addition, stretch of water on their way to a new ysis and documentation regarding whether the a multitude of historic sites, early eth- settlement that would eventually be- Study Area— nic neighborhoods, several segments of come Houston, Texas. As Houston (A) has an assemblage of natural, historic, the Great Coastal Texas Birding Trail, grew, Buffalo Bayou grew with it as and cultural resources that together represent and some of Houston’s oldest park the heart of the early Gulf Coast indus- distinctive aspects of American heritage worthy areas line the banks of the Buffalo trial complex. The legislation being of recognition, conservation, interpretation, and continuing use, and are best managed through Bayou. considered before us today authorizes partnerships among public and private entities Madam Speaker, this bill was amend- the National Park Service to study and by combining diverse and sometimes non- ed at the subcommittee proceedings whether this waterway should be des- contiguous resources and active communities; which specified criteria the Secretary ignated as a National Heritage Area.

VerDate 13-OCT-2001 04:54 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.058 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7383 Although the National Park Service America is not as fully known. This legislation the gentleman from Oregon (Mr. WAL- feasibility study does not in itself will remedy that situation by authorizing the DEN) that the House suspend the rules mark Buffalo Bayou as a National Her- Department of the Interior to study the feasi- and pass the bill, H.R. 1776, as amend- itage Area, it is the first step in that bility of establishing the Buffalo Bayou Na- ed. process. tional Heritage Area in Houston. Passage of The question was taken; and (two- As a lifetime Houston resident, I be- this legislation will allow this agency to ana- thirds having voted in favor thereof) lieve that designating Buffalo Bayou as lyze and document the area’s natural, historic, the rules were suspended and the bill, a National Heritage Area would further and cultural resources. As I am confident that as amended, was passed. the redevelopment of the community such a studies will lead to a full recognition of A motion to reconsider was laid on by bringing more Federal resources to the wealth of Americana associated with what the table. our area. Such a designation would we now know as Houston, TX. f highlight the historic significance of Madam Speaker, many Americans are un- this waterway and the surrounding aware that many of this nation’s most signifi- EXPRESSING PROFOUND SORROW community. cant events have taken place in Texas. For OF THE CONGRESS FOR DEATH Buffalo Bayou is the original indus- example, Juneteenth, which is recognized by AND INJURIES SUFFERED BY trial spine of Houston and was the several States as the official holiday of Black FIRST RESPONDERS IN AFTER- building block for what is now the Port emancipation, is based on events that took MATH OF TERRORIST ATTACKS of Houston, the Nation’s second largest place in Texas. H.R. 1776 will help to discover ON SEPTEMBER 11, 2001 port. In addition, the numerous his- and publicize other significant places and Mr. LATOURETTE. Madam Speaker, toric sites and events which have taken events in the development of our nation and I move to suspend the rules and agree place in and around Buffalo Bayou way of life. By cooperating with local resi- to the concurrent resolution (H. Con. makes this waterway a perfect can- dents, public and private concerns, all relevant Res. 233) expressing the profound sor- didate for a National Heritage Area parties will be given an opportunity to work to- row of the Congress for the death and designation. gether to shape the collective memory of this injuries suffered by first responders as All these facts will be borne out as historical treasure. they endeavored to save innocent peo- the National Park Service begins to H.R. 1776 is an excellent example of the ef- ple in the aftermath of the terrorist at- contact our local sponsor, the Buffalo fective use Interior Department funds, and I tacks on the World Trade Center and Bayou Partnership. Anne Olson, Execu- encourage all Members to support this legisla- the Pentagon on September 11, 2001. tive Director of the Buffalo Bayou tion. The Clerk read as follows: Partnership, brings tremendous organi- Mr. BENTSEN. Madam Speaker, I rise in H. CON. RES. 233 zational and fund-raising abilities to strong support of H.R. 1776, which authorizes Whereas law enforcement officers, fire- this effort, and I will continue to work a National Park Service study of a Buffalo fighters, and emergency medical personnel closely with her organization to incor- Bayou National Heritage Area in Houston, are collectively known as first responders; porate this designation into the overall Texas. I applaud our colleague Congressman Whereas following the terrorist attacks on master plan for east Harris County. It GENE GREEN for introducing it. The City of the World Trade Center and the Pentagon on is the strong public-private partnership Houston was founded on the banks of Buffalo September 11, 2001, first responders reacted already in place that will help gain a Bayou by the Allen brothers and there Hous- immediately in evacuating and rescuing in- positive recommendation from the Na- ton’s future as a world shipping center was nocent people from the buildings; tional Park Service on our designation born. With the help of the U.S. Congress and Whereas first responders also arrived quickly at the crash site of United Airlines request. the determination of early local leaders like flight 93 in southwestern Pennsylvania; I believe local support is vital for Congressman Joseph C. Hutcheson, Con- Whereas if it were not for the heroic efforts making a National Heritage Area gressman Thomas Henry Ball, and Mayor H. of first responders immediately after the ter- work. Madam Speaker, I am working in Baldwin Rice, the Houston Ship Channel was rorist attacks, numerous additional casual- close collaboration with our local born out of the mouth of Buffalo Bayou. ties would have resulted from the attacks; elected officials to map out an action Although Houston has achieved great prom- Whereas as the first emergency personnel plan that will provide maximum local inence in maritime trade, Buffalo Bayou has to arrive at the scenes of the terrorist at- flexibility in determining how our means more to Houston than just commerce. tacks, first responders risked their lives in local history will be told if we receive their efforts to save others; Buffalo Bayou retains a great scenic beauty as Whereas while first responders were brave- such a National Heritage Area. This it flows across Harris County through Memo- ly conducting the evacuation and rescue legislation has the strong support of rial Park and Downtown to the San Jacinto after the terrorist attack on the World Trade both our Harris County Judge Robert River and has the potential to provide a great Center, the two towers of that complex col- Eckles and our Houston Mayor Lee deal more scenic, open space, and historic lapsed, and many first responders themselves Brown, both of whom recognize that community value. became victims of the attack; our community has a historic story to This legislation will allow the National Park Whereas the everyday well-being, security, tell our visitors. Their help has been Service to investigate the potential for a Buf- and safety of Americans depend upon the of- invaluable. I would like to thank them falo Bayou national heritage area. I congratu- ficial duties of first responders; Whereas in addition to their official duties, for their assistance in this endeavor. late my colleague and friend GENE GREEN for first responders around the Nation partici- Madam Speaker, I again thank the his hard work on the bill, and I believe the pate in planning, training, and exercises to committee and the staff for their ef- Park Service will find the Buffalo Bayou a respond to terrorist attacks; forts. unique historic cultural area deserving of fi- Whereas emergency managers, public Ms. JACKSON-LEE of Texas. Madam nancial and planning assistance for historic health officials, and medical care providers Speaker, I rise in stong support of H.R. 1776, preservation, revitalization, and beautification also invest significant time in planning, The ‘‘Buffalo Bayou National Heritage Area efforts. If the Park Service and Congress both training, and exercises to better respond to Study Act.’’ This legislation is a welcome rec- approve the Buffalo Bayou Heritage Area, terrorist attacks in the United States; Whereas the Nation has not forgotten the ognition of the historical background of my fair Houston communities will have access to $10 heroic efforts of first responders after the city, Houston, TX, and an opportunity to ex- million in improvement funds along with Park bombing of the World Trade Center on Feb- pand the rich cultural landscape of the Amer- Service planning expertise. Today is the first ruary 26, 1993, and the bombing of the Alfred ican Southwest. step towards obtaining a Park Service commit- P. Murrah Federal Building in Oklahoma The Buffalo Bayou area in Texas helped to ment to enhancing the birthplace of Houston, City, Oklahoma, on April 19, 1995; establish an economic foothold for settlers of our Nation’s fourth largest city. Whereas there are numerous Federal pro- the gulf coast region. Without this early indus- Mr. WALDEN of Oregon. Madam grams that help prepare first responders try, which included both shipping and refining Speaker, I have no further requests for from across the Nation, including the Do- petroleum, the Buffalo Bayou area might not time, and I yield back the balance of mestic Preparedness Program and other training and exercise programs administered have developed into the thriving metropolis it my time. by the Department of Justice; has become. Mrs. CHRISTENSEN. Madam Speak- Whereas there are also domestic prepared- Madam Speaker, though the factual impor- er, I yield back the balance of my time. ness programs administered by the Federal tance of Buffalo Bayou is clear, its significance The SPEAKER pro tempore. The Emergency Management Agency, which to- to the socioeconomic landscape at place in question is on the motion offered by gether with the programs of the Department

VerDate 13-OCT-2001 05:21 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.060 pfrm01 PsN: H30PT1 H7384 CONGRESSIONAL RECORD — HOUSE October 30, 2001 of Justice support State and local first re- nies suffered losses in New York, and husbands, wives, daughters, coworkers sponders with funding, training, equipment another 25 ladder companies. The Fire and friends were lost. Those moments acquisition, technical assistance, exercise Department lost its chaplain and its of terror forever changed the landscape planning, and execution; heroic chief. In fact, Madam Speaker, of too many families in this country. Whereas many of the first responders who participate in such programs do so on their so many commanders were lost that Jean Palombo of Brooklyn, who was own time; fateful morning that Mayor Giuliani the wife of Frank Palombo of Ladder Whereas an effective response of local first needed to promote 168 new officers 2 Company 105, became a widow at the responders to a terrorist attack saves lives; days later. The sense of duty that these age of 41. She is today left to raise 10 and heroic men and women felt on the children, ages 11 months to 15 years, Whereas in response to a terrorist attack, morning of September 11 is nothing eight boys and two girls. Gigi Nelson first responders are exposed to a high risk of short of extraordinary. Those on-duty, was 8 months pregnant with her first bodily harm and death as the first line of de- off-duty, retired, on medical leave and child when her husband, Peter, went fense of the United States in managing the aftermath of the attack: Now, therefore, be on vacation rushed to the scene. One into the World Trade Center that it group of firefighters even com- morning. He was working overtime Resolved by the House of Representatives (the mandeered a city bus in order to get to with Rescue Company No. 4 on Sep- Senate concurring), That the Congress— the scene. They went in so thousands tember 11 to help out with the expenses (1) expresses its profound sorrow for the more could get out. of the new baby. Twenty-five days after death and injuries suffered by first respond- James Coyle, who was a rookie fire- the World Trade Center collapsed, ers as they endeavored to save innocent peo- fighter at age 26, was on vacation. He Peter Nelson’s first child, daughter ple in the aftermath of the terrorist attacks rushed to the scene to join Ladder on the World Trade Center and the Pentagon Lyndsi Ann, was born. When she is old on September 11, 2001; Company No. 3 that morning and it enough, Madam Speaker, she will learn (2) expresses its deepest sympathies to the cost him his life. Walwyn Stuart had of her father’s heroism. families and loved ones of the fallen first re- left his job as a New York City nar- These children and so many others sponders; cotics cop when his wife became preg- will grow up knowing what America (3) honors and commends the first respond- nant. He wanted safer work and he knows, that their parents were heroes ers who participated in evacuating and res- joined the Port Authority police. The in the purest sense of the word. It is cuing the innocent people in the World Trade morning of September 11 he was on fitting that we take this opportunity Center and the Pentagon after the terrorist duty at the PATH station at the World attacks; to consider H. Con. Res. 233 to pay trib- (4) encourages the President to issue a Trade Center. He helped evacuate the ute to those first responders who per- proclamation calling upon the people of the station and then went into the North ished while doing their jobs and while United States to pay respect to the first re- Tower to save others. He has left be- saving so many others. sponder community for their service in the hind a wife and a 1-year-old daughter. I urge my colleagues to join in sup- aftermath of the terrorist attacks and their James Corrigan, the World Trade port of this resolution. continuing efforts to save lives; and Center fire marshal, is credited with Madam Speaker, I reserve the bal- (5) encourages all levels of government to leading a team of his men to get dozens ance of my time. continue to work together to effectively co- of children out of day care facilities b 1630 ordinate emergency preparedness by pro- that morning. He and five of his col- viding the infrastructure, funding, and inter- leagues died, but not before saving the Mr. COSTELLO. Madam Speaker, I agency communication and cooperation nec- yield myself such time as I may con- essary to ensure that when another terrorist children, some of whom were trapped attack occurs, first responders will be as pre- because the exits near the day care sume. pared as possible to respond to the attack ef- center were clogged with folks trying Madam Speaker, I am pleased to join fectively. to rush out of the building. Corrigan the gentleman from Oklahoma (Mr. The SPEAKER pro tempore. Pursu- and his men broke through windows WATTS) and many of our colleagues in ant to the rule, the gentleman from and carried the children through shat- strong support of this legislation. Ohio (Mr. LATOURETTE) and the gen- tered glass to safety before rushing House Concurrent Resolution 233 tleman from Illinois (Mr. COSTELLO) back in to help others. honors and commends the first re- each will control 20 minutes. Madam Speaker, there are so many sponders who responded to the call to The Chair recognizes the gentleman stories of heroism and courage that evacuate and rescue thousands of peo- from Ohio (Mr. LATOURETTE). have fortified our country since Sep- ple at the World Trade Center, the Pen- Mr. LATOURETTE. Madam Speaker, tember 11. Americans have the most tagon, and the crash site of United I yield myself such time as I may con- profound respect for our police and Flight 93 in Pennsylvania following the sume. firefighters before and certainly now. horrific events of September 11. Madam Speaker, I would first note These men and women were the first This resolution also expresses our that H. Con. Res. 233 was discharged in, and to this day the rescuers have profound sorrow for the emergency from committee consideration and has paused only to honor the dead and the service personnel who were injured or been expeditiously brought to the floor missing. There are countless stories of perished on September 11 and extends for immediate action. Although this is firefighters having their charred, melt- our sympathy to their families. It en- not the normal process, in the interest ed boots cut off their feet, of having courages the President of the United of time the committee will occasion- their wounds bandaged and then States to issue a proclamation calling ally discharge consideration, particu- defying doctors’ orders and returning, upon the American people to support larly for a measure as important as battered and exhausted, to Ground our emergency service workers and en- this. What the House will do in the Zero to try to find that one living mir- courages all levels of government to next 40 minutes is important, and we acle. continue to work together to coordi- will discuss, and this piece of legisla- As a Nation, we are awed and hum- nate emergency preparedness. tion will honor true American heroes. bled by their courage, their effort and These first responders, our fire- H. Con. Res. 233 recognizes the sac- their sacrifice. We thank those who fighters, law enforcement officers and rifice and dedication of all of the emer- rushed into the fiery World Trade Cen- emergency medical service personnel, gency responders who risked their lives ter and the Pentagon and rose to the risked and gave their lives so that oth- assisting in relief efforts following the challenge that was the core of their ev- ers could get to safety. terrorist attacks of September 11. eryday lives and their beloved profes- In the immediate days following the Tragically, many of these initial re- sions. We grieve for all those rescue attack, thousands of the first respond- sponders became victims of the attacks workers who gave their lives, for the ers rushed to offer assistance, and and did not survive the collapse of the 4,700 innocent victims of this abhorrent many are still working around the World Trade Center. Three hundred terrorist attack, and for the family clock at the World Trade Center and forty-three firefighters, 23 police offi- members and friends who are left be- the Pentagon. We are very appreciative cers, and 74 members of the Port Au- hind. for what they have done and continue thority are all dead and many are still So many lives were changed forever to do. Without their help, many more missing. Twenty-eight engine compa- that morning. Fathers, mothers, sons, would have been injured or perished.

VerDate 13-OCT-2001 05:21 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.013 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7385 Our Nation’s emergency preparedness their love of their neighbors before of support that we have witnessed since is dependent upon our local first re- themselves. that day. sponders. Federal programs within The stories will be told for many The American spirit has not been di- FEMA and the Department of Justice years to come. There will be new anec- minished. Instead, it has been ener- help prepare and support first re- dotes, new names and new faces. They gized. On behalf of New York, I want to sponder programs, but the strength of will inspire generations of young first sincerely thank my colleagues and the the program nationwide is that the responders and offer reflection for all American people for their outpouring service providers are local. They are citizens alike. of support to all of us during these often volunteers, and each of them is First responders plan and train for very, very difficult times. highly involved in their community. mass casualties every day, hoping the I am so pleased to be here today and I strongly encourage all levels of gov- need for such large and difficult rescue have the House of Representatives con- ernment to work together to more ef- efforts remains an exercise. But Sep- sidering this resolution. It is, of course, fectively plan and coordinate our Na- tember 11 was real. The loss of life and timely and, of course, very warranted. tion’s domestic terrorism programs. As injury to first responders was real. The I think it is particularly poignant we have witnessed, the emergency re- attacks on our Nation were real. that the gentleman from Oklahoma sponders are our first line of defense in First responders will be there on the (Mr. WATTS) is the sponsor of this reso- the aftermath of a terrorist incident. It frontline for future tragedies. They lution. I am proud to be a sponsor with is critical that our Nation and our na- will work night and day to rescue and him. The people of Oklahoma also tional preparedness programs assist assist the afflicted and the affected and know personally of the tragedy of ter- our local first responders by providing the injured. We must never forget the rorism. I do not know of anyone who does not them with the best information, train- work that they do. We must never for- get choked up when we hear the stories ing, and equipment. get the sacrifices that they make. of people rushing away from the World Madam Speaker, our Nation’s first I thank my colleagues, and especially Trade Center on the terrible day of responders deserve our gratitude for the gentleman from New York (Mr. September 11. But when they were their heroic work on September 11 and ENGEL), who has cosponsored this reso- rushing away, they were passing fire- what they do to protect and help all of lution with me; and I urge all Members fighters and police officers and emer- us and our families 24 hours a day, 7 to support this tribute to the first re- gency medical personnel who were run- days a week, 365 days a year. I urge my sponders who made the ultimate sac- ning toward the World Trade Center. colleagues to join me in supporting rifice during their service to our Na- These first responders did not think of this legislation. tion. their own lives; they thought of saving Madam Speaker, I reserve the bal- Madam Speaker, I close by just re- minding how often in the year 2001 in other lives. ance of my time. So this resolution honors and com- Mr. LATOURETTE. Madam Speaker, today’s society, we often throw around mends the first responders, law en- it is my pleasure to yield such time as the word hero, and we are pretty cava- forcement officers, firefighters, and he may consume to the gentleman lier about the word hero. But if you emergency medical personnel, who par- from Oklahoma (Mr. WATTS), the au- want to go and see a real live hero, go ticipated in evacuating and rescuing thor of House Concurrent Resolution look at the men and women who put on people at the World Trade Center and 233. the uniforms every day to serve in our the Pentagon after the terrorist at- Mr. WATTS of Oklahoma. Madam fire departments around the country, tacks on September 11. It also ex- Speaker, I thank my friend from Ohio some on a volunteer basis, those men presses Congress’ profound sorrow for for yielding me time. and women who put on the police uni- the deaths and injuries suffered by first Madam Speaker, I rise to honor and forms every single day. I might add I responders and extends its deepest respect and pay homage to the brave am pretty proud to say my father was sympathies to the families and loved American firefighters, police officers, a police officer, so I know the sacrifices ones of those who died. and emergency medical professionals that those men and women make, the I might say I visited ground zero a who suffered injury and death as they selfless commitment that they make to number of times and have again been helped those in need during the ter- our communities, to our States, to our overwhelmed by the outpouring of first rorist attack on our Nation. Nation. responders again trying to pick September 11, 2001, stirs many feel- On behalf of a grateful Nation, we through the rubble and trying to help ings to many people. I feel happy to be say thank you to all of those first re- and just trying to give comfort. First an American. Witnessing the heroic ac- sponders who go out every day and responders, ironworkers, my dad was tions by these first responders shows show us what real heroes are all about. an ironworker for 40 years. It is some- that even in the face of senseless vio- Mr. COSTELLO. Madam Speaker, I thing that really makes us proud to be lence, there can be good. Knowing that yield 5 minutes to the gentleman from Americans, proud to be New Yorkers. so many people came to the aid of their New York (Mr. ENGEL). Like so many people, like so many neighbors proves there is so much Mr. ENGEL. Madam Speaker, I thank New Yorkers, I have been personally goodness in this great land that we all my friend for yielding me time; and I affected by the attacks. My good friend call home. thank my colleague, the gentleman and constituent, Sally Reganhard, lost Just like the first responders 6 years from Oklahoma (Mr. WATTS), for work- her son Christian, who was also my ago in Oklahoma City, the emergency ing with me on this resolution, as we constituent. Christian was a firefighter personnel in Manhattan, Pennsylvania, have worked on so many other things for only 6 weeks in New York City, and and at the Pentagon have done in the past and will continue to do so on September 11 he responded to the yeomen’s work under the most difficult in the future. call of duty as he had during those past of circumstances. No one woke up that This resolution was being put to- 6 weeks. We memorialized him last Fri- morning to know what would lie ahead. gether prior to the events of September day at St. Patrick’s Cathedral in New No one had warning or time to prepare 11, but the events of September 11 have York. It was very, very difficult. There that day. It was an immediate reaction made us realize even more how fortu- were thousands and thousands of peo- of aid and rescuers, a life-saving effort nate we are to have the first respond- ple there, and firefighters from all of service to their country. ers. First responders obviously did not around the country and Canada. To the families of the fallen, nothing start on September 11. They have been Although my friend is very sad, in- can bring back the lives of loved ones. there with us for all time; and we are deed she and I and everyone who knew But Congress today expresses its pro- very, very deeply grateful. Christian are also very proud. He will found sorrow while offering its bottom- The events of September 11 will be always be with us and will always be a less gratitude. We are sorry you are with us always. My thoughts and pray- great role model and hero, again, as suffering over the loss of your family ers are with all the families affected by will all the other first responders who and friends. We are grateful for the this terrible tragedy. Though my heart responded on those days. heroism exhibited by first responders is heavy, my spirits have been lifted by All Americans owe so much to these who put their country, their duty and the incredible heroism and outpouring brave men and women that Congress is

VerDate 13-OCT-2001 05:21 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.063 pfrm01 PsN: H30PT1 H7386 CONGRESSIONAL RECORD — HOUSE October 30, 2001 taking the time to recognize. It is the ber and have had the opportunity to We thank you and honor you for the work that least we can do. Again I want to thank visit the carnage at the Pentagon and you have done, and we ask that God continue all my colleagues on both sides of the what was the World Trade Center, what to bless you as we face this uncertain future. aisle who have done so much to make is known as ground zero, but no one in Mr. CRAWLEY. Madam Speaker, first I this resolution a reality. We will con- this Chamber was there as it was oc- would like to thank Congressman WATTS and tinue to provide aid and comfort to curring. But the men and women that my friend, Congressman ENGEL of New York those who suffered the terrible trage- we honor with H. Con. Res. 233 were in for sponsoring this important resolution. dies of September 11. fact there. Who are first responders? Mr. LATOURETTE. Madam Speaker, I was struck, I come from a small First responders are the brave policemen it is my pleasure to yield such time as town, I know my ranking member, the and women who raced to the scene of these he may consume to the gentleman gentleman from Illinois (Mr. horrific crimes against humanity. They are the from Maryland (Mr. GILCHREST). COSTELLO), does not come from a big firemen and women who raced to crumbling Mr. GILCHREST. Madam Speaker, I area like the gentleman from New buildings veiled in stinging smoke and filled thank the chairman for yielding me York City (Mr. ENGEL), but from time with fire without any thought to their personal time. to time in our local newspapers we will safety. They were the emergency rescue per- I want to thank the chairman and see a display such as it this, and it will sonnel, EMT’s, that perished in last month’s ranking member and the staff on both be the smiling graduating class of a po- terrorist attacks so that others may live. sides for bringing this resolution to the lice or fire academy. I do not think it is not an overstatement to floor in what really is a timely manner say that the American spirit is embodied in the b 1645 for us to say a few words to, in the way way these brave men and women lived and we can, to honor those people who went On September 23, this ran in The New died. to the tragedy to save lives and to York Times. Madam Speaker, these What makes a nation great? Our nation is built upon the principle that all comfort the afflicted. faces are the faces of those who died in men and women are created equal and free. Whether they were firemen or police- an attempt to save others, not just an Our government institutions, our economic men or medical personnel or just an av- attempt, they saved countless others might and our preeminent military strength all erage citizen responding to a tragedy, on the morning of September 11. It is make America an envied model. But they are they responded in a way to save lives. not until that we can look at two full pages in the newspaper of lives that more the result than the cause of greatness. They responded in a way to comfort The true source of our greatness is a na- were full and vibrant prior to that those who were injured. They did not tional spirit that imbues so many with the will morning of September 11 that we rec- respond to political ideology, they did to give what Abraham Lincoln called, ‘‘the last ognize again not only the gravity of not respond to religious differences, full measure of devotion.’’ Defending a cause what these terrorists have done to our they did not respond to the cultural di- larger than one’s self. Risking their lives so country, but the raw courage of the vide that separates us from much of that others may be saved. That is what these first responders and the fire, the police the rest of the world. They responded, men and women did, and I ask my colleagues and the Port Authority of New York pure and simple, to human suffering, to join me in honoring these fallen heroes. human tragedy and human need. This City and in Washington, D.C. as well. This bill is in memory of those who have is what we come here today to honor. So I am certain that every one of our made the ultimate sacrifice. May we always It is very difficult for us to com- colleagues will support this legislation, remember those who died so that others may prehend the madness that caused this and I urge them to do that. live. And may we honor these brave men and tragedy. That is in fact pervasive and Ms. JACKSON-LEE of Texas. Madam women for their last full measure of devotion. persistent in a tiny fraction of the Speaker, I rise in support of H. Con. Res. 233. Mr. GILMAN. Madam Speaker, I rise in human population. But it is easy to un- Passage of this resolution pays proper respect strong support of H. Con. Res. 233, express- derstand why so many brave men and to those brave public servants who were first ing Congress’ profound sorrow for the death women gave their lives on that tragic to arrive at the World Trade Center and the and injuries suffered by first responders in the morning of September 11. It is easy for Pentagon after the events that unfolded Sep- aftermath of the September 11 Terrorist at- us, and we should always remember the tember 11, 2001. tacks. unity of purpose for which they gave Madam Speaker, it has been nearly two As our Nation resolutely moves forward in their lives and for which we are here months since the Nation was shocked into a the wake of the recent terrorist attacks, we re- this afternoon honoring that courage new reality by agents of terror. In the days member the bravery and selfless sacrifices of and that strength. It is for those young and weeks following these events, Americans all the men and women in uniform who rushed men and women, those middle-aged of all races and creeds have been impressed in to save their fellow citizens in the myriad men and women, and those senior citi- with both the magnitude of the task those who emergency situations which arose from the zens that gave their lives that morning responded first had to perform and the valor September 11th barbaric, terrorist attacks on and for their friends and for their rel- with which these public servants performed our Nation. atives and for America, to never forget. their duties. In my own district we lost over 35 fire- We will prevail. People all over the world have taken to call- fighters and policeofficers in the September Mr. COSTELLO. Madam Speaker, I ing these men and women heroes because of 11th attacks on New York, in addition to over have no further requests for time, and their selflessness, and this body should be no 65 next of kin. These brave first responders I yield back the balance of my time. exception. It is fitting, then that we take time paid the ultimate sacrifice in the valiant execu- Mr. LATOURETTE. Madam Speaker, here today to honor those heroes. Those first tion of their duties and their heroism will re- I yield myself such time as I may con- to respond must hear clearly that America main an enduring legacy to our Nation. We sume. says thank you. Those first responders who must never forget that thousands of innocent Madam Speaker, to briefly close, we were injured or lost their lives must also be American citizens were saved by the actions want to thank on the subcommittee recognized. To those brave public servants of these first responders. We thank and honor and the full committee the work of the and their families I say, ‘‘thank you for all you them for their service to their country and to gentleman from Oklahoma (Mr. have sacrificed for this nation.’’ their fellow citizens. Accordingly I urge my col- WATTS) and the gentleman from New Madam Speaker we find ourselves in a new leagues to support this important measure. York (Mr. ENGEL) for bringing this im- war. In this new war, we must develop new Mr. SMITH of Michigan. Madam Speaker, portant piece of legislation to our at- levels of respect for those who choose to save with this resolution we honor those who on tention. We want to thank the leader- lives for a living. The contribution they have September 11 paid the ultimate sacrifice—the ship of our committee, the gentleman chosen to make to society has taken on a re- firefighters, emergency medical personnel, and from Minnesota (Mr. OBERSTAR) and newed importance. It is therefore of the utmost police who are the first to arrive at the scene the gentleman from Alaska (Mr. importance that we continue to find ways to in- of an emergency, and the last to leave. YOUNG), for making sure it is being ex- tegrate the actions of the various civic, state According to the International Association of peditiously considered. and federal institutions whose personnel must Fire Fighters, more public safety officers were Madam Speaker, there are some coordinate actions at the scene of a tragedy. lost in the attack on the United States yester- things that you do not think you are This Congress is united in its support for day than any other single event in modern his- going to see in life. Many in this Cham- those citizens whose job it is to save the day. tory.

VerDate 13-OCT-2001 05:44 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 9920 E:\CR\FM\K30OC7.065 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7387 As the Nation mourns the deaths of thou- regard for themselves constantly prompts those present have voted in the affirm- sands of our fellow citizens, as we take stock them to assist one another and inclines their ative. of the destruction caused by last week’s ter- willingness to sacrifice a portion of their time Mr. LATOURETTE. Madam Speaker, rorist attacks, we should also pause for a mo- and property to the welfare of the state.’’ on that I demand the yeas and nays. ment to reflect on the brave men and women These words describe the 300 firefighters and The yeas and nays were ordered. in New York City who put their lives on the 70 police officers that have died in this sense- The SPEAKER pro tempore. Pursu- line to protect fellow citizens. less tragedy. Their names are forever in- ant to clause 8 of rule XX and the In every small town and suburb and big city scribed on the portals of fame. America now Chair’s prior announcement, further across America, there are people just like the truly understands how much we as a nation proceedings on this motion will be over 300 first responders who gave their lives owe these heroic people, both those who have postponed. made the ultimate sacrifice, and those who in New York. In Michigan, we too have experi- f enced the loss of emergency personnel. Last continue to serve with honor day in and day year alone, four Michigan firefighters lost their out. God help us always to have these men GENERAL LEAVE lives. Each of these deaths is a tragedy for and women who believe in what they are Mr. LATOURETTE. Madam Speaker, family, friends, and community. doing and who will fight to the very end for I ask unanimous consent that all Mem- What happened at the World Trade Center what they believe. bers may have 5 legislative days within in New York will live in our memories forever. This resolution also speaks to the unity of which to revise and extend their re- public safety officers. There is an old saying in We can be proud that at a time of great peril, marks and include extraneous material the fire service that goes, ‘‘Firemen are a the Nation’s first responders answered the on H. Con. Res. 233. brotherhood. They do not care what depart- call, conducting themselves with a selfless- The SPEAKER pro tempore. Is there ment a man belongs, if he is a fireman en- ness and dedication that does credit to them- objection to the request of the gen- rolled for the same purpose, fighting under the selves, their city, and their country. tleman from Ohio? same banner, they are ready to extend the Many thousands of people would not be There was no objection. alive today if it were not for the heroic efforts hand of fellowship.’’ This is true literally and of these men and women. In one of the coun- figuratively. Literally, there are many families f try’s darkest hours, they kept faith with their who serve together as firefighters and police RECESS colleagues, with those in need, and with their officers or both in New York City. Currently, The SPEAKER pro tempore. Pursu- country. they are working to help recover their figu- ant to clause 12 of rule I, the Chair de- Our Nation’s founders were deeply com- rative brothers and sisters. This figurative clares the House in recess until ap- mitted to the idea that the individual had an bond was also evident with the outpouring of proximately 6 p.m. obligation to serve the community. The Na- help that came into the New York City, and Accordingly (at 4 o’clock and 46 min- tion’s first responders live this ideal every day. Virginia from around the country and the utes p.m.), the House stood in recess They lived it again on September 11, and be- world. So much help, that some of it had to be until approximately 6 p.m. cause they did, they gave their lives. turned away. The literal and figurative unity is While we have cause to mourn these stronger than ever as a result of the attacks f deaths, we should also celebrate the values on our country. b 1800 their lives exhibited, values that represent the When I visited the Pentagon and ‘‘Ground very best of America. Zero’’ with President Bush in New York, I saw AFTER RECESS first hand the destruction and the tireless res- We have suffered a grievous loss. But the The recess having expired, the House wonderful thing about America is that we will cue efforts underway. I thought to myself, ‘‘why do these people, the firefighters and po- was called to order by the Speaker pro bounce back. For every firefighter who fell on tempore (Mr. GILCHREST) at 6 p.m. September 11, someone else will take his lice officers, do what they do?’’ I soon recalled place. For every emergency responder who a book I had read in the 1970’s by Dennis f paid with his life, another will emerge. For Smith, a retired New York City fireman and founder of Firehouse Magazine who also as- ANNOUNCEMENT BY THE SPEAKER every police and port authority officer who fell PRO TEMPORE in the line of duty, another citizen will answer sisted in the rescue efforts. In his classic book the call. That is the American way. ‘‘Report from Engine Co. 82’’, an account of The SPEAKER pro tempore. Pursu- On September 11, the Nation’s firefighters his life on a South Bronx fireman, Smith said ant to clause 8 of rule XX, the Chair showed the world what courage means. If we after recovering a victim who had perished in will now put the question on each mo- expect the fire services—many of whom de- a fire, ‘‘I don’t say anything further, nor does tion to suspend the rules on which fur- pend on volunteers—to deal with terrorist at- Billy, as I look up to his eyes. They are almost ther proceedings were postponed ear- fully closed, but I can see they are wet and tacks, we have a responsibility to provide lier today. teary. The corneas are red from heat and them with the help they need so that they can Votes will be taken in the following smoke, and light reflects from the watered sur- continue to protect lives and property. order: face, and they sparkle. I wish my wife, my Madam Speaker, as a member of the con- House Concurrent Resolution 243, by mother, and everyone who has ever asked me ference on the defense authorization bill, I will the yeas and nays; why I do what I do, could see the humanity, be pushing for a large increase in the author- H.R. 2559, by the yeas and nays; the sympathy, the sadness of these eyes, be- ized funding for the Assistance to Firefighters H.R. 2910, by the yeas and nays; cause this is the reason I continue to be a fire- Grants Program to $1 billion for each fiscal House Concurrent Resolution 233, by fighter.’’ America saw this same scene played years 2002, 2003, and 2004. the yeas and nays. out time and time again on September 11th Our thoughts and our prayers are with the The Chair will reduce to 5 minutes and the following days. As a result, we as a families of the fallen heroes to whom we owe the time for any electronic vote after nation can start to understand why they con- so much. God bless those who have died, the first such vote in this series. tinuously sacrifice their lives and pay them a God bless their families, and God bless Amer- long overdue thank you. f ica. We thank them, we praise them, and we will PRESENTATION OF PUBLIC SAFE- Mr. WALSH. Madam Speaker, I also rise in never forget them. God bless these heroes, support of this resolution sponsored by Con- TY OFFICER MEDAL OF VALOR their families and God bless America. IN RESPONSE TO TERRORIST AT- gressmen ENGEL and WATTS, that expresses Mr. LATOURETTE. Madam Speaker, TACKS OF SEPTEMBER 11, 2001 our profound sorrow for the senseless loss of I yield back the balance of my time. life and injuries suffered by our heroic first re- The SPEAKER pro tempore (Mrs. The SPEAKER pro tempore. The sponders as a result of the World Trade Cen- BIGGERT). The question is on the mo- pending business is the question of sus- ter, Pentagon, and Pennsylvania tragedies on tion offered by the gentleman from pending the rules and agreeing to the Tuesday, September 11, 2001. My prayers, Ohio (Mr. LATOURETTE) that the House concurrent resolution, H. Con. Res. 243. thoughts and deepest sympathies are with suspend the rules and agree to the con- The Clerk read the title of the con- their families and loved ones at this definitive current resolution, H. Con. Res. 233. current resolution. moment in American history. The question was taken. The SPEAKER pro tempore. The Tocqueville once said of Americans, ‘‘They The SPEAKER pro tempore. In the question is on the motion offered by show with complacency how an enlightened opinion of the Chair, two-thirds of the gentleman from Wisconsin (Mr.

VerDate 13-OCT-2001 05:21 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.034 pfrm01 PsN: H30PT1 H7388 CONGRESSIONAL RECORD — HOUSE October 30, 2001 SENSENBRENNER) that the House sus- Myrick Rohrabacher Sununu pending the rules and passing the bill, Nadler Ros-Lehtinen Sweeney pend the rules and agree to the concur- Napolitano Ross Tancredo H.R. 2559. rent resolution, H. Con. Res. 243, on Neal Rothman Tanner The Clerk read the title of the bill. which the yeas and nays are ordered. Nethercutt Roukema Tauscher The SPEAKER pro tempore. The Ney Roybal-Allard Tauzin question is on the motion offered by The vote was taken by electronic de- Norwood Royce Taylor (MS) vice, and there were—yeas 409, nays 0, Nussle Rush Taylor (NC) the gentlewoman from Virginia (Mrs. not voting 23, as follows: Oberstar Ryan (WI) Terry JO ANN DAVIS) that the House suspend Obey Ryun (KS) Thomas [Roll No. 408] the rules and pass the bill, H.R. 2559, on Olver Sabo Thompson (CA) which the yeas and nays are ordered. YEAS—409 Ortiz Sanchez Thornberry Osborne Sanders Thune This will be a 5-minute vote. Abercrombie DeLauro Istook Ose Sandlin Thurman The vote was taken by electronic de- Ackerman DeMint Jackson (IL) Otter Sawyer Tiahrt vice, and there were—yeas 406, nays 1, Aderholt Deutsch Jackson-Lee Owens Saxton Tiberi Akin Diaz-Balart (TX) Oxley Schaffer Tierney not voting 25, as follows: Allen Dicks Jefferson Pallone Schakowsky Toomey [Roll No. 409] Andrews Dingell Jenkins Pascrell Schiff Towns Armey Doggett John Pastor Schrock Traficant YEAS—406 Baca Doolittle Johnson (CT) Paul Scott Turner Abercrombie Davis (FL) Holden Bachus Doyle Johnson (IL) Payne Sensenbrenner Udall (CO) Ackerman Davis (IL) Holt Baird Dreier Johnson, E. B. Pelosi Serrano Udall (NM) Aderholt Davis, Jo Ann Honda Baker Duncan Johnson, Sam Pence Sessions Upton Akin Davis, Tom Horn Baldacci Edwards Jones (NC) Peterson (MN) Shadegg Velazquez Allen Deal Hostettler Baldwin Ehlers Jones (OH) Peterson (PA) Shaw Visclosky Andrews DeFazio Houghton Ballenger Ehrlich Kanjorski Petri Shays Vitter Armey Delahunt Hoyer Barcia Emerson Kaptur Phelps Sherman Walden Baca DeLauro Hulshof Barr Engel Kelly Pickering Sherwood Walsh Bachus DeMint Hunter Barrett English Kennedy (MN) Pitts Shimkus Wamp Baird Deutsch Hyde Bartlett Eshoo Kennedy (RI) Platts Shuster Waters Baker Diaz-Balart Inslee Barton Etheridge Kerns Pombo Simmons Watkins (OK) Baldacci Dicks Isakson Bass Evans Kildee Pomeroy Simpson Watson (CA) Baldwin Dingell Israel Becerra Everett Kilpatrick Portman Skeen Watt (NC) Ballenger Doggett Issa Bentsen Farr Kind (WI) Price (NC) Skelton Watts (OK) Barcia Doolittle Istook Bereuter Fattah King (NY) Pryce (OH) Slaughter Waxman Barr Doyle Jackson (IL) Berkley Ferguson Kingston Putnam Smith (MI) Weiner Barrett Dreier Jackson-Lee Berman Filner Kirk Quinn Smith (NJ) Weldon (FL) Bartlett Duncan (TX) Berry Flake Kleczka Radanovich Smith (TX) Weldon (PA) Barton Edwards Jefferson Biggert Fletcher Knollenberg Rahall Smith (WA) Weller Bass Ehlers Jenkins Bilirakis Foley Kolbe Ramstad Snyder Wexler Becerra Ehrlich John Bishop Forbes Kucinich Rangel Solis Whitfield Bentsen Emerson Johnson (CT) Blagojevich Ford LaFalce Regula Souder Wicker Bereuter Engel Johnson (IL) Blumenauer Fossella LaHood Rehberg Spratt Wilson Berkley English Johnson, E. B. Blunt Frank Lampson Reyes Stark Wolf Berman Eshoo Johnson, Sam Boehlert Frelinghuysen Langevin Reynolds Stearns Woolsey Berry Etheridge Jones (NC) Boehner Frost Lantos Rivers Stenholm Wu Biggert Evans Jones (OH) Bonilla Gallegly Largent Rodriguez Strickland Wynn Bilirakis Everett Kanjorski Bonior Ganske Larsen (WA) Roemer Stump Young (AK) Bishop Farr Kaptur Bono Gekas Larson (CT) Rogers (MI) Stupak Young (FL) Blagojevich Fattah Kelly Borski Gephardt Latham Blumenauer Ferguson Kennedy (MN) Boswell Gibbons LaTourette NOT VOTING—23 Blunt Filner Kennedy (RI) Boyd Gilchrest Leach Boucher Dooley Menendez Boehlert Flake Kerns Brady (PA) Gillmor Lee Brady (TX) Dunn Murtha Boehner Fletcher Kildee Brown (FL) Gilman Levin Carson (OK) Granger Northup Bonilla Foley Kilpatrick Brown (OH) Gonzalez Lewis (CA) Conyers Greenwood Riley Bonior Forbes Kind (WI) Brown (SC) Goode Lewis (GA) Cooksey Hooley Rogers (KY) Bono Ford King (NY) Bryant Goodlatte Lewis (KY) Cubin Keller Shows Borski Fossella Kingston Burr Gordon Linder DeGette McCrery Thompson (MS) Boswell Frank Kirk Burton Goss Lipinski DeLay McHugh Boyd Frost Kleczka Buyer Graham LoBiondo Brady (PA) Gallegly Knollenberg Callahan Graves Lofgren b 1824 Brown (FL) Ganske Kolbe Calvert Green (TX) Lowey Brown (OH) Gekas Kucinich Camp Green (WI) Lucas (KY) So (two-thirds having voted in favor Brown (SC) Gephardt LaFalce Cannon Grucci Lucas (OK) thereof) the rules were suspended and Bryant Gibbons LaHood Cantor Gutierrez Luther the concurrent resolution was agreed Burr Gilchrest Lampson Capito Gutknecht Lynch Burton Gillmor Langevin Capps Hall (OH) Maloney (CT) to. Buyer Gilman Lantos Capuano Hall (TX) Maloney (NY) The result of the vote was announced Callahan Gonzalez Largent Cardin Hansen Manzullo as above recorded. Calvert Goode Larsen (WA) Carson (IN) Harman Markey A motion to reconsider was laid on Camp Goodlatte Larson (CT) Castle Hart Mascara Cannon Gordon Latham Chabot Hastings (FL) Matheson the table. Capito Goss LaTourette Chambliss Hastings (WA) Matsui Stated for: Capps Graham Leach Clay Hayes McCarthy (MO) Mrs. NORTHUP. Mr. Speaker, on rollcall Capuano Graves Lee Clayton Hayworth McCarthy (NY) Cardin Green (TX) Levin Clement Hefley McCollum No. 408 I was inadvertently detained. Had I Carson (IN) Green (WI) Lewis (CA) Clyburn Herger McDermott been present, I would have voted ‘‘yea.’’ Castle Grucci Lewis (GA) Coble Hill McGovern f Chabot Gutierrez Lewis (KY) Collins Hilleary McInnis Chambliss Gutknecht Linder Combest Hilliard McIntyre ANNOUNCEMENT BY THE SPEAKER Clay Hall (OH) Lipinski Condit Hinchey McKeon Clayton Hall (TX) LoBiondo Costello Hinojosa McKinney PRO TEMPORE Clement Hansen Lofgren Cox Hobson McNulty The SPEAKER pro tempore (Mr. Clyburn Harman Lowey Coyne Hoeffel Meehan Coble Hart Lucas (KY) Cramer Hoekstra Meek (FL) GILCHREST). Pursuant to clause 8 of Collins Hastings (FL) Lucas (OK) Crane Holden Meeks (NY) rule XX, the Chair will reduce to 5 min- Combest Hastings (WA) Luther Crenshaw Holt Mica utes the minimum time for electronic Condit Hayes Lynch Crowley Honda Millender- voting on each additional motion to Costello Hayworth Maloney (CT) Culberson Horn McDonald Cox Hefley Maloney (NY) Cummings Hostettler Miller, Dan suspend the rules on which the Chair Coyne Herger Manzullo Cunningham Houghton Miller, Gary has postponed further proceedings. Cramer Hill Markey Davis (CA) Hoyer Miller, George Crane Hilleary Mascara Davis (FL) Hulshof Miller, Jeff f Crenshaw Hilliard Matheson Davis (IL) Hunter Mink FEDERAL LONG-TERM CARE Crowley Hinchey Matsui Davis, Jo Ann Hyde Mollohan Culberson Hinojosa McCarthy (MO) Davis, Tom Inslee Moore INSURANCE AMENDMENTS ACT Cummings Hobson McCarthy (NY) Deal Isakson Moran (KS) The SPEAKER pro tempore. The Cunningham Hoeffel McCollum DeFazio Israel Moran (VA) Davis (CA) Hoekstra McDermott Delahunt Issa Morella pending business is the question of sus-

VerDate 13-OCT-2001 05:21 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.069 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7389 McGovern Pryce (OH) Spratt The SPEAKER pro tempore. The Miller, Dan Reyes Strickland McInnis Putnam Stark Miller, Gary Reynolds Stump McIntyre Quinn Stearns question is on the motion offered by Miller, George Rivers Stupak McKeon Radanovich Stenholm the gentlewoman from Virginia (Mrs. Miller, Jeff Rodriguez Sununu McKinney Rahall Strickland JO ANN DAVIS) that the House suspend Mink Roemer Sweeney McNulty Ramstad Stump the rules and pass the bill, H.R. 2910, on Mollohan Rogers (MI) Tancredo Meehan Rangel Stupak Moore Rohrabacher Tanner Meek (FL) Regula Sununu which the yeas and nays are ordered. Moran (KS) Ros-Lehtinen Tauscher Meeks (NY) Rehberg Sweeney This will be a 5-minute vote. Moran (VA) Ross Tauzin Mica Reyes Tancredo Morella Rothman Taylor (MS) Millender- Reynolds Tanner The vote was taken by electronic de- Myrick Roukema Taylor (NC) McDonald Rivers Tauscher vice, and there were—yeas 405, nays 0, Nadler Roybal-Allard Terry Miller, Dan Rodriguez Tauzin not voting 27, as follows: Napolitano Royce Thomas Miller, Gary Roemer Taylor (MS) Neal Rush Thompson (CA) Miller, George Rogers (MI) Taylor (NC) [Roll No. 410] Nethercutt Ryan (WI) Thornberry Miller, Jeff Rohrabacher Terry YEAS—405 Ney Ryun (KS) Thune Mink Ros-Lehtinen Thomas Norwood Sabo Thurman Mollohan Ross Thompson (CA) Abercrombie Davis, Tom Hulshof Nussle Sanchez Tiahrt Moore Rothman Thornberry Ackerman Deal Hyde Oberstar Sanders Tiberi Moran (KS) Roukema Thune Aderholt DeFazio Inslee Obey Sandlin Tierney Moran (VA) Roybal-Allard Thurman Akin Delahunt Isakson Olver Sawyer Toomey Morella Royce Tiahrt Allen DeLauro Israel Ortiz Saxton Towns Myrick Rush Tiberi Andrews DeMint Issa Osborne Schaffer Traficant Nadler Ryan (WI) Tierney Armey Deutsch Istook Ose Schakowsky Turner Napolitano Ryun (KS) Toomey Baca Diaz-Balart Jackson (IL) Otter Schiff Udall (CO) Neal Sabo Towns Bachus Dicks Jackson-Lee Owens Schrock Udall (NM) Nethercutt Sanchez Traficant Baird Dingell (TX) Oxley Scott Upton Ney Sanders Turner Baker Doggett Jefferson Pallone Sensenbrenner Velazquez Northup Sawyer Udall (CO) Baldacci Doolittle Jenkins Pascrell Serrano Visclosky Norwood Saxton Udall (NM) Baldwin Doyle John Pastor Sessions Vitter Nussle Schaffer Upton Ballenger Dreier Johnson (CT) Paul Shadegg Walden Oberstar Schakowsky Velazquez Barcia Duncan Johnson (IL) Payne Shaw Walsh Obey Schiff Visclosky Barr Ehlers Johnson, E. B. Pelosi Shays Wamp Olver Schrock Vitter Barrett Ehrlich Johnson, Sam Pence Sherman Waters Ortiz Scott Walden Bartlett Emerson Jones (NC) Peterson (MN) Sherwood Watkins (OK) Osborne Sensenbrenner Walsh Barton Engel Jones (OH) Peterson (PA) Shimkus Watson (CA) Ose Serrano Wamp Bass English Kanjorski Petri Shuster Watt (NC) Otter Sessions Waters Becerra Eshoo Kaptur Phelps Simmons Watts (OK) Owens Shadegg Watkins (OK) Bentsen Etheridge Kelly Pickering Simpson Waxman Oxley Shaw Watson (CA) Bereuter Everett Kennedy (MN) Pitts Skeen Weiner Pallone Shays Watt (NC) Berkley Farr Kennedy (RI) Platts Skelton Weldon (FL) Pascrell Sherman Watts (OK) Berman Fattah Kerns Pombo Slaughter Weldon (PA) Pastor Sherwood Waxman Berry Ferguson Kildee Pomeroy Smith (MI) Weller Payne Shimkus Weiner Biggert Filner Kilpatrick Portman Smith (NJ) Wexler Pelosi Shuster Weldon (FL) Bilirakis Flake Kind (WI) Price (NC) Smith (TX) Whitfield Pence Simmons Weldon (PA) Bishop Fletcher King (NY) Pryce (OH) Smith (WA) Wicker Peterson (MN) Simpson Weller Blagojevich Foley Kingston Putnam Snyder Wilson Peterson (PA) Skeen Wexler Blumenauer Forbes Kirk Radanovich Solis Wolf Petri Skelton Whitfield Blunt Ford Kleczka Rahall Souder Woolsey Phelps Slaughter Wicker Boehlert Fossella Knollenberg Ramstad Spratt Wu Pickering Smith (MI) Wilson Boehner Frank Kolbe Rangel Stark Wynn Pitts Smith (NJ) Wolf Bonilla Frelinghuysen Kucinich Regula Stearns Young (FL) Platts Smith (TX) Woolsey Bonior Frost LaFalce Rehberg Stenholm Pombo Smith (WA) Wu Bono Gallegly LaHood Pomeroy Snyder Wynn Borski Ganske Lampson NOT VOTING—27 Portman Solis Young (AK) Boswell Gekas Langevin Boucher Dunn Menendez Price (NC) Souder Young (FL) Boyd Gephardt Lantos Brady (TX) Edwards Murtha Brady (PA) Gibbons Largent Carson (OK) Evans Northup NAYS—1 Brown (FL) Gilchrest Larsen (WA) Conyers Granger Quinn Paul Brown (OH) Gillmor Larson (CT) Cooksey Greenwood Riley Brown (SC) Gilman Latham Cubin Hunter Rogers (KY) NOT VOTING—25 Bryant Gonzalez LaTourette DeGette Keller Shows Burr Goode Leach Boucher Dooley Menendez DeLay McCrery Thompson (MS) Burton Goodlatte Lee Brady (TX) Dunn Murtha Dooley McHugh Young (AK) Buyer Gordon Levin Cantor Frelinghuysen Riley Callahan Goss Lewis (CA) Carson (OK) Granger Rogers (KY) b 1843 Calvert Graham Lewis (GA) Conyers Greenwood Sandlin Camp Graves Lewis (KY) So (two-thirds having voted in favor Cooksey Hooley Shows Cannon Green (TX) Linder Cubin Keller Thompson (MS) thereof) the rules were suspended and Cantor Green (WI) Lipinski DeGette McCrery the bill was passed. Capito Grucci LoBiondo DeLay McHugh Capps Gutierrez Lofgren The result of the vote was announced b 1835 Capuano Gutknecht Lowey as above recorded. Cardin Hall (OH) Lucas (KY) A motion to reconsider was laid on So (two-thirds present having voted Carson (IN) Hall (TX) Lucas (OK) Castle Hansen Luther the table. in favor thereof) the rules were sus- Chabot Harman Lynch Stated for: pended and the bill was passed. Chambliss Hart Maloney (CT) Mrs. NORTHUP. Mr. Speaker, on rollcall The result of the vote was announced Clay Hastings (FL) Maloney (NY) No. 410 I was inadvertently detained. Had I as above recorded. Clayton Hastings (WA) Manzullo Clement Hayes Markey been present, I would have voted ‘‘yea.’’ A motion to reconsider was laid on Clyburn Hayworth Mascara f the table. Coble Hefley Matheson Stated for: Collins Herger Matsui TRIBUTE TO THE HONORABLE Combest Hill McCarthy (MO) JERRY SOLOMON, FORMER REP- Mr. CANTOR. Mr. Speaker, on rollcall No. Condit Hilleary McCarthy (NY) 409 I was unavoidably detained. Had I been Costello Hilliard McCollum RESENTATIVE FROM NEW YORK present, I would have voted ‘‘yea.’’ Cox Hinchey McDermott Mr. SWEENEY. Mr. Speaker, I ask Coyne Hinojosa McGovern f Cramer Hobson McInnis unanimous consent to address the Crane Hoeffel McIntyre House for 1 minute and to revise and NORMAN SISISKY POST OFFICE Crenshaw Hoekstra McKeon extend my remarks. BUILDING Crowley Holden McKinney Culberson Holt McNulty The SPEAKER pro tempore. Is there The SPEAKER pro tempore (Mr. Cummings Honda Meehan objection to the request of the gen- GILCHREST). The pending business is Cunningham Hooley Meek (FL) tleman from New York? the question of suspending the rules Davis (CA) Horn Meeks (NY) There was no objection. Davis (FL) Hostettler Mica and passing the bill, H.R. 2910. Davis (IL) Houghton Millender- Mr. SWEENEY. Mr. Speaker, as the The Clerk read the title of the bill. Davis, Jo Ann Hoyer McDonald Member who succeeded Congressman

VerDate 13-OCT-2001 05:47 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.023 pfrm01 PsN: H30PT1 H7390 CONGRESSIONAL RECORD — HOUSE October 30, 2001 Jerry Solomon to this body 3 years Bentsen Gallegly Lipinski Ryun (KS) Smith (WA) Traficant Bereuter Gekas LoBiondo Sabo Snyder Turner ago, I am sad to report his untimely Berkley Gephardt Lofgren Sanchez Solis Udall (CO) passing. Berman Gibbons Lucas (KY) Sanders Souder Udall (NM) Jerry Solomon served in this body Berry Gilchrest Lucas (OK) Sandlin Spratt Upton with distinction for 20 years, since 1978. Biggert Gillmor Luther Sawyer Stark Velazquez Bilirakis Gilman Lynch Saxton Stearns Visclosky We are all familiar with the phrase Bishop Gonzalez Maloney (CT) Schaffer Stenholm Vitter ‘‘My country, right or wrong.’’ With Blagojevich Goode Maloney (NY) Schakowsky Strickland Walden Jerry, it was more basic than that; it Blumenauer Goodlatte Manzullo Schiff Stump Walsh was ‘‘My country is right.’’ Blunt Gordon Markey Schrock Stupak Wamp Boehlert Goss Mascara Scott Sununu Waters Congressman Solomon has many Boehner Graham Matheson Sensenbrenner Sweeney Watkins (OK) friends in this House, and I count my- Bonilla Graves Matsui Serrano Tancredo Watson (CA) self among them. I doubt there is one Bonior Green (TX) McCarthy (MO) Sessions Tanner Watt (NC) Shadegg Tauscher Waxman among us who did not respect him. He Bono Green (WI) McCarthy (NY) Borski Grucci McCollum Shaw Tauzin Weiner was an American’s American, a Ma- Boswell Gutierrez McDermott Shays Taylor (MS) Weldon (FL) rine’s Marine, a veteran’s veteran. Boyd Gutknecht McGovern Sherman Taylor (NC) Weldon (PA) Devoted to his wife, Freda, his five Brady (PA) Hall (OH) McInnis Sherwood Terry Weller Brown (FL) Hall (TX) McIntyre Shimkus Thomas Wexler children, and his six grandchildren, Brown (OH) Hansen McKeon Shuster Thompson (CA) Whitfield Jerry Solomon became a great states- Brown (SC) Harman McKinney Simmons Thornberry Wicker man but always remained a loving hus- Bryant Hart McNulty Simpson Thune Wilson Skeen Thurman Wolf band, father, and grandfather. Burr Hastings (FL) Meehan Burton Hastings (WA) Meek (FL) Skelton Tiahrt Woolsey He was a man who ‘‘called ’em as he Buyer Hayes Mica Slaughter Tiberi Wu saw ’em.’’ Over his career, he led the Callahan Hayworth Millender- Smith (MI) Tierney Wynn Calvert Hefley McDonald Smith (NJ) Toomey Young (AK) way on veterans’ issues, culminating in Smith (TX) Towns the establishment of a cabinet post for Camp Herger Miller, Dan Cannon Hill Miller, Gary NOT VOTING—27 veterans affairs. Cantor Hilleary Miller, George He led the way in fighting to secure Capito Hilliard Miller, Jeff Boucher Dooley Meeks (NY) Capps Hinchey Mink Brady (TX) Dunn Menendez an amendment to our Constitution to Carson (OK) Ganske Murtha protect our flag. Capuano Hinojosa Mollohan Cardin Hobson Moore Conyers Granger Riley He brought a National Cemetery to Carson (IN) Hoeffel Moran (KS) Cooksey Greenwood Rogers (KY) Saratoga, New York, where he himself Castle Hoekstra Moran (VA) Cox Keller Shows Cubin Lowey Thompson (MS) will be laid to rest tomorrow. Chabot Holden Morella Chambliss Holt Myrick DeGette McCrery Watts (OK) In the final years in this House, Jerry Clay Honda Nadler DeLay McHugh Young (FL) Solomon served as chairman of the Clayton Hooley Napolitano b 1854 Committee on Rules. That achieve- Clement Horn Neal ment speaks volumes about the man, Clyburn Hostettler Nethercutt So (two-thirds having voted in favor Coble Houghton Ney thereof) the rules were suspended and the leader, and the legislator. Collins Hoyer Northup What I learned about Congressman Combest Hulshof Norwood the concurrent resolution was agreed Solomon many among us know: If he Condit Hunter Nussle to. cared enough to tell someone some- Costello Hyde Oberstar The result of the vote was announced Coyne Inslee Obey as above recorded. thing, they had better listen. Cramer Isakson Olver Mr. Speaker, Congressman Jerry Sol- Crane Israel Ortiz A motion to reconsider was laid on omon has left us, but neither he nor his Crenshaw Issa Osborne the table. Crowley Istook Ose achievements will ever be forgotten. Culberson Jackson (IL) Otter f f Cummings Jackson-Lee Owens Cunningham (TX) Oxley PERSONAL EXPLANATION Davis (CA) Jefferson Pallone Ms. DUNN, Mr. Speaker, on Tuesday, Octo- EXPRESSING PROFOUND SORROW Davis (FL) Jenkins Pascrell OF THE CONGRESS FOR DEATH Davis (IL) John Pastor ber 30, 2001, I was not present for rollcall AND INJURIES SUFFERED BY Davis, Jo Ann Johnson (CT) Paul votes 408 through 411 due to a family emer- Davis, Tom Johnson (IL) Payne gency. Had I been present, I would have FIRST RESPONDERS IN AFTER- Deal Johnson, E. B. Pelosi MATH OF TERRORIST ATTACKS DeFazio Johnson, Sam Pence voted ‘‘yea’’ on rollcall No. 408, ‘‘yea’’ on roll- ON SEPTEMBER 11, 2001 Delahunt Jones (NC) Peterson (MN) call No. 409, ‘‘yea’’ on rollcall No. 410, and DeLauro Jones (OH) Peterson (PA) ‘‘yea’’ on rollcall No. 411. The SPEAKER pro tempore (Mr. DeMint Kanjorski Petri GILCHREST). The pending business is Deutsch Kaptur Phelps f the question of suspending the rules Diaz-Balart Kelly Pickering Dicks Kennedy (MN) Pitts SPECIAL ORDERS and agreeing to the concurrent resolu- Dingell Kennedy (RI) Platts The SPEAKER pro tempore. Under tion, H. Con. Res. 233. Doggett Kerns Pombo the Speaker’s announced policy of Jan- The Clerk read the title of the con- Doolittle Kildee Pomeroy uary 3, 2001, and under a previous order current resolution. Doyle Kilpatrick Portman Dreier Kind (WI) Price (NC) of the House, the following Members The SPEAKER pro tempore. The Duncan King (NY) Pryce (OH) will be recognized for 5 minutes each. question is on the motion offered by Edwards Kingston Putnam the gentleman from Ohio (Mr. Ehlers Kirk Quinn f Ehrlich Kleczka Radanovich LATOURETTE) that the House suspend Emerson Knollenberg Rahall The SPEAKER pro tempore. Under a the rules and agree the concurrent res- Engel Kolbe Ramstad previous order of the House, the gen- olution, H. Con. Res. 233, on which the English Kucinich Rangel tleman from Indiana (Mr. BURTON) is Eshoo LaFalce Regula recognized for 5 minutes. yeas and nays are ordered. Etheridge LaHood Rehberg This will be a 5-minute vote. Evans Lampson Reyes (Mr. BURTON of Indiana addressed The vote was taken by electronic de- Everett Langevin Reynolds the House. His remarks will appear vice, and there were—yeas 405, nays 0, Farr Lantos Rivers hereafter in the Extensions of Re- Fattah Largent Rodriguez not voting 27, as follows: Ferguson Larsen (WA) Roemer marks.) [Roll No. 411] Filner Larson (CT) Rogers (MI) f Flake Latham Rohrabacher YEAS—405 Fletcher LaTourette Ros-Lehtinen THE THREAT OF AIDS STILL Abercrombie Baca Barcia Foley Leach Ross WREAKS HAVOC DOMESTICALLY Ackerman Bachus Barr Forbes Lee Rothman Aderholt Baird Barrett Ford Levin Roukema AND INTERNATIONALLY Akin Baker Bartlett Fossella Lewis (CA) Roybal-Allard The SPEAKER pro tempore. Under a Allen Baldacci Barton Frank Lewis (GA) Royce Andrews Baldwin Bass Frelinghuysen Lewis (KY) Rush previous order of the House, the gentle- Armey Ballenger Becerra Frost Linder Ryan (WI) woman from California (Ms.

VerDate 13-OCT-2001 05:21 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.075 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7391 MILLENDER-MCDONALD) is recognized tries in Africa; 1,431 of these Peace gether to rebuild our Nation and work for 5 minutes. Corps members are health volunteers toward a heightened sense of security Ms. MILLENDER-MCDONALD. Mr. who serve in Africa. to restore our lives, we must not forget Speaker, the world we live in is becom- The volunteers work in rural and the thousands of children who lost a ing more complex each and every day. urban settings in a variety of health parent or a guardian in the September The tragic and heinous events of Sep- activities, including teaching HIV/ 11 attacks. All the money and all the tember 11 transformed the way Ameri- AIDS education and prevention meth- services in the world could never re- cans and people in this world respond odologies to local people. The Peace place the loss of their loved ones, but to news. Corps would like to increase its capac- although money cannot heal their In the aftermath of recent events, ity in HIV/AIDS education and preven- scars, the passage of House Con. Reso- our country and the world is experi- tion activities, especially in the area of lution 228 can help begin to bandage encing a state of high anxiety directly training HIV/AIDS trainers; but it can- their deep wounds. related to threats of bioterrorism, and not do so without this additional ap- I am a proud original co-sponsor of H. most recently, anthrax contamination. propriation. Con. Res. 228, a resolution which calls House offices were closed, and some re- I believe that Peace Corps volunteers for the immediate benefits for children main closed, while anthrax contamina- work and perform God’s work. They who lost one or both parents or guard- tion is eliminated. Postal offices have are the vanguards of humanitarian ef- ians in the multiple tragedies. This been shut down for periods of time, and forts in the struggle to eradicate HIV/ legislation, which is being spearheaded postal workers have succumbed to an- AIDS. The volunteers’ efforts target by my friend, the gentlewoman from thrax inhalation and died from their training literate peer educators and Texas (Ms. JACKSON-LEE), will ensure exposure to this very deadly chemical community health workers who will be the children of September 11 attacks agent. training others in the community. will receive foster care, medical assist- Indeed, a war is being waged on nu- Their work is commendable and crit- ance and psychological services, all of merous fronts to preserve freedom and ical. Much of their work is targeted in which they so desperately need. the health of our Nation and its world Sub-Saharan Africa where 25 percent of partners. However, Mr. Speaker, there the population may be infected. They As co-chair of the Congressional Chil- is another deadly vital threat that has have to garner the trust of the people dren’s Caucus, the gentlewoman from been wreaking havoc domestically and in the community and then work to es- Texas (Ms. JACKSON-LEE) and I recently internationally. That threat is the tablish the building blocks necessary held a briefing to discuss the need to scourge of HIV/AIDS. to transform the attitudes and behav- prioritize Federal services and benefits for these children. Ron Houle of the b 1900 ior of at-risk populations, especially children and women. American Red Cross, Dr. Bernard Arons While our Nation and its global Their messages are directed at people from the Substance Abuse and Mental neighbors have undertaken a campaign living with HIV as well as those who Health Services Administration, and to stave off the threats of terrorism are not currently infected. Children are Cindy Friedmutter of the Evan B. Don- poised by ideological fanatics, millions the focus because they are impression- aldson Adoption Institute in New York have died and millions are suffering able and vulnerable. Young African were among the many speakers who in- from HIV/AIDS. Their plight is there. American girls must be educated be- formed us on their ability to deliver Yet global concerns revolve around po- cause they are more likely to contract services to these children. tential terrorism. Perhaps that is be- HIV and AIDS than young boys of the But most touching of all was the tes- cause the specter of 6,000 lives lost to same age, and that goes for African timony of Merino Calderon and two of terrorist acts still looms large. How- kids too. his children, Naomi, 4 years old and ever, the reality is that HIV/AIDS has Peace Corps volunteers are the front Nephtali, who is 20 months old. Their claimed the lives of over 25 million line because reality is that new drugs children were with us that day. And people including an estimated 4 million are expensive and not usually available Merino, a school bus driver lost his be- children, most of whom live in Sub-Sa- throughout Africa. Additionally, the loved wife. His two children lost obvi- haran Africa. infrastructure does not exist for moni- ously their mother at the World Trade The global AIDS crisis in Africa is toring the immune system of victims Center. Merino shared with us the dif- without question the most vexing hu- overcome by the disease who are under- ficulty of having to answer to his chil- manitarian crisis in recent history. treated. That is why we must use the dren every day the questions that they The statistics are shocking and alarm- human factor, Peace Corps volunteers, pose to him: ‘‘When is mommy coming ing. Eight thousand people died from to stem the pandemic of HIV/AIDS. back? When is she taking us to the AIDS every day last year and six peo- The Peace Corps HIV/AIDS Training park again?’’ ple died every minute. Fifty-eight mil- Enhancement Act of 2001 can be a use- He is emotionally exhausted and his lion people have been infected since the ful tool in transforming the plight of financial situation is increasingly dif- virus was first recognized 20 years ago. many throughout the world. We are all ficult. But, Mr. Speaker, Merino Recent projections are that the total members of a global village that is Calderon is one of the fortunate ones will exceed 100 million by 2007. These interdependent. Consequently, global because his daughter is receiving coun- numbers are mind-boggling. As a moth- threats in different forms such as ter- seling, as he is as well. But his loving er and grandmother, I am struck by rorism, bioterrorism and the global church and his loving church family the fact that AIDS has orphaned over pandemic of HIV/AIDS must be fought have many other church-goers who 10 million children in Africa. By 2010 on many fronts simultaneously. We have not had the ability to get this as- there would be more than 40 million must be vigilant on all fronts. sistance. Many surviving family mem- AIDS orphans. Therefore, proactive f measures must be initiated. bers and particularly children of the I and many of my colleagues in a bi- CARING FOR THE ORPHANS OF September 11 attack have yet to re- partisan way responded to the chal- THE TERRORIST ATTACKS ceive the benefits they need. lenge put before us. On September 5, I The SPEAKER pro tempore (Mr. Children who lost a parent or a introduced the Peace Corps HIV/AIDS PLATTS). Under a previous order of the guardian in this national tragedy need Training Enhancement Act of 2001. House, the gentlewoman from Florida psychological and other services right This legislation provides an additional (Ms. ROS-LEHTINEN) is recognized for 5 now. So I ask my colleagues to co- $5 million to the Peace Corps to pay for minutes. sponsor and work towards passage of H. health volunteers working with HIV/ Ms. ROS-LEHTINEN. Mr. Speaker, Con. Res. 228 because, although we will AIDS treatment and prevention efforts, on September 11 Americans witnessed remember September 11, it is for the particularly the training of HIV/AIDS carnage and harrowing images that children for whom we will pass this bill trainers. Currently, there are 7,300 will be imprinted forever in our mem- because we will not forget them and we Peace Corps volunteers who work in 76 ory. These acts of terror helped Ameri- will not forget the sacrifices that their countries worldwide including 25 coun- cans grow stronger. But as we pull to- parents have made for our country.

VerDate 13-OCT-2001 06:00 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.079 pfrm01 PsN: H30PT1 H7392 CONGRESSIONAL RECORD — HOUSE October 30, 2001 The SPEAKER pro tempore. Under a bomblets from the cluster bombs add misuse of antibiotics will render most previous order of the House, the gen- to that number. So now if the food microbes resistent to our current tleman from New Jersey (Mr. PALLONE) looks like this object, what will hungry stockpile of drugs, potentially leaving is recognized for 5 minutes. children do? But if the food looks like the Nation poorly prepared in the (Mr. PALLONE addressed the House. this object and the bombs look like event of biological attacks. To some His remarks will appear hereafter in this object, what would any hungry extent this is a vicious cycle. Bioter- the Extensions of Remarks.) person do? The military bets that they rorist threats can lead to overuse of f are going to try to find something to current antibiotics, which in turn render these antibiotics less effective The SPEAKER pro tempore. Under a eat. And so the Pentagon is concerned against the lethal agents used in bio- previous order of the House, the gen- that people who are hungry for food that looks like this object will confuse terrorism. tleman from Oregon (Mr. DEFAZIO) is recognized for 5 minutes. it with bomblets that look like this ob- b 1915 ject. The Pentagon is now worried that (Mr. DEFAZIO addressed the House. Look at Cipro, for example. Wide- hungry Afghan people will try to eat His remarks will appear hereafter in spread use of Cipro, a broad-spectrum the bombs thinking that it is American the Extensions of Remarks.) antibiotic, would kill bacteria that are food. susceptible to Cipro. The bacteria that f So the Pentagon has sent messages are not killed will be those that evolve to the Afghan people. One message FOOD AID FOR AFGHANS resistance to Cipro. Those Cipro resist- says, ‘‘As you may have heard, the The SPEAKER pro tempore. Under a ant bacteria then flourish unchecked Partnership of Nations is dropping yel- unless an even stronger antibiotic is previous order of the House, the gentle- low humanitarian daily rations. Al- woman from Georgia (Ms. MCKINNEY) is available to kill them. though it is unlikely, it is possible that Many bacteria that cause severe recognized for 5 minutes. not every bomb will explode on impact. Ms. MCKINNEY. Mr. Speaker, I know human illness are already resistant to These bombs are a yellow color and are older antibiotics like penicillin. That the American people want to help the can-shaped.’’ suffering people of Afghanistan. And I is one reason the drug of choice is often Another Pentagon message is more one of the newer antibiotics like Cipro. am sorry to say that we already stand to the point. It says, ‘‘Please, please condemned by Medecins Sans If the U.S. and the rest of the world exercise caution when approaching yel- begin using Cipro indiscriminately, Frontieres for conducting nothing low unidentified objects in areas that more than a propaganda campaign re- then Cipro, that antibiotic, will lose its have been recently bombed.’’ effectiveness also. garding our food drops. Mr. Speaker, not only do innocent Our brave young men and women are To adequately prepare for a terrorist Afghans have to worry about the attack, State and local health depart- risking their lives to deliver this food, Taliban, not only do they have to and how will we be judged, however, by ments must be equipped to rapidly worry about landmines left over from identify and respond to antibiotic re- this latest blunder? the last war, not only do they have to I ask my colleagues to take a look at sistant strains of anthrax and other le- worry about starving to death and the thal agents. And to ensure the contin- this object and this object. To more approaching winter, now they have to ued efficacy of our antibiotic stockpile, than just a casual observer, they might worry about bombs that look like food. we must isolate emerging antibiotic re- even get mistaken for the same thing. I think I have heard it all now, Mr. sistant pathogens, track antibiotic And that is what has got the U.S. mili- Speaker. overuse and misuse, and monitor the tary quaking in their boots. Can one effectiveness of existing treatments imagine the horror if this object, a f The SPEAKER pro tempore. Under a over time. cluster bomb, gets mistaken for this Surveillance provides the data need- previous order of the House, the gentle- object, a food packet? One is life and ed to prioritize the research and the de- woman from the District of Columbia the other one is death. The squarish velopment of new antibiotic treat- (Ms. NORTON) is recognized for 5 min- one is the food. The roundish one is a ments. Drug resistant pathogens are a utes. cluster bomb. That is what the poor growing threat to each of us as Ameri- (Ms. NORTON addressed the House. starving people of Afghanistan must cans. Examples of important microbes Her remarks will appear hereafter in now contend with. that are rapidly developing resistance the Extensions of Remarks.) The U.S. military is dropping little to available antimicrobials include the notes to inform people not to pick up f bacteria that cause ear infections, that this one, the cluster bomb, thinking it cause pneumonia, that cause menin- is food because if they pick up this one, BIOTERRORIST ATTACKS AND ANTIBIOTICS gitis, and skin and bone and lung and which is the wrong one, they will get blood stream infections. Importantly, blown to smithereens. The SPEAKER pro tempore. Under a this list also includes food borne infec- Is it not bad enough that our mili- previous order of the House, the gen- tions like salmonella. tary is dropping cluster bombs on Af- tleman from Ohio (Mr. BROWN) is rec- The Nation’s food supply has been ghanistan anyway? Well, it is really ognized for 5 minutes. identified as a potential vehicle for fu- bad because in the war in Kosovo, then- Mr. BROWN of Ohio. Mr. Speaker, we ture bioterrorist attacks. Experts Major General Ryan refused to allow in Congress cannot go home to our dis- across the public health spectrum have cluster bombs to be dropped because of tricts and say we have taken the steps testified to the seriousness of anti- the civilian deaths associated with necessary to prepare for future bioter- biotic resistance. Congress should re- cluster bombs, especially the children. rorist attacks unless and until we con- spond appropriately and quickly to But now our Air Force Chief of Staff front the issue of antibiotic resistance. these warnings before the threat of Ryan refuses to issue such a directive, The links between antibiotic resistance what could be becomes what is. it appears, as the U.S. comes under fire and bioterrorism are clear. Antibiotic Under last year’s Public Health from humanitarian organizations resistent strains of anthrax and other Threats and Emergencies Act spon- around the world for dropping cluster microbes are among the most lethal of sored by my colleagues, the gentleman bombs on the people of Afghanistan. biological weapons, and they are a re- from North Carolina (Mr. BURR) and I have written a letter to our Presi- ality. There are published reports of an the gentleman from Michigan (Mr. dent asking that we please refrain from anthrax strain engineered by Russian STUPAK), Congress authorized a grant using cluster bombs. But a funny thing scientists to resist the penicillin and program that equips State and local about cluster bombs. They have little tetracycline classes of antibiotics. We health departments to identify and to bomblets that look like things; and so can only assume that anthrax and track antibiotic resistance. My friend, when kids see them, they think they other lethal agents will be engineered the gentleman from New York (Mr. are a toy or something. to resist new antibiotics like Cipro. BOEHLERT), and I are requesting that Now, Afghanistan already has 10 mil- Antibiotic resistance is significant in the Committee on Appropriations in- lion landmines, and the unexploded other important ways. Overuse and clude at least $50 million for this grant

VerDate 13-OCT-2001 05:21 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.082 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7393 program in the Homeland Security sup- go in the belly of an airplane that we Chamber, comprised of all the rep- plemental appropriations bill, which are flying on with our loved ones are resentatives of the people, 435 of us this body will take up later this week. not screened for any explosive devices. from across this great United States, I urge Members on both sides of the That is a sad, pathetic state of affairs that at least we would have an oppor- aisle to weigh in on this issue. Let the that this House needs to change this tunity to cast a vote and to make a de- appropriators know that funding this is week with no ifs, ands or buts. cision regarding this vital public safety absolutely critical to our Nation. We Now, the problem, Mr. Speaker, is matter. must help State and local health au- that although we have technology to It is, I think, true that most Ameri- thorities and State and local health do this, and the good news is we have cans, in the past at least, when they agencies combat antibiotic resistance. technology that screens for explosive have gone and purchased a ticket for Our ability to fight bioterrorism abso- devices very thoroughly, the fact of the air travel and placed themselves and lutely depends on it. matter is that the bill that the major- perhaps their families, their children f ity party is proposing for this week even on an airplane were assuming does not have a certain requirement in that all the luggage that went into the AIRLINE SECURITY it that these bags be checked by a cer- belly of that plane had been properly The SPEAKER pro tempore (Mr. tain date. That is sad, and that needs screened for explosives. We now know PLATTS). Under the Speaker’s an- to change. that that just simply does not happen. nounced policy of January 3, 2001, the We believe that the U.S. House needs We found out many years ago, about gentleman from Washington (Mr. INS- to pass a law that requires 100 percent 13 years ago, when the plane exploded LEE) is recognized for 60 minutes as the of all the bags that go into the belly of over Lockerbie, Scotland, that a sim- designee of the minority leader. an airplane be screened for an explo- ple explosive device, perhaps placed in Mr. INSLEE. Mr. Speaker, some of us sive device with the best technology a suitcase, if it is loaded into the belly have come to the House floor tonight that we have. And we have some of an airplane, can literally destroy on the subject we have been speaking darned good technology. We have ma- that airplane. So many lives were lost on for several weeks now, which is the chines today that have been in use for there. And the gentleman and I had an importance of passing not just a sham several years, if the airline companies opportunity just 2 or 3 weeks ago to airline security bill but a real solid, re- will turn them on anyway, that can meet with two fathers who lost sons in sponsible, certain airline security bill find explosives with a high degree of that Lockerbie explosion. So this is that will accomplish what the Amer- probability. We need to make sure something that is a matter of life and ican people need, which is to have full more of those machines are purchased. death. confidence that their airlines are safe. We need to require those to be turned As I just said to the Committee on Rules, what we decide on this issue Unfortunately, Mr. Speaker, the bill on and put them in series so we can get may determine whether or not at some that is going to be introduced tomor- in our airplanes in a timely fashion point in the future Americans will lose row or the next day falls short in sev- without bombs being in the baggage their lives. The American traveling eral very, very important respects. We compartments. have had a long history in the last sev- Tomorrow, Mr. Speaker, we will be public has a right to travel in condi- eral decades of having failures in air- offering amendments, the gentleman tions that are as safe as we can make them. And if we pass an airline secu- line security which manifested them- from Ohio (Mr. STRICKLAND), myself, rity bill this week that omits this vital selves on September 11. We think the and the gentleman from Connecticut loophole, then the American public U.S. House cannot miss this oppor- (Mr. SHAYS), a Republican, who has will not be as safe as they have a right tunity tomorrow or Thursday to in fact been working on legislation to require plug not just some, and not just the to be. that 100 percent of these bags be I would like to share just a few words easy holes to plug in airline security, screened. We are very hopeful that the but the ones that are meaningful, and from an editorial that appeared in the majority party will allow our amend- Columbus Dispatch, the major news- to, in fact, plug all the holes in the net ment to be considered on the floor of paper in Columbus, Ohio, which is the we have in order to catch terrorist ac- the House. It would be a shame if poli- capital of the great State of Ohio, and tivity. And we want to talk about some tics keeps this amendment from being this editorial pointed out the fact that of those tonight. considered. We are very hopeful that the Department of Transportation’s In- Let me start with one that in my we can have a solid bipartisan vote in spector General recently reported that view is the most glaring hole in our this Chamber to make sure all these at 7 of the Nation’s 20 highest risk air- airline security system today, and that bags get checked. ports there was no scanning of checked is the stunning fact that I learned With that, Mr. Speaker, I yield to the baggage. about 3 weeks ago. When I heard this I gentleman from Ohio (Mr. STRICK- The editorial goes ahead to point out just about fell out of my chair. I was LAND), who has been a great leader in that some time ago $441 million were receiving a security briefing at a major advancing this issue. used to buy 164 of these high-tech bomb airport in the western United States Mr. STRICKLAND. I thank the gen- detection machines that were to be and we were talking about all the re- tleman from Washington State for used in 50 of the most busy airports in cent efforts and changes to try to make yielding to me. our country. The editorial then points sure passengers do not bring sharp ob- I think it is important for people to out that after this huge expenditure of jects into the passenger compartment understand why we have not been able millions and millions of dollars, and of the airplanes. I started asking ques- to bring a bill to the floor thus far, and the actual purchasing of these ma- tions about the checked baggage that why it may be that our amendment to chines, that they were not used. They goes into the belly of an airplane, and require that all bags be checked will were just left in warehouses gathering I asked where the equipment was to not even get a vote on this floor. I dust. screen the baggage that goes into the think the American people sometimes So what our amendment does, it has belly of an airplane to make sure no- do not fully understand that there are a specific time line that will require body put a bomb on it. The people I certain rules and procedures that gov- that this be done. And unless there is a was talking to had this kind of sheep- ern what happens in this House, and legislative requirement that it be done ish look on their faces and they said, those rules and procedures are domi- in a reasonable period of time, a date well, we do not do that all the time. I nated by the majority party. And espe- certain, I fear that it will never hap- thought they were sort of joking. But cially in terms of the amendment that pen, and that at some point in the fu- it turns out they were not. we are trying to get brought to this ture we will lose an airplane needlessly What I came to find out is that in floor, that is determined really by the because we have failed to take this ac- airports across this country 90 to 95 Committee on Rules. tion. percent of all the bags that go into the We were just upstairs not more than belly of an airplane have zero screening 10 minutes ago asking the Committee b 1930 for explosive devices, and I mean zero on Rules if we could bring our amend- Mr. INSLEE. Mr. Speaker, I think screening. So nine out of 10 bags that ment to the floor so that here in this that it is a necessity of the U.S. House

VerDate 13-OCT-2001 05:21 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.087 pfrm01 PsN: H30PT1 H7394 CONGRESSIONAL RECORD — HOUSE October 30, 2001 of Representatives to have a date cer- we cannot build the Pentagon in 12 there will be substantial debate. There tain to do this by. It is made obvious months, we cannot do that. The Pen- is a difference between the parties by a couple of facts. The gentleman tagon was built from conception to largely on that issue. Democrats be- made reference to the Lockerbie bomb- completion in 12 months. lieve there should be Federal responsi- ing where there were hundreds of When they needed big bombers, they bility like border guards, FBI agents, young people who were on that plane, built 12,000, maybe 14,000, I would need marshals, that these ought to be Fed- and their families have now been work- to check the numbers, B–24 complex eral employees because that is the ing for 13 years to get the Federal bombers, 4-engine bombers, because safest way to go. Aviation Administration to move to re- they said we are going to do it. The majority has an ideological quire screening of checked baggage. Now the House has to get up on its hang-up, and there will be debate. To Despite 13 years of advocacy with this hind legs and say we are going to build not have a debate on who will take nail agency, this agency has done nothing 2,000 of those machines by a time cer- clippers away from passengers, and not except give wish lists which they may tain. If we give an agency language as have a specific promise to the Amer- do some day. Some day is just not good soon as we get around to it, I am not ican people that by a date certain the enough. sure that it is going to be in this mil- bags are screened to determine that It would be a sad failure if this House lennium. the bags are not packed with 30 pounds passed something without some time- Mr. STRICKLAND. Mr. Speaker, if of C–4 high explosives, would be a line when we have this kind of experi- the gentleman will yield, we are going criminally negligent act by this House. ence of agency failure over this long to pass a bill this week, and it is going We are concerned and do not think period of time. to have this fairly meaningless lan- that this ideological inhibition that Another example, the majority par- guage in it; and then we are going to my friends in the majority leadership ty’s bill has language, and it is good tell people that we have solved the have against Federal employees should rhetoric that rhetorically says these problem. The American people are stymie our ability to make a commit- bags will be screened, I guess someday, going to be led to believe that we have ment to the American people that their we do not know when. But look what done everything we can to make their bags are not going to have bombs in happened when we did similar language traveling on airplanes as safe as pos- them. in 1995 when this House essentially di- sible, and it simply will not be true. We I have good friends on the Republican rected the FAA to adopt regulations need to be specific. We need to have a side of the aisle who back this provi- that would improve the screening and mandate and a time certain. sion. The gentleman from Connecticut certification of the people who do the If I can share a few other thoughts (Mr. SHAYS) has been a leader on cam- passenger screening. Six years later, from this Columbus Dispatch editorial, paign reform issues and has supported this. We have quite a number of other the FAA had still not improved the it points out that the security proce- Republicans who are supporting this. certification and training of the folks dures commonly in place have focused We believe if we have a vote on this who are supposed to keep weapons off nearly entirely on the contents of floor, we will have good bipartisan sup- airplanes. carry-on baggage, and the screening for If the FAA takes 6 years to try to fig- checked luggage is through a series of port for this provision. Mr. Speaker, the problem is if the ure out a regulation to try to figure questions designed to reveal whether majority leadership has a stranglehold how to keep people from bringing people had packed their own bags and on the rules and does not allow a vote, knives or box cutters on airplanes, do kept them in sight and planned to we are not going to have this bipar- board the plane for which they were we think that this language in this bill tisan solution adopted. We urge all ticketed. is going to get them to get these ma- Members to see that the majority These measures were imposed after chines in airports? We do not think so. party allows this to the floor for a the Lockerbie explosion, and they were I do not have confidence in that. The vote. Then we can have the other vote based on the theory that no one would American people will not have con- about who these parties should be. fidence in that. board a plane that was going to blow Mr. Speaker, I yield to the gen- I yield to the gentleman. up because the theory was a person tleman. Mr. STRICKLAND. Mr. Speaker, would be highly unlikely to blow up a Mr. STRICKLAND. Mr. Speaker, I there are those who say we cannot do plane and kill themselves. But on Sep- was in Athens, Ohio, this past weekend; that in a timely manner. But the fact tember 11 we learned something. We and I had a discussion with a young is that we can do what we choose to do. learned that there are terrorists, fanat- man who told me he had planned a trip If we think that it is important enough ical terrorists, who not only are willing to Florida for himself, his wife and to do, we will see that it is done. This to die, but seemingly are anxious to die children; and he said I am not flying. I country is a technological giant. There for what they believe in. have gone to the airlines and asked for is practically nothing we cannot do We can no longer use this casual my ticket money back. They will not once we set our minds to it. To imply method of asking have you packed return my ticket money, but they have that we cannot build machines fast your own bag and has it been in your told him that he can use his ticket dur- enough or modify the airports in a sight. We need to have the technology ing the next 12 months. He said, I hope timely manner is simply under- that will make it possible to screen for after a few months I will feel safe estimating the ability of the American explosives. Some of these explosives enough to use those tickets. people. are so powerful that a portion the size We want the airlines to survive and This is a puzzling issue because it is of a bar of soap can do incredible dam- prosper, and we hear talk encouraging something that nearly everyone says age. We cannot afford to allow this to the American people to go back to nor- we need to do. Yet there is a lack of continue as it has. mal living and carry on their lives as will to actually proceed to do it. As I said to my colleague from Wash- they did prior to September 11, to buy Mr. INSLEE. Mr. Speaker, reclaim- ington State, we are going to be debat- goods, to enjoy themselves in social ing my time, I disagree a little bit with ing these matters here in the House of settings and the like. We also want the gentleman who says we are techno- Representatives, and there are going to them to fly. logical giants. I have a door knob on be some who are going to contend that Congress gave the airline industry a my house that I cannot get to work; this language, almost meaningless lan- $15 billion bailout less than a month but there are others who have devel- guage, is going to provide protection to ago because we were afraid the airline oped this equipment which is incred- the American people. If that is all we industry would not survive in this ibly accurate. We do not have a war get in this bill, it is going to be a real country without that kind of govern- mobilization plan from the U.S. Con- failure, in my judgment. mental assistance. I opposed that bill gress. When the Japanese bombed Pearl Mr. INSLEE. Mr. Speaker, if the ma- at the time; but many, many of my Harbor and President Roosevelt gave jority party does not allow a vote on friends in this Chamber thought it was his speech from this Chamber, we im- this amendment, we will have spent all the right thing to do and voted for it. mediately went on a wartime indus- of this energy debating who the em- My feeling is the best way to get air- trial mobilization process. Nobody said ployees will be doing the screening, and lines healthy in an economic sense is

VerDate 13-OCT-2001 05:21 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.090 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7395 to encourage people to fly. How can we of government. Frankly, government one morning, I had a 7:20 flight so I ar- encourage people to fly if flying is not has not done as good a job as it should rived well before that time. I asked to as safe as it ought to be or could be? I in this regard. Our government has en- have my bag checked. The person there want to be able to say to that young gaged in an experiment in airline safe- at the ticket counter gave me my seat man in Athens, Ohio, and to all of my ty in the last 10 years. That experi- assignment and handed the ticket back constituents, we have taken action in ment involved letting out to the low to me. Then she said, Sir, you’ve been the House of Representatives that will bidder the contracting out of the em- selected at random to have your bags keep you as safe as it is possible for ployees to screen passengers before further screened. They were screening you to be when you choose to use air they get on airplanes. them for possible explosive devices. Then she said to me, I would like for travel. b 1945 Once we do that, then I think the you to take your bag, walk down the American people will return to the air- We had that experiment and it was a corridor here until you come to the ports and they will take their vaca- grand failure on September 11, because crossover, turn to the left, go to the tions and business trips. we had multiple known failures of that next major corridor, turn to the left I talked to another individual today system. We had these companies hiring and you will see the machine where who was in Florida, and he was coming ex-felons. We had these companies hir- they are doing the screening over at back to Washington and I asked him ing people that had been fired at other your right. how he was getting back here and he places. We would have companies that I said to her, With all due respect to said, I am driving. Ordinarily this indi- did not screen their own employees for whoever is responsible for this process, vidual would fly, but he still does not who their identity is. We have had test what makes you think that if I’ve got feel comfortable in flying. We need to after test after test where we had these an explosive device in that bag that I take this action. If we do, I believe the employees that were so poorly paid and am going to voluntarily, without being American people will return to life as so poorly trained and totally noncer- escorted or without being observed, they normally lived it prior to Sep- tified that at Dulles International Air- carry it over there and ask someone to tember 11. port when they tried to get 20 weapons screen it for explosives? It just does Mr. INSLEE. Mr. Speaker, I appre- through out of 20, they got seven weap- not make sense. ciate the comment about confidence in ons through this alleged screening-po- The fact is that if I had had an explo- the American people. The reason this rous system. So that was an experi- sive device in that bag, I could have has not happened to date is some folks ment that failed. just simply left the airport and come have not wanted to make the invest- We should not be having this theo- back later in the day at a time when it ment to buy these machines or to take retical argument because that experi- was highly unlikely that I would be se- the trouble to install them. I cannot ment failed. Having private contrac- lected a second time at random to have think of a more penny-wise and pound- tors with government supervision is a that bag checked. But I think it points foolish approach when it comes to safe- known recipe for disaster. We need to out a larger problem. I have been told ty. If we lose another plane, nobody is have a federalized system of Federal that at Dulles, for example, 80 percent going to be getting on these airplanes. employees who the Federal Govern- of the people who provide the screening We are already down significantly. ment certifies, trains and employs to are low-paid individuals with minimal As a person who represents thousands give passengers what they deserve training and some 80 percent are non- of Boeing workers in the Seattle area, which is a high level of confidence. To citizens. It is difficult to do adequate we have had 12,000 people laid off this me, I have to tell you, if you ask people background checks and the like when year because of the drop of people get- who is more important to your per- you have those circumstances prevail. ting on airplanes. The U.S. economy sonal security, whose eyes and ears and I would like to share something that cannot withstand the devastation that judgment is more important to your was written in the Dallas Morning News just a few days ago regarding this will occur if we lose another airplane. personal security, a border guard or a matter. I quote from this Dallas Morn- As far as the expenses, it will cost screener at an airport check-in ing News story: about $2 billion to install these meas- counter, I have got to believe the ures. If we put it in context, it is $2 per check-in counter is at least and I think We normally favor private sector re- more important to our physical per- sponses, but it was troubling to hear from ticket for 1 year. I am convinced that the Justice Department last week that a people think it is worth $2 a ticket to sonal safety. We make sure that the major handler of security in the U.S. air- make sure there is not a bomb in the people who do the border guards are ports had hired screeners who had criminal airplane. That is for 1 year. It is a one- Federal employees so we can make backgrounds and drug problems and who had time investment. sure that they hew to the standards lied about their histories. That record does Our proposal has suggested that we that we set. But we do not do that for not bode well for a dual system of private simply appropriate funds from the gen- the people who your personal safety is employees and Federal standards. It’s better eral fund to make this investment. The in their hands when you get onto an to think of airline screeners as important as border guards or custom agents, all of whom other Chamber has made a proposal airplane. work for the government. There is a time for with a surcharge of $2 per ticket to as- I heard a flight attendant sort of ask ideological arguments, but there is also a sist in security. We think that it is just a good question. She says Members of time when legislators need to compromise. as well to take it out of the general Congress have Federal employees pro- We have reached that moment. The Nation fund. However it is financed, people tect their personal security, our police needs better airport security and the House who get on airplanes, if we poll them, force here in the U.S. Capitol. We insist should not stand in its way. do passengers want this $2 spent by that we have government employees That, I think, is a very powerful somebody, they are going to say ‘‘yes’’ protect our personal security. But for statement from the Dallas newspaper, even if it is them. It is worth $2 to get the flying public, we let the lowest- indicating that we need to move to over this known threat. priced, minimum wage, untrained, have a system of screeners and employ- I am hopeful that the majority party uncertified ex-felon get that job as ees that are answerable to Uncle Sam. will hear our request to allow a bipar- long as a contractor can swing some My friend from Washington State said tisan consensus to develop; but I think low-ball deal. That is not the way we that we would not tolerate private em- we need to describe why this has not can do business anymore. So we are ployees guarding this wonderful Cap- happened to date. The reason it has not going to insist on having Federal em- itol building or providing security for happened to date is that there has been ployees do this work. those of us who are Members of the this ideological resistance to the idea Mr. STRICKLAND. I would like to House of Representatives or the Senate of having the Federal Government act share an incident that happened with of the United States. We want profes- to take care of the citizens it is sup- me at Dulles International Airport just sional law enforcement, public law en- posed to protect. within the last 2 weeks. I think it illus- forcement officials doing that. There The first duty of government is to trates the fact that our current proce- should be no less concern for the trav- protect the physical security and safe- dures are woefully inadequate and even eling American public. They also de- ty of its citizens. That is the first duty dangerous. I went to the airport early serve to have security personnel who

VerDate 13-OCT-2001 05:21 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.091 pfrm01 PsN: H30PT1 H7396 CONGRESSIONAL RECORD — HOUSE October 30, 2001 are answerable to Uncle Sam, who are were private contractors, that they sonnel. Yesterday in the City of Cleve- sworn, who are well-trained, who are would have been willing to do what land, I joined with many other unions dedicated to the public protection. those brave men and women did on who represent the workers at the air- Anything less than that will continue September 11 in New York City. We do port in support of airline security and to put the traveling public at risk. not privatize our FBI, we do not pri- a safety net for the workers of the air- Mr. INSLEE. I appreciate that. I vatize our customs agents, we do not lines. I have a personal interest in this think you have to ask why there is privatize our border patrol folks. We do in light of the fact that my father, An- such resistance to this idea. It is actu- not privatize the Capitol Police that drew Tubbs, worked for United Airlines ally surprising to me. You have to ask, protect this wonderful Capitol and pro- some 38 years as a sky cap. My sister, do the folks in the majority party who vide protections for Members of the Mattie Still, worked for United Air- refuse to accept this idea, is it because U.S. Senate and Members of the United lines some 30 years as a CTR operator. they distrust the Capitol Police be- States House of Representatives. They My brother-in-law, Robert Still, cause they are employees of Uncle are not privatized. Why should the peo- worked as a sky cap in California for Sam? Is it because they distrust our ple who provide the protection for our some 30 years. And currently my niece, border guards because they are employ- citizens who go to airports and get on Lorri Still, is a flight attendant with ees of Uncle Sam rather than working airplanes have to suffer under the pro- United Airlines. So the workers of the for a private contractor? Do they dis- tection of lowly paid individuals who airlines industry are very, very impor- trust firefighters because they are gov- are poorly trained and who cannot, tant and personal to me. Yesterday, in the City of Cleveland ernmental employees rather than even though they try, under those cir- we stood and said to the Congress, working for private enterprise? I think cumstances, they cannot provide the hurry up. Time is a-wasting. We need the answer is no. My friends in the ma- depth and the quality of protection to enact legislation that will federalize jority party would say, No, we trust that the traveling public deserves? the airline security personnel. We need firefighters. We trust our border Mr. INSLEE. I think that is a very to elevate the position of airline secu- guards. We trust our FBI agents. We good point, that the people who are rity to the level of those of law en- trust our Capitol Police who work for working at these gates now, we are not forcement, to the firefighters, to the Uncle Sam. It is not a lack of trust. blaming them. They are working hard. Cleveland police officers, police officers And if you ask them what is it, then, But they are given maybe minimum they would say, I believe, in all sin- across this country, to the Federal wage. They are given maybe a few marshals, to the Capitol Hill police. cerity, we just don’t like government hours of instruction. As a result of doing things. I think that is the bot- That way they will get the type of their poor treatment, some of these training and professionalism that they tom line. There is an ideological inhi- airports have a 300 to 400 percent turn- bition of some of our friends across the need in the job. over rate. And as long as you are hav- I want to say to the American public, aisle who have refused to accept the ing a low bid situation, you can expect get back on the airplanes like we are proposition that there are times when those conditions to prevail. required to do. I want to say, have Uncle Sam has to come to the aid of its Now, I think we should talk a little trust in what happens. But until we citizens. And when you are under a bit about why this system has failed. federalize airline security, that in fact threat from terrorists who are running Why has this experiment of having pri- is not going to happen. airplanes into large buildings and vate contractors provide this service somebody who is putting anthrax in failed? We had FAA supervision of b 2000 our mail, it is time to accept the prop- them. This is what our friends across I heard others say that they are wor- osition that Uncle Sam needs to come the aisle are proposing. Private con- ried about people joining unions. I wish to the physical assistance of its citi- tractors hire the people, the FAA has my father had had a union. He used to zens. We hope that enough of our supervision. That is exactly what we tell me stories about the skycaps: no friends across the aisle forget the ideo- had in the last 10 years. The FAA has unions, no dollars for health care, no logical debating points. This is not a drawn up these rules for these contrac- dollars for sick leave. And what they Harvard debate. This is an issue of life tors to follow. So you have to ask used to do, these guys used to pass the and death, whether we are going to yourself, why has this been such a mis- hat, so when they got tips on any save people or not. And so we hope that erable failure? The sad fact is, because evening, they used to divide those tips this practical, common-sense attitude the contractors and the airlines they up among the folks that were there and allows us to develop a bipartisan con- serve have been successful with their put money in for those who were not sensus here and for a moment we can armies of lobbyists who do a good job there, so that those guys still had tips, put away these ideological, theoretical who have come up here and have as though they were working every things, arguments we used to have in blocked, in Congress and in the FAA, day. Why should workers have to do that? college at midnight. This is real life. any rules or statutes to significantly Mr. STRICKLAND. I have heard The company should provide that type increase the professionalism of this of security. Why should we think that some of the leaders on the other side of workforce, because it would cost an- the aisle say that they did not want this job is any less honorable than any other dollar. And they have been suc- other job? the federalization of these employees cessful in strangling any progress in because they would join unions. But I As I go back through the airport our political system to do this. It is every weekend into the city of Cleve- think it is appropriate for us to recall clear to me that until that strangle- land, those skycaps walk up and say, that the young firefighters who gave hold is broken, we are not going to get ‘‘Stephanie, are you trying to get their lives in the trade towers in New to a professional law enforcement ori- money for me?’’ The people working at York City were, by and large, members ented screening system in this country. the desk say, ‘‘Stephanie, are you try- of a union, that the police officers that That is why it is important to us to ing to get money for us? Are you trying sacrificed their lives in service on that move in this direction. to secure and make sure the jobs we do terrible day of September 11, they were I would like to now yield if I could to on a daily basis are secure?’’ members of unions. I do not think we my good friend the gentlewoman from I have friends, and I think about should fight this battle on the basis of Ohio (Mrs. JONES), the great prosecutor these guys. My father is 81 years old, whether or not the employees would be who knows something about law en- and I think about all the guys that able to join a union or not join a union. forcement. used to work with him who are still What we want are people who are re- Mrs. JONES of Ohio. I would like to around and they say, ‘‘What a great sponsible to the government, to the thank my colleague the gentleman group of men we had.’’ So if skycaps Federal Government, to provide the from Washington (Mr. INSLEE), the gen- right now make $2.88 an hour, imagine kind of protection that the American tleman from Ohio (Mr. STRICKLAND), what they made back in the 1940s per people need and deserve. I doubt very and I see seated here with me also the hour to work and do the job. seriously that if the firemen and the gentlewoman from Ohio (Ms. KAPTUR). So I am just standing here with my police officers in New York City were Mr. Speaker, I rise in support of the colleagues, the gentleman from Wash- paid little more than minimum wage, federalization of airline security per- ington (Mr. INSLEE), the gentlewoman

VerDate 13-OCT-2001 05:21 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.094 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7397 from Ohio (Ms. KAPTUR), the gentleman this very important subject at a time propriations for Agriculture, Rural De- from Ohio (Mr. STRICKLAND), and all of when the American people are expect- velopment, Food and Drug Administra- us who believe in the importance of ing to hear from us, their representa- tion, and Related Agencies programs airline security, that it is time out to tives, and also our beloved colleague, for the fiscal year ending September 30, the Congress. Step up to the plate. Say the gentlewoman from Cleveland, Ohio 2002, and for other purposes,’’ requests to the American public that we are (Mrs. JONES), whose family obviously a conference with the House on the dis- going to secure you. We are going to has enormous experience in this area, agreeing votes of the two Houses there- make sure when you get on that plane, merely to say thank you to all of you on, and appoints Mr. KOHL, Mr. HARKIN, things are safe. Maybe even in the leg- for highlighting this important issue to Mr. DORGAN, Mrs. FEINSTEIN, Mr. DUR- islation that we pass, we will require the American public, the issue of safe- BIN, Mr. JOHNSON, Mrs. MURRAY, Mr. that every piece of luggage that gets ty in the airline industry and how im- BYRD, Mr. COCHRAN, Mr. SPECTER, Mr. on a plane has been screened in some portant it is and what common sense it BOND, Mr. MCCONNELL, Mr. BURNS, Mr. fashion. makes to have a Federal position at CRAIG, and Mr. STEVENS, to be the con- But if we can elevate the position of our various airports around the coun- ferees on the part of the Senate. airline security to an honorable posi- try, Federal positions, Federal respon- f tion, a professional position, all of us sibilities, Federal training and a pro- EXPLAINING THE CONTEXT FOR will be better off. I am so happy to join gram of instruction and of career ad- AMERICA’S CONFLICT the gentleman from Washington (Mr. vancement, so we can get the very best INSLEE) and all of the Members this type of training and trained individuals The SPEAKER pro tempore (Mr. evening as we talk about this impor- to serve in these critical positions now OSBORNE). Under the Speaker’s an- tant issue that is important to the se- and into the future. nounced policy of January 3, 2001, the curity and safety of all of us here in It would be so very easy for us to gentlewoman from Ohio (Ms. KAPTUR) the United States and those traveling merely take the Senate bill and to pass is recognized for 15 minutes as a fur- through the United States. it here; yet it has been held in abey- ther designee of the minority leader. Ms. KAPTUR. Mr. Speaker, as one Mr. INSLEE. I hope the gentlewoman ance now for several weeks. So there is Member, I feel a particular obligation will report to your former skycap fa- not a commitment by the leadership of at this time in our country’s history to ther that he has got something to be this institution to federalize these se- help provide information and insight to proud about, sending you to us. curity positions. the American people, and indeed to the Mrs. JONES of Ohio. I called him up All of us flew back here over the last people around the world, who are look- and said, ‘‘Dad, turn it on. I am talking 2 days. We know the people out there ing to us for leadership and for an ex- about you tonight.’’ at the airports are doing the very best Mr. INSLEE. I thank the gentle- planation of enduring freedom, the that they can. But, honestly, we need roots of the engagement in which we woman very much. to have the same kind of profes- I want to yield to the gentleman now find ourselves involved with a sionalism that we have in our security growing coalition around the world. from Ohio (Mr. STRICKLAND) for some services around this country at dif- closing comments. I intend to yield to From time to time I will be coming to ferent levels. the floor, as I did last week and now the gentlewoman from Ohio (Ms. KAP- I just wanted to thank these gentle- again, to talk about some of the events TUR) to finish the hour. men for telling the American people in past years that have created the Mr. STRICKLAND. Mr. Speaker, I that it is high time we took up the thank the gentleman for yielding. context for the conflict in which we as Senate bill and passed it here. a Nation have now been placed in dead I would just like to close my remarks I know that the gentleman has time this evening by once again referring to center. remaining, and I want to give him a Last week we talked a bit about the the editorial in the Columbus Dispatch chance to close. economics of the Middle East and of October 16. The editorial ends with Mr. INSLEE. Mr. Speaker, just to America’s over-reliance on imported this question: Will there be no end to make a closing comment, then I am oil and the fact that each of the econo- the revelations of how poorly the Fed- going to yield to the Chair so the Chair mies of the larger region in which this eral Government, airport security can yield back to the gentlewoman for conflict is occurring make money pri- workers and airlines have handled the another subject. I wanted to thank the marily from oil, with Saudi Arabia job of protecting passengers? How Members who have joined me this being the largest supplier of petroleum many other rules are not being en- evening. This is the crunch time for to the United States. forced, and how much evidence do the U.S. House. It has a duty. I cer- In Toledo today, where I just flew House Republicans need to convince tainly hope that we do our duty, which from, gas prices are down to 99 cents to them that only a top-notch security is to set a time-line to get every bag $1.01 a gallon. Do not tell me there is force, paid by the taxpayers and not checked for explosive devices, that we no relationship between the desire of hired by the low bid contractors, will have a professional force to do it. Heav- the oil-producing countries to have make the airways as safe as possible? A en help us if we do not discharge that America win this battle and therefore bill passed by the Senate and pending duty. I hope bipartisanship will actu- to manipulate a bit on the spot market in the House would federalize airport ally blossom this week to get this job and the price of petroleum. I am sure security. The House should stop play- done. Americans in the short term think ing politics with this essential legisla- Mr. Speaker, I yield the balance of that is probably a good thing, but in tion and pass it. my time to the Chair. the long run what it does is it connects I would just like to point out in clos- f us to a very unstable part of the world. ing that in the Senate, they voted 100 Indeed, 52 percent of the petroleum to zero to pass this vital legislation. MESSAGE FROM THE SENATE that we consume is imported from We need to bring it to this floor, and A message from the Senate by Mr. Saudi Arabia, from Nigeria, from Ven- we need to pass it this week. If we do Monahan, one of its clerks, announced ezuela, from Mexico. America now con- not, the American people should hold that the Senate has passed with an sumes three times more in imported us accountable. amendment in which the concurrence petroleum than she did 20 years ago. Mr. INSLEE. Mr. Speaker, I thank of the House is requested, a bill of the Oil and our inability to make ourselves the gentleman. House of the following title: energy self-sufficient here at home, I would like to yield to a person who H.R. 2330. An act making appropriations simply because we have not had the is always a voice for common sense, for Agriculture, Rural Development, Food will, is our major strategic vulner- the gentlewoman from Ohio (Ms. KAP- and Drug Administration, and Related Agen- ability; and again we are faced with TUR). cies programs for the fiscal year ending Sep- major unrest in the Middle East, this Ms. KAPTUR. Mr. Speaker, I want to tember 30, 2002, and for other purposes. time some of that being brought to our thank the gentleman from Washington The message also announced that the own shores. (Mr. INSLEE) and the gentleman from Senate insists upon its amendment to I wanted to talk a bit tonight about Ohio (Mr. STRICKLAND) for bringing up the bill (H.R. 2330) ‘‘An Act making ap- a wonderful book that I read 15 years

VerDate 13-OCT-2001 05:21 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.096 pfrm01 PsN: H30PT1 H7398 CONGRESSIONAL RECORD — HOUSE October 30, 2001 ago and I have been rereading over the of America’s international entangle- the will to do it. As far as having oil as last few days called ‘‘Sacred Rage,’’ by ments and anxieties than any other in- our chief proxy of our foreign policy in a very well known journalist in our dustry. Oil continues to be a major the Middle East, what a dangerous de- country, Robin Wright, who is both source of America’s strategic vulner- pendence. What a dangerous depend- courageous and I think has shades of ability and of its reputation as a bully ence this has proven to be for our peo- genius. The subheading of this book is in the Islamic world and beyond. ple. ‘‘The Wrath of Militant Islam.’’ Frankly, America made friends and Robin Wright, in her book Sacred I just finished the chapter on Kuwait. supported regimes that could continue Rage, was given many, many com- Last night I was reading about Leb- the oil lifeline to this country, and mendations by well-known Americans, anon. I cannot go into the entire book part of the ‘‘Sacred Rage’’ relates to one of them Roger Mudd from NBC this evening, but I will reference one of the exclusionary manner in which the News who said, ‘‘If ever there was the the beginning chapters that deals with governments of those nations dealt right book on the right subject for the Iran and the turning point as she, the with their own populations and the right readers at the right time, Sacred author, would view it in the Middle rather maldistribution of wealth that Rage is it. The Kansas City Star wrote, East back in March 1982 when over 300, occurred. when the book was published, ‘‘Robin nearly 400 mullahs, religious leaders Now, that is not America’s fault; but Wright manages against all odds to get from that part of the world, convened we should be focused on those forces a fix on a phenomenon that is complex, at a conference in Tehran in the Revo- that create some of the rage that is di- elusive, and kaleidoscopic. Moreover, lutionary Nation of Iran at that point, rected against us and those forces that her style of writing is so vivid that the and Iran was turning from a monarchy we contain here at home we should be book reads like a novel.’’ I know that to a theocracy, and the men that came about doing. One of those forces is to those who are listening can also get together at that time, and I will quote make ourselves energy self-sufficient this at local libraries. from the book, because it is very in- here at home. That is what Rob Nixon Mr. Speaker, if one looks at page 69, sightful and it bears on what is hap- writes about. one will see a poster from the Party of pening today, agreed to several com- He talks about outside the West, the God, which is one of the groups oper- mon goals. development of oil resources has re- ating, in this case in Lebanon at that They agreed, first, that religion peatedly impeded democracy and social time, and it shows a powerful image of should not be separated from politics. stability. The oil extraction industry how those who were engaged in this This is a very foreign thought to people typically concentrates wealth and particular sect felt about the West. It of the United States in this democratic power and provides many incentives for is important for Americans to under- Republic. corruption and iron-fisted rule. In most stand who is actually trying to exert Second, they agreed that the only oil exporting countries, the gap be- this negative force against us and to way to achieve true independence was tween rich and poor widens over time; understand why, because once the why to return to their Islamic roots. and from the perspective of local peo- is understood, we can begin to move Third, they agreed there should be no ple beneath whose land the oil lies, the the world forward. reliance on superpowers or other out- partnership between oil transnationals Today in The New York Times, there siders in their region, and the region and repressive regimes has been ruin- was an editorial by Thomas Friedman, should be rid of them. ous, destroying subsistence cultures which I will also enter into the Fourth, they recommended that the while offering little in return. In fact, RECORD, called Drilling for Tolerance. Shia, which is one sect of Islam, should he quotes then the Nigerian writer, And again, he talks about why there is be more active in getting rid of foreign Ken Saro-Wiwa, who was hanged in 1995 such instability in that part of the powers. for leading protests against such de- world, the role of oil in shaping our for- Now, the Persian Gulf War a few struction and dubbed that process eign policy to too great an extent and, years after that, of course, engaged the ‘‘genocide by environmental means.’’ again, he proves the point that trade United States in trying to hold the bor- Mr. Nixon writes, ‘‘Oil and related has not brought freedom. He talks der of Kuwait as Iraq attempted to extractive industries have arguably about how little many who should have move into that country. After that par- done more to tarnish America’s image known here in the United States under- ticular war, the Persian Gulf War, abroad than any other commercial pur- stand about the internal politics of which was largely fought for oil, in my suit. By scaling back our reliance on Saudi Arabia, and, in fact, some of the opinion, and the preservation of those foreign oil, we could reduce a major very schools that are educating youth oil supply lines through the Persian cause of anti-American feeling while to hate us. He talks about all public Gulf to the United States, I do not simultaneously decreasing our vulner- schools, the religion classes in Saudi think that was a moral goal, but it was ability to oil embargoes and price Arabia, students being required to a goal that this Congress voted for and spikes,’’ and I might add the manipula- learn the following, and it states, ‘‘It is the American people supported, but tion of the market which is occurring compulsory for the Muslims to be loyal after that the American people kind of inside our borders today. to each other and to consider the forgot. It was over. Sure, we deal with infidels their enemy.’’ That is, anyone the veterans in our districts and the b 2015 who is a non-Muslim is an infidel, people that served over there, but we But we will never be able to drill our someone who is an enemy. Imagine this became more and more hooked through way out of this. In fact, even if we were being taught to 10-years-olds, 12-year- the decade of the 1990s on imported to drill in the Arctic Wildlife Refuge, olds. He goes on to talk about how it is fuel. we would get about 140 days worth of time to tell the truth. He says he was Not everyone has ignored this unfor- supply for this country. And he, like always for getting rid of oil imports be- tunate development; and today, or ac- many others across this country, talks fore September 11, but now even more. tually yesterday, a brilliant writer, about encouraging more quickly ad- He says, Why should we continue to Rob Nixon, who resides in Madison, vances in developing wind and wave purchase oil from countries like Saudi Wisconsin, a professor at the Univer- power, biomass research, which is Arabia when they are using the very sity of Wisconsin, wrote an editorial something I so strongly support, par- proceeds to buy textbooks to teach this entitled ‘‘A Dangerous Appetite for ticularly with the development of eth- kind of wrath to their youth? Oil,’’ and I am only going to quote a anol and biodiesel so I can buy it and So I just this evening very much couple sentences of it. I will enter it you can buy it; transport fuels based on want to urge the American people to into the RECORD this evening. renewable oilseed crops, and photo- have courage in these moments. The He advises the most decisive war we voltaic modules that can convert, even depth of this democracy of our great can wage on behalf of national security diffuse, light into electricity, such as is Republic will weather us again. We and America’s global image is the war being done by Solar Cells, a new com- have educated all of our people. We be- against our own oil gluttony. He talks pany in my district. lieve in helping both men and women about the fact that for nearly a cen- We can do this. We can do this in the move forward in our country. We be- tury, oil has been responsible for more United States. We just have not had lieve very much in free enterprise. We

VerDate 13-OCT-2001 05:21 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.098 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7399 are not a monarchy. We believe in help- tolerant, strong and wants to be part of the Ogoni, the Acehnese of Indonesia—the part- ing to distribute the resources of this solution, and thus we can urge its members nership between oil transnationals and re- land to all who work hard, and for to educate their children differently and en- pressive regimes has been ruinous, destroy- those who are unfortunate and cannot, sure that fund-raising in their society ing subsistence cultures while offering little doesn’t go to people who want to destroy we try to take care of them as well. in return. The Nigerian writer Ken Saro- ours. If so, I don’t expect the Saudis to teach Wiwa, hanged in 1995 for leading protests Those strengths, along with our mili- their kids to love America or embrace non- against such destruction, dubbed the process tary and with the great patriotism we Muslim religions. ‘‘genocide by environmental means.’’ have, will carry us through. But if countries want good relations with Oil and related extractive industries have [From the Foreign Affairs, Oct. 30, 2001] us, then they have to know that whatever re- ligious vision they teach in their public arguably done more to tarnish America’s DRILLING FOR TOLERANCE schools we expect them to teach the ‘‘peace- image abroad than any other commercial (By Thomas L. Friedman) ful’’ realization of that vision. All U.S. am- pursuit. By scaling back our reliance on for- In April 1988 Saudi Arabia asked the U.S. bassadors need to make that part of their eign oil we could reduce a major cause of to withdraw its newly appointed ambassador, brief. Because if tolerance is not made uni- anti-American feeling while simultaneously Hume Horan, after only six months. News re- versal, then coexistence is impossible. But decreasing our vulnerability to oil embar- ports said King Fahd just didn’t like the U.S. such simple tolerance of other faiths is pre- goes and price spikes. envoy. What the Saudis didn’t like about cisely what Saudi Arabia has not been teach- him, though was that he was the best Arabic Long before the Sept. 11 attacks, President ing. Bush adopted the slogan, ‘‘National security speaker in the State Department, and had If the Saudis cannot or will not do that, depends on energy security.’’ How can Amer- used his language skills to engage all kinds then we must conclude that the Saudi ruling ica best come closer to energy self-suffi- of Saudis, including the kingdom’s conserv- family is not really on our side, and we ciency? To date, the Bush administration ative religious leaders who were critical of should move quickly to lessen our depend- has changed our relationship to fossil fuels the ruling family. The Saudis didn’t want ence upon it. I was for radical energy con- primarily by deregulating and decentralizing someone so adroit at penetrating their soci- servation, getting rid of gas-guzzlers and re- controls, while advocating increased drilling. ety, so—of course—we withdrew Mr. Horan. ducing oil imports before Sept. 11—but I feel Interior Secretary Gale Norton supports Ever since then we’ve been sending non-Ar- even more strongly about it now. opening up many wilderness study areas, na- abic-speaking ambassadors to Riyadh—most- ‘‘Either we get rid of our minivans or tional monuments and roadless national for- ly presidential cronies who knew exactly Saudi Arabia gets rid of its text books,’’ says ests for oil and gas leases. how to penetrate the White House but didn’t Michael Mandelbaum, the Johns Hopkins have a clue how to penetrate Saudi Arabia. foreign policy specialist. ‘‘But one thing we But we will never be able to drill our way Yes sir, we got the message: As long as the know for sure—it’s dangerous to go on as- out of even our short-term energy problems, Saudis kept the oil flowing, what they suming that the two can coexist.’’ much less our long-term ones. America con- taught in their schools and mosques was not sumes 25 percent of the world’s oil while pos- our business. And what we didn’t know [From the New York Times, Oct. 29, 2001] sessing less than 4 percent of global oil re- wouldn’t hurt us. A DANGEROUS APPETITE FOR OIL serves. Even opening the Arctic National Well, on Sept. 11 we learned just how (By Rob Nixon) Wildlife Refuge to drilling would provide a wrong that view was. What we didn’t know mere 140 days’ worth of fuel. Such modest ADISON, Wis.—For 70 years, oil has been hurt us very badly. On Sept. 11 we learned all new supplies would take an estimated seven the things about Saudi Arabia that we didn’t responsible for more of America’s inter- years to reach the consumer and would be know: that Saudi Arabia was the primary national entanglements and anxieties than more costly than imported oil. funder of the Taliban, that 15 of the hijack- any other industry. Oil continues to be a ers were disgruntled young Saudis and that major source both of America’s strategic We have to be more inventive about easing Saudi Arabia was allowing fund-raising for vulnerability and of its reputation as a our reliance on all oil, foreign and domestic. Osama bin Laden—as long as he didn’t use bully, in the Islamic world and beyond. A good start would be to reverse the admin- the money to attack the Saudi regime. President Bush recently urged America to istration’s rollbacks in financing research And most of all, we’ve learned about Saudi reduce its reliance on foreign oil. We can into fuel efficiency and renewable, clean en- schools. As this newspaper recently reported take his argument further: by scaling back ergy sources. We need to build on the encour- from Riyadh, the 10th-grade textbook for one our dependence on imported oil, we cannot aging advances in developing wind and wave of the five required religion classes taught in only strengthen national security but also power, biomass research, transport fuels all Saudi public schools states: ‘‘It is com- enhance America’s international image in based on renewable oilseed crops, and photo- pulsory for the Muslims to be loyal to each terms of human rights and voltaic modules that can convert even dif- other and to consider the infidels their environmentalism. fuse light into electricity. Some of the most enemy.’’ This hostile view of non-Muslims, Importing oil costs the United States over promising progress has been in energy effi- which is particularly pronounced in the $250 billion a year, if one includes federal ciency: household appliances that require strict Saudi Wahhabi brand of Islam, is rein- subsidies and the health and environmental half the energy they did a decade ago; cars impact of air pollution. America spends $56 forced through Saudi sermons, TV shows and that can get 70 miles per gallon. the Internet. billion on the oil itself and another $25 bil- There is something wrong with this pic- lion on the military defense of oil-exporting Changing public attitudes is going to be an ture: Since Sept. 11, the president of the Middle Eastern countries. There are addi- even steeper challenge. Yet is it too much to United States has given several speeches tional costs in terms of America’s inter- hope that the S.U.V. will come to be viewed about how Islam is a tolerant religion, with national reputation and moral credibility: as an unpatriotic relic of the 90’s, when no core hostility to the West. But the leader our appetite for foreign fossil fuels has cre- America’s dependence on foreign oil spiked of Saudi Arabia, the keeper of the Muslim ated a long history of unsavory marriages of by over 40 percent? Is it unreasonable to be- Holy places, hasn’t given one. convenience with petrodespots, genera- lieve that with commitments from Detroit The truth is, there are at least two sides to lissimos and formenters of terrorism. and government, hybrid cars could become Saudi Arabia, but we’ve pretended that The United States currently finds itself in not just more sophisticated but sexier, nar- there’s only one. There is the wealthy Saudi a coalition with Russia, Pakistan, Saudi rowing the gap between fashion and con- ruling family and upper middle classes, who Arabia and the Northern Alliance. Their science while saving us money at the pump? send their kids to America to be educated human rights records range from bad to hei- Could hybrids and fuel-efficient vehicles and live Western-style lives abroad and be- nous. This is a conjuncture familiar to oil emerge as the cars of choice for a more patri- hind the veil at home. And there is an companies. From the Persian Gulf states to otic and worldly America? Islamist element incubating religious hos- Indonesia, Turkmenistan, Kazakhstan, Co- Redesigning hybrids is one thing; the busi- tility toward America and the West, particu- lombia, Angola and Nigeria, they have cozied ness of remodeling American consumer de- larly among disaffected, unemployed Saudi up to dubious, often brutal regimes that youth. allow corporations to operate with few envi- sire is an undertaking altogether more ambi- It is said that truth is the first victim of ronmental or human rights constraints. tious. But we do have precedents: remember war. Not this war. In the war of Sept. 11, Outside the West, the development of oil the beloved Oldsmobile 88’s and Ford LTD’s we’ve been the first victims of our own in- resources has repeatedly impeded democracy that lost their appeal after the 1973 Arab oil ability to tell the truth—to ourselves and to and social stability. The oil-extraction in- embargo? With a combination of pocketbook others. It’s time now to tell the truth. And dustry typically concentrates wealth and incentives, government stimulus and indus- the truth is that with the weapons of mass power and provides many incentives for cor- try inventiveness, perhaps we could tart un- destruction that are now easily available, ruption and iron-fisted rule. In most oil-ex- coupling America’s passion for the auto- how governments shape the consciousness, porting countries the gap between rich and mobile from our dangerous and doomed appe- mentality and imagination of their young poor widens over time. From the perspective tite for oil. The most decisive war we can people is no longer a private matter. of local people beneath whose land the oil wage on behalf of national security and We now have two choices: First, we can de- lies—Bedouins in the Middle East, the America’s global image is the war against cide that the Saudi ruling family really is Huaorani in Ecuador, Nigeria’s Ijaw and our own oil gluttony.

VerDate 13-OCT-2001 05:21 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.100 pfrm01 PsN: H30PT1 H7400 CONGRESSIONAL RECORD — HOUSE October 30, 2001 AIRLINE AND AIRPORT SECURITY: ship where one side is saying the other changed until this Congress meets WHERE DO WE GO FROM HERE? side is driven by ideology or bipartisan again; when they talk about that, they The SPEAKER pro tempore. Under gain. This issue is about the safety of are not talking about the current sys- the Speaker’s announced policy of Jan- the American traveling public, and it is tem, because that does not exist in the uary 3, 2001, the gentleman from Ari- about how we make our airports and current system. Under the current sys- zona (Mr. SHADEGG) is recognized for 60 our airlines safe, the securist and the tem, airlines hire private companies. minutes as the designee of the major- best it can be in the world. How do we Let me make it clear. That does not ity leader. create that system? It is not by cre- exist anymore. It is gone, absolutely, Mr. SHADEGG. Mr. Speaker, I want ating a one-size-fits-all piece of legisla- totally gone. to talk tonight about an issue that was tion. So although the stories about what is discussed in the last hour and will be I would like to go down to the easel going wrong today or what is going discussed in this country and in this and walk through some of these points, right today about the checks that Chamber tomorrow and the day after. because I think they are extremely im- Americans may have experienced or Indeed, it is a topic that all Americans portant for all Americans to under- may not have experienced when Ameri- have been focused on if they are watch- stand, and I have some graphics that I cans have been through airport secu- ing the great debate here in this city. think will help make those points. rity in the last few days, all of that is That topic is a critical one for this As I said just a moment ago, this is a part of the past. Indeed, we will talk country; it is airline and airport secu- not about partisanship. And impor- a little bit later about one of the dan- rity. tantly, although we have heard a lot of gers about one of the bills, the Senate This country’s economy depends on discussion about what is wrong with bill, which says what we should do is our national air system, on our air the current system, it is not about the make sure that every single employee travel system, on the security of people current system. Let me say it again. responsible for any aspect of screening who decide to take a flight, whether it Let me make sure nobody misses this is a Federal Government employee. is for recreation or business, from their point. Nobody is debating the merits of One of the dangers is that they will go home to some other location to con- the current system. The current sys- out and simply hire the people that do duct business or to go on a vacation. tem, whether it could have succeeded the job now and make them Federal We heard a discussion in the last or not, has, in fact, failed. The current employees. hour about the bill that will be before system has not provided the American I want to make another point here: us, and I think it is important for all people with the safety they deserve. So the issue is not where the paycheck Americans to understand the issues all the anecdotal stories we heard in comes from. I have never had a single presented by this legislation. It is vi- the last hour, all the anecdotal stories constituent come up to me and say, tally important that we make Amer- we are going to hear tomorrow and the you know, Congressman, I think I ica’s airports and America’s airlines next day about the failures of the cur- would feel more secure when I fly in an and America’s air travel system abso- rent system, about how the airlines are airplane if I knew that when I got on lutely safe. However, it is also impor- not doing security correctly; about the the airplane the person who checked tant in doing that that we have an in- corruption, for example, of some of the me through got a paycheck from the formed debate, a debate about what current security providers, that is real- Federal Government. I have never had needs to occur and a debate about what ly not an issue, because the issue is not somebody say to me, Congressman, I is wrong with the current system, and the current system. Nobody, again, is think I would feel more secure if when a debate about what the alternatives proposing the current system. Let us I went through the security gate, I are for the future. talk a little bit about that current sys- knew the person got a paycheck from a Unfortunately, a lot of the debate tem. private company. Nobody has ever said that we have had and that we heard in Under the current system, airlines that is the issue. Indeed, that is not the the last hour focused on the past and hire private companies to supervise issue. The issue is and the issue that not accurately on the future or the airline security. That is not in the Re- all of us need to focus on is how do we issue that is presented for the future. publican bill. That is not in the Demo- create the best system to make sure We heard a lot of discussion in the last crat bill. That is not in the President’s that Americans are safe and secure. hour about the flaws in the current bill. That is not in any legislation. No- The question we have to ask our- system and about what is wrong with body is proposing that we retain the selves is what are the constituent ele- the current system. current system where the airlines have ments of that? Well, I can tell my col- Mr. Speaker, I want to make it abso- responsibility for security and where leagues that one is, we have decided lutely clear that no one is proposing private companies are hired by airlines not to have the airlines continue to that the current system be retained. to provide that security. Why discuss hire private companies. We have de- No one is proposing that. I want to it? Why debate it? I was in a debate on cided that the Federal Government make it also clear that while a lot of this topic with one of my colleagues should take over the responsibility of the discussion in the last hour focused the other day who recounted to me making our skies safe for the traveling on this issue of a Republican versus a over and over again the failings of the public. Democrat solution of philosophy or current security companies. Guess ideology, those really are not the what? Nobody is proposing that we b 2030 issues. The issue which all Americans keep those systems. Under the current And both the Republican bill and the need to understand as the issue is the system there is no federalized and no Democrat bill will provide that. The safety of our airlines, the safety of our law enforcement supervision of any airlines no longer hire private compa- airports, and the safety of air travel in kind. There is none. Right now, the nies. The airlines indeed no longer have America. On that issue, I and my Re- Federal Government has no responsi- the responsibility for this task. It be- publican colleagues do not see it as bility because we hand it over to air- comes a Federal Government responsi- partisan and do not see any benefit in lines who hire private companies, and bility. discussing a partisan divide. We see it that system has failed. That is a decision that has been as one issue: how do we make the skies So make no mistake about it, in the made. That is a debate that no longer of America safe for every single Amer- debate we are going to hear in the next will even occur, although some are try- ican, black, white, Republican, Demo- few days, when we hear Republicans ing to get Members not to watch the crat, brown, red; every American needs talk about the idea of having a mix of ball, and they may talk about that. and deserves the best possible protec- Federal Government employees and They may say that private companies tion system for our Federal aviation Federal supervisors and Federal train- mean we are going to keep the old sys- system to ensure that we are all safe. ing and Federal law enforcement per- tem. Please understand that is not cor- I want to say that I think it is sad, sonnel at every gate and at every site rect. absolutely sad when the debate on this to supervise, but not requiring that There is another point. Right now kind of issue, which ought not to be every single employee as a mandate of there are no federalized standards, no partisan, sinks to a level of partisan- Federal statute, which cannot be federalized law enforcement present,

VerDate 13-OCT-2001 05:21 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.101 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7401 no federalized supervision at the gates. this through either Federal employees, had to in every case go back through That is gone. That will not be part of or a mix of Federal employees who are security, there might be some ration- any legislation that is before us tomor- law enforcement-trained and who are ale for drawing a distinction between row. But we need to talk about what is screened and trained and supervised, small and big airports. before us tomorrow and about the two all the personnel. But it says that if But that is not the way the system different alternatives that are here. the Secretary determines that some of works. In my State of Arizona, we have One, quite frankly, is an approach by those employees should be private two very, very large airports. We have people who I think are genuine and sin- rather than get a Federal Government Phoenix Sky Harbor Airport, and I fly cere and are concerned about the safe- check, then that is okay. We give that in and out of that airport every single ty of the traveling public, as I am, who discretion. week. Let me assure the Members, I am think that the way we have to do that I think it is important to understand part of the traveling public. I live in is to prescribe in Federal statute, lock- that this is really not a fight about Phoenix every weekend, and I live in ing it in forever and ever, until this anything other than should we legis- Washington during the week every Congress meets again and the Senate late the Department of Transportation week. meets again and changes that, that the into a strait-jacket where one must I have flown countless times since issue really is, where does the pay- have Federal Government employees September 11. I have been through check come from, and that the way to and Federal Government employees Reagan Airport, BWI, Dulles, and I make our skies safe is to have those only; or should we give that discretion, have been through Orange County Air- paychecks come from the Federal Gov- so somebody could make a judgment? port, I have been through John F. Ken- ernment, because of course if they If it should be, on their determina- nedy Airport, I have been through come from the Federal Government, tion, the Secretary’s determination, all LaGuardia, and I have been through our skies will be safer. Federal employees, so be it, but if it O’Hare and D-FW, all of those since So the Senate bill, which will be of- should be a mix, we can make that de- September 11. So I am part of the trav- fered here on the floor and which one of cision, as well. eling public, and this issue is of grave my colleagues just a moment ago There are problems with the Senate concern to me, not only for my safety called upon us to pass immediately, bill beyond this that I think are worth but my family’s safety and that of all says that all screening of personnel and some attention and worth talking the traveling public. property must be done by Federal em- about; and I also want to talk about But I want to make this point: in Ar- ployees. It actually uses those words. the facts behind this debate, because izona we have two large airports, Phoe- nix Sky Harbor and Tucson Inter- It says it must be done by Federal em- there are facts in this debate. national. But we also have multiple ployees, as if making them Federal em- First, however, before we get to those small airports at Flagstaff and at Page ployees would somehow accomplish the facts, which include how this is done in Europe and how this is done for El Al, and at Prescott and at Yuma. task. People should understand that if I I want to make it clear, I have a lot the airline that flies in and out of get on an airline at a small airport in of friends who are Federal employees. I Israel, probably the most-attacked air- Flagstaff, Arizona, let us say it is the have great respect for Federal employ- line in the world, let us talk a little bit hometown airline, America West, and I about the Senate bill. ees. I think they are sincere and hard- fly out of Flagstaff, Arizona, and land In the last hour, we heard people call working people. I think this job could in Phoenix, I am in the secure area at for, why do we not just pass the Senate well be done by Federal employees. Phoenix Sky Harbor Airport. I do not But I do not think that it will be bill, and why did we not do it a long have to go back through any security done by Federal employees correctly time ago, and what in the world could screening. I go straight from my arriv- be wrong with this? How could we have just because they were Federal employ- ing gate to my departing gate; and my such a partisan debate? Why have some ees. I think it could be done by Federal departing gate can take me to any air- Members not just rushed to pass the employees; I think it can be done by port in the country, and indeed, to Senate bill? properly supervised private people, pri- many airports around the world. It can First of all, we have this building, we vate employees, as well. certainly take me to LaGuardia and to have this Congress, to debate these Again, the issue is not where their Washington National, Reagan Na- issues. We have them to educate our- paycheck comes from. The issue is the tional. It can take me to Dulles and all selves and to study these issues. We do standards and the training and the su- the major airports of this country. pervision, and, yes, the pay and the not just pass the other body’s piece of But if I got on at a small airport, I competence of the people who do these legislation because it is done. We have am in the system. The hijackers used jobs. a duty. I have a duty to my constitu- that very advantage when they got on, The issues are: Are we intelligently ents to read it. I have a duty to study when some of them got on for the at- thinking through the process; have we it. I have a duty to think about it. I tacks, the unspeakable horrors of Sep- correctly assessed the threat; have we have a duty to inform myself about it, tember 11. set proper security standards; are we and I have a duty to consider whether Yet the Senate bill allows different training the personnel correctly to do or not it does the job right. responsibilities for different airports. the job; are we supervising them; are I commend those who wrote the Sen- It says that the Secretary has the right there law enforcement personnel ate bill for doing a competent job. to delegate the authority for certain present to supervise them; are there They addressed a number of these smaller airports, but not for larger air- law enforcement personnel present to issues. They moved very quickly. They ports. So we have different levels of re- make arrests or to question people, if are entitled to credit for that effort. sponsibility or different responsibility that needs to occur? But I do not believe it strikes the right at different airports. All of those things are true under the balance. That is why I hope that my Explain that to me. As a Congress- House Republican bill and, quite frank- colleagues here in this body and all of man, do I not have a duty to look at ly, they are also true under the House the people across America will take a the facts, to look at what happened on Democrat bill, except the Democrat careful look and carefully listen to this September 11 and to say, well, why bill offers this premise: unless their debate, because the Senate bill is not would the Senate bill say, well, we are paycheck comes from the Federal Gov- flawless. Let us talk about it. going to have one level of security for ernment, they will not do it correctly. One of the first things that is kind of the 100 or so largest airports in Amer- I simply reject that. surprising to me about the Senate bill ica, but we are going to have a separate Now, the House Republican bill, and I is that it perpetuates a flaw in the cur- and different responsibility at smaller regret using those terms, but those are rent system. The current system has a airports, when that was one of the very the kinds of issues that we have here, different mechanism, a different level loopholes that was either used or tried and we will be discussing tomorrow a of security at smaller airports than at to be used by the hijackers on Sep- Republican and a Democrat bill, the larger airports. tember 11? House Republican bill says that the Now, maybe if, when we flew from a For that reason alone, we should re- Secretary of Transportation can do smaller airport to a larger airport, we ject the Senate bill and reexamine it

VerDate 13-OCT-2001 05:31 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.103 pfrm01 PsN: H30PT1 H7402 CONGRESSIONAL RECORD — HOUSE October 30, 2001 and rewrite it. I hope we will do that. sion in Europe, about the question of IX, section 5, statute that gives these I hope Americans across the country whether or not government employees employees civil service protection. will understand that that is a critical with full civil service protection can be b 2045 flaw in the Senate bill. fired or disciplined as rapidly and as Now, that is not a partisan flaw. It is easily as they need to be. So can they be disciplined? Who not that I think that the authors of I do not know if they can or not, but knows? Can they be disciplined without that bill were insincere. It is not that I know there was an effort on the Sen- a hearing? Who knows? Can they be I think that they intended to leave a ate bill to say that we ought to do it fired? Who knows? Can they be fired loophole in the Senate bill. differently, except that I think they without a hearing or do they have It is, however, that in their effort did not do it right. these civil service rights? That issue, rather quickly to write a piece of legis- If we read their bill, we will see it unfortunately, under the Senate bill lation to address this very, very, very says, as I said, ‘‘Notwithstanding any will have to be litigated. important topic, they thought, well, other law, the Attorney General may Now there are other issues that I maybe we should have the Secretary do these things.’’ But in discussing think are worth discussing and worth have different authority for different that issue with one of the authors of people understanding on this very, very airports, and maybe we should allow the bill, he said he thought that made important topic; and it is not just that him to set different authority for dif- those employees at-will employees, I am against the Senate bill. I want to ferent airports. meaning that if the Attorney General, make that clear. I am for the Senate or I would argue that that is a serious who has the responsibility under the the House bill, whichever will make flaw, and a flaw that was exposed by Senate bill, decided they ought to be America’s airlines and America’s air- the hijackers on September 11. That is fired or disciplined, he could just do it ports as secure and safe as is humanly the first part of the Senate bill, and and there would be no civil service pro- possible. that would be my response to my col- tection, no hearings, no nothing; it I give no quarter, absolutely no quar- leagues who were here on the floor an could just be done. Unfortunately, they ter to claims that this debate is about hour ago urging us to instantaneously do not use the words ‘‘at-will employ- somebody who wants to protect or pre- pass the Senate bill. ees.’’ serve the current system, because that Interestingly, I had a debate with the But more importantly, and this is a is not true. We talked about that a ranking member of the Committee on second key problem with the Senate minute ago. The current system of air- Transportation and Infrastructure, or I bill, they do not cross-reference or lines employing security companies is guess one member below him, an expert refer the current civil service statute. gone. That is not in the House com- in this field who has done some very, What I mean by that is the current law mittee bill. It is not in any Democrat very good work in this field. He said he gives civil service protection to all substitute that will be here. thought the Senate bill was not per- Federal Government employees, and I give no quarter to anybody who fect; and, indeed, he thought the House there is a statute that gives that pro- says Republicans do not care about se- Democrat alternative was better than tection. curity or about safe skies. Come on. that. I commend him for at least ac- The U.S. Supreme Court, in a series Give me a break. As if I do not fly and knowledging there are some problems of cases, has said that with that civil my family members do not fly. I give with the Senate bill. service protection, an employee may no quarter to anybody who says this is Let us talk about the second problem not be fired and may not be disciplined about partisan divide or philosophy or in the Senate bill, because I think it is without certain due process rights. some dislike of government employees. also a very, very severe problem with The Supreme Court has said, Con- That is outrageous and unfair. that bill. I do not see this issue, again, gress could choose not to extend those The question is, is the Senate bill as where the paycheck comes from. I rights to either all Federal employees written correctly, or should we pass an see it as the competency, the training, or some subset of Federal employees; alternative that fixes a couple of these the supervision, and the profes- and I think that is what the Senate problems, and do that and go to con- sionalism of the people who do this job. was trying to do when they wrote this ference committee and try to write a I do not see it as being solved by a bill, but they did not. They did not good piece of legislation that will pro- quick and dirty, ‘‘well, we will just cross-reference the Federal statute vide the American people with the make them all Federal employees’’ so- that gives government employees, Fed- securest and safest airline and airplane lution. eral Government employees, civil serv- passenger and air traffic system in the But if we go down that road, we have ice protection. world? And the answer is we have to do to look at this. Even proponents of So I think, quite frankly, they have the latter. We cannot do the rush to that solution say, well, what about the done nothing to ensure that the Attor- judgment. We cannot just pass the Sen- issue of the accountability of Federal ney General, who has the authority ate bill when we know it has these employees? What about the issue of ac- under their bill to hire such employees kinds of problems in it. countability of government employees? or fire them or discipline them, in fact Let us talk about another issue. The What about the accountability of the has that authority without civil serv- Senate bill says that all passengers and people who will be doing this? What ice protection. So I think that is a very property shall be screened by Federal laws should they be governed by? serious drafting problem with that bill. employees. I have already expressed In the Senate bill, they try to ad- When we hear people tomorrow and my concern about whether just having dress that issue. In the Senate bill, the next day urge people on the floor, them be Federal employees is the an- they have written a sentence which just vote for the Senate bill, the Sen- swer, but let us talk about all pas- says, notwithstanding any other law, ate bill is perfect, the Senate bill is sengers and property. Here is the inter- the Attorney General may hire, dis- flawless, I hope Members will remem- esting issue there. The Senate bill does cipline, and I think fire or terminate ber this. Because we can log on and not define, or at least does not define these employees. I think their goal find, all Americans and all my col- very clearly, about the question of there was to make sure that these em- leagues can find, this legislation and property. What do we do about prop- ployees would be accountable, so that can look up these flaws. They can look erty? is why I talk about accountability. up the fact that the Senate bill, which We understand and I understand and Right now, the authors of the Senate will be urged here on the floor, has dif- the House bill supports the fact that bill have apparently said, we do not ferent standards or allocates different every single carry-on piece of luggage want the same civil service protections responsibility for the security of air- needs to be screened and screened care- for these new Federal airport screening ports that are large and those that are fully. It needs to be screened by people personnel as we have for other Federal small; and it has this language which who are competent and people who are employees. They actually, I think, con- tries to make these new Federal em- trained. I think they ought to be cer- ceded that point and wrote the bill this ployees accountable. But I think fails tified by the Federal Government to do way because there has been discussion to do that, because, as we will see, their jobs. They ought to be supervised across the country, and indeed, discus- there is no cross-reference to the title by Federal law enforcement personnel

VerDate 13-OCT-2001 05:21 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.104 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7403 with the ability to question people and make any sense. But under the Senate way, that is to dictate that all of this the ability to even make arrests on bill where we have this broad definition be done by Federal employees. sight. That is what the House com- of property and this definition of Fed- Again, I do not criticize Federal em- mittee bill, the Committee on Trans- eral employees, we raise this very seri- ployees. I have great respect for them. portation and Infrastructure bill does. ous issue. Are we going to make all of It is not about Federal employees or But there are other issues besides that those people, the cooks and the cater- private sector employees. It is about metal detector that we go through and ers and the cleaners and the mechanics professionalism. It is about training. It carry our briefcases through, as I did and whoever else might bring some- is about pay. And the critics who say this morning when I left Phoenix. thing on board, some property on board the current people who do that job are The other issues are what about our the plane, a Federal employee? underpaid are dead right. But, again, baggage? I think every single piece of I think that highlights that the Sen- like I stated earlier, nobody is defend- checked baggage needs to be screened. ate bill, though well intended, I think ing the current system. The House It needs to be screened by personnel it has huge sections that are very well Committee on Transportation and In- who are competent, by personnel who written and thoughtfully written out, frastructure bill drafted by the gen- are trained, by personnel who know made a mistake in that vague defini- tleman from Alaska (Mr. YOUNG) does what they are doing and are paid well tion. I think we have a duty, all of us not preserve the current system. It and are professionals. And they need here in this Congress have a duty to changes that system, as I outlined be- the equipment to do that job right. read that bill carefully and to reflect fore. But what the Senate bill does is That is in the House Committee on on it and not just to rush to pass it, as create a strait-jacket. Transportation and Infrastructure bill. was mentioned in the debate earlier Now I want to talk just for a moment All of that is in the Committee on here tonight. Why can we not pass the for people who understand the problem Transportation Infrastructure bill. Senate bill? We have a good bill in when you do that in Federal statute. But when we use the word property front of us. What is wrong with it? All of us want clean air in America and we are raising the question of what That is why I get really sad and dis- all of us think that that is an impor- about the employees who prepare the gusted. And I would hope that all peo- tant goal for us to have. We need the food that comes on to the airplane? Do ple of good will in the debate that will cleanest possible air for Americans to they need to be Federal employees? Is come tomorrow and the next day would breathe. A few years back, the United that what the Senate bill is saying? be saddened and disgusted when the at- States Congress wrote a law and said What about the question of people who tack comes that says, oh, the only rea- we will create clean air. And that was come on to the airplanes to clean son that they do not want to pass the the right thing to do. But unfortu- them? Do they need to be Federal em- Senate bill is because of partisanship; nately the Congress went a step beyond ployees? Maybe they should be super- the only reason they do not want to that. And what we said was the way vised by Federal employees. Maybe pass the Senate bill is because Repub- and the only way to create clean air is they should be screened by Federal em- licans do not like it; the only reason to mandate by Federal statute that we ployees. But do they need to be Federal they do not want to pass it is ideology oxygenate the fuels. Guess what? It employees? or philosophy or refusal to com- turns out in California that One of things that we still do not promise. oxygenating the fuel is not the best know the answer to is in the tragic These points that I have just made, way to create clean air. And out of this events of September 11 we know that different airports having different lev- mess we have created TCE, which is in those who carried out the attacks els of responsibility, accountability our water supply. brought on board so-called box cutters. being unclear, the vague definition of I first heard that term and I did not what is property and what is not prop- This raises a fundamental question know what it was until I figured out it erty and who would have to be a Fed- about the debate that will go on here is the kind of razor knife that I use to eral employee, all raise serious ques- tomorrow. That is, when we as a Con- cut open a box at home or to cut a tions on the merits, substantive ques- gress identify a problem, should we piece of cardboard. It has a blade, it is tions, that I challenge my opponents, solve that problem by prescribing a in fact a razor blade, but the blade is opponents of the House bill whether standard and giving the authority to exposed only about an inch. they be on that side of the aisle or this people who achieve that standard, or Some of the speculation about Sep- side of the aisle, to address, deal with should we tell them how to do the job? tember 11 and the attacks that oc- and talk with. Explain why these are Because the Senate bill says the only curred that day is that maybe those not serious problems in the Senate bill way to make the skies safe is already knives were not brought on board by and explain why the debate that will known, and it is known by the United the hijackers themselves, maybe they occur here on what we ought to pass to States Congress. And it is to require were brought on board by the cleaning make America’s skies as safe as hu- everybody, though it is not clear who crews. Maybe they were brought on manly possible is not a meritorious de- everybody is, who screens passengers board by the people who prepare the bate. and property to be a Federal employee. food. Maybe they were smuggled on That kind of leads me to the last Well, that kind of strait-jacket did not board by mechanics. We do not know. point, and maybe the camera can look work for clean air because we now have But again it raises the question and I at it here, and that is the word strait- problems with clean air. think the House bill address this, that jacket. I would argue in crafting the The answer is science moves faster we need a comprehensive system to en- Senate bill, its authors were, I think, than the United States Congress. The sure all security on those planes. And genuine and sincere and did their best answer is scientists in the energy field the idea of let us just make them Fed- to write a good piece of legislation, have already figured out how to make eral employees, we have to ask our- have simply made a mistake by cre- cleaner air without using oxygenates. selves, where does that end? ating a strait-jacket, a strait-jacket But the Federal Government knew the Do all the people who cook the food written into Federal statute that says right answer, so it did not prescribe have to be Federal employees? Do all here is how we do it. that we ought to have clean air. It said the people who clean the planes have to It does not say, we want safe skies we ought to have clean air and this is be Federal employees? Do all the peo- and we are going to give the authority how to do it. That is the problem with ple who bring on boxes of Kleenex or to some Federal law enforcement offi- the Senate bill. The Senate bill creates rolls of toilet paper or big stacks of cials to create safe skies. No. It says, a legislative strait-jacket. It does not paper towels that we use to dry our we want safe skies and we, the United say we want the safest skies in the hands, do they have to be Federal em- States Congress, know the only way to world. It says we want the safest skies ployees? What about the mechanics? make safe skies and so we are going to in the world and we, the Congress, in What about the pilots? What about the write into law forever and ever, or at our arrogance, know the right way to stewardesses or flight attendants least forever and ever until we pass do that. I want to say that that is just themselves? Do they all have to be some other piece of legislation, that dead wrong. We do not know the right Federal employees? That does not way to make the skies safe. And by the way to do it.

VerDate 13-OCT-2001 05:21 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.106 pfrm01 PsN: H30PT1 H7404 CONGRESSIONAL RECORD — HOUSE October 30, 2001 Let us talk for just a moment about can be read, but it shows the various 20 public sector employees. In Amster- the House bill and then the other expe- countries of Europe and it shows a dam, there are 2,000 private sector em- riences around the world and the facts. trend. Beginning 20 or 25 years ago in ployees supervised by a total of 200 Here is the House bill. It probably is all of those countries, there was one government employees. And the ratios not perfect either, and if we pass the system. The system was the national are shown all through this map. In House Committee on Transportation government ran security at virtually Brussels, for example, they use 50 gov- and Infrastructure bill tomorrow we every airport, indeed, so far as I know, ernment supervisors to oversee a total will go to conference and we can take every airport in those countries. But of 700 private sector contract employ- the best of both pieces of legislation. beginning in the 1980s they discovered ees. In, for example, Helsinki, Finland, But if we pass the Senate bill, it will be that that system was not the best sys- over there, you can see the ratio is 20 done and it will go to the President. tem. And so they began to move to a government employees, supervisors, First of all, as I said, the House bill mix of private and public personnel at trainers, law enforcement personnel su- does not preserve the current system of these airports. pervising 150 private sector employees. airlines hiring private sector compa- Now let us just take a look at them. Pick any one of these airports and it nies at the lowest bid, by the way, to Belgium went partially private in 1982. is, as you can see, a mix. In Geneva, we provide the screening of passenger and They still have a federal government, see it is 50 private sector employees to baggage at airports. No. It says that all federal Belgium Government presence 250 government employees. So they screening shall be done under the su- at the airports, but they have some pri- flipped the chart there. But it is still a pervision of Federal Government em- vate contractors. Supervised, trained, mix, and I think that makes the point ployees. And it says that there will be overseen by government employees, very clear. The average ratio, as the Federal personnel at every single but not every single person is a govern- chart says, is 85 percent private sector check point. ment employee. employees supervised or overseen by 15 It is not a question of returning to percent government sector employees. b 2100 the current system where we get to the I think it is very important to under- gate and there is some private sector The map goes on, I just want to make stand, then, that when we hear people security person that was hired and this point over and over and over tomorrow on the floor say, look, any- they are the only one there. It is not again. You may have heard that secu- one who opposes the Senate bill is just that at all. It says that at every single rity is much better in Europe than it is being stubborn or just being rigid or check point in America there will be a here in the United States and, indeed, just being anti-government employee presence of Federal Government super- that may be, although the first flight I or just being partisan, I hope that visory personnel. And, by the way, they took after September 11, a gentleman these facts, and I assume they will will either be law enforcement per- in line in front of me had just come come out again over and over in the sonnel or military personnel, and they from Europe and he said he had gotten course of this debate, will help us un- will ensure that the screening is done on an airplane in Milan, Italy, and he derstand that at least in Europe there properly. There will be Federal train- had not been asked a single question or is a mix similar to what would be pos- ing, there will be Federal supervision, gone through any security screening sible under the House bill. and there will be Federal standards, whatsoever. Now, I think it is very important to and there will be a law enforcement or But, nonetheless, the argument goes understand because under the language military presence at every single check that in Europe, and this is a false argu- of the House bill, the Secretary of point. That is not the current system. ment but it is an argument that has Transportation is not placed in a But to this key question of whether been raised at the outset of this debate, straitjacket. He or she is not told they they have to be government employees that in Europe they all use government must all be private sector. Indeed, they every single one down to the last per- employees. Well, that simply is not are told they cannot all be private sec- son, it leaves that open to the Sec- true. Belgium went partially private, tor. But they are also not told they retary of Transportation. It says that partially government in 1982. In 1983, must be all government employees. we will let that job be done by the Sec- the Netherlands, a mix of private and That discretion is given. retary of Transportation to decide public. In 1987, England had a mix of If the Secretary were to decide they what is the proper mix. government supervision and private must all be, for his or her satisfaction I have said there are facts in this de- sector employees. In 1990, a number of to do the job properly, government em- bate and there are facts in this debate. countries, Sweden, Norway, Finland, ployees, then that would be permissible And I think it is important to talk all went to a mix of Federal Govern- under the House bill. If the Secretary about those facts. That dovetails into ment employees of those countries su- decides it ought to be a mix, as is the the way of House Committee on Trans- pervising private contractors. case throughout Europe, then that portation and Infrastructure wrote I will not go through the entire would be possible under the House bill. their bill because the system elsewhere chart, but Ireland in 1998, Portugal in But, again, under the straitjacket of in the world that is working does not 1999, Spain in 1999, France in 1993, Swit- the Senate bill, that simply is not per- follow the model of the Senate bill. zerland in 1999, Italy in 1999, Germany mitted. That discretion is not given. The system around the rest of the in 1992, Austria, I believe in 1994, it is The Federal Government decides that world that is working follows the almost impossible for me to read so it issue. They decide once and for all, by model similar to the House bill, that is, has to be hard for you to read, Poland gosh, it is going to be Federal employ- national government supervision, a na- in 1998. Virtually every country in Eu- ees no matter what. That is it. That tional government law enforcement rope, indeed a grand total of at least 16 will assure safe skies, and we the Con- presence at every check point, national of them, has moved to a mix of private gress know the right answer. The heck government in those countries, na- sector employees on contract with with giving anybody any discretion. tional government standards and law standards and supervision and training The heck with assuring professionalism enforcement presence; but it does not done by the government. That is the by training. say that everyone shall be an employee system that they have found that has They have no more training in the of the Federal Government. Why? Be- worked the best. Senate bill than the House bill. Pay. cause the issue, again, is not where Now, I have tried to describe that They have no higher standards for pay their pay check came from. The issue mix by saying that it is a mix of per- in the Senate bill than the House bill. is competence, training, supervision, sonnel, and this is another chart which Supervision. They have no more super- pay, and professionalism. shows that mix of personnel. It shows vision of the actual screeners in the Let us talk about the experience what the ratio of private employees to Senate bill than in the House bill. Cer- around the world. Again, I have charts public employees is at each of these tification of compliance with training. that show this. European airports. And I can pick any That is not done any differently or any This chart, and it is maybe a little one of them and perhaps read it. For better or any more stringently in the bit hard to see, is a chart of Europe. It example, in Oslo, Norway, there are 150 Senate bill than the House bill. It is shows, and I do not know how well it private sector employees supervised by just that they think that what matters

VerDate 13-OCT-2001 05:21 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.108 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7405 is where the paycheck comes from, and It seems to me that when we look at body is defending the current system they think that what matters is that the hard facts, when we look at the or arguing that we should keep it. The Congress ought to decide. I think that real issues here, it is fair to see that current system says airlines hire pri- is wrong. this is an honest debate. It is a debate vate companies. I think it is important to understand which ought to go forward on the floor Now, maybe that system could have two more things in this trend while of the House, and it is a debate in worked, maybe it never could work, looking at Europe. Number of Euro- which I hope my sincere and earnest but it certainly did not work. Although pean airports with private security. I colleagues on both sides of the aisle it is fair to point out, and I have a col- mentioned that there are 16 airports will understand there is no room for umn here by John Stossel, who says he throughout Europe that have private partisanship. There is no room for po- does not think the right answer is to security. Here is the trend. As I men- litical attacks of who gets a political give this entire function over to the tioned, it began in 1982 with one air- advantage or who loses a political ad- Federal Government. But it is fair to port, it climbed in 1983 and all the way vantage. point out that as flawed as the current on up, and we can see by 1999 it had Indeed, I would hope the American system is, give it to the low bidder, do risen to 16 airports in Europe, I think people become enraged at anyone who not pay them competent wages, do not the majority of airports in Europe who attacks, one side or the other, saying, screen them, and he says it is impor- are a mix of government employees su- well, they are just doing this for phi- tant to note are we closing the barn pervising private sector employees. losophy or for political gain. I would door after the horse got out or are we I also said that there were facts in hope the Members of this body have just simply whistling past this whole this debate, and there are facts in this enough conscience and conscientious- issue? debate. It is not just bias or prejudice ness to put aside partisanship at this The reality is there is no evidence, or philosophy or pro-union or anti- critical point in our country’s history not one shred of evidence, that the at- union, because I do not think those are and ask themselves, what is the right the issues. Again, the issue is com- tacks of September 11 occurred because way to do this job? How do we provide petence. And on the issue of com- the screeners at the airports let them the American people, how do we pro- petence, on the issue of what will best get by, let the hijackers get by with vide my son and my daughter, or your protect the American people, there are something they were not allowed to at least some facts that strongly sup- wife and your husband, or your son or bring on the plane. Indeed, the Federal port this structure, a structure where your daughter, or your sister or your standards which did exist at the time there is a mix of private employees su- brother the safest, most secure system? for what you could carry on the plane I would argue to the depth of my soul pervised by government law enforce- made a box cutter legal to carry onto a that there is not just one answer. I ment personnel, as the House bill re- plane because it had such a short little would argue that anybody who says quires, and that is demonstrated by blade. that there is just one answer and that this chart. So it is important to note that as bad This chart is a chart of the number of just one answer is in one bill is wrong, as this current system is, and as cer- hijackings in Europe and Israel over whether they said that about the House tain that we are going to replace it time, beginning back in 1968, and it bill or the Senate bill. The truth is at that we are, it is gone, we will not keep shows there were 8, I believe, in 1970, this critical point in America’s history, that system, there is no evidence that there were 4 in 1973, and on across. If if for no other reason than to honor the it was that system that let those hi- we look at the red line, we will see that people who died on September 11 in the jackers get on to the plane. The box in Europe and in Israel, and I will talk unspeakable horrors of those attacks, cutter knives they carried on board about Israel in just a moment, in Eu- that we have a duty to look at these were allowed, and they were allowed to rope and in Israel, as they have moved, issues conscientiously, that we have a bring them on board. beginning in about 1982, from a total duty to analyze the facts, that we have Now, it is also important to under- government controlled system to a mix a duty to actually read the legislation. stand that it is not true that only of government law enforcement super- These are pretty short bills. They are these lousy private contractors make vision and professionalism and training not that hard to read. It is not that dif- mistakes and only private contractors and standards of private sector employ- ficult to pick them up and leaf through hire incompetent people or indeed ees and away from mandating all gov- them. The American people have the criminals. Because John Stossel points ernment employees, the number of in- possibility and the ability to get on the out in his column, a recent column cidents has declined. Internet and to read every one of the that appeared, that there was a recent So the one really hard fact in this de- bills that we will debate here on the government study which found that 150 bate, what will make the skies of floor of the House in the next few days. IRS, Internal Revenue Service, that is America the safest, is the fact that They can read the Senate bill that has Federal Government, seasonal workers shows that at least in Europe and also been out for the past few days. They had criminal records. can see the good provisions in that bill Israel, where we have an airline that is b 2115 probably the most targeted airline in on making cockpit doors more secure, the world, El Al, the airline that serves on looking at the entire airport and Now, I do not defend the private se- Israel, as we have moved from all gov- trying to make it more secure. They curity companies who have done a ter- ernment employees in the 1970s to a can look at the House bill and see that rible job of screening their employees. mix of contract employees supervised we do in the House bill many of those I do not defend them when they have by government employees, the number same things. We make the cockpit underpaid their employees. I do not de- of incidents has gone down. doors more secure and more safe. We fend them or their records, and I think Now, in this debate there was some make airline travel safer. We provide they should be gone. I will vote for ei- discussion about Israel, and I men- for Federal air marshals. ther of these bills because they are tioned Israel a few moments ago. I But on this critical issue that seems going to get rid of this terrible system. think it is extremely important to to be dividing this body, I hope the But do not make the mistake that know that Israel has followed the same American people will look, and I hope only private companies and only these model as Europe. And that is to say in my colleagues will look at the key private companies make tragic errors. Israel there was a point in time when points of the legislation, and those key Here is the IRS of the United States, no private contractor was involved at points are worth remembering. Number government employees, who hired IRS all. The entire process was done by one, this debate is not about the cur- workers, also government employees, government employees. That system rent system or the current contractors. 150 of them, seasonal workers who had has been abandoned. The system in use I know that many of the contractors criminal records. now in Israel is a system which in- out there are doing a pathetic job. At What about the issue of the govern- cludes a mix of private sector contract my own airport at Sky Harbor Airport, ment never makes a mistake. How employees supervised by government there is a private contractor that has about in my State where a National employees with law enforcement train- been fired because of their incom- Guardsman was allowed to carry a gun ing. petence; not doing the job. Nobody, no- in the airport, turned out to be a felon.

VerDate 13-OCT-2001 05:21 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.110 pfrm01 PsN: H30PT1 H7406 CONGRESSIONAL RECORD — HOUSE October 30, 2001 He was allowed to carry a gun. The task force on the issue of airport secu- evening Members will hear me talk question is not that the Federal Gov- rity, said as Europe privatized, he said about providing an opportunity for em- ernment or the private sector cannot as Europe moved from an all govern- ployees to survive. So I do not fault make mistakes; the question is how do ment employee system to a mix of pri- what we ultimately did with assisting we ensure that the standards are set vate sector employees supervised by airlines. I am hoping, having the re- and enforced. government employees, said that they sponsibility of representing Conti- Again, we owe it to every American had better luck and better success in nental Airlines in my hometown, my and every American business to create having responsive employees under the congressional district, I do believe that a system that will indeed protect all mixed system. we must ensure that the access to com- Americans. My daughter, my son, your Maybe that is not always true, but I merce, the free movement of people is daughter and your son, and your wife think it is important that this is a gen- supported. We are hoping as we begin and your husband. tleman who is responsible for airport to secure the airlines and to pass legis- That system, I do not believe, is in security in Belgium; and it is a gen- lation that will provide Federal secu- the Senate bill. I urge my colleagues to tleman who headed up the task force rity for our airlines, we will see the log on and read it. There are problems that oversaw that. It is important to American people accept the comfort, if in that bill. understand the one immutable fact in you will, of the safety of traveling and Number one, the hijackers tried to this debate, and that is that when Eu- more and more will travel. slip into this country by using small rope moved from an all-government Just today we passed H. Con. Res. airports. The Federal bill lets the Sec- employee system, and this is true of 243, expressing the sense of Congress retary delegate the responsibility for Israel as well, from an all-national gov- that the Public Safety Officer Medal of small airports to local law enforce- ernment employee system to a mixed Valor should be presented to the public ment, but says he cannot do that for system of private sector employees and safety officers who have perished and big airports. If it is not right in all lo- public sector employees, the number of select other public safety officers who cations, it should not happen in any lo- hijackings declined. deserve special recognition for out- cation. But that is a flaw. Different re- Mr. Speaker, to conclude, I do not standing valor above and beyond the sponsibility at different size airports is think there is any one right answer, call of duty in the aftermath of the ter- a flaw in the Senate bill. but we have a duty to debate these rorist attacks in the United States on Accountability. The question of ac- matters objectively. We owe it to the September 11, 2001. countability is extremely important. American people, to the victims of Sep- I supported this legislation. I am We need professionalism, and people tember 11, and we owe it to our fami- gratified that the House had an oppor- who do the jobs as professional. We lies. tunity to debate the valor of these pub- need people who are trained and paid f lic safety officers, the great thanks well. We need people who are super- that we owe them, the firefighters, the vised well and who are given the tools CHILDREN WHO LOST PARENT OR emergency preparedness officers, the to do the job, not just at the metal de- GUARDIAN ON SEPTEMBER 11, police officers and all others who tector gate that I went through today, 2001, MUST BE PROVIDED FOR but downstairs where bags go through. The SPEAKER pro tempore (Mr. worked those days in New York and Somerset, Pennsylvania, and Wash- The Senate bill and its defenders will PUTNAM). Under the Speaker’s an- be here tomorrow, and you have heard nounced policy of January 3, 2001, the ington, D.C. We debated on the floor of the House them say it can only be partisanship gentlewoman from Texas (Ms. JACK- H. Con. Res. 233. I am delighted that we that causes people not to vote for that SON-LEE) is recognized for 60 minutes. bill. The Federal bill leaves the ac- Ms. JACKSON-LEE of Texas. Mr. were able to support legislation ex- countability question of whether they Speaker, so many of us continue to feel pressing the profound sorrow of the have civil service protection, whether the overwhelming impact that Ameri- Congress for the death and injuries suf- they can be hired or fired without a cans felt after the horrific attack on fered by first responders as they en- hearing and under what conditions un- America on September 11, 2001. deavored to save innocent people in the clear. My colleague just finished a very ex- aftermath of the terrorist acts on the I do not accuse the Senate authors of tensive discussion and explanation of World Trade Center and the Pentagon that bill of having intentionally made the agreements and disagreements as it on September 11, 2001. either of these mistakes. I think they relates to Federal security and the air- We, in a very unified manner, sup- were sincere and doing their best; but lines. We will have an opportunity, ported this legislation. I am proud that it is the job of this body as well as the however, this week to debate that the Congress took time to debate this job of the other body to carefully scru- question on the floor of the House, and voted on this unanimously, almost, tinize the words in these bills and to those of us who support the Senate bill to the extent that Members were here. try to make them right. and the Democratic substitute that we This is good legislation, and I support The vague definition that I men- hope will be presented; and of course it. tioned earlier, the question of does this the majority will have an opportunity Interesting enough, however, in the new requirement of Federal employ- to present their ideas to the floor. aftermath of September 11, 2001, I have ment extend to the people that clean A couple of weeks ago we debated the not heard one full debate on the floor the planes and bring food on the question of how the President would of the House about the children who planes, to the mechanics or pilots, if respond to these horrific acts. Al- suffered and are still suffering. Not one the only way to make something safe though the time was not long enough, hour, not one moment has been de- is to be done by Federal employees, do we had the opportunity to debate the bated and allowed for legislation that we have to nationalize the airlines? I war resolution and the War Powers Act focuses on the loss of these children. think the issue is professionalism and and to include Congress’ voice and Con- H. Con. Res. 228 dated September 14, training and supervision, and indeed gress’ desire to have oversight as we 2001, sponsored and cosponsored by pay and competence. These are the send our men and women to foreign over 40 to 50 Members of the United issues that we ought to be looking at shores. States Congress, focuses on these chil- in this debate. On one there is a clear Shortly thereafter, we debated the dren. It seems to me that a Nation that answer. I think giving a pure strait- question of bailing out airlines. In the prides itself on the value and invest- jacket for the United States Congress aftermath of September 11, we were ment of children and recognizes that in its arrogance to say not only do we told by the industry that they were in our children are our future, it seems to want the safest skies, of course we severe distress. Although it was not me that the House leadership is going should say that. But to say there is one sufficient time, we debated that ques- astray, that they cannot find minimal way and one way only and that is by tion on the floor of the House and pro- time in all of the time for suspensions making them Federal employees is vided the airline industry with approxi- and other initiatives, to be able to simply wrong. mately $15 billion. bring to the floor of the House a resolu- The head of airport security in Bel- I believe in providing an opportunity tion that acknowledges to America we gium, who is the head of a European for these airlines to survive. This care about our children.

VerDate 13-OCT-2001 05:21 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.112 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7407 This evening I am going to discuss The tragedies of September 11, 2001, cerns of the Calderon family? What the plight of these children and wonder left thousands of victims from all kind of Nation are we if we cannot why this House leadership in conjunc- around the world experiencing the dev- eliminate the bureaucratic red tape tion with the many Members who have astation of the loss of a loved one. and help assist those many families? I signed H. Con. Res. 228, have not been Those of us who have gone to Ground am delighted to yield to such a fighter able to bring this legislation to the Zero, still seeing the seeping smoke, for children, the distinguished gentle- floor. Let me read simply what it says: smelling the stench but most of all see- woman from California (Ms. expressing the sense of Congress that ing the sense of loss, those of us who MILLENDER-MCDONALD). the children who lost one or both par- have seen the wall of honor, who have Ms. MILLENDER-McDONALD. I ents or a guardian on September 11, looked at those families, knowing they thank the gentlewoman from Texas for 2001, World Trade Center and Pentagon have come from places around the her leadership on this issue, an issue tragedies, including the aircraft crash world and certainly those here in the that she has garnered as the chair of in Somerset County, Pennsylvania, United States, we realize that the the Congressional Issues on Children, should be provided with all necessary words that the mayor of New York said especially the critical role addressing assistance, services and benefits, and are so close to our heart. Indeed, these children and mental health. I am here urging the heads of Federal agencies attacks against all people and against to join her tonight in her efforts to try responsible for providing such assist- all humanity are more than any of us and push through H. Con. Res. 228 as it ance, services and benefits, to give the can bear. relates to our children, and especially highest priority to providing such as- What do you think the children are the children who have been left sistance, services and benefits to those experiencing today? What about the parentless with either losing one or children. quagmire of red tape and bureaucracy two parents. It is a simple proposition. It simply as it relates to a variety of benefits I am really touched and heartened by acknowledges in the law that if a child that would provide them with assist- the New York Times article today, ‘‘A lost one parent or two parents, either ance? This legislation simply wants to Nation Challenged.’’ Indeed, these are through the tragedies of those air- help the children. Specifically what it challenging times for all of us, given planes or anyone lost on the ground, does is it works to provide them with the events and the tragedy of Sep- that you would be prioritized for bene- the needed foster care assistance, adop- tember 11, but none that is more chal- fits that the Federal Government tion assistance, medical, nutritional lenging than that of the children who might assist you in securing. Is it a and psychological care, such additional have been left to try to carry on with handout legislation? No, it is not. Is it care or services as may be necessary. It either one parent or no parents left legislation that throws aside other seeks to help thousands of families like after this tragedy. I was reading about needy children, children who have been the Calderon family. this young man, his name is Aidan abused, suffering from child abuse and Let me talk a little bit about these Fontana, age 5, who lost his father in other forms of abuse, sexual abuse? Ab- tragedies. Let us just talk about these that tragic fire in New York. His father solutely not. victims. Passengers and crew of Flight was a firefighter. This article con- It takes the bully pulpit of the 77, Flight 11, Flight 93 and Flight 175, tinues to talk about the trappings of a United States of America and acknowl- civilians and military at the Pentagon, funeral when his mother finally gave in edges this family. Acknowledges Mr. thousands of civilians and rescue work- to the notion that the husband would Calderon and the loss of his wife, Lizzie ers killed or injured at the World Trade not be returning and she had the fu- Martinez Calderon. Mr. Calderon is a Center, all of them, or many of them, neral just the other day. It states here bus driver in New York. Immediately left children behind. The children are that when this young boy, age 5, Aidan, after he finally concluded that Lizzie what we are speaking about this looked out the window and saw the was not coming home any more, he re- evening. Let us begin to talk about the spectacle of a thousand firefighters sa- alized he was a single parent, like numbers. luting him, he said to his mama, many other parents in the United One of the concerns that this legisla- ‘‘Mommy, I’ll remember this day for States of America, but with a connec- tion would be able to address, this the rest of my life.’’ The mother said, tion to a horrific day, a situation sense of Congress, is to find out how ‘‘Good, that’s why we did it.’’ She was where he could not tell his children many of our children are lost, esti- trying to bring some closure. But, yet, where their mommy had gone. Little mates of children impacted. The esti- in the aftermath of this, the article Naomi, 4 years old, and his baby son, 20 mates vary greatly. The reason is be- goes on to say that he throws tantrums months old. cause we have not had a Federal pres- when it is time for bed, something he They were here in Washington with ence to assist the local and State gov- has never done before. That is where me because I felt it was important to ernments with being able to assess the the whole notion of H. Con. Res. 228 bring this family here to show to the number of children. Based on news comes into play, when it addresses the Congress that he is but one example of sources, we understand there might be needs of these children. It talks about the thousands and thousands of chil- 10,000 children lost. Based upon a re- the foster care assistance. It speaks to dren who have lost a parent or both port in the New York Times, 15,000. We adoption assistance. There are so many parents. Children who waved good-bye do know that 4,000 qualify as orphans children, 15,000, as the Congresswoman early morning on September 11, 2001, under the Twin Towers Orphan Fund. out of Texas has so eloquently put on children who were left at baby-sitters One thousand five hundred children left the floor. We are talking about medical and day-care centers and schools, and by the 700 missing Cantor Fitzgerald care, nutrition and psychological care, parents never came home to see them. employees alone. This is a tragedy. It educational services. Such additional This resolution is simple. It simply is a tragedy that we must address. care or services are necessary in light says we need to get a handle on the Four thousand orphans, between 10 and of this tragedy. I am so pleased that children who have lost parents and who 15,000 children. H. Con. Res. 228 can the Congresswoman has seen the need have lost a single parent, and we sim- help us solve that problem. to bring such a critical and important ply need to help them. I am delighted that I see on the floor piece of legislation to this floor, not one of my colleagues who was an origi- just because of the Women’s Caucus b 2130 nal cosponsor of this legislation, the but that is indeed an element by which This does not have anything to do cochair of the Women’s Caucus, a she has brought this resolution to us, with children who are in the system, strong and eloquent voice for the and we have all embraced it, but it is who are being taken care of, who are rights of women and children who real- because of this House speaking to and suffering from abuse. I have heard that izes that this number, which will con- addressing this very Nation’s tragedy, excuse as to why this legislation is not tinue to grow, cannot be left unat- this challenge that parents now have moving. But I simply want to point to tended. What kind of Nation are we if before them, a Nation that has been this family, and I will point to them we cannot even attend to the needs of challenged to try to address the needs time and time again about this great these children? What kind of Nation of these children. And so as she spoke loss that this family has experienced. are we if we cannot address the con- about the 4,000 qualified orphans under

VerDate 13-OCT-2001 05:45 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.113 pfrm01 PsN: H30PT1 H7408 CONGRESSIONAL RECORD — HOUSE October 30, 2001 the Twin Towers Orphan Fund, when cause I know that she is a parent. I evening, and I appreciate very much you talk about the different children know that in her legislative leadership her leadership on this issue. The gen- missing at the Cantor Fitzgerald em- in the State of California, certainly she tlewoman highlighted some very im- ployees alone, some 1,500, I say to her, was very active on education issues. portant issues and particularly talking keep bearing, keep pushing on. This We are told frequently in dealing with about the little 5-year old. What a legislation is critically needed. We teachers, in dealing with the school sense of maturity for a 5-year old to know that the children of our Nation system, there is some latent impact, if say he will never forget this day and are suffering in many ways and in need you will, on children who have gone then to hear that he experiences these of mental health, but this is another through trauma. So we do not know traumatic events at night, these kinds group that has been added to those how many months, years down the road of episodes that he is experiencing. numbers that indeed need the mental we will be experiencing some of the im- None of us are psychologists but we health assistance, the psychological as- pact of this particular incident through can imagine that he is going through sistance and the nurturing assistance these children, as indicated by these something so tumultuous that he can- of all of us here in Congress. findings. But what I want to say to the not explain it. I urge my colleagues to join with me gentlewoman and I would like to yield In fact, the National Mental Health and all of the others who are original to her for her response, the difference, Association has highlighted that very cosigners of H. Con. Res. 228 that I think, that will befall these children point. speaks to, addresses, listens to and slightly different from certainly the War-related violence of the Bosnian helps in the assistance of the children other sad stories of children who have war paralleled attacks of September 11, who have been befallen by the death of lost their parents, this is being re- 2001. Again, violence, war-related vio- one or two parents. I thank the gentle- peated over and over and over again. lence on our soil. Years after the war, teens, from the woman so much for yielding. This is going to be the discussion of Bosnian war of course, still experience Ms. JACKSON-LEE of Texas. Mr. Americans over and over and over chronic depression, post-traumatic Speaker, I want to applaud the gentle- again. Just yesterday, we were put on a stress disorder and grief. woman for putting a visual face on this high alert. We are living this. And so young boy through the article of the Children’s normal grievance process these children cannot put it to rest. interrupted. That, of course, is the New York Times to really translate to They cannot get past this. They cannot this House what this legislation does. process that we are talking about. We heal. It is important for the Federal cannot bring closure if in the instances What this legislation helps us do, first Government to take a public stand of of all, is to have a debate about chil- of many of these children the loved being concerned about these children. one’s remains were not found. I men- dren, how the children were impacted Ms. MILLENDER-McDONALD. I am on September 11, but then it moves to tioned the loss of 700 employees from reminded of the fact that when we both Cantor Fitzgerald. I know this is tragic the next step, which says this is going went to New York to Ground Zero, that to be a long journey. Remember, the to say. Someone may be listening and the very able Mayor Giuliani said that so I do not want to emphasize it, but President said the war is going to be a they see 20 funerals a day. Just think long journey. But the pain and the hurt they were at a very high height, and so of the 20 funerals a day that our chil- many of these families have not had that will be impacting these survivors, dren see on television or even being the ability to grieve, and those fami- and then these children, is going to be talked about by friends who were lies include children who have not had a long journey. The gentlewoman just friends to their father or mother whose the ability to grieve. highlighted what has been quiet, what life was lost. Yes, in education, as a In addition, as we said earlier, this has been hidden, what these now single former teacher, I have seen children goes over and over again. If New York parents and certainly as I indicated who have gone through different trau- is showing 20 funerals a day, if the earlier, we know children across the mas. You would think that they have media is recounting these episodes, if Nation have suffered the loss of a par- walked through and there has been we are still talking about finding ter- ent. We know children across the Na- some finality to it. But in a month or rorists, all of this reminds the children tion need foster care and need adop- 2 months or even a year, it all comes of the fact that this incident occurred tion. But we have never experienced back and they are back into the throes but that they lost their parent. this in our entire lifetime. of a very imbalanced, they are just ab- I am told that in the State of New Ms. MILLENDER-McDONALD. If I solutely frustrated, confused, they cry. Jersey in one city 25 dads were lost in might say to the gentlewoman, this is They do those things that get atten- that one community. If that is accu- absolutely true. Many kids have lost tion because they do not know what rate, can you imagine the need for an their parents at an early age, some to else to do given the hurt that they are emphasis of care there? illness and other catastrophic events. bearing, that they are feeling because This resolution does two things. One, But this event has taken us not only by of the death of a parent. Just to think it allows the Federal Government to surprise, it has knocked us off our feet. of these children who just in a matter speak in one voice about the children. Yet we have so many children who of 30 minutes with the catastrophic Secondarily, it gives comfort and en- have been knocked off their feet, off thing that happened to the Twin Tow- couragement to State jurisdictions and their pedestal, if you will, of having a ers, their parent, one of their parents’ local jurisdictions to formulate their father to come home at night and tuck or both of their parents’ lives were own special task force that can assist them into bed, of having a mother who taken. And so I challenge all of us to the spiritual community, social service is a flight attendant to come in after talk about and to get to the crux of the community in finding these families having circled the globe, if you will, problem of how we are going to deal and guiding them through the process. from one end of this country to the with these children who have lost their These families may not all need a other and then back home. We can parent or parents, and who are now welfare assistance. They may need the think of the flight attendants whose challenged with trying to continue on Social Security death benefit. They husbands have talked about the loss of in their little lives with this type of may need educational benefits, but their wives. Yet they talk about now traumatic mental and psychological they may not need the ongoing welfare having to be the parent for the chil- issue before them. I challenge every system. I do not want anyone to think dren. I say to the gentlewoman, this one of the Members of this House to let that all the families are alike, but I debate must be taken on this floor, be- us pass H.Con.Res. 228, let us debate can assure you they may need the so- cause we must continue to raise the upon it, and let us begin to start ad- cial services and to have the social bar on the importance of attention to dressing the needs of our children. service community focus upon their these children who lost their parent or needs. parents on September 11. b 2145 How many times I have spoken to Ms. JACKSON-LEE of Texas. I thank Ms. JACKSON-LEE of Texas. Mr. parents who have gone through this the gentlewoman. She is so absolutely Speaker, I thank the gentlewoman traumatic event and they are just right. The issue before us is long range. from California (Ms. MILLENDER- going through normal events, and they I would just simply refer to her, be- MCDONALD) for joining me this need the social service system.

VerDate 13-OCT-2001 05:45 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.116 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7409 I would be happy to yield to the gen- because we have not accounted for the What we are suggesting is we want tlewoman from California (Ms. passengers who lived in different loca- these children to be out of the quag- MILLENDER-MCDONALD). tions other than these places, and that mire of bureaucracy. We want their Ms. MILLENDER-MCDONALD. Mr. is the concern that I have, have we needs to be addressed quickly and care- Speaker, when the gentlewoman talked reached out to all these. fully. We would like these supporters, about this legislation and the need for So I look forward to us maybe col- if single parent or relative or friends, the local and State to integrate their laborating so that this House can un- who have these children right now, to coordination of services to address the derstand better. be able to get in the social service sys- needs of these children and families, I Let me again reemphasize to the tem in the right way so that the stress am reminded of the fact that we will House what we are speaking about as it is not overly emphasized. soon have the aviation security bill on relates to this legislation. It is very important that this Con- the floor. The one thing that we have Foster care assistance. There may be gress again speak to this issue. We had, talked about with that bill, with the a need if a single parent is the sole as I indicated earlier, the Congres- anti-terrorism bill and all of the bills bread winner now that foster care be sional Children’s Caucus, a briefing on that have come since the tragic events temporarily in place, because that par- October 12, 2001, on the basis of moving of September 11, we have talked about ent is not willing nor desirous of giving this legislation forward. We had a the local and the States services get- up that child. He or she loves the child briefing that would help to move the ting together, public health, other but because of the tumultuous experi- Congress’ mind toward making sure health, mental health, psychological ences that both have gone through in our children are taken care of. Cindy Freidmutter, Executive Direc- health services, getting together in a losing another parent they need tem- tor of the Evan B. Donaldson Adoption coordinated effort to address the needs porary assistance. We need to ensure Institute in New York, spoke to the that is addressed in the various pieces that that is prioritized and those chil- very issue of how to take care of these of legislation I have just mentioned. dren are in the system in an expedited It is so timely now for us to bring process. children. She noted that after Sep- tember 11 the Adoption Institute pro- about the same type of coordinating of In addition to the foster care that posed the permanency project to mini- services that addresses the needs of our they might be given, that because of mize further trauma and uncertainty children. It is really I think uncon- these unknowns, that the foster care in lives of children who lost one or scionable for us not to have the chil- parent, family that they select has the special resources and support to help both parents in the attack. dren as part of this whole package of This project is needed due to the un- that child go through trauma while legislation that we speak to with ref- certain future faced by children who they are separated from their parent. erence to healing, trying to bring clo- have lost their parent, parents or Adoption. I indicated that there were sure, trying to bring some sense of car- guardian. For many of these children, children who lost two parents, remain- ing and some sense of assistance to the extended family members become deci- ing at day care centers, remaining at myriad of needs out there, given the sion makers and permanent care givers baby-sitters, remaining at schools. September 11, but our children, the for these children. Some children, how- Some of them are in homes of rel- most important investment that we ever, may not have a relative or a atives, but that may not be the final have, the future of this country, we friend to assume parental responsi- place for them. It may not be a place cannot tarry any longer from address- bility and eventually enter the public where they can continue to live. We ap- ing those needs that are outlined in welfare system. Other children find preciate families and friends that have this legislation. themselves moved from place to place So, again, I thank the gentlewoman taken in these children, but this may and relative to relative. not be the final place where they are so much for her leadership on this and We need to embrace such programs in able to be maintained. for bringing this to us, letting us now order to be able to step in and provide Medical, nutritional and psycho- include in that final piece of that puz- the social service embrace that these logical care. There is no doubt this par- zle our children, the need to address children need. This resolution will help ticular list points to teenagers, but we their psychological and other needs the Department of HHS, Health and just heard a story about a 5-year-old given the tragic events of September Human Services, begin to interface who is experiencing temper tantrums. 11. with organizations like the one rep- Mr. Speaker, I will yield back. You just met Naomi, who is four and resented by Cindy Freidmutter dealing Ms. JACKSON-LEE of Texas. Mr. her younger brother, 20 months old, with adoption and establishing a per- Speaker, as I indicated, I thank the who are continuously asking even in manency project. gentlewoman for her leadership. I my presence where their mommy was, It is important that as adoption is think the working relationship be- calling out mommy’s name. looked at for these children that in- tween the Congressional Children’s How do you work with children un- cluded in the determination are new Caucus and the Women’s Caucus has less the Congress, in collaboration with parents who can address the question been a steady and ongoing friendship, local governments, begins to ask the of trauma. Again, I repeat the point, and I look forward to us maybe col- questions are there sufficient services these children will be living through laborating on hearings, briefings that like foster care assistance, adoption as- this day after day after day, month would bring families like Mr. Calderon, sistance, medical nutritional and psy- after month after month because we who I have had the pleasure of seeing chological care and educational serv- are living through this as we speak. and giving him encouragement, but ices? These children are going to be in Terrorists are here with us as we maybe some more of these families can our school systems all over the coun- have come to understand. The Depart- come and brief us and inform us as to try. They are going to be in classes ment of Justice and the Attorney Gen- what other services this whole commu- from preschool to kindergarten, to pri- eral just yesterday announced that we nity may need. mary and middle school. They are are on high alert. These children will Again, it is New York. It is right here going to be in high school and they are be engaged in that. Their classmates in Washington, D.C. I think we recall going to be looking to teachers and will be talking about it, asking them the fact that even children were lost on school guidance counselors and others. about their mommies and their dad- the planes, and I know that their par- How can we help them if we do not dies, have they come home yet, and be- ents are suffering. have a sense of their need? cause of that, this legislation is need- We are speaking about children but I Additionally, we urge such agencies ed. We need to ensure that this legisla- am reminded of the story of the little to maximize to the extent possible to tion asks those agencies to be able to boy here from Washington, students, I take such steps to ensure that such as- move quickly. guess there were more than one, going sistance, services and benefits are pro- Medical and nutritional services. out for a special program out in Cali- vided within 60 days of the date of the Without a parent or guardian to pro- fornia who lost their lives, but there determination of the death of the vide regular medical and nutritional are going to be a lot of children here, child’s parent or guardian. That is a services, children face worsening situa- New York, Somerset and other places big step in this legislation. tions.

VerDate 13-OCT-2001 05:45 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.118 pfrm01 PsN: H30PT1 H7410 CONGRESSIONAL RECORD — HOUSE October 30, 2001 b 2200 new school systems, new schools, and presents to the American people on That speaks particularly to those they will be there lonely and by them- ways to safeguard this Nation. There who may have stepped in now to help selves without the support assistance. are other issues that we will be ad- these children. As they have stepped in Why? Because we have failed to estab- dressing in the future, but it deals with to help these children, they need sup- lish the Federal Government’s caring the military and the health and public port. The medical care covers the psy- about these children in order to en- health system. It also deals with the chological care, and we do not know courage local governments, wherever military, as I said earlier, but also se- whether or not these children will face these children may find themselves, in curing our borders. It deals with intel- medical problems because of the stress. whatever States they may find them- ligence. But here we have an initiative We do not know what the impact on selves, to encourage these local govern- that can be delivered to the children, little bodies and little minds will be, so ments to be looking out for children benefits currently available under Fed- it is important that we provide that who are the victims, if you will, of Sep- eral law. It also urges such agencies, kind of care. tember 11, 2001, by the enormous loss existing agencies to maximize the ex- According to the National Mental that they have experienced. tent possible to take steps to ensure Health Association, children who expe- So educational services are very, such assistance, services and benefits rience such trauma are at extreme risk very important. One of the most impor- are provided within 60 days of the date of mental disorders, particularly in sit- tant factors in providing such stability of the determination of the death of a uations such as this, where ongoing immediately and in preventing further child’s parent or guardian. destabilization is maintaining the level trauma exists due to the loss of parents Does that seem too difficult, to be of education that existed prior to the or a guardian. For example, as I noted able to ensure that these children have loss of the parents, or guardian. This in the Bosnian war, we are able to tell a way of getting their benefits quickly? resolution would help encourage again, that those children still are impacted. As I indicated, the Homeland Security the Department of Education to begin But even today, with the mental health Task Force recognized in its work that to design certain kinds of services, to crisis that we have in this Nation, we we would need financial assistance, even do research to be able to deter- realize that less than the number of some $3 billion to begin the process of mine what these children will actually children that need access to mental securing this Nation. I am gratified need in these schools, whether or not health care get access to mental health that one of the focuses that they had what we already have would be the ap- care. In fact, that is one of our greatest was the whole idea of the public health propriate, if you will, kind of training tragedies in this Nation. We are not system to ensure that we had a public that the teachers should get and the able to provide those resources. We do health system that was connected appropriate kind of educational proc- not have them in the schools. We do throughout the Nation, rural areas and esses that these children can develop not have them in the communities. urban areas, and as we look to ensure and flourish in. That is why I have authored H.R. 75, that public health system, it would Give a Kid a Chance mental health om- How important it is to insist that the likely include access to mental health nibus bill, to provide more community children have as normal a life as pos- services. All of that certainly is some- mental health centers in our Nation. sible. That is what we are trying to get thing that we will look to the future to But we do know that less than three- with H. Con. Res. 228. We are trying to do. It is a very excellent road map, quarters of the children who need such get the Federal Government to put its guide for legislative initiatives, but care in America do not get the care. We official concern behind this terrible can we not, before we even begin that have seen that during the months and loss. When we have debated everything long journey to ensure the safety of years that we experienced enormous, else, the economics, the war, we have this Nation, again, go back to assisting terrible incidences of children using debated supporting and encouraging our children. I am unaware of why this guns. Many of those children needed and applauding and certainly offering is such a difficult proposition, to be mental health services. So here we our sympathy to those first responders able to get the heads of Federal agen- have a situation where a child is not who lost their lives, to those public cies to be concerned about these vital themselves doing violent acts, but vio- safety officers who lost their lives, and needs. I raise them again. The Calderon lent acts have been perpetrated on I am gratified to have joined in that family needs to have foster care assist- them by the violent loss of their par- legislation, then do we not think it is ance if that is what the family believes ents. time that we recognize the thousands they may need to utilize. I applaud Mr. I do not know how we can stay in of children, 10,000, 15,000, orphans al- Calderon at this point because he is this House and provide the assistance ready declared eligible as orphans taking care of his family. But he is an that the President asked for, fighting under the Twin Towers Orphan Fund. example of the needs of families. There terrorists, which we all do support; I do Now we need to ensure that this is not are families that may need adoption not know how we can debate airlines, short-lived, but, in fact, we have it in assistance, medical, nutritional and which we all do support, the airlines an ongoing time frame. It is very im- psychological care, educational serv- being bailed out, and we can now de- portant to insist upon the children ices and such additional care or serv- bate the security for the airlines; we being considered important. ices as may be necessary in light of all support that. My many friends who Again, I would like to point out why this tragedy. are on the airlines working, stewards that is the case and why this resolution and stewardesses, I am very supportive should be passed and what it does. It is Let me speak to number 5. What we of them getting this assistance. We very simple. It urges the heads of Fed- want to happen there, of course, is we want the airline industry to remain eral agencies to give the highest pos- want these communities to be able to strong, to get stronger, and to be part sible priority to those children. It is assess what new these children need. of this economy. But can we not have a noncontroversial. It merely prioritizes This is new for all of us. We have never debate and pass H. Con. Res. 228 to help the delivery of Federal benefits cur- had war on our soil. And this is, in es- the children of this Nation and the rently available under Federal law. sence, like war. We do not know what children that have experienced this ter- When can we pass legislation in this additional services these children may rible, traumatic event. House where we are not going into need, what kind of school services they We need as well the educational serv- funds that we really do not have. Some may need, whether or not they may ices that this legislation focuses on. members of the Homeland Security need to have some sort of break in Clearly, children displaced from their Task Force, led ably by the gentleman their educational career, if you will, homes, communities and families must from New Jersey (Mr. MENENDEZ), and and put in another system to help be stabilized as soon as possible before I had the pleasure of working with so them get through the trauma. Again, further damage is done. The point many Members, we realized that to se- we reemphasize the point that these being made is that many of these chil- cure this Nation, to secure it with the children will live through this trauma dren may be moved from where they right approach, which I believe the over and over again. lived in order to stay with relatives Homeland Security Report issued last Let me share with my colleagues and friends. They will be going into week by the Task Force excellently some of the letters from organizations

VerDate 13-OCT-2001 05:45 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.121 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7411 that I have an enormous amount of re- move forward on the benefits that I would like to add to my concerns spect for, with long histories in fight- these children may need. the fact that this House has not ing for children’s issues. Save the Chil- The National Association of School brought forth legislation that I have dren wrote, ‘‘We endorse the purpose of Psychologists likewise are supporting cosponsored, and many others, the the resolution, which is to express the H. Con. Res. 228 and they are writing Gephardt legislation on the help and desire of Congress to provide imme- on behalf of the National Association assistance for laid-off workers. The diate relief to the children who suf- of School Psychologists. ‘‘I am writing headline in USA Today: ‘‘Tough Times fered the irreplaceable loss of parents to lend our full support for H. Con. Res. for Laid-Off Low-Income Workers.’’ or guardians due to the September 11, 228.’’ If there was ever a group that has ‘‘After attacks, the jobless rate 2001 tragedies. On behalf of Save the dealt with children and their needs, climbs and assistance is harder to come Children, I am writing to lend our sup- they represent over 22,000 school psy- by for America’s working poor.’’ This port for H. Con. Res. 228 which you in- chologists who work with families and is a long article that indicates that troduced in the House of Representa- educators to promote youngsters’ Congress has yet not finished its job. tives on September 14, 2001.’’ This is healthy development and learning. That is what I would say about what from Kathleen Connolly, Director of This organization strongly supports we owe families like the Calderons, Public Policy and Advocacy. ‘‘Save the public policy that meet the mental who lost Lizzie Martinez Calderon, Children applauds your efforts and rec- health needs of all Americans and par- their mother. And there their dad is ognizes the immediate needs of the ticularly those of children and youth. taking care of these two wonderful and children who suffered such a great loss We have already spoken to youth about beautiful children, children who I know as a result of this tragedy. We see this the potential of the losses that these will be loved so much by him and his as an essential first step and hope that children will experience, the potential family, though he indicated that he is we can continue to build upon this ini- psychological impact that they will here without many of his relatives. tiative to meet the long term needs of have, and that they may need a great They need our help. children everywhere who have been af- emphasis on psychological services H. Con. Res. 228 is a legislative initia- fected by these tragedies and potential right here. tive that needs to be passed, and these future events.’’ We have already heard about the Na- laid-off workers need our help, as well. Child Welfare League of America, on tional Mental Health Association has Can this Congress only talk about nuts behalf of the Child Welfare League of already said to us that out of the Bos- and bolts and not talk about the America: ‘‘I am writing to lend our nian war, we saw teenagers who had human loss, the sense and the depth of support for H. Con. Res. 228 which was long term post traumatic experiences the feeling that these families are hav- introduced in the House on September and stress that had to be addressed. I ing, having to take care of these pre- 14. We endorse the purpose of this time- do not see how we can even expect not cious children without any assistance? ly resolution, which is to express the to see these kinds of impacts on the Can we not encourage task forces desire of Congress, which is to provide children who lost their parents in that where necessary, in areas where this immediate relief to these children. We terrible tragedy. impact is felt, that they begin to orga- urge all Members of Congress to join nize around assisting and providing for 2215 you and the resolution’s cosponsors in b these children, making sure that the supporting this legislation.’’ This is I hope that all of them will be made red tape, administrative red tape, the from Shay Bilchik, their executive di- whole, and that they will again see joy statutory red tape is not inhibiting or rector. in America and joy in their lives. I prohibiting the care and nurturing of Orphan Foundation of America, on know there are loving relatives who these precious babies? behalf of the Orphan Foundation of will be reaching out to take care of House Concurrent Resolution 228 is a America: ‘‘I am writing to lend our full them, many of them. But in instances simple proposition. It is a sense of Con- support for H. Con. Res. 228, which was where they will need foster care or gress. It is a statement to the Amer- introduced on September 14,’’ and they adoption assistance or psychological ican people. It is a statement to those too want the Members of Congress to care or different kinds of educational States where there is an impact from pass this. care, can this Congress not step up to the tragedy of September 11, where Children’s National Medical Center the plate? there were so many dads possibly lost has also sent its support on behalf of The American Academy of Child and in one city, where 4,000 orphans were their organization to support H. Con. Adolescent Psychiatry likewise is of- possibly created at the Twin Towers, Res. 228, as ‘‘This resolution recognizes fering their support: ‘‘On behalf of the where there are guesstimates of be- it is vital to prioritize the delivery of Academy of Child and Adolescent Psy- tween 10,000 and 15,000 children who benefits and services already available chiatry, I offer our full support for H. have lost a parent, guardian, or par- under Federal law to children who have Con. Res. 228. The resolution recognizes ents. incurred these great losses in the that the delivery of crucial services And yet on the floor of the House World Trade Center, Pentagon, and and benefits is sometimes delayed.’’ since September 11 we have not dedi- Somerset County, Pennsylvania, and Again, we emphasize that all Mem- cated one moment to talk about our other places. Importantly, the resolu- bers of Congress should support this children and to pass legislation for tion recognizes that the delivery of legislation. I thank Clarice J. these children, to encourage our Fed- crucial services and benefits is some- Kestenbaum, M.D., president of this or- eral agencies, from the Department of times delayed due to statutory or ad- ganization, for supporting this legisla- Education to Health and Human Serv- ministrative delay, often leaving those tion. ices to many, many others, to be able in need waiting for relief. It is essential This is crucial. Why we are delaying to talk about these children. that the children who suffered such a in the passage of this I cannot under- Health and Human Services has a great loss as a result of this tragedy stand. I am gratified for the interest of whole department dealing with mental not suffer again because of delayed ac- the Senate, the other body, in its re- health issues. I believe they should be cess to needed services and benefits.’’ view of this legislation, and I do be- front and center in determining how we Let me emphasize this point. This is lieve that we will have the opportunity can help these children. a very important point. Benefits are to see this legislation passed. Mr. Speaker, as I close, let me simply sometimes delayed due to statutory or I would hope that we will spend the say that I believe it is the obligation of administrative delay. This is why this next couple of days and weeks debating this House to take some time to care resolution is needed. It gives, if you issues that will help the people who about our babies and about our chil- will, impetus to the engine of govern- lost their loved ones; that we will dren. These children who have lost ment to untangle the administrative spend time trying to help those who their parents, these children need our red tape, untangle the statutory red have been impacted even beyond the help, and we need to move H. Con. Res. tape, not to violate the law, but to terrible violence of September 11, 2001. 228 in order to help our children.

VerDate 13-OCT-2001 05:21 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.122 pfrm01 PsN: H30PT1 H7412 CONGRESSIONAL RECORD — HOUSE October 30, 2001 ON THE PASSING OF THE HON. represent my colleagues who cannot land security for this Nation, to hope- JERRY SOLOMON, CHARLIE DAN- attend that. So our warm wishes and fully prevent another terrorist act, IELS, THE AIRLINE BAILOUT warm regards to the family of a very why all of a sudden should profiling BILL, PROFILING, AMERICA’S remarkable man who we all had the then become politically incorrect? It BORDERS, AND BEING POLITI- privilege of serving with in the House makes no sense. I want to go into that CALLY CORRECT of Representatives. in a little more detail. The SPEAKER pro tempore (Mr. Also tonight on Hannity and Colmes, I want to talk about our borders. PUTNAM). Under the Speaker’s an- the TV show on Fox Network, I saw Clearly we have a problem on our bor- nounced policy of January 3, 2001, the Charlie Daniels, the country western ders. We have 500 million crossings, 500 gentleman from Colorado (Mr. singer. I can tell the Members, he was million crossings every year on our MCINNIS) is recognized for 60 minutes. talking about this newest song where borders. Maybe we ought to consider a Mr. MCINNIS. Mr. Speaker, I will he talks about the flag, and the pride dramatic tightening of those borders start out by saying I take issue with in the flag. until we can get control of those bor- the comment the gentlewoman made Charlie Daniels represents, in my ders. that it is about time this House paid opinion, a lot of people in this country. Some people said it is impossible to attention to some of the needs of the There are a lot of blue-collar workers track those kinds of numbers. If we people out here. What does the gentle- out there. He is their hero. He is their have a huge amount of numbers cross- woman think the House is doing? Ev- singer. ing the border and it overwhelms the erybody in the House, Republican or I just wanted to say I hope Members operation of tracking, the only obvious Democrat, cares about the horrible get an opportunity, if they ever see thing, if we cannot upgrade that oper- losses that occurred in New York City, him, tell him to stick to his guns, by ation quickly, and obviously we cannot that occurred in the Pentagon, the eco- gosh, because he is right. What happens do that, we need to downgrade the nomic losses across the country. is there is so much of this politically amount of volume coming in. It is a I think it is wrong for any of my col- correct garbage going on out there: Oh, pretty easy decision to make. I want to leagues to stand up here and imply my gosh, look at this song, it is not po- go into more depth on that. that one side or the other is not taking litically correct because it may offend I want to talk a little more, again, the time to care about the people of some group out there. coming back to this politically correct this Nation. I believe every Republican We need to move a little further thing and the challenges that we face and every Democratic Congressman, away from political correctness and get in this war that we are engaged in. and I do not agree with all of them, but back to realism. Charlie Daniels rep- We cannot fight a war being politi- I can tell the Members that all in one resents the views of a lot of people in cally correct. We cannot be a nice guy way or another are committed to mov- this country. And how interesting, peo- in a war. In a war, the nice guy always ing this country forward in some type ple who jump up and yell about his loses. The nice guy never wins in a war. of positive fashion. song, and they object to his song be- We have to be in the war, we have to be Since the tragedy of September 11, I cause at some point, through some in there tough, we have to be tena- have not come across any Congressman type of interpretation, it might offend cious, we have to strike horribly that does not care about the children somebody, and therefore Charlie Dan- against our enemy. We have to hit our or the people who have been hurt by iels’ song should not be allowed at enemy so hard they swear they would the consequences of that horrible, hor- some concert, those are the very same never want to see us again, never want rible tragedy. So I think it is impor- people that demand freedom of speech to ever cross our path again. tant, and I think it is a responsibility when they come up with a controver- When we tiptoe through the tulips, of every one of my colleagues when sial issue. we are not made to go to war. This they stand up here and speak and we I just wanted to pass on to my col- country has a war, here. This is not address each other, that we acknowl- leagues, if they get a chance to listen some far-off imagination of ours, this edge at the very beginning that Repub- to Charlie Daniels in an interview, he is a war that struck us in our home- licans and Democrats care about the obviously holds his own. I want to send land. We have to strike a horrible blow needs of these people; and that while a commendation to that song. I think to those, I feel like calling them a hor- we may have debates, the fact that we it is a great song, and I think it rep- rible name, to those cancers, and I pro- have a debate should not signify that resents a lot of the views across this fessionalize myself here on the floor for some reason that means that people country. and will not violate the rule. That is do not care about the people who have Tonight, for the main context of my not what my gut says to call those peo- been hurt or impacted out there in any remarks, there are a number of dif- ple who brought across the ocean this kind of negative fashion. ferent things I want to talk about. horrible act against our country. So I do take exception with that First of all, I want to talk about the The fact is, they started this war. comment, and I hope the clarification airline bailout bill. I am going to go They are the ones responsible for cas- later resonates from some of my col- into some of the promises and some of ualties and consequential or collateral leagues. the thoughts that those of us who sup- damages that occur here. We do not Mr. Speaker, I would like to mention, ported that bail-out bill have. owe anybody any apologies. The United with due respect to my good colleague, I am not the kind of person, Members States of America did not start this Jerry Solomon, who passed away over can tell from my record, who is in- war. The United States of America did the weekend, Jerry was a remarkable clined for a government bail-out of any not dare somebody to come and destroy man. He was a Congressman from the type of industry, but I felt some con- the World Trade Center Towers, or State of New York, chairman of the victions about this, the need for the strike the Pentagon. Committee on Rules, and served 20 airline industry to stay afloat. Frank- The United States of America was years in the United States Congress. ly, I felt some sense of betrayal this the victim in this war, and now all of He had a lot of guts. He spoke very week by United Airlines, which has a a sudden even U.S. citizens, I begin to eloquently on the floor. He represented large location in Denver, Colorado. sense some are becoming apologetic, his interests, the interests of the State I want to visit a little about politically correct, saying we have the of New York, the interests of the profiling, the need for profiling, who Ramadan coming on, do not bomb dur- things that he believed in so strongly, uses profiling in our society, and why I ing their holy holiday. veterans affairs and business issues think profiling is an essential ingre- Do Members think those people that he was very well-versed in. He dient for law enforcement. Profiling is would not have set off a nuclear weap- used to be an insurance agent. dictated by common sense, and every on in this country on Christmas day? If His unexpected loss last week is a one of us in these chambers uses we think that, we are crazy. These peo- loss to this Nation. I want to send my profiling every day in our life. ple will do whatever is necessary. Re- deepest regards to his family. I hear his Why all of a sudden, when we talk member, most of the Muslims, by far, service is going to be tomorrow. I in- about using profiling to protect the se- the largest number of Muslims killed tend to attend that service, and will curity of this Nation, to provide home- so far in this engagement were killed

VerDate 13-OCT-2001 05:21 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.125 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7413 by the terrorists who struck the World would be well spent and that the air- it the United Airlines Bailout and then Trade Towers and killed 400 or 800, I lines would exercise their responsi- I move it over to Blowout after I saw forget the exact number, but it is in bility in the utilization of this kind of this morning what the United Airlines that range, of Muslims and people that money, and that the airlines would re- has done for their executive. practice the Islam faith. alize that they have a debt, not just to They added 6 years of service to his That is where those casualties came the stockholders as a corporation, but retirement. Now, this employee over from: They killed their own people. that they also have some responsibility here spent 30-some years, 30 years and These people, these terrorists and bin to this Nation, that they too have to some months with United. When this Laden preached that they are standing pitch in and be good neighbors. And a individual was given a choice, frankly, up for Islam, and as part apparently of lot of those airlines did it, Jet Blue, 72 hours they wanted people over a cer- their interpretation of Islam they can American, some of these others, they tain time to retire, they did not offer go at will, at their choosing, at their have come, and they have risen to that to this individual to say, hey, we will timing, and kill other people of the responsibility. move you from 30 years to 36 years. But faith. That is exactly what they did in What happened over at United Air- they did it with their chief executive New York City. That is exactly what lines? United Airlines has a chief exec- office. They went to Goodwin. Again, I they did at the Pentagon. utive officer which I think has run that want to stress how strongly I feel that Now people are saying we should han- airline into the ground. His name is Mr. Goodwin is where the buck stops. dle these people politically correctly? Goodwin. That is the individual who has brought We should tiptoe through the tulips for Well, Goodwin has been with United this company to the verge of bank- these people? I will get into that in Airlines for 34 years. That is a lot of ruptcy. more detail, too. I anticipate having a years of service. He has successfully What do they do? They have given full evening in this discussion with done more to bring an airline to the him 6 years added service. Although he these topics. Let us go back and let us verge of collapse than any airline exec- did not work the 6 years, they will add start with the airline bailout bill. utive I have known for a number of it to his 34 years of service so his re- The airline bailout bill was about $15 years. So over the weekend United Air- tirement treats him as if he had 40 billion. We face a situation which the lines decided because the capability of years with United Airlines. airlines in this country have never Mr. Goodwin to run United Airlines has Now, what does that mean? That faced in their history. No airline in the been severely diminished by his own means that his pension will be $500,000 history of airline aviation has suffered shortcomings, they decided they need- a year. That is his requirement; $500,000 two crashes, two crashes caused by an ed to pay the guy to leave. I want to a year for the rest of his life. What does act of terrorism that hit a domestic give you an idea. that figure out to be? target; two targets, two airplanes, two Some of the people who opposed the Well, remember, my ticket agent sets of terrorists, and a domestic tar- airline bailout bill said this money is over here that gets $65 a day for the get and thousands and thousands of just going to fatten the pockets of the rest of her life and this chief executive casualties. United Airlines and Amer- chief executive officers. I felt, come on, officer who almost runs the company ican Airlines both suffered that fate on give the airlines a break. Frankly, sev- into the ground will be making $1,400 a the same day, September 11. eral of airlines, including United Air- day. United Airlines agreed to pay him lines, froze the salaries of their execu- $1,400 a day every day for the rest of his 2230 b tives. And I think that is good will that life and his work is done with United. We all know the facts. We know what has been put forth by some of these air- He walked out the door. That is not all. happened there. It brought the airline lines. But while they froze the pay of Take a look: 611,450 stock options industry to their knees, but it almost some of these executives, look at what have been granted to this chief execu- brought them right on the verge of col- United Airlines just did today. tive officer. This is a company that my lapse. The United States Government By the way, I wanted to compare it. colleagues here, that the House of Rep- for the protection of its citizens or- This morning I talked with a United resentatives, the U.S. Senate, the dered that all airlines cease business employee in Denver, Colorado who had President of the United States has sent for several days. And the consequences been with the company for 30-some $15 billion to the airline industry and of that terrorist attack are obvious to years. Let us just call it 30 years. This asked them to exercise responsibility all of us. particular employee was at the desk. I in keeping their airlines above water Today I flew in on a plane in Denver, guess it is a ticket agent, an agent at and here is what they do: 611,450 stock Colorado. It was United Airlines plane, the desk for United Airlines. This par- options. a 737. My guess is it had the capacity to ticular person was a 30-year employee Now today those stock options are hold 120 passengers, I guess. We had 10 over here to my left on this poster. Her under water which means they have no or 12 passengers outside of the crew on retirement after spending 30 years with value. But these stock options are for that airplane. the airline is $2,000 per month which is 10 years. So if there is any bet at all, if The consequences of that act of Sep- approximately $65 a day. For the rest United recovers at all, imagine that tember 11 are devastating to the airline of her life she will receive approxi- every dollar of recovery that United industry. Now it has been devastating mately $65 a day. That is her retire- has, his profit goes up $611,000. Every to a lot of us and to a lot of economic ment after serving for United with 30- dollar that that United stock moves up factors in our society. But this society plus years. from this point through the next 10 of ours, this Nation of ours, the secu- Now, she did not run that airline into years, if it moves at all, he will make rity of this Nation, the business of this the ground. She did not help contribute in proportion $611,000 for every dollar Nation, the ability to move around in to the near demise of United Airlines. rise in that stock. this Nation is very, very dependent on Her service has been recognized Now on top of it, it is not enough an efficient airliner service. So it is to throughout by the company itself. Now that United agreed to pay him $1,400 the best interest of all of us that we ironically, her retirement falls within for every day for the rest of his life, keep the airlines, at least kept them two days of Mr. Goodwin’s termi- United felt apparently that Mr. Good- from the verge of collapse. nation. Her time, her service with the win who almost took their company Sure we ought to let the Adam Smith company of 30-some years falls very into bankruptcy, Mr. Goodwin was not philosophy of the market take place. I close to the same time and service with being treated well enough, so they de- am a big fan of Adam Smith. I think he the company that Mr. Goodwin’s does. cided to get him severance pay. What is is right. But there are appropriate Now let us take a look at what that severance pay? Well, we cannot times for the government to step in. I United Airlines, after receiving assist- get an exact number. We think just to believed when United Airlines talked ance from the Federal Government to get him to walk out the door, they and when the other airlines talked to help bail them out, take a look at what gave him $5 to $7 million. Here is your us, I believed, even though some of my that airline has just done to terminate check for $5 to $7 million, Mr. Goodwin. colleagues debated on the other side of their executive that has put their com- Thanks for almost destroying the the issue, I believed that this money pany on the verge of bankruptcy. I call country. By the way, here is your $65

VerDate 13-OCT-2001 05:21 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.126 pfrm01 PsN: H30PT1 H7414 CONGRESSIONAL RECORD — HOUSE October 30, 2001 check, ma’am, for being a ticket agent I think profiling is a pretty inter- b 2245 at one of our counters for 30 years with esting subject. Recently I have heard Take a look at that newspaper and United Airlines. politically correct shows and some of see what kind of profiling they do, But it does not stop there for Mr. my colleagues here on the floor, do not what kinds of marketing they do to fig- Goodwin. They continue to go on. dare reach out and profile people at the ure out where their advertisers are, Forty thousand more shares given to border. Do not profile people on the where their market is, who is going to him on termination. So they give him street. Profiling should have no place $5 million in severance. They say they buy their newspapers, who reads the in law enforcement. sports page. Any newspaper in this will pay him $1,400 a day every day for Yes, it is pretty ironic to hear that country will tell you very accurately the rest of his life, and then on top of kind of argument. Profiling is used at what percentage of their readers read it because maybe his feelings have been every stage of our life. Everywhere you their editorials, what percentage of hurt, the board throws in another 40,000 go. Everyone on this floor uses their readers read the sports section, shares at today’s values, another profiling. We use profiling in our own which is the most read page in the $700,000. That is not all. They decide campaigns. We go out to our district newspaper, what age segment reads the just to make sure that Mr. Goodwin’s and we have experts that come in, we sports section. They probably do not future is well cared for, he get his have polsters that come in and they have a lot of people 70 and above that membership at the country club. say, all right, in this age group, 18 to read the sports section. They may read Tell me when is the last time they 23, we know this percentage of these the social page. But they know be- ever bought a dinner at the country people are going to register and, of the tween about 12 and, say 35 that that is club for one of these employees, for one registered, these percentage of people their main focus in a newspaper. of the United Airline employees that are going to vote; and that percentage Newspapers profile. They have very was not in Mr. Goodwin’s office. So routinely is pretty low in your district. dramatic profiles. It is smart business. they agree to keep his membership in But over here that age group, 45 to 50, Of course they do it. No matter where the country club. They agree to pro- and they may be white male, they may we look in our society we see profiling. vide him with a company car. They be Hispanic, Irish, whatever it is, they Even sports teams, they profile. They agree to continue to provide his life in- tend to go along more with your issues. know who goes to their games, they surance. They have a much higher voter turn- Give me a break United Airlines. know who buys their tickets and who out. So we want you to target this age Where do you think your credibility is to appeal to. They know where to place group. Do not go after the age 18 to 21 when some of us stand up and we are their advertising. Even in recruiting because there is not a high enough per- willing to take the heat that contrary their athletes, they know which areas centage. to our philosophy and our support of They will tell you, go after the white are more likely to produce a better Adam Smith, we decide to go out on a male or the single parent or the head of athlete than other areas. They use this limb on your behalf and every other household or the person that brings the profiling extensively. airliners behalf to try to save the air- income in, the income earner. They are So, for God’s sake, why do we not use line industry as a result of the tragedy very targeted. They profile in our own profiling to protect the national secu- on September 11? This is what we are campaigns; and every one of my col- rity of this Nation? Why are some peo- beginning to find out. This is where leagues has been the beneficiary of this ple out there saying the politically cor- some of this money is going. kind of profiling. rect thing to do is, well, all in all we Where is your credibility, United? better not profile at our borders, we I was really disgusted, and that is a We use profiling with insurance. We know, for example, that if you have a better not stop somebody who is sus- strong word, but that is how I felt this picious just based on the fact that morning. It just was ironic that I hap- young man who is between the ages of say 16 and 23 that that individual is they, let’s say for example they are pened to run into that ticket agent Arab, come from the Islam faith and whose last day is tomorrow after 30 more likely to drink and drive, more likely to drive a car at a high speed come from a particular age bracket. years and to see she is going to be paid Listen, we know those statistics. We $65 a day for doing a good job for and much more likely to run a stop sign than somebody that is 45 to 50 can develop risk statistics from United Airlines, and then United Air- profiling. lines turns around to the individual years old. And as a result of that kind Now, obviously, I do not support, and who has almost turned that company, of profiling, we can determine where I do not know any of my colleagues on and I would not be surprised if that our higher risks are and we can adjust this floor, not one Democrat or one Re- company does go into bankruptcy, but for that in regards to the insurance publican, that supports profiling based to that individual who has almost driv- premiums that we charge. solely on race. That is discrimination. en that company into bankruptcy, they So we use it in our campaigns. We Nobody questions that. We ought to will pay him $1,400 a day, $5 million use it to determine insurance. We use have zero tolerance for that. In other check on the way out, maybe a $7 mil- it to determine risks. We use it in lion check on the way out, $700,000 for schools, our testing mechanisms. We words, we should not just go and say, stock shares they just gave him that test and we profile. We profile in our hey, that individual is Irish or that in- day. Go ahead. We will keep you in the school neighborhoods. We profile to see dividual is black so they must be a sus- country club. And, by the way, that car which particular segment of popu- pect. We only take that so far. I mean you are driving our there, we will pay lation, whether it is a white at certain if we have a bank robbery and the de- for the car, the gas, et cetera, et poverty level, whether it is black, scription, the profile, of the bank rob- cetera. whether it is mixture, whether it is ge- ber is a white male between 19 and 24, No wonder people feel there is some ographic location, et cetera, et cetera, why would we be in the black neighbor- sort of class division in the country. No we put a bunch of factors in there so we hood interviewing black people to see wonder people feel there is a little in- can determine which kind of education if they were the bank robber? Clearly, justice. No wonder Congressmen like will get the best results and be the at some point, we begin to profile. But myself end up biting their tongue and most benefit to that particular profile that is one of the factors. having second thoughts about this air- group. I do not want my colleagues or any- line bailout, and whether or not this So we use profiling for campaigns, we one to be drawn into signing a state- money is really going where it needs to use profiling for insurance, we use ment or acknowledging that, look, go, and that is to keep a healthy air- profiling in our educational institu- profiling has no place in a war against line industry from collapsing through tions. people that want to tear our guts out, the floor as a result of acts of the ter- Do not let the newspapers who run against people that killed thousands rorism against this country. these editorials, some of the liberal and thousands of people at the New Let me move on from my dismay newspapers in this Nation, who run edi- York World Trade Center, or over here with the way that United Airlines has torials about profiling and how bad at the Pentagon where they killed hun- handled this situation and talk about profiling is. Man, talk about hypo- dreds of people. We ought to use every profiling. critical. weapon we have against these people.

VerDate 13-OCT-2001 05:21 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.128 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7415 We ought to be prepared to use what- That is the kind of war we are en- efit? Absolutely. The answer is abso- ever method, whatever weapon, what- gaged in with these people. This is a lutely yes. And every law enforcement ever energies we have to win this bat- tough situation that we have. We have agency in this country ought to use tle. We cannot afford to be the nice guy to use the weapons and the tools that profiling as a tool for their assistance. here. Oh sure, war has kind of a param- are available to us. There is a vast Again, do not let people try to drag eter of what should be done, but the array of those, but the one I am focus- you into, well, you must mean race fact is that in that spectrum there is a ing on here is profiling. Again, let me profiling, or you are out to go and get lot of horrible things that happen in a reiterate that profiling based solely, the Irish or the African Americans. war. and the only reason to do it is to dis- That is not what we are talking about. I wish we could avoid this war. I do criminate, we do not tolerate. That is That is a nice side show, that is a nice not know anyone out there that wants not what I am talking about, and I do diversion, but that is not the focus to be engaged in the war we are in. I do not know anyone who supports that. here. The focus here is the security of not know anyone that chose to have us But let me just say that we had 19 hi- the United States of America. The get into the predicament that we are in jackers. Of those 19 hijackers, 19 of focus is what tool do we have that we today. Maybe there are some out there, them were Arab. Of those 19, they were can use, and that is why I feel so I hope not, but I do not know many all within a certain age range. Of that, strongly about standing up when we people out there that think we had this they were all male. All 19 were male. Of participate in discussions on profiling coming. This is a war that was brought that, they were all active in this fun- to tell the other side of it. Tell why it upon us. The United States did not damentalist Islam faith. Not represent- is important. strike out against anyone. Thank good- ative, by the way, of the general Islam Take a look in our society and have ness we are too great a Nation to do faith, but active in a fundamentalist, discussions about where we use that. We do not do those kinds of acts corrupted, perverted view of that. So profiling and the benefits of profiling, of terrorism. But when somebody we can begin to put a profile together because there are a lot of benefits of strikes at the United States, the kind and we ought to be looking at people profiling. We have huge benefits, par- of blow they dealt us on September 11, who fit in that category. If there are ticularly if we profile and one of these and we have felt every hour and every people that fit into that kind of cat- people shows up at our borders and minute and every day since September egory who attempt to cross the borders they fall within that risk category, and 11, we need to strike back with a hor- of the United States, we ought to pull we are able to stop an act of terrorism. rible, horrible swift sword. them aside and ask them some ques- We have plenty of evidence to do it. Now, there are a lot of people out tions. Obviously, we ought to detain By the way, most countries use there that are counting on the fact profiling. Regardless of how wide you that the United States of America them. Of course we should refuse them want to use it, a lot of countries are might be too timid to strike back and entrance into this country if they fit using racial profiling. They use what- that the United States of America just within certain risk factors. We would does not have the resolve to strike be crazy not to. ever profiling they darn well feel like Let me reiterate that this kind of hard, that there is going to be a little using. I am not saying we should stoop pretend bombing over here, hit a soft profiling is used in every stage of our to that, but I am saying that it has target there, and a soft target there life, even when we are born. What hap- proved to be an effective weapon. They stopped the bombing of, I think and declare a victory. Well, thank pens when a baby is born? They figure it was a Swedish airline about 15 years goodness we have an administration out how much the baby weighs, they that in my opinion is not going to go figure out what the race is, they figure ago. A lady walks up and she fits into by that playbook. This administration, out if the parents are married. They the category because she bought her in my opinion, George W. Bush, Che- send all this information in for statis- ticket with cash. Bing. One element of ney, Rumsfeld, Condoleezza Rice, these tical gathering. That is how we can de- the profile. She had no check-in bag- people, they understand we are engaged termine, for example, in parts of the gage. Bing. She is going here with no in a war. country, where we have a lot of unwed check-in baggage, and she was going We cannot stop a war for the holi- mothers. We profile unwed mothers. We transcontinental. So they asked her days. The Taliban would not stop for go in and say, why do we have so many where she was going. She said my des- us. The Taliban wants one thing: They unwed mothers. Why do we have such a tination is here. They said, we know want every man, woman and child in high level of teenage pregnancies. We that, you bought the ticket. How long the United States of America de- profile it. We go out and figure out, are you going to stay there? Oh, three stroyed. They do not want to save the okay, what can we do to alleviate teen- weeks. She has one little tiny bag, no children of the United States. They do age pregnancies like we have. We put it check-in bags. She falls within a cer- not want to avoid the loss of children. to a beneficial use. tain age that they know they have had They do not want to save Muslims in My premise here this evening is that problems with. Bing, bing, bing, bing. the United States of America. They do we can put to a beneficial use for the This profile begins to set itself up. It not want to save the people of the protection of the national security of alerts them, so they ask her some more Islam faith in the United States of this Nation profiling. So do not run questions, this and that. All it does is America. They want to destroy them away from it when a discussion is had bring up more red flags. Then they simply because of the fact that they on it. And my colleagues will hear search her. Guess what they find? When are in the United States of America. about it back in their districts. I was the suitcase is emptied and they weigh You can take that to the bank. asked the question, and when I started it, it weighs more than an empty suit- Take a look at what happened at the with my response, the reporter that case should weigh. Sure enough, they World Trade Center. There were many was talking to me said, boy, you are find a false bottom and it is filled with people of the Islam faith that were de- taking on a hot potato. Do you really high-level plastic explosives intended stroyed and their families destroyed want to go into this kind of detail on to blow that airline out of the sky. through the consequences of these ac- profiling? We better profile. It is to our benefit tions. We had many Muslims that may Do not run from it. We have to use it. and to the benefit of this Nation’s secu- not even have been of the Islamic faith My problem, again coming back, we rity. It is to all our benefit, no matter that were destroyed, that were killed. cannot take this so-called theory of po- what background we are, to go to war They were slaughtered in New York litical correctness from the far left lib- with every tool that we can use. City. So do not give this Taliban or ben eral side of the spectrum and let that Now, let me move on very briefly and Laden any kind of badge of courage. Do determine whether or not we are going discuss our borders. I want to give not give him any kind of credibility be- to use that tool to protect this Na- some statistics that I think are pretty cause you think they fight with honor. tion’s security. The question here is interesting. Our borders are crossed 500 They do not fight with honor. They can we reasonably and in compliance million times a year. Five hundred mil- fight with cheap shots. They would just with the Constitution of the United lion times a year through 300 check- as soon gut you in the back as to fight States profile and use it as a weapon of points we have people coming across you face-to-face. our choice and a weapon for our ben- those borders. Now, the largest number

VerDate 13-OCT-2001 05:21 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.130 pfrm01 PsN: H30PT1 H7416 CONGRESSIONAL RECORD — HOUSE October 30, 2001 of people coming across the borders are immigration policy of this Nation. I We need to reduce those numbers so tourists. The largest number by far, am saying in order for the immigration that it is at least manageable. So that 99.9999 percent of the people that come policy to work, we have to have rules we know that people that come across into this country come in with good in- of the game, and we have to enforce the our border, those 3 million people that tentions. So how do we focus on that rules. When we have somebody who currently every year come across the very, very small percentage? How do violates the rules, we cannot let them border and do not go home when they we get our sights on that very small continue playing the game if they are are supposed to, that we can begin to percentage with the minimal impair- going to continue to violate the rules. develop management tools to fill that ment to the larger percentage while You have to have enforcement of the gap. That is one of the weapons we can still accomplishing the security for the rules and enforcement of immigration use in our war against terrorism. national interest? policy of this country. Mr. Speaker, I know it is not politi- It is a tough job. Just imagine trying Clearly if there has ever been a de- cally correct to talk about we had bet- to track 500 million crossings a year. I mand for enforcement of the policy ter cut down on our immigration. I am not sure we have the technical ca- currently in existence, it is right now. know it is not politically correct to pability. We certainly do not have the We have 3 or 4 million people a year talk about tightening our borders, but technical capability in place today to come across our borders on visas, and we got a real dose of reality on Sep- do it. Maybe we will have that tech- they stay after their visas expire. tember 11. We woke up in the morning nical capability within a few years, but Three or 4 million people a year stay in leading a normal life, and those of us not today. So the question comes up, this country even when the rules of the fortunate enough to be alive at the end of the day got a real wake-up call. should we continue to let the 500 mil- game say you have stayed all you are We have to change our management allowed, now you have to go home. It is lion crossings occur every year or practices, and one of the management similar to a guest coming to your home should we begin to clamp down on who practices we have to change are our for an hour for lunch, and pretty soon comes across that border? borders which have become unmanage- Now, I have a basic test, a litmus they are intending to spend the night. able. There are other things we have to The INS is doing a good job, but the test, as to how to come across that bor- change. You notice people agree across reality is that the INS has two things der. My feeling is that I ought to treat the board that we have to change the they have been trying to do. One is to it like somebody who wants to come check-in procedure and security at our keep foreigners from turning into ille- into my house. When somebody knocks airports and nuclear facilities. Mem- gal U.S. residents. Two, to investigate at the door of our house, rings the bers will notice that Secretary Mineta domestic crimes involving foreigners. doorbell of our house, we look out the today ordered no flying of aircraft by peephole. In other words, we do not As quoted here, keeping track of for- nuclear plants, et cetera, et cetera. We allow them to come in right off the eigners’ whereabouts in this country are changing our management prac- bat. We size them up, kind of profile was not considered anyone’s job. We tices. We need to change our manage- them, look at them. We say, maybe we have allowed these lax policies for ment practices in regards to these im- should ask this person a couple of ques- much, much too long. It makes a lot of migration policies. tions. Then we may open the door but practical sense that one of the tools Now the President, of course, has still not let them in the house yet. If I and one of the weapons that we can use taken the lead on this. Yesterday the know them, I welcome them in. If I feel in this war that we are engaged in is to President talked about student visas. comfortable with them, I welcome tighten our borders. We have a big problem with student them in. If they meet certain stand- That means the utilization of visas. We have a lot of people who ards, I welcome them in. Obviously, if profiling. That means if somebody has never show up at the schools. Student they fit the profile of a newspaper de- a student visa, that we require that visas have kind of become the popular livery person, and I know the person university confirm that person’s pres- tool of choice to get into America, and and they come by every time of the ence, we set up a tracking system. then not have to worry about being month about this period of time to col- That means that we start saying no to held accountable to anybody. lect a fee, I let them in the house and people. It means that we start getting Frankly, we have some universities, I give them a Coke or a Pepsi or some- numbers of people that we allow across institutions of higher education, that thing. our borders so we can manage. There depend very heavily on student visas So what we ought to do here is look was an ad, I do not know if it is still because of the tuition that they charge at our borders. I think for a temporary running on television or not, but some foreign visitors. Those golden days will period of time we have to really clamp people set up a business on the Inter- have to come to an end, despite the down on our borders until we begin to net. They are waiting for their first lobbying up here on the hill to leave make significant strides in regards to order. They are worried. They have put student visas alone. We ought to stop this war. Right now that percentage of in all of this investment, and all of a the abuses, limit the number of student people that wants to do significant sudden order number one comes in. visas that we grant until we can get a harm to the United States of America That is not much, but at least we got management grasp on it. That is what has grown rather dramatically. As we one order on the first day of business. I am asking for. Get it in our control. know, this United States of America is All of a sudden 2, 3, 4. All of a sudden I think we should quit hesitating now under a national alert for an act of a hundred orders come across. They are about what we do allowing students of terrorism. smiling and happy. All of a sudden it countries that mean us harm. Do you does not stop and it goes to 1,000 orders think we ought to allow students of 2300 b to 10,000 orders to 100,000 orders. They Libya or some of these other countries, Mr. Speaker, I can tell Members that are in panic. We cannot possibly man- Iran, Iraq, to come into this Nation? the likelihood of that act of terrorism, age 100,000 orders. We cannot manage Should we educate them and train we can go ahead and put together what it. them how to fly planes? There are a lot that group would look like. Number Mr. Speaker, the same thing is hap- of foreign students taking airline pilot one, they probably are not native born pening on our borders. Most people in instruction courses in this country as I United States citizens. Number two, the world dream of coming to the speak this hour. We should not be they probably have come across the United States of America. A lot want ashamed of saying no to some people, borders in the last year or two. Number to live here. It is the only country in and we should not be so worried about three, they probably had a background the world where we do not have a prob- being politically correct that when we that if checked significantly, we would lem keeping people. We cannot open see someone from a country that is find that these are not the kind of peo- the borders in such a way that the listed as a terrorist country, we ought ple that we would want to let in our numbers are so huge we cannot manage to have enough guts to say at the bor- house or country. them. der, You are not coming over here for I am not saying close the borders. Today that is exactly where we are. your education and taking the benefit That is not what I am saying here. Al- We have so many people coming across of our society to later on down the most all of us are beneficiaries of the the borders that we cannot manage it. road turn against our society.

VerDate 13-OCT-2001 05:21 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.132 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7417 The National Journal, October 27, you had to move the limbs to find and he told us and he told the Amer- 2001 reported on a bill over on the Sen- them. That is exactly what we are en- ican people, this battle will be a long ate side which will require the airlines gaged in right now. Do not try and urge battle. This battle will be an intense to submit their international passenger the President to stop this war, or to battle. But that we have hereby re- lists to the INS in advance so names slow down this bombing for some holi- solved that we will eliminate ter- can be run through the agency’s look- day that these terrorists would use rorism, that we will fight this war. And out system. simply as a shield to rebuild, take a so 4 weeks into it, I see some com- Well, today most airlines voluntarily fresh breath and recoordinate their mentators saying, gosh, are you spin- submit those lists. Today most air- strategies. We have got to go after ning your wheels? Are you stuck? How lines, notice I say most, voluntarily those guys and gals that have insti- come we haven’t wiped out the give their list to the INS to see if there gated such horrible damage to this Na- Taliban? How come you haven’t found is anybody on that list that is on a sus- tion. Actually the worst thing we can that miserable little guy in this cave pect listing or on the look-out system. do and the best thing that could hap- somewhere? Give me a break. These are pen to them is for American people to b 2310 the very commentators that ought to begin to lose faith in the military ef- drop that type of comment and ought Guess which airlines that fly into the fort that our administration is car- to be saying, what can we do to help? United States refuse to turn their lists rying forward. These are not tough This is our country, too. over to the INS? Egypt, Jordan, Ku- warriors when you are able to get them I heard a commentator the other day wait, Pakistan and Saudi Arabia. My out of their caves person to person. We that said, we have responsibilities in response to that is if the airline com- will destroy them. There is no question the media, to remember that yes, we ing out of Saudi Arabia, if the airline about it. If you got them out of their are Americans, but we should not let coming out of Kuwait, if the airline caves, you got them in an open field, that take away from the point that we coming out of Egypt, if the airline we destroy them. There is not even a should be a neutral party and that our coming out of Pakistan does not want contest there. Some people think that obligation is to report the news. It to give us the list of their passengers these Taliban fighters are supermen. sounded as though if you are a jour- that are flying into the United States They are not supermen. They have nalist, that you have a higher calling of America, landing in an airport in the emotions. They are susceptible. I would than being an American, you have a United States of America, to be dis- much rather have our weapons than higher calling and that is of a jour- persed once they get off the airplane have their weapons. The fact is we have nalist. And if it means that you leave into the cities of the United States of to locate them. They have extensive the auspices of sanctity of your coun- America, we should not allow those cave networks. They hide in the try to complete your job, that is the airlines to land in the United States. mosques. They hide in the schools. necessity of being a journalist. I could We are not asking too much to go to They move their weapons so that if you not disagree with that respected jour- these airlines and say, we want your try and get them or their weapons, you nalist more. list. We want to know who you are have got to kill some of their civilians. I do not care whether you are a jour- bringing into this country. Is that ask- That is exactly the kind of strategy nalist or a Congressman or whether ing too much? I do not think so. Just they are using. you wash windows or drive taxis, another example of sloppy manage- There is one other strategy they are America comes first. Your country ment. using against the United States. When comes first. Your obligation is not to I want to commend the President. it comes down to it, they do not think your profession, your obligation is to Yesterday he made comments about the United States of America has the your Nation. You need to stand for the tightening we need to take on resolve to go after them. They think your Nation. We need to support our these borders. He talked about student all they have to do is take a couple of administration, and obviously our mili- visas. The President and the adminis- Americans, capture them, skin them tary troops, to carry out this mission tration is on the right track and he de- alive, torture them, send their bodies until we win. Not until the Ramadan serves the support of the United States back in body bags and that the Amer- holiday starts. That was not a part of Congress. ican people will lose their resolve to war. We need to carry this mission out Let me move on to some final points win this war against terrorism. If that until we destroy the enemy, until we I want to make, and that is about the happened, it would be the greatest cut their heads off, until we are so sav- battle that we are engaged in. I notice military victory probably in history age to these people, so horrible to the in the last week, there has been a lot of for an organization like the Taliban. It enemy that the enemy will never again publicity about, gosh, maybe we’re would be a huge defeat for the United have a future under which they would stuck in Afghanistan, maybe we’re not States of America, because you are not consider attacking the United States of accomplishing militarily what we eliminating the cancer. The Taliban is America. The price that they will pay hoped to accomplish. You know what a cancer. If you do not get rid of that has to be so high that they never ever people are doing, we are comparing the cancer, it will come back and it will again want to be in that war. That is first few days. We controlled all the come back in a harsher form than you what we have got to do. We have a mis- airspace over Afghanistan within 3 ever believed it could return in. We sion. Every citizen in America has this days. It is always when you go to pick have got to destroy the Taliban. mission, and, that is, your country fruit, at least when I picked fruit, when Last Friday, I think, in the Wall comes first. The values and the prin- somebody hired me especially to pick Street Journal, Senator MCCAIN, our ciples of America have never been fruit, I always filled my basket. The colleague, wrote an excellent article matched in the history of this world. easiest time to fill a basket was when about victory, victory in a war. This is Never has there been a country as I first got to the tree because that was a war. I would suggest to my col- great as our country. Never has a coun- the fruit that hung the lowest. That leagues, read this article. It is excel- try done as much for the poor people of was easy pickings. So the first couple lent. It talks about that war is dirty, the world as the United States of of bushels came real fast. But when I that the consequences of war are hor- America. Never has a country gone to had to get to the third and fourth bush- rible, but Winston Churchill once said, more aid and assistance and gone to el, it took a lot more work. It was not the only thing worse than war is losing war across vast oceans to help friends. because I was bogged down in the apple it, and that is exactly what we face to- Never has a country contributed more tree, it was because of the fact you had night. The only thing worse for us than to health care, to education, to indus- to exert a little more energy. You had this war that we are currently engaged trialization than the United States of to climb up into the limbs, you had to in is to lose it. Do not try and urge our America. The United States of America reach out, you had to hunt those ap- Armed Forces to lay down their arms does not deserve what occurred, what ples. You did not have four our five ap- until the job is finished. Support the has happened. But the United States of ples hanging where you could just put administration until the job is fin- America must accept the fact that it them right in the basket. You had to ished. The President stood right here has happened and that the United get up in the tree, you had to reach, on this floor, right here at this podium, States of America must respond with a

VerDate 13-OCT-2001 05:36 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.134 pfrm01 PsN: H30PT1 H7418 CONGRESSIONAL RECORD — HOUSE October 30, 2001 horrible, horrible sword, because any- That in conducting the Southwest Valley Flood Provided, That using $1,000,000 of the funds ap- thing short of it will make you think Damage Reduction Study, Albuquerque, New propriated herein, the Secretary of the Army, of what Winston Churchill said, and, Mexico, the Secretary of the Army, acting acting through the Chief of Engineers, is di- that is, the only thing worse than war through the Chief of Engineers, shall include an rected to modify the Carr Creek Lake, Ken- evaluation of flood damage reduction measures tucky, project at full Federal expense to provide is to lose it. For our generation and for that would otherwise be excluded from the feasi- additional water supply storage for the Upper all future generations, we cannot af- bility analysis based on policies regarding the Kentucky River Basin: Provided further, That ford to lose this war. frequency of flooding, the drainage areas, and with $1,200,000 of the funds appropriated herein, f the amount of runoff: Provided further, That the Secretary of the Army, acting through the the Secretary of the Army, acting through the Chief of Engineers, is directed to undertake de- b 2320 Chief of Engineers, is directed to conduct stud- sign deficiency repairs to the Bois Brule Drain- CONFERENCE REPORT ON H.R. 2311, ies for flood damage reduction, environmental age and Levee District, Missouri, project, au- thorized and constructed under the authority of ENERGY AND WATER DEVELOP- protection, environmental restoration, water supply, water quality, and other purposes in the Flood Control Act of 1936 with cost sharing MENT APPROPRIATIONS ACT, Tuscaloosa County, Alabama, and shall provide consistent with the original project authoriza- 2002 a comprehensive plan for the development, con- tion: Provided further, That in accordance with Mr. CALLAHAN submitted the fol- servation, disposal, and utilization of water and section 332 of the Water Resources Development related land resources, for flood damage reduc- Act of 1999, the Secretary of the Army is directed lowing conference report and state- to increase the authorized level of protection of ment on the bill (H.R. 2311) making ap- tion and allied purposes, including the deter- mination of the need for a reservoir to satisfy the Bois Brule Drainage and Levee District, propriations for energy and water de- municipal and industrial water supply needs: Missouri, project from 50 years to 100 years velopment for the fiscal year ending Provided further, That using $1,000,000 of the using $700,000 of the funds appropriated herein, September 30, 2002, and for other pur- funds provided herein, the Secretary of the and the project costs allocated to the incre- poses: Army, acting through the Chief of Engineers, is mental increase in the level of protection shall be cost shared consistent with section 103(a) of CONFERENCE REPORT (H. REPT. 107–258) directed to conduct a comprehensive watershed study at full Federal expense to provide a the Water Resources Development Act of 1986, The committee of conference on the dis- framework for implementing activities to im- notwithstanding section 202(a) of the Water Re- agreeing votes of the two Houses on the prove environmental quality of the Lake Tahoe sources Development Act of 1996: Provided fur- amendment of the Senate to the bill (H.R. Basin and the Secretary shall submit a feasi- ther, That using $200,000 of the funds provided 2311) ‘‘making appropriations for energy and bility level report within 30 months of enactment herein, the Secretary of the Army, acting water development for the fiscal year ending of this Act: Provided further, That Appendix D, through the Chief of Engineers, is directed to September 30, 2002, and for other purposes’’, Chapter 5 of Public Law 106–554 is amended in conduct, at full Federal expense, technical stud- having met, after full and free conference, the last sentence under the subheading titled ies of individual ditch systems identified by the have agreed to recommend and do rec- ‘‘General Investigations’’ by striking ‘‘a cost State of Hawaii, and to assist the State in diver- ommend to their respective Houses as fol- shared feasibility study of’’ and inserting sification by helping to define the cost of repair- lows: ‘‘planning, engineering and design activities ing and maintaining selected ditch systems: Pro- That the House recede from its disagree- vided further, That the Secretary of the Army, for’’. ment to the amendment of the Senate, and acting through the Chief of Engineers, is di- agree to the same with an amendment, as CONSTRUCTION, GENERAL rected to use $1,300,000 of the funds appro- follows: For the prosecution of river and harbor, flood priated herein to continue construction of the In lieu of the matter stricken and inserted control, shore protection, and related projects navigation project at Kaumalapau Harbor, Ha- by said amendment, insert: authorized by laws; and detailed studies, and waii: Provided further, That with $800,000 of the That the following sums are appropriated, out plans and specifications, of projects (including funds provided herein, the Secretary of the of any money in the Treasury not otherwise ap- those for development with participation or Army, acting through the Chief of Engineers, is propriated, for the fiscal year ending September under consideration for participation by States, directed to continue preparation of a General 30, 2002, for energy and water development, and local governments, or private groups) authorized Reevaluation Report of the Oak Island, Caswell for other purposes, namely: or made eligible for selection by law (but such Beach, and Holden Beach segments of the TITLE I studies shall not constitute a commitment of the Brunswick County Beaches project in North Government to construction), $1,715,951,000, to Carolina: Provided further, That the Secretary DEPARTMENT OF DEFENSE—CIVIL remain available until expended, of which such of the Army, acting through the Chief of Engi- DEPARTMENT OF THE ARMY sums as are necessary for the Federal share of neers, is directed to use $500,000 to undertake CORPS OF ENGINEERS—CIVIL construction costs for facilities under the the Bowie County Levee Project, which is de- The following appropriations shall be ex- Dredged Material Disposal Facilities program fined as Alternative B Local Sponsor Option, in pended under the direction of the Secretary of shall be derived from the Harbor Maintenance the Corps of Engineers document entitled Bowie the Army and the supervision of the Chief of Trust Fund, as authorized by Public Law 104– County Local Flood Protection, Red River, Engineers for authorized civil functions of the 303; and of which such sums as are necessary Texas, Project Design Memorandum No. 1, Bowie County Levee, dated April 1997: Provided Department of the Army pertaining to rivers pursuant to Public Law 99–662 shall be derived further, That the Secretary of the Army is di- and harbors, flood control, beach erosion, and from the Inland Waterways Trust Fund, for rected to use $4,000,000 of the funds provided related purposes. one-half of the costs of construction and reha- bilitation of inland waterways projects, includ- herein for the Dam Safety and Seepage/Stability GENERAL INVESTIGATIONS ing rehabilitation costs for the Lock and Dam Correction Program to continue construction of For expenses necessary for the collection and 11, Mississippi River, Iowa; Lock and Dam 12, seepage control features at Waterbury Dam, study of basic information pertaining to river Mississippi River, Iowa; Lock and Dam 24, Mis- Vermont: Provided further, That the Secretary and harbor, flood control, shore protection, and sissippi River, Illinois and Missouri; Lock and of the Army, acting through the Chief of Engi- related projects, restudy of authorized projects, Dam 3, Mississippi River, Minnesota; and Lon- neers, using up to $200,000 of the funds provided miscellaneous investigations, and, when author- don Locks and Dam, Kanawha River, West Vir- herein, is directed to complete the Aloha- ized by laws, surveys and detailed studies and ginia, projects; and of which funds are provided Rigolette, Louisiana, project at full Federal ex- plans and specifications of projects prior to con- for the following projects in the amounts speci- pense: Provided further, That using $500,000 of struction, $154,350,000, to remain available until fied: the funds provided herein, the Secretary of the expended: Provided, That the Secretary of the San Timoteo Creek (Santa Ana River Army, acting through the Chief of Engineers, is Army, acting through the Chief of Engineers, is Mainstem), California, $8,000,000; directed to proceed with the Shoalwater Bay directed to use funds appropriated herein to Indianapolis Central Waterfront, Indiana, Shoreline, Washington, project: Provided fur- continue preconstruction engineering and de- $9,000,000; ther, That all studies for the Shoalwater Bay sign of the Murrieta Creek, California, flood Southern and Eastern Kentucky, Kentucky, Shoreline project shall be cost shared in the protection and environmental enhancement $4,000,000; same proportion as the construction implemen- project and is further directed to continue with Clover Fork, City of Cumberland, Town of tation costs: Provided further, That using the project in accordance with cost sharing es- Martin, Pike County (including Levisa Fork $2,500,000 of the funds provided herein, the Sec- tablished for the Murrieta Creek project in Pub- and Tug Fork Tributaries), Bell County, Floyd retary of the Army, acting through the Chief of lic Law 106–377: Provided further, That the Sec- County, Martin County, and Harlan County, Engineers, is directed to proceed with a final de- retary of the Army, acting through the Chief of Kentucky, elements of the Levisa and Tug Forks sign and initiate construction for the repair and Engineers, is directed to use the feasibility re- of the Big Sandy River and Upper Cumberland replacement of the Jicarilla Municipal Water port prepared under the authority of section 205 River, Kentucky, $15,450,000; and System in the town of Dulce, New Mexico: Pro- of the Flood Control Act of 1948, as amended, as Lower Mingo County (Kermit), Upper Mingo vided further, That using $750,000 of the funds the basis for the Rock Creek-Keefer Slough County (including County Tributaries), Wayne provided herein, the Secretary of the Army, act- Flood Control Project, Butte County, Cali- County, and McDowell County, West Virginia, ing through the Chief of Engineers, is directed fornia, and is further directed to use funds ap- elements of the Levisa and Tug Forks of the Big to proceed with the Missouri river Restoration propriated herein for preconstruction engineer- Sandy River and Upper Cumberland River Project and that erosion control measures imple- ing and design of the project: Provided further, project, $5,900,000: mented shall be primarily through nonstructural

VerDate 13-OCT-2001 05:36 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00060 Fmt 7634 Sfmt 6333 E:\CR\FM\K30OC7.136 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7419 means such as planting of native vegetation, the Chief of Engineers, is directed to convey to through the Chief of Engineers, is directed to buffer strips, conservation easements, setbacks, the Board of Mississippi Levee Commissioners dredge a channel from the mouth of Wheeling and agricultural best management practices: any and all fee owned real property interests Creek to Tunnel Green Park in Wheeling, West Provided further, That with $10,000,000 of the deemed excess to Army needs for disposal by the Virginia: Provided further, That the project for funds provided herein, the Secretary of the U.S. Army Corps of Engineers at its Casting the Apalachicola, Chattahoochee, and Flint Army, acting through the Chief of Engineers, is Plant and its Bank Grading and Mat Loading Rivers Navigation, authorized by section 2 of directed to construct the Dallas Floodway Ex- Fleeting Area located in Greenville, Mississippi. the River and Harbor Act of March 2, 1945 (Pub- tension, Texas, project, including the Cadillac This real property shall be used by the Board of lic Law 79–14) and modified by the first section Heights feature, generally in accordance with Mississippi Levee Commissioners for the oper- of the River and Harbor Act of 1946 (60 Stat. the Chief of Engineers report dated December 7, ation and maintenance of the Mississippi River 635, chapter 595), is modified to authorize the 1999: Provided further, That the deadline for the and Tributaries Project as it deems necessary. Secretary, as part of navigation maintenance report required under section 154(g) of Public OPERATION AND MAINTENANCE, GENERAL activities, to develop and implement a plan to be Law 106–554 is extended to December 31, 2002: For expenses necessary for the preservation, integrated into the long-term dredged material Provided further, That the Secretary of the operation, maintenance, and care of existing management plan being developed for the Corley Army, acting through the Chief of Engineers, is river and harbor, flood control, and related Slough reach, as required by conditions of the directed to use unexpended funds appropriated works, including such sums as may be necessary State of Florida water quality certification, for in Public Law 105–62, under the heading Con- for the maintenance of harbor channels pro- periodically removing sandy dredged material struction, General for Salyersville, Kentucky, to vided by a State, municipality or other public from the disposal area known as Site 40, located construct additional recreation improvements at agency, outside of harbor lines, and serving es- at mile 36.5 of the Apalachicola River, and from the Buckhorn Lake, Kentucky, project: Pro- sential needs of general commerce and naviga- other disposal sites that the Secretary may de- vided further, That using $1,000,000 of the funds tion; surveys and charting of northern and termine to be needed for the purpose of reuse of provided herein, the Secretary of the Army, act- northwestern lakes and connecting waters; the disposal areas, by transporting and depos- ing through the Chief of Engineers, is directed clearing and straightening channels; and re- iting the sand for environmentally acceptable to initiate construction on the Seward Harbor, moval of obstructions to navigation, beneficial uses in coastal areas of Florida to be Alaska, project in accordance with the Report of $1,874,803,000, to remain available until ex- determined in coordination with the State of the Chief of Engineers dated June 8, 1999 and pended, of which such sums as become available Florida: Provided further, That the Secretary is the economic justification contained therein: in the Harbor Maintenance Trust Fund, pursu- authorized to acquire all lands, easements, and Provided further, That the Secretary of the ant to Public Law 99–662, may be derived from rights-of-way that may be determined by the Army, acting through the Chief of Engineers, is that Fund, and of which such sums as become Secretary, in consultation with the affected directed to use up to $900,000 of funds pre- available from the special account established State, to be required for dredged material dis- viously appropriated to reimburse the City of by the Land and Water Conservation Act of posal areas to implement a long-term dredge ma- Venice, Florida, for the costs incurred by the 1965, as amended (16 U.S.C. 460l), may be de- terial management plan: Provided further, That City prior to October 1998 for work accomplished rived from that account for construction, oper- the long-term management plan shall be devel- by the City related to the relocation of the ation, and maintenance of outdoor recreation oped in coordination with the State of Florida stormwater outfalls and the construction of the facilities: Provided, That the Secretary of the no later than 2 years from the date of enactment artificial reef that comprises an integral part of Army, acting through the Chief of Engineers, is of this Act: Provided further, That, of the funds the project for beach nourishment, in Sarasota directed, within funds available for the Mobile provided herein, $4,900,000 shall be made avail- County, Florida: Provided further, That the Harbor, Alabama, project, to remove, transport, able for these purposes and $8,000,000 shall be Secretary of the Army, acting through the Chief dispose, and remediate contaminated sediments made available for normal operation and main- of Engineers, is directed to use funds appro- in and adjacent to the Federal navigation tenance of the Apalachicola, Chattahoochee, priated herein, for emergency bank stabilization projects for the Arlington Channel and the and Flint Rivers navigation project. measures at Lakeshore Park in Knoxville, Ten- Garrows Bend Channel at Federal expense, and FLOOD CONTROL AND COASTAL EMERGENCIES nessee: Provided further, That the Secretary of a non-Federal sponsor shall provide all nec- (RESCISSION) the Army, acting through the Chief of Engi- essary lands, easements, rights-of-way, and re- neers, is directed to continue the Dickenson locations that may be required for the disposal Of the funds made available under this head- County Detailed Project Report as generally de- of dredged material: Provided further, That ing in Public Law 107–20, $25,000,000 are hereby fined in Plan 4 of the Huntington District Engi- using funds appropriated herein, the Secretary rescinded. neer’s Draft Supplement to the Section 202 Gen- of the Army, acting through the Chief of Engi- REGULATORY PROGRAM eral Plan for Flood Damage Reduction dated neers, is directed to perform cultural resource For expenses necessary for administration of April 1997, including all Russell Fork tributary mitigation and recreation improvements at Waco laws pertaining to regulation of navigable wa- streams within the County and special consider- Lake, Texas, at full Federal expense notwith- ters and wetlands, $127,000,000, to remain avail- ations as may be appropriate to address the standing the provisions of the Water Supply Act able until expended. unique relocations and resettlement needs for of 1958: Provided further, That the Secretary of FORMERLY UTILIZED SITES REMEDIAL ACTION the flood prone communities within the County: the Army, acting through the Chief of Engi- PROGRAM Provided further, That, with respect to the envi- neers, is directed to use funds appropriated ronmental infrastructure project in Lebanon, herein to grade the basin within the Hansen For expenses necessary to clean up contami- New Hampshire, for which funds are made Dam feature of the Los Angeles County Drain- nation from sites throughout the United States available under this heading, the non-Federal age Area, California, project to enhance and resulting from work performed as part of the interest shall receive credit toward the non-Fed- maintain flood capacity and to provide for fu- Nation’s early atomic energy program, eral share of the cost of the project for work per- ture use of the basin for compatible purposes $140,000,000, to remain available until expended. formed before the date of execution of the consistent with the Master Plan, including GENERAL EXPENSES project cooperation agreement, if the Secretary recreation and environmental restoration: Pro- For expenses necessary for general adminis- determines the work is integral to the project: vided further, That the Secretary of the Army, Provided further, That, for the Raritan River tration and related functions in the Office of acting through the Chief of Engineers, is di- the Chief of Engineers and offices of the Divi- Basin, Green Brook Sub-Basin, New Jersey, rected to use funds appropriated herein to fully project, the Secretary of the Army, acting sion Engineers, activities of the Humphreys En- investigate the development of an upland dis- gineer Center Support Activity, the Institute for through the Chief of Engineers, is directed to posal site recycling program on the Black War- implement the locally preferred plan for the ele- Water Resources, and headquarters support rior and Tombigbee Rivers, Alabama-Coosa Riv- functions at the USACE Finance Center, ment in the western portion of Middlesex Bor- ers, and the Mobile River projects: Provided fur- ough, New Jersey, which includes the buyout of $153,000,000, to remain available until expended: ther, That of funds appropriated herein for the Provided, That no part of any other appropria- up to 22 homes, the flood proofing of four com- Intracoastal Waterway, Delaware River to mercial buildings along Prospect Place and tion provided in title I of this Act shall be avail- Chesapeake Bay, Delaware and Maryland, the able to fund the activities of the Office of the Union Avenue, and the buyout of up to three Secretary of the Army, acting through the Chief commercial buildings along Raritan and Lincoln Chief of Engineers or the executive direction of Engineers, is directed to reimburse the State and management activities of the division of- Avenues, at a total estimated cost of $15,000,000, of Delaware for normal operation and mainte- with an estimated Federal cost of $11,500,000 fices: Provided further, That none of these nance costs incurred by the State of Delaware funds shall be available to support an office of and an estimated non-Federal cost of $3,500,000. ∂ for the SR1 Bridge from station 58 00 to station congressional affairs within the executive office FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBU- ∂ 293 00 between May 12, 1997 and September 30, of the Chief of Engineers. TARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOU- 2002. Reimbursement costs shall not exceed ISIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE $1,277,000: Provided further, That the Secretary ADMINISTRATIVE PROVISIONS For expenses necessary for prosecuting work of the Army, acting through the Chief of Engi- Appropriations in this title shall be available of flood control, rescue work, repair, restora- neers, is directed to use funds appropriated for official reception and representation ex- tion, or maintenance of flood control projects herein to remove and reinstall the docks and penses (not to exceed $5,000); and during the threatened or destroyed by flood, as authorized causeway, in kind, and continue breakwater re- current fiscal year the Revolving Fund, Corps of by law (33 U.S.C. 702a and 702g–1), $345,992,000, pairs at Astoria East Boat Basin, Oregon: Pro- Engineers, shall be available for purchase (not to remain available until expended: Provided, vided further, That using funds appropriated to exceed 100 for replacement only) and hire of That, the Secretary of the Army, acting through herein, the Secretary of the Army, acting passenger motor vehicles.

VerDate 13-OCT-2001 05:36 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00061 Fmt 7634 Sfmt 6333 E:\CR\FM\A30OC7.078 pfrm01 PsN: H30PT1 H7420 CONGRESSIONAL RECORD — HOUSE October 30, 2001 GENERAL PROVISIONS tially in accordance with the General Reevalua- a curve to the left, having a radius of 1465.69 CORPS OF ENGINEERS—CIVIL tion and Environmental Report for Proposed feet, an arc distance of 1132.14 feet— Project Modifications, dated February 2001, at a (I) N. 88°45′47′′ W. 1104.21 feet; thence SEC. 101. (a) CONVEYANCE AUTHORIZED.—The (II) S. 69°06′30′′ W. 1758.95 feet; thence Secretary of the Army shall convey to the Blue total cost of $226,800,000, with an estimated Fed- (III) N. 23°04′43′′ W. 600.19 feet; thence Township Fire District, Blue Township, Kansas, eral cost of $128,700,000, and estimated non-Fed- (IV) N. 19°15′32′′ W. 3004.57 feet; thence by quitclaim deed and without consideration, all eral cost of $98,100,000. SEC. 107. DESIGNATION OF NONNAVIGABILITY (V) N. 44°52′41′′ W. 897.74 feet; thence right, title, and interest of the United States in FOR PORTIONS OF GLOUCESTER COUNTY, NEW (VI) N. 32°26′05′′ W. 2765.99 feet to a point in and to a parcel of land consisting of approxi- JERSEY. (a) DESIGNATION.— the Pierhead and Bulkhead Line along the mately 4.35 acres located in Pottawatomie Coun- (1) IN GENERAL.—The Secretary of the Army Southeasterly shore of the Delaware River; ty, Tuttle Creek Lake, Kansas. (referred to in section as the ‘‘Secretary’’) shall thence (b) DESCRIPTION OF PROPERTY.—The exact designate as nonnavigable the areas described (VII) N. 53°37′05′′ E. 2770.00 feet; thence acreage and legal description of the real prop- in paragraph (3) unless the Secretary, after con- (VIII) S. 36°22′55′′ E. 870.00 feet; thence erty to be conveyed under subsection (a) shall be sultation with local and regional public officials (IX) S. 57°04′39′′ E. 481.04 feet; thence determined by a survey satisfactory to the Sec- (including local and regional planning organi- (X) S. 35°33′54′′ E. 975.59 feet; thence retary. zations), makes a determination that 1 or more (XI) S. 27°56′37′′ E. 3674.36 feet; thence (c) REVERSION.—If the Secretary determines projects proposed to be carried out in 1 or more (XII) crossing Church Street, S. 34°19′51′′ E. that the property conveyed under subsection (a) 1590.16 feet to a point in the easterly line of ceases to be held in public ownership or to be areas described in paragraph (2) are not in the public interest. Church Street; thence used as a site for a fire station, all right, title, ° ′ ′′ (2) DESCRIPTION OF AREAS.—The areas re- (XIII) S. 11 28 50 W. 1052.14 feet; thence and interest in and to the property shall revert ferred to in paragraph (1) are certain parcels of (XIV) S. 61°28′35′′ W. 32.31 feet; thence to the United States, at the option of the United property situated in the West Deptford Town- (XV) S. 11°28′50′′ W. 38.56 feet to the point of States. ship, Gloucester County, New Jersey, as de- beginning. SEC. 102. For those shore protection projects (ii) The parcel described in clause (i) does not funded in this Act which have Project Coopera- picted on Tax Assessment Map #26, Block #328, Lots #1, 1.03, 1.08, and 1.09, more fully described include the parcel beginning at the point in the tion Agreements in place, the Secretary of the centerline of Church Street (49.50 feet wide), Army is directed to proceed with those projects as follows: (A) Beginning at the point in the easterly line that point being N. 11°28′50′′ E. 796.36 feet, meas- in accordance with the cost sharing specified in of Church Street (49.50 feet wide), said begin- ured along the centerline, from its intersection the Project Cooperation Agreement: Provided, ning point being the following 2 courses from with the curved northerly right-of-way line of That the Secretary of the Army shall not accept the intersection of the centerline of Church Pennsylvania-Reading Seashore Lines Railroad or solicit non-Federal voluntary contributions Street with the curved northerly right-of-way (66.00 feet wide)— for shore protection work in excess of the min- ° ′ ′′ line of Pennsylvania-Reading Seashore Lines (I) N. 78 27 40 W. 118.47 feet; thence imum requirements established by law; except ° ′ ′′ Railroad (66.00 feet wide)— (II) N. 15 48 40 W. 120.51 feet; thence that, when voluntary contributions are tendered ° ′ ′′ (i) along said centerline of Church Street N. (III) N. 77 53 00 E 189.58 feet to a point in the by a non-Federal sponsor for the prosecution of 11°28′50″ E. 38.56 feet; thence centerline of Church Street; thence work outside the authorized scope of the Fed- ° ′ ′′ (ii) along the same N. 61°28′35″ E. 32.31 feet to (IV) S. 11 28 50 W. 183.10 feet to the point of eral project at full non-Federal expense, the the point of beginning. beginning. Secretary is authorized to accept said contribu- (B) Said beginning point also being the end of (b) LIMITS ON APPLICABILITY; REGULATORY tions. the thirteenth course and from said beginning REQUIREMENTS.— SEC. 103. Agreements proposed for execution point runs; thence, along the aformentioned (1) IN GENERAL.—The designation under sub- by the Assistant Secretary of the Army for Civil Easterly line of Church Street— section (a)(1) shall apply to those parts of the Works or the United States Army Corps of Engi- (i) N. 11°28′50″ E. 1052.14 feet; thence areas described in subsection (a) that are or will neers after the date of the enactment of this Act (ii) crossing Church Street, N. 34°19′51″ W. be bulkheaded and filled or otherwise occupied pursuant to section 4 of the Rivers and Harbor 1590.16 feet; thence by permanent structures, including marina fa- Act of 1915, Public Law 64–291; section 11 of the (iii) N. 27°56′37″ W. 3674.36 feet; thence cilities. River and Harbor Act of 1925, Public Law 68– (iv) N. 35°33′54″ W. 975.59 feet; thence (2) APPLICABLE LAW.—All activities described 585; the Civil Functions Appropriations Act, (v) N. 57°04′39″ W. 481.04 feet; thence in paragraph (1) shall be subject to all applica- 1936, Public Law 75–208; section 215 of the Flood (vi) N. 36°22′55″ W. 870.00 feet to a point in the ble Federal law, including— Control Act of 1968, as amended, Public Law 90– Pierhead and Bulkhead Line along the South- (A) the Act of March 3, 1899 (30 Stat. 1121, 483; sections 104, 203, and 204 of the Water Re- easterly shore of the Delaware River; thence chapter 425); sources Development Act of 1986, as amended, (vii) along the same line N. 53°37′05″ E. 1256.19 (B) section 404 of the Federal Water Pollution Public Law 99–662; section 206 of the Water Re- feet; thence Control Act (33 U.S.C. 1344); and sources Development Act of 1992, as amended, (viii) still along the same, N. 86°10′29″ E. (C) the National Environmental Policy Act of Public Law 102–580; section 211 of the Water Re- 1692.61 feet; thence, still along the same the fol- 1969 (42 U.S.C. 4321 et seq.). sources Development Act of 1996, Public Law lowing thirteenth courses (c) TERMINATION OF DESIGNATION.—If, on the 104–303; and any other specific project author- (ix) S. 67°44′20″ E. 1090.00 feet to a point in the date that is 20 years after the date of enactment ity, shall be limited to credits and reimburse- Pierhead and Bulkhead Line along the South- of this Act, any area or portion of an area de- ments per project not to exceed $10,000,000 in westerly shore of Woodbury Creek; thence scribed in subsection (a)(3) is not bulkheaded, each fiscal year, and total credits and reim- (x) S. 39°44′20′′ E. 507.10 feet; thence filled, or otherwise occupied by permanent bursements for all applicable projects not to ex- (xi) S. 31°01′38′′ E. 1062.95 feet; thence structures (including marina facilities) in ac- ceed $50,000,000 in each fiscal year. (xii) S. 34°34′20′′ E. 475.00 feet; thence cordance with subsection (b), or if work in con- SEC. 104. ST. GEORGES BRIDGE, DELAWARE. (xiii) S. 32°20′28′′ E. 254.18 feet; thence nection with any activity authorized under sub- None of the funds made available in this Act (xiv) S. 52°55′49′′ E. 964.95 feet; thence section (b) is not commenced by the date that is may be used to carry out any activity relating (xv) S. 56°24′40′′ E. 366.60 feet; thence 5 years after the date on which permits for the to closure or removal of the St. Georges Bridge (xvi) S. 80°31′50′′ E. 100.51 feet; thence work are issued, the designation of nonnaviga- across the Intracoastal Waterway, Delaware (xvii) N. 75°30′00′′ E. 120.00 feet; thence bility under subsection (a)(1) for that area or River to Chesapeake Bay, Delaware and Mary- (xviii) N. 53°09′00′′ E. 486.50 feet; thence portion of an area shall terminate. land, including a hearing or any other activity (xix) N. 81°18′00′′ E. 132.00 feet; thence SEC. 108. NOME HARBOR TECHNICAL CORREC- relating to preparation of an environmental im- (xx) S. 56°35′00′′ E. 115.11 feet; thence TIONS. Section 101(a)(1) of Public Law 106–53 pact statement concerning the closure or re- (xxi) S. 42°00′00′′ E. 271.00 feet; thence (the Water Resources Development Act of 1999) moval. (xxii) S. 48°30′00′′ E. 287.13 feet to a point in is amended by— SEC. 105. The non-Federal interest shall re- the Northwesterly line of Grove Avenue (59.75 (1) striking ‘‘$25,651,000’’ and inserting in its ceive credit towards the lands, easements, relo- feet wide); thence place ‘‘$39,000,000’’; and cations, rights-of-way, and disposal areas re- (xxiii) S. 23°09′50′′ W. 4120.49 feet; thence (2) striking ‘‘$20,192,000’’ and inserting in its quired for the Lava Hot Springs restoration (xxiv) N. 66°50′10′′ W. 251.78 feet; thence place ‘‘$33,541,000’’. project in Idaho, and acquired by the non-Fed- (xxv) S. 36°05′20′′ E. 228.64 feet; thence SEC. 109. Section 211 of the Water Resources eral interest before execution of the project co- (xxvi) S. 58°53′00′′ W. 1158.36 feet to a point in Development Act of 2000, Public Law 106–541, is operation agreement: Provided, That the Sec- the Southwesterly line of said River Lane; amended by adding the following language at retary shall provide credit for work only if the thence the end of subsection (d): Secretary determines such work to be integral to (xxvii) S. 41°31′35′′ E. 113.50 feet; thence ‘‘(e) ENGINEERING RESEARCH AND DEVELOP- the project. (xxviii) S. 61°28′35′′ W. 863.52 feet to the point MENT CENTER.—The Engineering Research and SEC. 106. GUADALUPE RIVER, CALIFORNIA. The of beginning. Development Center is exempt from the require- project for flood control, Guadalupe River, Cali- (C)(i) Except as provided in clause (ii), begin- ments of this section.’’. fornia, authorized by section 401 of the Water ning at a point in the centerline of Church SEC. 110. Section 514(g) of the Water Re- Resources Development Act of 1986, and the En- Street (49.50 feet wide) where the same is inter- sources Development Act of 1999, Public Law ergy and Water Development Appropriation sected by the curved northerly line of Pennsyl- 106–53, is amended by striking ‘‘fiscal years 2000 Acts of 1990 and 1992, is modified to authorize vania-Reading Seashore Lines Railroad right- and 2001’’ and inserting in lieu thereof ‘‘fiscal the Secretary to construct the project substan- of-way (66.00 feet wide), along that Railroad, on years 2000 through 2002’’.

VerDate 13-OCT-2001 05:36 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00062 Fmt 7634 Sfmt 6333 E:\CR\FM\A30OC7.080 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7421

SEC. 111. The Secretary of the Army, acting of which $10,749,000 shall be deposited into the In addition, for administrative expenses nec- through the Chief of Engineers, is directed to Utah Reclamation Mitigation and Conservation essary to carry out the program for direct loans modify the pump station intake structure and Account for use by the Utah Reclamation Miti- and/or grants, $280,000, to remain available discharge line to preclude ice from interfering gation and Conservation Commission. until expended: Provided, That of the total sums with pump operations at Fort Fairfield, Maine, In addition, for necessary expenses incurred appropriated, the amount of program activities flood control project: Provided, That all design in carrying out related responsibilities of the that can be financed by the Reclamation Fund and construction costs associated with the modi- Secretary of the Interior, $1,310,000, to remain shall be derived from that Fund. fications of the Fort Fairfield, Maine, project available until expended. CENTRAL VALLEY PROJECT RESTORATION FUND shall be at Federal expense. BUREAU OF RECLAMATION For carrying out the programs, projects, SEC. 112. CERRILLOS DAM, PUERTO RICO. The The following appropriations shall be ex- plans, and habitat restoration, improvement, Secretary of the Army shall reassess the alloca- pended to execute authorized functions of the and acquisition provisions of the Central Valley tion of Federal and non-Federal costs for con- Bureau of Reclamation: Project Improvement Act, $55,039,000, to be de- struction of the Cerrillos Dam, carried out as rived from such sums as may be collected in the WATER AND RELATED RESOURCES part of the project for flood control, Portugues Central Valley Project Restoration Fund pursu- and Bucana Rivers, Puerto Rico. (INCLUDING TRANSFER OF FUNDS) ant to sections 3407(d), 3404(c)(3), 3405(f ), and SEC. 113. STUDY OF CORPS CAPABILITY TO For management, development, and restora- 3406(c)(1) of Public Law 102–575, to remain CONSERVE FISH AND WILDLIFE. Section 704(b) of tion of water and related natural resources and available until expended: Provided, That the the Water Resources Development Act of 1986 for related activities, including the operation, Bureau of Reclamation is directed to assess and (33 U.S.C. 2263(b)) is amended— maintenance, and rehabilitation of reclamation collect the full amount of the additional mitiga- (1) by redesignating paragraphs (1), (2), (3), and other facilities, participation in fulfilling tion and restoration payments authorized by and (4) as subparagraphs (A), (B), (C), and (D), related Federal responsibilities to Native Ameri- section 3407(d) of Public Law 102–575. respectively; cans, and related grants to, and cooperative and POLICY AND ADMINISTRATION (2) by striking ‘‘(b) The Secretary’’ and insert- other agreements with, State and local govern- For necessary expenses of policy, administra- ing the following: ments, Indian tribes, and others, $762,531,000, to ‘‘(b) PROJECTS.— tion, and related functions in the office of the remain available until expended, of which Commissioner, the Denver office, and offices in ‘‘(1) IN GENERAL.—The Secretary’’; and $14,649,000 shall be available for transfer to the (3) by striking ‘‘The non-Federal share of the the five regions of the Bureau of Reclamation, Upper Colorado River Basin Fund and to remain available until expended, $52,968,000, cost of any project under this section shall be 25 $31,442,000 shall be available for transfer to the percent.’’ and inserting the following: to be derived from the Reclamation Fund and be Lower Colorado River Basin Development Fund; nonreimbursable as provided in 43 U.S.C. 377: ‘‘(2) COST SHARING.— of which such amounts as may be necessary ‘‘(A) IN GENERAL.—The non-Federal share of Provided, That no part of any other appropria- may be advanced to the Colorado River Dam the cost of any project under this subsection tion in this Act shall be available for activities Fund; of which $8,000,000 shall be for on-res- shall be 25 percent. or functions budgeted as policy and administra- ervation water development, feasibility studies, ‘‘(B) FORM.—The non-Federal share may be tion expenses. and related administrative costs under Public provided through in-kind services, including the ADMINISTRATIVE PROVISION Law 106–163; and of which not more than provision by the non-Federal interest of shell $500,000 is for high priority projects which shall Appropriations for the Bureau of Reclamation stock material that is determined by the Chief of be carried out by the Youth Conservation Corps, shall be available for purchase of not to exceed Engineers to be suitable for use in carrying out as authorized by 16 U.S.C. 1706: Provided, That four passenger motor vehicles for replacement the project. such transfers may be increased or decreased only. ‘‘(C) APPLICABILITY.—The non-Federal inter- within the overall appropriation under this GENERAL PROVISIONS est shall be credited with the value of in-kind heading: Provided further, That of the total ap- services provided on or after October 1, 2000, for DEPARTMENT OF THE INTERIOR propriated, the amount for program activities a project described in paragraph (1) completed SEC. 201. In order to increase opportunities for that can be financed by the Reclamation Fund on or after that date, if the Secretary determines Indian tribes to develop, manage, and protect or the Bureau of Reclamation special fee ac- that the work is integral to the project.’’. their water resources, the Secretary of the Inte- count established by 16 U.S.C. 460l–6a(i) shall be SEC. 114. The flood control project for the rior, acting through the Commissioner of the Ramapo River at Oakland, New Jersey, author- derived from that Fund or account: Provided Bureau of Reclamation, is authorized to enter ized by section 401(a) of the Water Resources further, That funds contributed under 43 U.S.C. into grants and cooperative agreements with Development Act of 1986, Public Law 99–662, as 395 are available until expended for the pur- any Indian tribe, institution of higher edu- amended by section 301(a)(9) of the Water Re- poses for which contributed: Provided further, cation, national Indian organization, or tribal sources Development Act of 1996, Public Law That funds advanced under 43 U.S.C. 397a shall organization pursuant to 31 U.S.C. 6301–6308. 104–33, is modified to authorize the Secretary of be credited to this account and are available Nothing in this Act is intended to modify or the Army, acting through the Chief of Engi- until expended for the same purposes as the limit the provisions of the Indian Self Deter- neers, to construct the project at a total cost of sums appropriated under this heading: Provided mination Act (25 U.S.C. 45 et seq.). $18,000,000, with an estimated Federal cost of further, That $12,000,000 of the funds appro- SEC. 202. SAN GABRIEL BASIN, CALIFORNIA. (a) $13,500,000 and an estimated non-Federal cost of priated herein shall be deposited in the San Ga- ADMINISTRATION OF RESTORATION FUND.—Sec- $4,500,000 less any credits allowed under appli- briel Basin Restoration Fund established by sec- tion 110(a)(2) of the Miscellaneous Appropria- cable laws. tion 110 of division B, title I of Public Law 106– tions Act, 2001 (as enacted into law by section SEC. 115. Except for the historic scheduled 554, of which $1,000,000 shall be for remediation 1(a)(4) of Public Law 106–554) is amended by maintenance dredging in the Delaware River, in the Central Basin Municipal Water District: striking ‘‘the Secretary of the Army’’ and insert- none of the funds appropriated in this Act shall Provided further, That funds available for ex- ing ‘‘the Secretary of the Interior’’. be used to operate the dredge MCFARLAND penditure for the Departmental Irrigation (b) PURPOSES OF RESTORATION FUND.—Section other than for urgent dredging, emergencies and Drainage Program may be expended by the Bu- 110(a)(3)(A) of such Act is amended by striking in support of national defense. reau of Reclamation for site remediation on a clauses (i) and (ii) and inserting the following: SEC. 116. The Secretary may not expend funds non-reimbursable basis: Provided further, That ‘‘(i) to provide grants to the San Gabriel Basin to accelerate the schedule to finalize the Record section 301 of Public Law 102–250, Reclamation Water Quality Authority and the Central Basin of Decision for the revision of the Missouri River States Emergency Drought Relief Act of 1991, as Municipal Water District to reimburse such Master Water Control Manual and any associ- amended, is amended further by inserting ‘‘2001, agencies for the Federal share of the costs asso- ated changes to the Missouri River Annual Op- and 2002’’ in lieu of ‘‘and 2001’’: Provided fur- ciated with designing and constructing water erating Plan. During consideration of revisions ther, That of such funds, not more than quality projects to be administered by such to the manual in fiscal year 2002, the Secretary $1,500,000 shall be available to the Secretary for agencies; and may consider and propose alternatives for completion of a feasibility study for the Santa ‘‘(ii) to provide grants to reimburse the San achieving species recovery other than the alter- Fe-Pojoaque Regional Water System, New Mex- Gabriel Basin Water Quality Authority and the natives specifically prescribed by the United ico: Provided further, That the study shall be Central Basin Municipal Water District for the States Fish and Wildlife Service in the biological completed by September 30, 2002. Federal share of the costs required to operate opinion of the Service. The Secretary shall con- BUREAU OF RECLAMATION LOAN PROGRAM any project constructed under this section for a sider the views of other Federal agencies, non- ACCOUNT period not to exceed 10 years, following the ini- Federal agencies, and individuals to ensure that For the cost of direct loans and/or grants, tial date of operation of the project.’’. other congressionally authorized purposes are $7,215,000, to remain available until expended, (c) COST-SHARING LIMITATION.—Section maintained. as authorized by the Small Reclamation Projects 110(a)(3)(B) of such Act (114 Stat. 2763A–223) is TITLE II Act of August 6, 1956, as amended (43 U.S.C. amended by adding at the end the following: 422a–422l): Provided, That such costs, including ‘‘(iii) CREDITS TOWARD NON-FEDERAL SHARE.— DEPARTMENT OF THE INTERIOR the cost of modifying such loans, shall be as de- For purposes of clause (ii), the Secretary shall CENTRAL UTAH PROJECT fined in section 502 of the Congressional Budget credit the San Gabriel Basin Water Quality Au- CENTRAL UTAH PROJECT COMPLETION ACCOUNT Act of 1974, as amended: Provided further, That thority with the value of all prior expenditures For carrying out activities authorized by the these funds are available to subsidize gross obli- by non-Federal interests made after February Central Utah Project Completion Act, gations for the principal amount of direct loans 11, 1993, that are compatible with the purposes $34,918,000, to remain available until expended, not to exceed $26,000,000. of this section, including—

VerDate 13-OCT-2001 05:36 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00063 Fmt 7634 Sfmt 6333 E:\CR\FM\A30OC7.083 pfrm01 PsN: H30PT1 H7422 CONGRESSIONAL RECORD — HOUSE October 30, 2001 ‘‘(I) all expenditures made by non-Federal in- Dam on the Arrowrock Division of the Boise plant and capital equipment and other expenses terests to design and construct water quality Project in Idaho, shall recover no more than necessary for non-defense environmental man- projects, including expenditures associated with $6,900,000 of such expenses according to the ap- agement activities in carrying out the purposes environmental analyses and public involvement plication of the current formula for charging of the Department of Energy Organization Act activities that were required to implement the users for reimbursable operation and mainte- (42 U.S.C. 7101 et seq.), including the acquisition water quality projects in compliance with appli- nance expenses at Bureau of Reclamation facili- or condemnation of any real property or any fa- cable Federal and State laws; and ties on the Boise Project, and shall recover this cility or for plant or facility acquisition, con- ‘‘(II) all expenditures made by non-Federal portion of such expenses over a period of 15 struction, or expansion, $236,372,000, to remain interests to acquire lands, easements, rights-of- years. available until expended: Provided, That fund- way, relocations, disposal areas, and water SEC. 207. None of the funds appropriated or ing for the West Valley Demonstration Project rights that were required to implement a water otherwise made available by this or any other shall be reduced in subsequent fiscal years to quality project.’’. Act may be used to pay the salaries and ex- the minimum necessary to maintain the project SEC. 203. The Secretary of the Interior is au- penses of personnel to purchase or lease water in a safe and stable condition, unless, not later thorized and directed to use not to exceed in the Middle Rio Grande or the Carlsbad than September 30, 2002, the Secretary: (1) pro- $1,000,000 of the funds appropriated under title Projects in New Mexico unless said purchase or vides written notification to the Committees on II to refund amounts received by the United lease is in compliance with the purchase re- Appropriations of the House of Representatives States as payments for charges assessed by the quirements of section 202 of Public Law 106–60. and the Senate that agreement has been reached Secretary prior to January 1, 1994 for failure to SEC. 208. None of the funds made available in with the State of New York on the final scope of file certain certification or reporting forms prior this Act may be used by the Bureau of Reclama- Federal activities at the West Valley site and on to the receipt of irrigation water, pursuant to tion (either directly or by making the funds the respective Federal and State cost shares for sections 206 and 224(c) of the Reclamation Re- available to an entity under a contract) for the those activities; (2) submits a written copy of form Act of 1982 (43 U.S.C. 390ff, 390ww(c)), in- issuance of permits for, or any other activity re- that agreement to the Committees on Appropria- cluding the amount of associated interest as- lated to the management of, commercial rafting tions of the House of Representatives and the sessed by the Secretary and paid to the United activities within the Auburn State Recreation Senate; and (3) provides a written certification States pursuant to section 224(i) of the Reclama- Area, California, until the requirements of the that the Federal actions proposed in the agree- tion Reform Act of 1982 (43 U.S.C. 390ww(i)). National Environmental Policy Act of 1969 (42 ment will be in full compliance with all relevant SEC. 204. LOWER COLORADO RIVER BASIN DE- U.S.C. 4321 et seq.) and the Federal Water Pol- Federal statutes and are in the best interest of VELOPMENT FUND. (a) IN GENERAL.—Notwith- lution Control Act (33 U.S.C. 12151 et seq.) are the Federal government. standing section 403(f) of the Colorado River met with respect to such commercial rafting ac- URANIUM FACILITIES MAINTENANCE AND Basin Project Act (43 U.S.C. 1543(f)), no amount tivities. REMEDIATION from the Lower Colorado River Basin Develop- SEC. 209. (a) Section 101(a)(6)(C) of the Water ment Fund shall be paid to the general fund of Resources Development Act of 1999, Public Law For necessary expenses to maintain, decon- the Treasury until each provision of the Stipu- 106–53, is amended to read as follows: taminate, decommission, and otherwise reme- lation Regarding a Stay and for Ultimate Judg- ‘‘(C) MAKEUP OF WATER SHORTAGES CAUSED BY diate uranium processing facilities, $418,425,000, ment Upon the Satisfaction of Conditions, filed FLOOD CONTROL OPERATION.— of which $299,641,000 shall be derived from the in United States district court on May 3, 2000, in ‘‘(i) IN GENERAL.—The Secretary of the Inte- Uranium Enrichment Decontamination and De- Central Arizona Water Conservation District v. rior shall enter into, or modify, such agreements commissioning Fund, all of which shall remain United States (No. CIV 95–625–TUC–WDB with the Sacramento Area Flood Control Agency available until expended. (EHC), No. CIV 95–1720–OHX–EHC (Consoli- regarding the operation of Folsom Dam and SCIENCE dated Action)) is met. Reservoir as may be necessary in order that, For Department of Energy expenses including (b) PAYMENT TO GENERAL FUND.—If any of the notwithstanding any prior agreement or provi- the purchase, construction and acquisition of provisions of the stipulation referred to in sub- sion of law, 100 percent of the water needed to plant and capital equipment, and other ex- section (a) are not met by the date that is 3 make up for any water shortage caused by vari- penses necessary for science activities in car- years after the date of enactment of this Act, able flood control operation during any year at rying out the purposes of the Department of En- payments to the general fund of the Treasury Folsom Dam, and resulting in a significant im- ergy Organization Act (42 U.S.C. 7101 et seq.), shall resume in accordance with section 403(f) of pact on recreation at Folsom Reservoir shall be including the acquisition or condemnation of the Colorado River Basin Project Act (43 U.S.C. replaced, to the extent the water is available for any real property or facility or for plant or fa- 1543(f)). purchase, by the Secretary of the Interior. cility acquisition, construction, or expansion, (c) AUTHORIZATION.—Amounts in the Lower ‘‘(ii) COST SHARING.—Seventy-five percent of and purchase of not to exceed 25 passenger Colorado River Basin Development Fund that the costs of the replacement water provided motor vehicles for replacement only, but for this section would be returned to the under clause (i) shall be paid for on a non-reim- $3,233,100,000, to remain available until ex- general fund of the Treasury shall not be ex- bursable basis by the Secretary of the Interior at pended. pended until further Act of Congress. Federal expense. The remaining 25 percent of NUCLEAR WASTE DISPOSAL SEC. 205. (a) None of the funds appropriated such costs shall be provided by the Sacramento or otherwise made available by this Act may be Area Flood Control Agency. For nuclear waste disposal activities to carry used to determine the final point of discharge ‘‘(iii) LIMITATION.—To the extent that any out the purposes of Public Law 97–425, as for the interceptor drain for the San Luis Unit funds in excess of the non-Federal share are amended, including the acquisition of real prop- until development by the Secretary of the Inte- provided by the Sacramento Area Flood Control erty or facility construction or expansion, rior and the State of California of a plan, which Agency, the Secretary shall reimburse such non- $95,000,000, to remain available until expended shall conform to the water quality standards of Federal interests for such excess funds. Costs for and to be derived from the Nuclear Waste Fund: the State of California as approved by the Ad- replacement water may not exceed 125 percent of Provided, That not to exceed $2,500,000 shall be ministrator of the Environmental Protection the current average market price for raw water, provided to the State of Nevada solely for ex- Agency, to minimize any detrimental effect of as determined by the Secretary of the Interior.’’. penditures, other than salaries and expenses of the San Luis drainage waters. (b) CONFORMING CHANGE.—Section State employees, to conduct scientific oversight (b) The costs of the Kesterson Reservoir 101(a)(1)(D)(ii) of the Water Resources Develop- responsibilities pursuant to the Nuclear Waste Cleanup Program and the costs of the San Joa- ment Act of 1996, Public Law 104–303, is amend- Policy Act of 1982, Public Law 97–425, as amend- quin Valley Drainage Program shall be classi- ed by striking ‘‘during’’ and all that follows ed: Provided further, That $6,000,000 shall be fied by the Secretary of the Interior as reimburs- through ‘‘thereafter’’. provided to affected units of local governments, able or nonreimbursable and collected until TITLE III as defined in Public Law 97–425, to conduct ap- fully repaid pursuant to the ‘‘Cleanup Pro- DEPARTMENT OF ENERGY propriate activities pursuant to the Act: Pro- gram—Alternative Repayment Plan’’ and the ENERGY PROGRAMS vided further, That the distribution of the funds ‘‘SJVDP—Alternative Repayment Plan’’ de- as determined by the units of local government ENERGY SUPPLY scribed in the report entitled ‘‘Repayment Re- shall be approved by the Department of Energy: port, Kesterson Reservoir Cleanup Program and For Department of Energy expenses including Provided further, That the funds for the State San Joaquin Valley Drainage Program, Feb- the purchase, construction, and acquisition of of Nevada shall be made available solely to the ruary 1995’’, prepared by the Department of the plant and capital equipment, and other ex- Nevada Division of Emergency Management by Interior, Bureau of Reclamation. Any future ob- penses necessary for energy supply activities in direct payment and units of local government by ligations of funds by the United States relating carrying out the purposes of the Department of direct payment: Provided further, That within to, or providing for, drainage service or drain- Energy Organization Act (42 U.S.C. 7101 et 90 days of the completion of each Federal fiscal age studies for the San Luis Unit shall be fully seq.), including the acquisition or condemnation year, the Nevada Division of Emergency Man- reimbursable by San Luis Unit beneficiaries of of any real property or any facility or for plant agement and the Governor of the State of Ne- such service or studies pursuant to Federal rec- or facility acquisition, construction, or expan- vada and each local entity shall provide certifi- lamation law. sion; and the purchase of not to exceed 17 pas- cation to the Department of Energy that all SEC. 206. The Secretary of the Interior, in ac- senger motor vehicles for replacement only, funds expended from such payments have been cepting payments for the reimbursable expenses $666,726,000, to remain available until expended. expended for activities authorized by Public incurred for the replacement, repair, and ex- NON-DEFENSE ENVIRONMENTAL MANAGEMENT Law 97–425 and this Act. Failure to provide traordinary maintenance with regard to the For Department of Energy expenses, including such certification shall cause such entity to be Valve Rehabilitation Project at the Arrowrock the purchase, construction and acquisition of prohibited from any further funding provided

VerDate 13-OCT-2001 05:36 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00064 Fmt 7634 Sfmt 6333 E:\CR\FM\A30OC7.085 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7423 for similar activities: Provided further, That partment of Energy Organization Act (42 U.S.C. in addition, notwithstanding the provisions of none of the funds herein appropriated may be: 7101 et seq.), including the acquisition (by pur- 31 U.S.C. 3302, up to $8,000,000 collected by the (1) used directly or indirectly to influence legis- chase, condemnation, construction, or other- Southeastern Power Administration pursuant to lative action on any matter pending before Con- wise) of real property, plant, and capital equip- the Flood Control Act to recover purchase power gress or a State legislature or for lobbying activ- ment, facilities, and facility expansion, and wheeling expenses shall be credited to this ity as provided in 18 U.S.C. 1913; (2) used for $688,045,000, to remain available until expended. account as offsetting collections, to remain litigation expenses; or (3) used to support multi- OFFICE OF THE ADMINISTRATOR available until expended for the sole purpose of State efforts or other coalition building activi- making purchase power and wheeling expendi- For necessary expenses of the Office of the ties inconsistent with the restrictions contained tures. Administrator of the National Nuclear Security in this Act: Provided further, That all proceeds Administration, including official reception and OPERATION AND MAINTENANCE, SOUTHWESTERN and recoveries realized by the Secretary in car- representation expenses (not to exceed $12,000), POWER ADMINISTRATION rying out activities authorized by the Nuclear $312,596,000, to remain available until expended. For necessary expenses of operation and Waste Policy Act of 1982, Public Law 97–425, as maintenance of power transmission facilities amended, including but not limited to, any pro- ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES and of marketing electric power and energy, and ceeds from the sale of assets, shall be available for construction and acquisition of transmission without further appropriation and shall remain DEFENSE ENVIRONMENTAL RESTORATION AND lines, substations and appurtenant facilities, available until expended. WASTE MANAGEMENT and for administrative expenses, including offi- DEPARTMENTAL ADMINISTRATION For Department of Energy expenses, including cial reception and representation expenses in an (INCLUDING TRANSFER OF FUNDS) the purchase, construction, and acquisition of amount not to exceed $1,500 in carrying out the For salaries and expenses of the Department plant and capital equipment and other expenses provisions of section 5 of the Flood Control Act of Energy necessary for departmental adminis- necessary for atomic energy defense environ- of 1944 (16 U.S.C. 825s), as applied to the south- tration in carrying out the purposes of the De- mental restoration and waste management ac- western power area, $28,038,000, to remain avail- partment of Energy Organization Act (42 U.S.C. tivities in carrying out the purposes of the De- able until expended; in addition, notwith- 7101 et seq.), including the hire of passenger partment of Energy Organization Act (42 U.S.C. standing the provisions of 31 U.S.C. 3302, not to motor vehicles and official reception and rep- 7101 et seq.), including the acquisition or con- exceed $5,200,000 in reimbursements, to remain resentation expenses (not to exceed $35,000), demnation of any real property or any facility available until expended: Provided, That up to $210,853,000, to remain available until expended, or for plant or facility acquisition, construction, $1,512,000 collected by the Southwestern Power plus such additional amounts as necessary to or expansion; and the purchase of not to exceed Administration pursuant to the Flood Control cover increases in the estimated amount of cost 30 passenger motor vehicles, of which 27 shall be Act to recover purchase power and wheeling ex- of work for others notwithstanding the provi- for replacement only, $5,234,576,000, to remain penses shall be credited to this account as off- sions of the Anti-Deficiency Act (31 U.S.C. 1511 available until expended. setting collections, to remain available until ex- et seq.): Provided, That such increases in cost of DEFENSE FACILITIES CLOSURE PROJECTS pended for the sole purpose of making purchase work are offset by revenue increases of the same For expenses of the Department of Energy to power and wheeling expenditures. or greater amount, to remain available until ex- accelerate the closure of defense environmental CONSTRUCTION, REHABILITATION, OPERATION pended: Provided further, That moneys received management sites, including the purchase, con- AND MAINTENANCE, WESTERN AREA POWER by the Department for miscellaneous revenues struction, and acquisition of plant and capital ADMINISTRATION estimated to total $137,810,000 in fiscal year 2002 equipment and other necessary expenses, For carrying out the functions authorized by may be retained and used for operating expenses $1,092,878,000, to remain available until ex- title III, section 302(a)(1)(E) of the Act of Au- within this account, and may remain available pended. gust 4, 1977 (42 U.S.C. 7152), and other related until expended, as authorized by section 201 of DEFENSE ENVIRONMENTAL MANAGEMENT activities including conservation and renewable Public Law 95–238, notwithstanding the provi- PRIVATIZATION resources programs as authorized, including of- sions of 31 U.S.C. 3302: Provided further, That ficial reception and representation expenses in For Department of Energy expenses for privat- the sum herein appropriated shall be reduced by an amount not to exceed $1,500, $171,938,000, to ization projects necessary for atomic energy de- the amount of miscellaneous revenues received remain available until expended, of which fense environmental management activities au- during fiscal year 2002 so as to result in a final $166,651,000 shall be derived from the Depart- thorized by the Department of Energy Organiza- fiscal year 2002 appropriation from the General ment of the Interior Reclamation Fund: Pro- tion Act (42 U.S.C. 7101 et seq.), $153,537,000, to Fund estimated at not more than $73,043,000. vided, That of the amount herein appropriated, remain available until expended. OFFICE OF THE INSPECTOR GENERAL $6,000,000 is for deposit into the Utah Reclama- For necessary expenses of the Office of the In- OTHER DEFENSE ACTIVITIES tion Mitigation and Conservation Account pur- spector General in carrying out the provisions of For Department of Energy expenses, including suant to title IV of the Reclamation Projects Au- the Inspector General Act of 1978, as amended, the purchase, construction, and acquisition of thorization and Adjustment Act of 1992: Pro- $32,430,000, to remain available until expended. plant and capital equipment and other expenses vided further, That up to $152,624,000 collected ATOMIC ENERGY DEFENSE ACTIVITIES necessary for atomic energy defense, other de- by the Western Area Power Administration pur- fense activities, in carrying out the purposes of suant to the Flood Control Act of 1944 and the NATIONAL NUCLEAR SECURITY the Department of Energy Organization Act (42 Reclamation Project Act of 1939 to recover pur- ADMINISTRATION U.S.C. 7101 et seq.), including the acquisition or chase power and wheeling expenses shall be WEAPONS ACTIVITIES condemnation of any real property or any facil- credited to this account as offsetting collections, For Department of Energy expenses, including ity or for plant or facility acquisition, construc- to remain available until expended for the sole the purchase, construction, and acquisition of tion, or expansion, $544,044,000, to remain avail- purpose of making purchase power and wheel- plant and capital equipment and other inci- able until expended. ing expenditures. dental expenses necessary for atomic energy de- DEFENSE NUCLEAR WASTE DISPOSAL FALCON AND AMISTAD OPERATING AND fense weapons activities in carrying out the pur- MAINTENANCE FUND poses of the Department of Energy Organization For nuclear waste disposal activities to carry out the purposes of Public Law 97–425, as For operation, maintenance, and emergency Act (42 U.S.C. 7101 et seq.), including the acqui- costs for the hydroelectric facilities at the Fal- sition or condemnation of any real property or amended, including the acquisition of real prop- erty or facility construction or expansion, con and Amistad Dams, $2,663,000, to remain any facility or for plant or facility acquisition, available until expended, and to be derived from construction, or expansion; and the purchase of $280,000,000, to remain available until expended. POWER MARKETING ADMINISTRATIONS the Falcon and Amistad Operating and Mainte- not to exceed 11 passenger motor vehicles for re- nance Fund of the Western Area Power Admin- placement only, $5,429,238,000, to remain avail- BONNEVILLE POWER ADMINISTRATION FUND istration, as provided in section 423 of the For- able until expended. Expenditures from the Bonneville Power Ad- eign Relations Authorization Act, Fiscal Years DEFENSE NUCLEAR NONPROLIFERATION ministration Fund, established pursuant to Pub- 1994 and 1995. For Department of Energy expenses, including lic Law 93–454, are approved for official recep- FEDERAL ENERGY REGULATORY COMMISSION tion and representation expenses in an amount the purchase, construction and acquisition of SALARIES AND EXPENSES not to exceed $1,500. plant and capital equipment and other inci- For necessary expenses of the Federal Energy During fiscal year 2002, no new direct loan ob- dental expenses necessary for atomic energy de- Regulatory Commission to carry out the provi- ligations may be made. fense, defense nuclear nonproliferation activi- sions of the Department of Energy Organization ties, in carrying out the purposes of the Depart- OPERATION AND MAINTENANCE, SOUTHEASTERN Act (42 U.S.C. 7101 et seq.), including services as ment of Energy Organization Act (42 U.S.C. 7101 POWER ADMINISTRATION authorized by 5 U.S.C. 3109, the hire of pas- et seq.), including the acquisition or condemna- For necessary expenses of operation and senger motor vehicles, and official reception and tion of any real property or any facility or for maintenance of power transmission facilities representation expenses (not to exceed $3,000), plant or facility acquisition, construction, or ex- and of marketing electric power and energy, in- $184,155,000, to remain available until expended: pansion, $803,586,000, to remain available until cluding transmission wheeling and ancillary Provided, That notwithstanding any other pro- expended. services, pursuant to the provisions of section 5 vision of law, not to exceed $184,155,000 of reve- NAVAL REACTORS of the Flood Control Act of 1944 (16 U.S.C. 825s), nues from fees and annual charges, and other For Department of Energy expenses necessary as applied to the southeastern power area, services and collections in fiscal year 2002 shall for naval reactors activities to carry out the De- $4,891,000, to remain available until expended; be retained and used for necessary expenses in

VerDate 13-OCT-2001 05:36 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00065 Fmt 7634 Sfmt 6333 E:\CR\FM\A30OC7.087 pfrm01 PsN: H30PT1 H7424 CONGRESSIONAL RECORD — HOUSE October 30, 2001 this account, and shall remain available until Department of Energy considers the participa- essary expenses for the Federal Co-Chairman expended: Provided further, That the sum here- tion of a university or other potential user as a and the alternate on the Appalachian Regional in appropriated from the General Fund shall be formal partner in the establishment or operation Commission, for payment of the Federal share of reduced as revenues are received during fiscal of a user facility, the Department shall employ the administrative expenses of the Commission, year 2002 so as to result in a final fiscal year full and open competition in selecting such a including services as authorized by 5 U.S.C. 2002 appropriation from the General Fund esti- partner. For purposes of this section, the term 3109, and hire of passenger motor vehicles, mated at not more than $0: Provided further, ‘‘user facility’’ includes, but is not limited to: (1) $71,290,000, to remain available until expended. That the Commission is authorized an addi- a user facility as described in section 2203(a)(2) DEFENSE NUCLEAR FACILITIES SAFETY BOARD tional 5 senior executive service positions. of the Energy Policy Act of 1992 (42 U.S.C. SALARIES AND EXPENSES GENERAL PROVISIONS 13503(a)(2)); (2) a National Nuclear Security Ad- For necessary expenses of the Defense Nuclear DEPARTMENT OF ENERGY ministration Defense Programs Technology De- Facilities Safety Board in carrying out activities ployment Center/User Facility; and (3) any SEC. 301. (a) None of the funds appropriated authorized by the Atomic Energy Act of 1954, as other Departmental facility designated by the by this Act may be used to award a management amended by Public Law 100–456, section 1441, Department as a user facility. and operating contract, or award a significant $18,500,000, to remain available until expended. SEC. 308. None of the funds in this Act may be extension or expansion to an existing manage- used to dispose of transuranic waste in the DELTA REGIONAL AUTHORITY ment and operating contract, unless such con- Waste Isolation Pilot Plant which contains con- SALARIES AND EXPENSES tract is awarded using competitive procedures or centrations of plutonium in excess of 20 percent For necessary expenses of the Delta Regional the Secretary of Energy grants, on a case-by- by weight for the aggregate of any material cat- Authority and to carry out its activities, as au- case basis, a waiver to allow for such a devi- egory on the date of enactment of this Act, or is thorized by the Delta Regional Authority Act of ation. The Secretary may not delegate the au- generated after such date. For the purposes of 2000, $10,000,000, to remain available until ex- thority to grant such a waiver. this section, the material categories of trans- pended. (b) At least 60 days before a contract award uranic waste at the Rocky Flats Environmental DENALI COMMISSION for which the Secretary intends to grant such a Technology Site include: (1) ash residues; (2) waiver, the Secretary shall submit to the Sub- For expenses of the Denali Commission in- salt residues; (3) wet residues; (4) direct repack- committees on Energy and Water Development cluding the purchase, construction and acquisi- age residues; and (5) scrub alloy as referenced in of the Committees on Appropriations of the tion of plant and capital equipment as nec- the ‘‘Final Environmental Impact Statement on House of Representatives and the Senate a re- essary and other expenses, $38,000,000, to remain Management of Certain Plutonium Residues port notifying the Subcommittees of the waiver available until expended. and Scrub Alloy Stored at the Rocky Flats Envi- and setting forth, in specificity, the substantive NUCLEAR REGULATORY COMMISSION ronmental Technology Site’’. reasons why the Secretary believes the require- SALARIES AND EXPENSES SEC. 309. The Administrator of the National ment for competition should be waived for this Nuclear Security Administration may authorize For necessary expenses of the Commission in particular award. the plant manager of a covered nuclear weapons carrying out the purposes of the Energy Reorga- SEC. 302. None of the funds appropriated by production plant to engage in research, develop- nization Act of 1974, as amended, and the Atom- this Act may be used to— ment, and demonstration activities with respect ic Energy Act of 1954, as amended, including of- (1) develop or implement a workforce re- to the engineering and manufacturing capabili- ficial representation expenses (not to exceed structuring plan that covers employees of the ties at such plant in order to maintain and en- $15,000), and purchase of promotional items for Department of Energy; or hance such capabilities at such plant: Provided, use in the recruitment of individuals for employ- (2) provide enhanced severance payments or That of the amount allocated to a covered nu- ment, $516,900,000, to remain available until ex- other benefits for employees of the Department clear weapons production plant each fiscal year pended: Provided, That of the amount appro- of Energy, priated herein, $23,650,000 shall be derived from under section 3161 of the National Defense Au- from amounts available to the Department of Energy for such fiscal year for national security the Nuclear Waste Fund: Provided further, That thorization Act for Fiscal Year 1993 (Public Law revenues from licensing fees, inspection services, 102–484; 42 U.S.C. 7274h). programs, not more than an amount equal to 2 percent of such amount may be used for these and other services and collections estimated at SEC. 303. None of the funds appropriated by $473,520,000 in fiscal year 2002 shall be retained this Act may be used to augment the $20,000,000 activities: Provided further, That for purposes of this section, the term ‘‘covered nuclear weap- and used for necessary salaries and expenses in made available for obligation by this Act for sev- this account, notwithstanding 31 U.S.C. 3302, erance payments and other benefits and commu- ons production plant’’ means the following: (1) the Kansas City Plant, Kansas City, Mis- and shall remain available until expended: Pro- nity assistance grants under section 3161 of the vided further, That the sum herein appropriated National Defense Authorization Act for Fiscal souri; (2) the Y–12 Plant, Oak Ridge, Tennessee; shall be reduced by the amount of revenues re- Year 1993 (Public Law 102–484; 42 U.S.C. 7274h) (3) the Pantex Plant, Amarillo, Texas; and ceived during fiscal year 2002 so as to result in unless the Department of Energy submits a re- (4) the Savannah River Plant, South Caro- a final fiscal year 2002 appropriation estimated programming request subject to approval by the lina. at not more than $43,380,000: Provided further, appropriate Congressional committees. SEC. 310. The Administrator of the National That, notwithstanding any other provision of SEC. 304. None of the funds appropriated by Nuclear Security Administration may authorize law, no funds made available under this or any this Act may be used to prepare or initiate Re- the manager of the Nevada Operations Office to other Act may be expended by the Commission quests For Proposals (RFPs) for a program if engage in research, development, and dem- to implement or enforce any part of 10 C.F.R. the program has not been funded by Congress. onstration activities with respect to the develop- Part 35, as adopted by the Commission on Octo- (TRANSFERS OF UNEXPENDED BALANCES) ment, test, and evaluation capabilities necessary ber 23, 2000, with respect to diagnostic nuclear SEC. 305. The unexpended balances of prior for operations and readiness of the Nevada Test medicine, except those parts which establish appropriations provided for activities in this Act Site: Provided, That of the amount allocated to training and experience requirements for per- may be transferred to appropriation accounts the Nevada Operations Office each fiscal year sons seeking licensing as authorized users, until for such activities established pursuant to this from amounts available to the Department of such time as the Commission has reexamined 10 title. Balances so transferred may be merged Energy for such fiscal year for national security C.F.R. Part 35 and provided a report to the Con- with funds in the applicable established ac- programs at the Nevada Test Site, not more than gress which explains why the burden imposed by counts and thereafter may be accounted for as an amount equal to 2 percent of such amount 10 C.F.R. Part 35 could not be further reduced. one fund for the same time period as originally may be used for these activities. OFFICE OF INSPECTOR GENERAL enacted. SEC. 311. DEPLETED URANIUM HEXAFLUORIDE. For necessary expenses of the Office of In- SEC. 306. None of the funds in this or any Section 1 of Public Law 105–204 is amended in spector General in carrying out the provisions of other Act for the Administrator of the Bonne- subsection (b)— the Inspector General Act of 1978, as amended, ville Power Administration may be used to enter (1) by inserting ‘‘except as provided in sub- $6,180,000, to remain available until expended: into any agreement to perform energy efficiency section (c),’’ after ‘‘1321–349),’’; and Provided, That revenues from licensing fees, in- services outside the legally defined Bonneville (2) by striking ‘‘fiscal year 2002’’ and inserting spection services, and other services and collec- service territory, with the exception of services ‘‘fiscal year 2005’’. tions estimated at $5,933,000 in fiscal year 2002 provided internationally, including services pro- SEC. 312. PROHIBITION OF OIL AND GAS DRILL- shall be retained and be available until ex- vided on a reimbursable basis, unless the Ad- ING IN THE FINGER LAKES NATIONAL FOREST, pended, for necessary salaries and expenses in ministrator certifies in advance that such serv- NEW YORK. No Federal permit or lease shall be this account notwithstanding 31 U.S.C. 3302: ices are not available from private sector busi- issued for oil or gas drilling in the Finger Lakes Provided further, That the sum herein appro- nesses. National Forest, New York, during fiscal year priated shall be reduced by the amount of reve- SEC. 307. When the Department of Energy 2002. nues received during fiscal year 2002 so as to re- makes a user facility available to universities TITLE IV and other potential users, or seeks input from sult in a final fiscal year 2002 appropriation es- universities and other potential users regarding INDEPENDENT AGENCIES timated at not more than $247,000. significant characteristics or equipment in a APPALACHIAN REGIONAL COMMISSION NUCLEAR WASTE TECHNICAL REVIEW BOARD user facility or a proposed user facility, the De- For expenses necessary to carry out the pro- SALARIES AND EXPENSES partment shall ensure broad public notice of grams authorized by the Appalachian Regional For necessary expenses of the Nuclear Waste such availability or such need for input to uni- Development Act of 1965, as amended, notwith- Technical Review Board, as authorized by Pub- versities and other potential users. When the standing section 405 of said Act, and, for nec- lic Law 100–203, section 5051, $3,100,000, to be

VerDate 13-OCT-2001 05:36 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00066 Fmt 7634 Sfmt 6333 E:\CR\FM\A30OC7.089 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7425 derived from the Nuclear Waste Fund, and to agreeing votes of the two Houses on the that the Congress provided immediately fol- remain available until expended. amendment of the Senate to the bill (H.R. lowing the terrorist attack. If additional re- TITLE V 2311) making appropriations for energy and quirements are identified during the year, GENERAL PROVISIONS water development for the fiscal year ending the conferees expect each agency to follow September 30, 2002, and for other purposes, normal reprogramming procedures to ad- SEC. 501. None of the funds appropriated by submit the following joint statement to the dress those requirements. For the Corps of this Act may be used in any way, directly or in- House and the Senate in explanation of the Engineers Operation and Maintenance, Gen- directly, to influence congressional action on effects of the action agreed upon by the man- eral, account, the Corps of Engineers shall any legislation or appropriation matters pend- agers and recommended in the accom- submit to the House and Senate Committees ing before Congress, other than to communicate panying conference report. for approval, any reprogramming of funds di- to Members of Congress as described in 18 U.S.C. The language and allocations set forth in rectly related to enhanced security at its 1913. House Report 107–112 and Senate Report 107– SEC. 502. (a) PURCHASE OF AMERICAN-MADE projects. If all known enhanced security re- 39 should be complied with unless specifi- EQUIPMENT AND PRODUCTS.—It is the sense of quirements cannot be fully met through fis- the Congress that, to the greatest extent prac- cally addressed to the contrary in the con- cal year 2002 appropriations, the conferees ticable, all equipment and products purchased ference report and statement of the man- direct that each agency in this bill budget with funds made available in this Act should be agers. Report language included by the for any such remaining costs in the fiscal American-made. House which is not contradicted by the re- year 2003 budget submission to Congress. The (b) NOTICE REQUIREMENT.—In providing fi- port of the Senate or the statement of the conferees direct the Secretaries of the Army, nancial assistance to, or entering into any con- managers, and Senate report language which Energy, and Interior to each submit a report tract with, any entity using funds made avail- is not contradicted by the report of the to the Appropriations Committees of Con- able in this Act, the head of each Federal agen- House or the statement of the managers is gress by February 15, 2002 which specifically cy, to the greatest extent practicable, shall pro- approved by the committee of conference. identifies in detail all known physical secu- vide to such entity a notice describing the state- The statement of the managers, while re- rity requirements that have surfaced since ment made in subsection (a) by the Congress. peating some report language for emphasis, the terrorist attacks, and the degree to (c) PROHIBITION OF CONTRACTS WITH PERSONS does not intend to negate the language re- which each has been met through fiscal year FALSELY LABELING PRODUCTS AS MADE IN ferred to above unless expressly provided 2002 appropriations and the fiscal year 2003 AMERICA.—If it has been finally determined by herein. In cases where both the House report budget request. a court or Federal agency that any person in- and Senate report address a particular issue TITLE I not specifically addressed in the conference tentionally affixed a label bearing a ‘‘Made in DEPARTMENT OF DEFENSE—CIVIL report or joint statement of managers, the America’’ inscription, or any inscription with DEPARTMENT OF THE ARMY the same meaning, to any product sold in or conferees have determined that the House shipped to the United States that is not made in and Senate reports are not inconsistent and CORPS OF ENGINEERS—CIVIL the United States, the person shall be ineligible are to be interpreted accordingly. In cases in The summary tables at the end of this title to receive any contract or subcontract made which the House or Senate have directed the set forth the conference agreement with re- with funds made available in this Act, pursuant submission of a report, such report is to be spect to the individual appropriations, pro- to the debarment, suspension, and ineligibility submitted to both House and Senate Com- grams, and activities of the Corps of Engi- procedures described in sections 9.400 through mittees on Appropriations. neers. Additional items of conference agree- 9.409 of title 48, Code of Federal Regulations. Senate amendment: The Senate deleted ment are discussed below. SEC. 503. The Secretary of the Army shall con- the entire House bill after the enacting GENERAL INVESTIGATIONS clause and inserted the Senate bill. The con- duct and submit to Congress a study that exam- The conference agreement appropriates ference agreement includes a revised bill. ines the known and potential environmental ef- $154,350,000 for General Investigations in- fects of oil and gas drilling activity in the Great INTRODUCTION stead of $163,260,000 as proposed by the House Lakes (including effects on the shorelines and RESPONSE TO TERRORISM and $152,402,000 as proposed by the Senate. water of the Great Lakes): Provided, That dur- The conferees commend the personnel of The conferees have agreed to provide ing the fiscal years 2002 and 2003, no Federal or the agencies funded in this bill for their $350,000 for the Corps of Engineers to initiate State permit or lease shall be issued for new oil dedication and professionalism in their re- and complete a reconnaissance study to and gas slant, directional, or offshore drilling in sponse to the heinous and cowardly terrorist evaluate environmental restoration, recre- or under one or more of the Great Lakes. attacks on the World Trade Center and the ation, and related purposes for the Middle This Act may be cited as the ‘‘Energy and Pentagon on September 11, 2001. Rio Grande, Bosque, New Mexico. The con- Water Development Appropriations Act, 2002’’. The Army Corps of Engineers had a very ferees are aware of the unique nature of this And the Senate agree to the same. prominent role in crisis response, engineer- study and encourage the Corps of Engineers SONNY CALLAHAN, ing assessment, and recovery at the attack to establish a regional inter-agency and HAROLD ROGERS, sites. The conferees believe that this disaster inter-state steering committee to leverage RODNEY P. has again shown the wisdom of the current lessons learned from the Rio Salado, Phoenix FRELINGHUYSEN, structure and alignment of the Corps of En- and Tempe Reaches, Arizona, and Tres Rio, TOM LATHAM, gineers within the Department of Defense. Arizona, environmental restoration projects ROGER F. WICKER, The conferees continue to expect the Con- as well as experience from within the agen- ZACH WAMP, gress to be fully consulted before any pro- cy. JO ANN EMERSON, posed changes affecting the Corps or the The conference agreement includes JOHN T. DOOLITTLE, unique role of the Chief of Engineers are im- $1,200,000 for the Upper Trinity River Basin, BILL YOUNG, plemented. Texas, project as proposed by the House and PETER J. VISCLOSKY, The Department of Energy redoubled ef- the Senate. The additional amount provided ED PASTOR, forts to maximize and ensure absolute secu- will allow for completion of the Dallas JAMES E. CLYBURN, rity of our Nation’s nuclear weapons, nuclear Floodway and Stemmons North Industrial LUCILLE ROYBAL-ALLARD, materials, and critical scientific and weap- Corridor studies, for continuation of studies Managers on the Part of the House. ons infrastructure. In a quiet, unheralded on the Clear and West Forks of the Trinity manner the professionals throughout the River including the evaluation of existing PETE V. DOMENICI, country at the Army Corps of Engineers and flood control improvements and the identi- THAD COCHRAN, the Department of the Interior’s Bureau of fication of additional measures at their con- MITCH MCCONNELL, Reclamation have spent much time and per- fluence needed to protect the urban center of ROBERT F. BENNETT, sonal effort to ensure the safety of many of Fort Worth, and the Big Fossil Creek Water- CONRAD BURNS, the Nation’s critical water resources. The shed, and for initiation of a new study. LARRY CRAIG, Nuclear Regulatory Commission remains The conferees have provided $100,000 for the TED STEVENS, vigilant about security at the nation’s com- Corps of Engineers to address the historic HARRY REID, mercial nuclear power reactors. The con- flooding problem at the Sparks Arroyo ROBERT C. BYRD, ferees note that both Federal and contractor Colonia in El Paso County, Texas. FRITZ HOLLINGS, employees have made significant contribu- The conferees have provided $100,000 for the PATTY MURRAY, tions at sometimes great personal sacrifice Nueces River and Tributaries, Texas, project BYRON L. DORGAN, on behalf of our Nation, and we are grateful for a reconnaissance study of recharge struc- DIANNE FEINSTEIN, for their efforts. tures located on the Edwards Aquifer Re- TOM HARKIN, The conferees are aware that a number of charge Zone in the Nueces River Basin. DANIEL K. INOUYE, requirements have surfaced since the ter- Within the amount provided for Flood Managers on the Part of the Senate. rorist attacks to address the cost of im- Plain Management Services, $100,000 is to up- JOINT EXPLANATORY STATEMENT OF proved security at facilities funded in this date a flood plain study for Tripps Run in THE COMMITTEE OF CONFERENCE bill. These requirements are evolving and are the City of Falls Church, Virginia. In addi- The managers on the part of the House and expected to be addressed within the $40 bil- tion, the amount provided for Flood Plain the Senate at the conference on the dis- lion emergency supplemental appropriation Management Services includes $1,300,000 for

VerDate 13-OCT-2001 06:00 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.091 pfrm01 PsN: H30PT1 H7426 CONGRESSIONAL RECORD — HOUSE October 30, 2001 the development of a Foundational Flood- the Corps of Engineers to use the feasibility The conference agreement includes plain Management Geographic Information report prepared under the authority of sec- $40,000,000 for the Olmsted Locks and Dam System for East Baton Rouge Parish, Lou- tion 205 of the Flood Control Act of 1948, as project. The conferees agree that none of the isiana, containing essential graphic and non- amended, as the basis for the Rock Creek- funds are to be used to reimburse the Claims graphic detailed databases. Keefer Slough Flood Control Project in and Judgment Fund. Within the amount provided for the Plan- Butte County, California. The language has The conferees have provided $13,000,000 for ning Assistance to States Program, $50,000 is been amended to delete the dollar amount; the Inner Harbor Navigation Canal Lock for the preparation of a Comprehensive however, the conference agreement includes project in Louisiana. While the conferees Drainage Basin Plan for Francis Bland $200,000 for the project as proposed by the continue to support the renovation of the 80- Floodway Ditch (Eight Mile Creek) and trib- House and the Senate. year old locks in the Inner Harbor Naviga- utaries in the vicinity of Paragould, Arkan- The conference agreement includes lan- tion Canal, they are aware of recent allega- sas, and $100,000 is for the Corps of Engineers guage proposed by the House regarding the tions regarding potential adverse impacts of to provide planning assistance to develop a Southwest Valley Flood Damage Reduction the project on vehicular traffic crossing the master plan for Elk Creek Lake in Fleming Study in New Mexico which directs the Corps canal and direct the Corps of Engineers to County, Kentucky. In addition, the conferees of Engineers to include in the study an eval- work with the Old Arabi Neighborhood Asso- urge the Corps of Engineers to initiate an in- uation of flood reduction measures that ciation, Regional Planning Commission, St. vestigation of the streambank erosion prob- would otherwise be excluded based on poli- Bernard Parish, the Louisiana Department lems in the East Baton Rouge Parish Canal cies regarding the frequency of flooding, the of Transportation and Development, and the in Baker, Louisiana, and desalinization ef- drainage area, and the amount of runoff. U.S. Coast Guard to determine if the project forts at Tularosa Basin in Alamogordo, New The conference agreement includes lan- will cause vehicular traffic problems and on Mexico. The amount provided for the Plan- guage proposed by the Senate which directs solutions to any confirmed problems. ning Assistance to States program also in- the Corps of Engineers to conduct studies for The conference agreement includes $950,000 cludes $150,000 for the Corps of Engineers to flood damage reduction, environmental pro- for the Chesapeake Bay Environmental Res- provide planning assistance to the tection, environmental restoration, water toration and Protection program, including Choctawhatchee, Pea, and Yellow Rivers Wa- supply, water quality, and other purposes in $200,000 for the Taylors Island marsh cre- tershed Management Authority. The con- Tuscaloosa County, Alabama. The language ation and shoreline protection project, and ferees have also included $400,000 for the has been amended to delete the dollar $750,000 for upgrades to the Smith Island Corps of Engineers to conduct, at full Fed- amount; however, the conference agreement wastewater treatment plant. eral expense as required by section 1156 of includes $100,000 for the study as proposed by The conference agreement includes Public Law 99–662, a review of plans devel- the Senate. $4,000,000 for the Northeastern Minnesota En- oped by the Commonwealth of the Northern The conferees have included language in vironmental Infrastructure program, includ- Mariana Islands for improvements to its the bill which directs the Corps of Engineers ing $250,000 to assist the City of Biwabik, water infrastructure in order to prepare a re- to conduct a comprehensive watershed study Minnesota, with its sewer and water utility port for transmission to Congress that could to provide a framework for implementing ac- reconstruction along 7th and 8th avenues. be used as the basis for an authorization for tivities to improve the environmental qual- The conference agreement includes $500,000 the Federal government to assist the Com- ity of the Lake Tahoe Basin in Nevada and for the Rural Montana project. Within the monwealth of the Northern Mariana Islands California. funds provided, the Corps of Engineers is di- with those improvements. The conference agreement includes lan- rected to give consideration to projects at The conference agreement includes guage which amends the Consolidated Appro- Helena, Laurel, and Conrad, Montana. $29,300,000 for Research and Development. priations Act, 2001, to provide that funds for The conferees are aware of the urgent need Within the amount provided, $4,100,000 is to the Lower St. Anthony Falls, Minnesota, to facilitate efficient construction of im- continue the National Shoreline Erosion project may be used for planning, engineer- provements for New York and New Jersey Control Development and Demonstration ing and design activities. Harbor to meet the needs of navigation in- Program authorized by section 227 of the The conference agreement deletes bill lan- terests and save significant Federal and non- Water Resources Development Act of 1996, guage proposed by the Senate providing Federal resources. Therefore, the conferees direct the Secretary of the Army to combine including $1,300,000 for the Corps of Engi- $500,000 for the Port of Iberia, Louisiana, the previously authorized Arthur Kill Chan- neers to demonstrate the effectiveness of study. Funds for this project have been in- nel, Howland Hook Marine Terminal, New erosion control systems consisting of per- cluded in the overall amount appropriated York and New Jersey, project; the Kill Van meable groins installed perpendicular to the for General Investigations. Kull and Newark Bay Channel, New York shoreline which reduce wave and current en- The conference agreement deletes bill lan- and New Jersey, project; the New York and ergy allowing a portion of the sediment load guage proposed by the Senate providing Adjacent Channels, Port Jersey Channel, to fall out of suspension at Gulf State Park $100,000 for a Chesapeake Bay shoreline ero- New Jersey, project; and the New York and in Gulf Shores, Alabama, and $800,000 to con- sion study, including an examination of New Jersey Harbor, New York and New Jer- tinue the research being conducted at management measures that could be under- taken to address the sediments behind the sey, project into a single project designated Allegan County, Michigan, in cooperation the New York and New Jersey Harbor, New with Western Michigan University. In addi- dams on the Lower Susquehanna River. Funds for this project have been included in York and New Jersey, project. The conferees tion, the conferees encourage the Corps of have combined the Construction, General Engineers to fully investigate the use of the overall amount appropriated for General Investigations. and General Investigations budget amounts electro-osmotic-pulse technologies at facili- for these projects and provided $88,500,000 for ties where chronic water seepage and floods The conference agreement deletes bill lan- guage proposed by the Senate providing the New York and New Jersey Harbor are problematic. The conferees urge the project. The Secretary of the Army is di- Corps of Engineers to test the effectiveness $300,000 for the North Georgia Water Plan- ning District Watershed study in Georgia. rected to use these funds to continue con- of the Aqua Levee Emergency Flood Control struction of the combined New York and System, and report back to the House and Funds for this project have been included in the overall amount appropriated for General New Jersey Harbor project to the depths au- Senate Committees on Appropriations on the thorized in the Water Resources Develop- feasibility of deploying this emergency flood Investigations. The conference agreement deletes lan- ment Act of 2000. control system for use in fighting floods. The The conferees have provided $8,000,000 to amount provided for Research and Develop- guage proposed by the Senate regarding drilling for oil or gas in the Great Lakes. continue the Rural Nevada project. Within ment also includes $300,000 for the Corps of the funds provided, the Corps of Engineers is This matter has been addressed in Title V, Engineers to prepare an implementation directed to give consideration to projects at General Provisions. plan and complete a detailed project design Mesquite, Silver Springs, Lawton-Verdi, for the Seabrook Harbor, New Hampshire, CONSTRUCTION, GENERAL Moapa, Elko County, McGill, and Boulder Demonstration Project under the authority The conference agreement appropriates City, Nevada. of section 227 of the Water Resources Devel- $1,715,951,000 for Construction, General in- The conference agreement includes opment Act of 1996. stead of $1,671,854,000 as proposed by the $3,000,000 for the Mill Creek, Ohio, project as The conference agreement includes lan- House and $1,570,798,000 as proposed by the proposed by the House and the Senate. The guage proposed by the House which directs Senate. additional funds provided above the budget the Corps of Engineers to continue The conference agreement includes request are to be used to accelerate comple- preconstruction engineering and design of $2,000,000 for the St. Johns County, Florida, tion of the General Reevaluation Report and the Murrieta Creek, California, project in ac- project. The conferees are aware that addi- develop an early warning system to alert cordance with the cost sharing established in tional funds may be required in fiscal year businesses and residents in the watershed of Public Law 106-377. The language has been 2002 to complete this project. Therefore, the possible floods. amended to delete the dollar amount; how- Corps of Engineers is urged to transfer up to The conference agreement includes ever, the conference agreement includes an additional $9,000,000 from available funds $3,000,000 for the Ohio Environmental Infra- $1,000,000 for the project as proposed by the as necessary to complete this project. The structure program. The amount provided in- House. conferees approve of this procedure and di- cludes $1,500,000 to assist the City of Spring- The conference agreement includes lan- rect the Corps of Engineers to take all steps field, Ohio, with its wastewater treatment guage proposed by the House which directs necessary to complete this project. and sewer improvement needs.

VerDate 13-OCT-2001 05:36 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.095 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7427 The conference agreement includes Secretary to reimburse the East Bay Munic- The conferees have included language pro- $10,000,000 for the South Central Pennsyl- ipal Utility District $4,100,000 from funds pre- posed by the Senate directing the Corps of vania Environmental Improvement Program. viously appropriated under the Section 206 Engineers to use $4,000,000 of the funds pro- These funds are available to carry out im- program for costs incurred at Penn Mine for vided for the Dam Safety and Seepage/Sta- provements in Armstrong, Cambria, Indiana, work carried out by East Bay Municipal bility Correction program to continue con- Fayette, Somerset, and Westmoreland Coun- Utility District for the project. Such struction of seepage control features at Wa- ties in Pennsylvania. amounts shall be made available to the East terbury Dam, Vermont. The conference agreement includes $500,000 Bay Municipal Utility District not later The conference agreement includes lan- for the Corps of Engineers to complete than 60 days after the date of enactment of guage directing the Corps of Engineers to preconstruction engineering and design of this Act. complete the Aloha-Rigolette, Louisiana, the Goshen Dam, Virginia, project. The con- The amount provided for the Section 205 project. ferees agree that upon completion of program includes $424,000 for the Sumava, In- The conference agreement includes lan- preconstruction engineering and design, the diana, project and $1,000,000 for the Deer guage directing the Corps of Engineers to Corps of Engineers may initiate construction Creek, Illinois, project. In addition, the con- proceed with the Shoalwater Bay Shoreline, of the project using available funds. ferees urge the Corps of Engineers to proceed Washington, project. The conferees have provided an additional with design of the Mad Creek flood control The conferees have agreed to include lan- $500,000 for the Mud Mountain Dam, White project in Iowa. guage in the bill directing the Corps of Engi- River, Washington, project for the design of The amount provided for the Section 111 neers to proceed with a final design and ini- fish passage facilities. program includes $170,000 for the Dauphin Is- tiate construction for the repair and replace- The conference agreement includes a total land, Alabama, project. ment of the Jicarilla Municipal Water Sys- of $41,100,000 for the Levisa and Tug Forks of The amount provided for the Section 107 tem in Dulce, New Mexico. the Big Sandy River and Upper Cumberland program includes $3,000,000 for the Lake The conference agreement includes lan- River project. The amount provided includes Shore State Park, Wisconsin, project. guage which directs the Corps of Engineers funds for the individual project elements as The conferees have included language in to proceed with the Missouri River Restora- described in the House and Senate reports. the bill earmarking funds for the following tion project and which provides that erosion The conference agreement includes projects in the amounts specified: San control measures implemented shall be pri- $4,000,000 for the Aquatic Plant Control Pro- Timoteo Creek (Santa Ana River Mainstem), marily through nonstructural means such as California, $8,000,000; Indianapolis Central gram. With the funds provided, the Corps of planting of native vegetation, bugger strips, Waterfront, Indiana, $9,000,000; Southern and Engineers is directed to undertake the conservation easements, setbacks, and agri- Eastern Kentucky, $4,000,000; Clover Fork, projects listed in the House and Senate re- cultural best management practices. ports. The amount provided for the removal City of Cumberland, Town of Martin, Pike The conference agreement includes lan- of aquatic weeds in the Lavaca and Navidad County (including Levisa Fork and Tug Fork guage directing the Corps of Engineers to Rivers in Texas is $300,000. Tributaries), Bell County, Floyd County, construct the Dallas Floodway Extension, The conferees direct the Corps of Engineers Martin County, and Harlan County, Ken- Texas, project in accordance with the Chief to undertake the projects listed in the House tucky, elements of the Levisa and Tug Forks of Engineers report dated December 7, 1999. and Senate reports and any additional of the Big Sandy River and Upper Cum- The conferees have included language in projects described below for the various con- berland River project, $15,450,000; and the the bill extending by one year the due date tinuing authorities programs. For those Lower Mingo County (Kermit), Upper Mingo for a progress report required by the Consoli- projects in the continuing authorities pro- County (including County Tributaries), dated Appropriations Act, 2001, on imple- gram that are named in both the House and Wayne County, and McDowell County, West menting a program of environmental infra- Senate reports, the conferees direct the Virginia, elements of the Levisa and Tug structure improvements in northern Wis- Corps of Engineers to use the higher of the Forks of the Big Sandy River and Upper consin. two reports funding recommendation for Cumberland River project, $5,900,000. The conference agreement includes lan- that project. The recommended funding lev- The conference agreement deletes lan- guage directing the Corps of Engineers to use els for these programs are as follows: Section guage proposed by the House regarding the funds previously appropriated for the 206—$20,000,000; Section 204—$1,500,000; Sec- San Gabriel Basin Restoration Fund project. Salyersville, Kentucky, project to construct Funds for this project are included in the Bu- tion 14—$9,000,000; Section 205—$40,000,000; additional recreation improvements at the reau of Reclamation’s Water and Related Re- Section 111—$1,470,000; Section 107— Buckhorn Lake, Kentucky, project. $15,000,000; Section 1135—$20,400,000; Section sources account. The conference agreement includes lan- The conference agreement includes lan- 103—$5,000,000; and Section 208—$1,000,000. guage directing the Corps of Engineers to guage proposed by the House which directs The conferees are aware that there are fund- initiate construction of the Seward Harbor, the Corps of Engineers to modify the Carr ing requirements for ongoing continuing au- Alaska, project in accordance with the Re- Creek Lake, Kentucky, project to provide ad- thorities projects that may not be accommo- ditional water supply storage for the Upper port of the Chief of Engineers dated June 8, dated within the funds provided for each pro- Kentucky River Basin. 1999. gram. It is not the intent of the conferees The conferees have included language pro- The conferees have included language di- that ongoing projects be terminated. If addi- posed by the House directing the Corps of recting the Corps of Engineers to use pre- tional funds are needed during the year to Engineers to undertake design deficiency re- viously appropriated funds to reimburse the keep ongoing work in any program on sched- pairs to the Bois Brule Drainage and Levee City of Venice, Florida, for work accom- ule, the conferees urge the Corps of Engi- District, Missouri, project with cost sharing plished by the City as part of the Sarasota neers to reprogram funds into the program. consistent with the original project author- County, Florida, project. The amount provided for the Section 1135 ization and to increase the authorized level The conference agreement includes lan- program does not include funds for the of protection of the Bois Brule Drainage and guage directing the Corps of Engineers to un- Garrows Bend Restoration project in Mobile, Levee District, Missouri, project from 50 to dertake emergency bank protection meas- Alabama. That project has been funded in 100 years. ures at Lakeshore Park in Knoxville, Ten- the Operation and Maintenance account. The The conference agreement includes lan- nessee. amount provided for the Section 1135 pro- guage proposed by the Senate which directs The conference agreement includes lan- gram includes $250,000 for a feasibility study the Corps of Engineers to conduct technical guage proposed by the Senate which directs of restoration activities at Horseshoe Lake, studies of individual ditch systems identified the Corps of Engineers to continue the Arkansas, and $400,000 for the Tunica Lake by the State of Hawaii and to assist the Dickenson County, Virginia, Detailed Weir, Mississippi, project. State in diversification by helping define the Project Report. The amount provided for the Section 206 cost of repairing and maintaining selected The conferees have included language pro- program includes $100,000 for the Milford ditch systems. The conference agreement posed by the Senate providing that the non- Pond restoration project in Massachusetts; also includes language proposed by the Sen- Federal sponsor for the Lebanon, New Hamp- $10,000 for the Borough of Fair Haven, Mon- ate which directs the Corps of Engineers to shire, project shall receive credit toward the mouth County, New Jersey, project; and use $1,300,000 to continue construction of the non-Federal cost of the project for work per- $10,000 for the Grover’s Mill Pond, Township Kaumalapau Harbor, Hawaii, project. formed before execution of the project co- of West Windsor, Mercer County, New Jer- The conferees have agreed to include lan- operation agreement. sey, project. Funds are not included for the guage proposed by the Senate regarding the The conference agreement includes lan- Lake Weamaconk, New York, project and the Brunswick County Beaches, North Carolina, guage proposed by the House under Oper- Oak Orchard Creek and Tonawanda Creek project. The language has been amended to ation and Maintenance regarding the Rari- Watersheds, New York, project. As part of direct the Corps of Engineers to continue tan River Basin, Green Brook Sub-Basin, the fiscal year 2001 appropriations process, preparation of a General Reevaluation Re- New Jersey, project. The Senate had pro- the Secretary of the Army was directed to port for the Oak Island, Caswell Beach, and posed similar language under General Provi- reimburse the East Bay Municipal Utility Holden Beach segments of the project. sions, Corps of Engineers—Civil. District for expenses at Penn Mine located in The conference agreement includes lan- The conference agreement deletes lan- Calaveras County, California. The conferees guage proposed by the Senate directing the guage proposed by the Senate regarding the have learned that reimbursement has not oc- Corps of Engineers to undertake the Bowie Horseshoe Lake, Arkansas, project. Funds curred as required. The conferees direct the County Levee, Texas, project. for this project have been included within

VerDate 13-OCT-2001 06:52 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.097 pfrm01 PsN: H30PT1 H7428 CONGRESSIONAL RECORD — HOUSE October 30, 2001 the amount provided for the Section 1135 General instead of $1,864,464,000 as proposed The conference agreement includes lan- program. by the House and $1,833,263,000 as proposed by guage proposed by the House directing the The conference agreement deletes lan- the Senate. Corps of Engineers to perform cultural re- guage proposed by the Senate providing The conference agreement includes source mitigation and recreation improve- funds for the Red River Emergency Bank $29,600,000 for the Mobile Harbor, Alabama, ments at Waco Lake, Texas. The language Protection, Arkansas, project. The amount project. The amount provided includes has been amended to delete the dollar appropriated for Construction, General in- $5,000,000 for the Corps of Engineers to re- amount; however, the conference agreement cludes $3,000,000 for this project. move, transport, dispose, and remediate sedi- includes $1,500,000 for this project as pro- The conference agreement deletes lan- ments in the Arlington Channel and in the posed by the House. guage proposed by the Senate regarding the Garrows Bend Channel in Mobile Harbor, The conferees have included language pro- Embrey Dam, Virginia, project. Funds for Alabama, and in areas adjacent to these Fed- posed by the House which directs the Corps this project have been included in the eral navigation channels. The conferees have of Engineers to grade the basin within the amount appropriated for Construction, Gen- included language in the bill directing the Hansen Dam feature of the Los Angeles eral. Corps of Engineers to proceed with this County Drainage Area, California, project to The conferees direct that $2,000,000 of the work. enhance and maintain flood control and pro- funds provided in the Consolidated Appro- The conference agreement includes vide for future use of the basin for compat- priations Act, 2001, for the Abandoned and $1,000,000 above the budget request for the St. Inactive Noncoal Mine Restoration Program ible purposes consistent with the Master Mary’s River, Michigan, project for addi- Plan. The language has been amended to de- shall be provided for clean-up activities in tional dredging of the lower St. Mary’s Nevada. lete the dollar amount; however, the con- River. ference agreement includes $2,000,000 for this FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBU- The conferees have provided $9,911,000 for work as proposed by the House. TARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOU- the Garrison Dam, Lake Sakakawea, North The conference agreement includes lan- ISIANA, MISSISSIPPI, MISSOURI, AND TEN- Dakota, project, an increase of $800,000 over guage proposed by the House which directs NESSEE the budget request. The additional funds are the Corps of Engineers to investigate the de- The conference agreement appropriates provided for maintenance and upgrading of velopment of an upland disposal site recy- $345,992,000 for Flood Control, Mississippi recreational facilities and for mosquito con- cling program. The language has been River and Tributaries, instead of $347,655,000 trol in Williston, North Dakota. amended so that the following projects are Of the amount provided for the Delaware as proposed by the House and $328,011,000 as to be included in this program: Black War- River, Philadelphia to the Sea, project, proposed by the Senate. rior and Tombigbee Rivers; Alabama—Coosa $2,000,000 is for the Corps of Engineers to con- The conference agreement includes Rivers; and Mobile River. The language has $45,000,000 for the Channel Improvement con- tinue construction of facilities to control been amended to delete the dollar amount; struction program. The amount provided in- erosion of the shoreline in the vicinity of however, the conference agreement includes cludes $500,000 to initiate dike construction Pea Patch Island located in the Delaware $1,000,000 for the work as proposed by the at Keyes Point, Arkansas; Kate Aubrey, Ar- River east of Delaware City, Delaware. House. kansas; and Ashport-Goldust, Arkansas and The conferees direct the Corps of Engineers The conference agreement includes lan- Tennessee. to use the funds provided above the budget The conference agreement includes request for the Francis E. Walter Dam, guage proposed by the Senate which directs $49,547,000 for the Mississippi River Levees Pennsylvania, project to conduct a road relo- the Corps of Engineers to reimburse the construction program. The amount provided cation study at the dam. State of Delaware for operation and mainte- includes $4,100,000 to construct improve- The amounts provided above the budget re- nance costs incurred by the State for the ments in the vicinity of New Madrid, Mis- quest for the Little Goose Lock and Dam, SR1 Bridge over the Chesapeake and Dela- souri, as described in the House Report. In Washington; The Dalles Lock and Dam, Or- ware Canal. addition, the conferees have included $600,000 egon and Washington; Bonneville Lock and The conferees have included language pro- for the Corps of Engineers to prepare a de- Dam, Oregon and Washington; and John Day posed by the Senate directing the Corps of sign and cost estimate for the Lower Mis- Lock and Dam, Oregon and Washington, Engineers to remove and reinstall the docks sissippi River Museum and Riverfront Inter- projects are to fund new requirements imple- and causeway at Astoria East Boat Basin in pretive Site at Vicksburg, Mississippi, gen- menting the Federal Columbia River Power Oregon. The language has been amended to erally in accordance with the conceptual System biological opinion. also direct the Corps of Engineers to con- plan prepared by the City of Vicksburg, as Pursuant to Public Law 105–104 and Public tinue the breakwater repairs at the project. authorized by the Water Resources Develop- Law 105–105, the States of Alabama, Florida, The language has also been amended to de- ment Act of 1992, and amended by the Water and Georgia have been engaged in negotia- lete the dollar amount; however, the con- Resources Development Act of 2000. tions since 1997 over the reallocation of ference agreement includes $3,000,000 for this The conference agreement includes water storage in Federal reservoirs operated work. $12,000,000 to continue construction of the by the Corps of Engineers in the Apalachi- The conferees have included language pro- Grand Prairie project in Arkansas, including cola-Chattahoochee-Flint and Alabama- posed by the Senate directing the Corps of construction of features to withdraw water Coosa-Tallaposa River Basins. The conferees Engineers to dredge a channel from the from the White River. The conferees are understand that the States may be close to mouth of Wheeling Creek to Tunnel Green aware that the irrigation district that would reaching an agreement on new allocation Park in Wheeling, West Virginia. The lan- be the local sponsor for this project has not formulas that will reallocate storage at the guage has been amended to delete the dollar yet been formed. Formation of the district Federal reservoirs located on these river ba- amount; however, the conference agreement would be a significant step in advancing this sins. The conferees recognize that these includes $2,000,000 for this project as pro- project. projects were constructed pursuant to Acts posed by the Senate. The conferees have provided $25,400,000 for of Congress which prescribed how the res- The conference agreement includes lan- the Atchafalaya Basin project and direct the ervoirs shall operate. The conferees there- guage proposed by the Senate which provides Corps of Engineers to use these funds for the fore request that the Corps report to the for the development of a long-term dredged Bayou Yokely pumping station and other House and Senate Committees on Appropria- material management plan for the Apalachi- projects within the basin. Further, the con- tions on how the Corps will account for hy- cola, Chattahoochee, and Flint Rivers ferees restrict funds from being used on any dropower benefits lost as a result of the new project. The language has been amended to action that would decrease the water quality allocation formulas. provide that $4,900,000 shall be available for on Bayou Lafourche until water quality ex- The conference agreement includes the dredged material management plan and perts responsible for municipal water sup- $5,000,000 for the transfer of the Fox River the $8,000,000 shall be available for operation plies from the bayou support these project project in Wisconsin to the State of Wis- and maintenance of the project. elements. consin. The conferees are aware that addi- The conference agreement deletes lan- The conferees recognize that the realiza- tional funds will be required to complete the guage proposed by the House regarding the tion of benefits derived from the Atchafalaya transfer, and urge the Corps of Engineers to Raritan River Basin, Green Brook Sub- Basin Floodway System project is dependent reprogram the necessary funds in fiscal year Basin, New Jersey, project. This language upon the continuation of construction engi- 2002. If the transfer cannot be completed in has been included under the Construction, neering and design work for water manage- fiscal year 2002, it is the intent of the con- General account. ment and recreational features of the Myette ferees to provide the additional funds in fis- The conference agreement deletes lan- Point, Buffalo Cove, and Flat Lake elements. cal year 2003 for this effort. guage proposed by the Senate providing The Corps of Engineers is directed to con- The conferees are aware of the lead-time funds for a study of the best use of sand tinue work on these components. required to repair and rehabilitate rec- dredged from Morehead City Harbor, North The conference agreement includes lan- reational facilities for the upcoming Lewis Carolina, and providing funds for dredging of guage directing the Corps of Engineers to and Clark Bicentennial Commemoration. the Sagamore Creek Channel in New Hamp- convey certain real property to the Board of Therefore, the Corps of Engineers may, with- shire. Funds for these projects have been Mississippi Levee Commissioners. in available funds, perform maintenance and provided in the amount appropriated for Op- OPERATION AND MAINTENANCE, GENERAL repair of these facilities as is considered nec- eration and Maintenance, General. The conference agreement appropriates essary to accommodate the anticipated vis- The conference agreement deletes lan- $1,874,803,000 for Operation and Maintenance, itor population. guage proposed by the Senate providing

VerDate 13-OCT-2001 06:52 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.099 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7429 funds for activities related to selection of a recting the Secretary of the Army to trans- Section 114. The conference agreement in- permanent disposal site for environmentally fer property at Tuttle Creek Lake, Kansas, cludes language amending the authorization sound dredged material from projects in the to the Blue Township Fire District, Blue for the Ramapo River at Oakland, New Jer- State of Rhode Island. Funds for this work Township, Kansas. sey, project. are included in the amount provided for the Section 102. The conference agreement in- Section 115. The conference agreement in- Providence River and Harbor project. cludes language proposed by the House which The conferees agree that centralized man- cludes language proposed by the House re- directs the Secretary of the Army to carry garding the use of the dredge McFARLAND. agement of project funds is efficient and is out shore protection projects in accordance allowed under current guidelines for certain The provision has been amended by deleting with the cost sharing provisions contained in the reference to placing the dredge in the ac- activities. These activities include but are existing project cooperation agreements not limited to the program development sys- tive ready reserve. The conferees agree that with an amendment to include the text of this limitation on the use of the McFAR- tem known as the Automated Budget Sys- section 111 of the Senate bill which provides tem; the National Recreation Reservation LAND should not be considered a precedent that the Secretary of the Army may not ac- for any other Corps of Engineers dredge, es- System; the provision of uniforms for those cept or solicit non-Federal contributions for required to wear them; the Volunteer Clear- pecially any dredge operating in the ports shore protection projects in excess of the and harbors of the Northwest, where fewer inghouse; the Water Safety Program; the minimum requirements established by law. transition from government-owned/con- commercial dredges are available and travel Section 103. The conference agreement in- times to move dredges to that part of coun- tractor-operated to private ownership and cludes language proposed by the Senate operation of the SHOALS system; and the try are longer than on the east and gulf which places a limit on credits and reim- coasts. The conferees direct the General Ac- Sign Standards Program. The conferees di- bursements allowable per project and annu- rect the Corps of Engineers to disclose the counting Office to conduct an economic and ally. technical study to evaluate the benefits and costs of these activities in its budget jus- Section 104. The conference agreement in- impacts of the minimum dredge fleet. The tifications. cludes language proposed by the Senate study shall include an assessment on the ca- which directs that none of the funds made FLOOD CONTROL AND COASTAL EMERGENCIES pability and capacity of the private dredging available in fiscal year 2002 may used to (RESCISSION) industry to effectively respond to and ac- carry out any activity related to closure or The conferees have agreed to rescind complish the unique work the dredge removal of the St. Georges Bridge across the $25,000,000 of the $50,000,000 appropriated in McFARLAND has historically performed, Intracoastal Waterway, Delaware River to Public Law 107–20 for Flood Control and with the viewpoints of all stakeholders in- Chesapeake Bay. Coastal Emergencies. Corps of Engineers re- cluded. The conferees expect the study to be Section 105. The conference agreement in- quirements under this program have been completed within 180 days and the results cludes language proposed by the Senate less than anticipated. transmitted to the authorization and appro- which provides that the non-Federal sponsor priations committees. REGULATORY PROGRAM for the Lava Hot Springs Restoration project The conference agreement appropriates in Idaho shall receive credit for lands, ease- Section 116. The conference agreement in- $127,000,000 for the Regulatory Program in- ments, relocations, rights-of-way, and dis- cludes language proposed by the Senate re- stead of $128,000,000 as proposed by the House posal areas acquired before execution of the garding revisions to the Missouri River Mas- and the Senate. project cooperation agreement. ter Water Control Manual. FORMERLY UTILIZED SITES REMEDIAL ACTION Section 106. The conference agreement in- Provisions not included in the conference PROGRAM cludes language proposed by the Senate agreement.—The conference agreement does The conference agreement appropriates amending the authorization for the Guada- not include language proposed by the House $140,000,000 for the Formerly Utilized Sites lupe River, California, project. regarding the San Gabriel Basin Restoration Remedial Action Program as proposed by the Section 107. The conference agreement in- Project in California. This matter has been House and the Senate. cludes language proposed by the Senate re- addressed in Title II. garding a designation of nonnavigability for REVOLVING FUND The conference agreement does not include portions of Gloucester County, New Jersey. language proposed by the House regarding The conferees have learned that the Corps Section 108. The conference agreement in- revisions to the Missouri River Master Water of Engineers is considering a proposal to fi- cludes language proposed by the Senate Control Manual. nance a major new software development making technical corrections to the author- from the assets of the Revolving Fund. This ization for the Nome Harbor, Alaska, The conference agreement deletes lan- Fund was established in 1953 to acquire plant project. guage proposed by the Senate regarding and equipment that would be utilized by Section 109. The conference agreement in- funding for the Demonstration Erosion Con- more than one project. The conferees have cludes language proposed by the Senate trol project in Mississippi, and the Perry noted that in recent years the Fund has been which amends section 211 of the Water Re- Lake, Kansas, project. Funding for those used to acquire and develop automation sys- sources Development Act of 2000. The lan- projects is included in the amounts appro- tems and have from time to time expressed guage has been amended to make a technical priated for Flood Control, Mississippi River concern with this use of the Fund. Before the correction. and Tributaries, and Operation and Mainte- conferees will concur in further use of the Section 110. The conference agreement in- nance, General, respectively. Fund in this manner, the Corps is directed to cludes language proposed by the Senate The conference agreement deletes lan- present appropriate justification to the which extends the authorization for appro- guage proposed by the Senate regarding the House and Senate Appropriations Sub- priations for the Missouri and Middle Mis- Mad Creek flood control project, which has committees on Energy and Water Develop- sissippi Rivers Enhancement Project by one been funded within the amount provided for ment. This justification must include an ap- year. the section 205 program under Construction, propriate and complete economic analysis. Section 111. The conference agreement General. GENERAL EXPENSES amends language proposed by the Senate re- garding the correction of a design deficiency The conference agreement deletes lan- The conference agreement appropriates guage proposed by the Senate regarding $153,000,000 for General Expenses as proposed for the Fort Fairfield, Maine, project. Section 112. The conference agreement in- dredging of the McClellan-Kerr Arkansas by the House and the Senate. The conference River Navigation Project. The conferees agreement includes language proposed by the cludes language proposed by the Senate di- recting the Secretary of the Army to reas- agree that the Corps of Engineers should un- House which prohibits the use of funds to dertake advance maintenance of the project support a congressional affairs office within sess the allocation of Federal and non-Fed- eral costs for construction of the Cerrillos when appropriate to facilitate the movement the executive office of the Chief of Engi- of commercial navigation traffic. neers. Dam project in Puerto Rico. Section 113. The conference agreement in- The conference agreement deletes lan- GENERAL PROVISIONS cludes language proposed by the Senate guage proposed by the Senate regarding the CORPS OF ENGINEERS-CIVIL amending the cost sharing provisions of sec- Raritan River Basin, Green Brook Sub- Section 101. The conference agreement in- tion 704 of the Water Resources Development Basin, New Jersey, project. This matter has cludes language proposed by the House di- Act of 1986. been addressed under Construction, General.

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VerDate 13-OCT-2001 08:38 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00117 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.102 pfrm01 PsN: H30PT1 EH301001.046 H7476 CONGRESSIONAL RECORD — HOUSE October 30, 2001 TITLE II payment obligations; $950,000 for water qual- Loan Program Account as proposed by the DEPARTMENT OF THE INTERIOR ity studies and improvements; $1,900,000 for House and the Senate. the Bureau of Reclamation’s purchase of CENTRAL UTAH PROJECT CENTRAL VALLEY PROJECT RESTORATION FUND water; and for associated program manage- The conference agreement appropriates CENTRAL UTAH PROJECT COMPLETION ment. The conferees direct the Bureau of $55,039,000 for the Central Valley Project ACCOUNT Reclamation to consult with the U.S. Fish Restoration Fund as proposed by the House The conference agreement appropriates and Wildlife Service on the silvery minnow and the Senate. $36,228,000 to carry out the provisions of the monitoring and habitat efforts. In addition, Within the amount appropriated for the Central Utah Project Completion Act as pro- the Bureau of Reclamation is directed to col- Central Valley Project Restoration Fund, posed by the House and the Senate. The con- laborate with universities in geographical the conferees expect the Bureau of Reclama- ferees are in agreement with the language in proximity to the silvery minnow and pos- the Senate report regarding the Uinta Basin sessing established experience and expertise tion to use $9,000,000 for the Anadromous Replacement Project. in working with the silvery minnow. Fish Screen Program, including work on the American Basin Fish Screen and Habitat Im- BUREAU OF RECLAMATION The Colorado River Quantification Settle- ment Agreement is critically important to provement Project (Natomas Municipal The summary tables at the end of this title the long-term reliability of water supplies in Water Company) as well as the fish screen set forth the conference agreement with re- Southern California and the entire South- projects being undertaken by the Sutter Mu- spect to the individual appropriations, pro- west. The conferees urge the Secretary of the tual Water Company and Reclamation Dis- grams, and activities of the Bureau of Rec- Interior and parties to the Agreement to trict 108. lamation. Additional items of conference make every effort to bring about its timely CALIFORNIA BAY-DELTA ECOSYSTEM agreement are discussed below. and cost-effective implementation, including RESTORATION WATER AND RELATED RESOURCES identifying the administrative and legisla- The conference agreement includes no The conference agreement appropriates tive actions necessary to meet the applicable funds for the California Bay-Delta Eco- $762,531,000 for Water and Related Resources deadlines. system Restoration program as proposed by instead of $691,160,000 as proposed by the The conferees have provided $15,000,000 for the House and the Senate. House and $732,496,000 as proposed by the the Klamath Project in Oregon. Of that The conferees have provided an additional Senate. amount, $5,000,000 is to continue construc- $30,000,000 within the various units of the The amount provided for the American tion of the A-Canal. Central Valley Project under the Water and River Division of the Central Valley Project The conference agreement includes Related Resources account for activities $2,582,000 for the Drought Emergency Assist- includes $3,500,000 for the Bureau of Rec- that support the goals of the California Bay- ance program. Within that amount, $2,000,000 lamation to reimburse the City of Folsom, Delta Ecosystem Restoration Program, in- is for the Bureau of Reclamation to establish California, for costs associated with the re- stead of $40,000,000 as proposed by the Senate. a Weather Damage Modification Program, placement of the Natoma Pipeline System, The conferees are aware that legislation to including a regional weather modification which is owned and operated by the Bureau authorize this multi-year, multi-billion dol- research program involving the states of of Reclamation and is the single water sup- lar program has been introduced in the Oklahoma, Texas, Kansas, New Mexico, and ply source for the City. House and the Senate, but has yet to be en- Nevada. In addition, funds may be made The amount provided for the East Side Di- acted. Absent such an authorization, it will available for leasing of water for specific vision of the Central Valley Project includes be difficult for the Congress to continue its $1,000,000 for water and sewer system up- drought related purposes from willing lessors in compliance with existing State laws and support for this program. Therefore, the con- grades and a visitor capacity study at New ferees strongly urge the parties involved to Melones Lake. administered under State water priority al- location. Such leases may be entered into work to enact an authorization for the pro- The amount provided for Miscellaneous gram so additional funding can be considered Project Programs of the Central Valley with an option to purchase provided that the purchase is approved by the State in which in the fiscal year 2003 appropriations cycle. Project includes an additional $1,000,000 for The additional funds provided in support of the Banta-Carbona Irrigation District’s fish the purchase takes place and the purchase does not cause economic harm within the the program are to be used as follows: screen project. Delta Division: $7,500,000 for oversight ac- The amount provided for the Sacramento State in which the purchase is made. Within the amount provided for the Wet- tivities; $1,000,000 for planning activities as- River Division of the Central Valley Project lands Development Program, $500,000 is for sociated with enlarging Los Vaqueros Res- includes $2,600,000 for the Glenn-Colusa Irri- the Bureau of Reclamation to undertake a ervoir; $200,000 for the DMC Intertie with the gation District Fish Screen Improvement project to restore natural vegetation along California Aqueduct; $150,000 to evaluate op- Project; $750,000 for detailed, site-specific en- the lower Colorado River in the vicinity of erations alternatives for the Delta Cross vironmental assessment and permitting Yuma, Arizona. Channel Reoperation; and $3,000,000 to con- work associated with Sites Reservoir, includ- The conference agreement includes lan- struct the Tracy Test Fish Facility. ing an evaluation of both the GCID Main guage which provides that $12,000,000 of the Friant Division: $2,500,000 to continue de- Canal and the Tehama-Colusa Canal as a funds appropriated for Water and Related veloping a plan of study for an investigation means to convey water to the proposed res- Resources shall be deposited in the San Ga- of storage in the Upper San Joaquin Water- ervoir; and $300,000 for the Colusa Basin briel Basin, California, Restoration Fund, of shed. Drainage District’s Integrated Resources which $1,000,000 shall be for remediation in Miscellaneous Project Programs: $12,500,000 Management Plan. the Central Basin Municipal Water District. for the Environmental Water Account; The conference agreement provides The conference agreement includes lan- $200,000 for water use efficiency pilot studies; $2,500,000 for the Lake Tahoe Regional Wet- guage proposed by the Senate providing and $200,000 to conduct a NEPA analysis and lands Development program. In addition to $1,500,000 to complete a feasibility study for operate the clearinghouse for the water the individual projects referenced in the the Sante Fe—Pojoaque Regional Water Sys- transfer program. House and Senate reports, the conferees tem in New Mexico. Sacramento River Division: $750,000 to con- agree that the funds may be used for projects The conference agreement deletes lan- tinue planning activities related to Sites throughout the Lake Tahoe basin in Cali- guage proposed by the Senate making Reservoir. fornia and Nevada. $4,000,000 available for the West River/Lyman San Felipe Division: $100,000 to provide The conferees have provided an additional Jones Rural Water System to provide rural, technical assistance to the Santa Clara Val- $11,200,000 for the Middle Rio Grande, New municipal, and industrial drinking water for ley Water District in conducting operational Mexico, project for the Bureau of Reclama- Philip, South Dakota. Funds for this work appraisal studies. tion to continue the efforts of the Middle Rio have been provided within the amount avail- Shasta Division: $1,900,000 to continue Grande Collaborative Program Workgroup able for the Mni Wiconi project. evaluating the potential impacts of the pro- and its support activities to water users and The conference agreement deletes lan- posed Shasta Dam raise. species along the Middle Rio Grande. These guage proposed by the Senate regarding fi- POLICY AND ADMINISTRATION efforts are intended to promote long and nancial assistance for the preparation of The conference agreement appropriates short term activities, with priority given to drought contingency plans. $52,968,000 for Policy and Administration as fulfillment of biological opinion require- The conference agreement deletes lan- proposed by the House and the Senate. ments, to benefit species and water users guage proposed by the Senate providing pursuant to a Memorandum of Under- funds for the Hopi/Western Navajo Water De- GENERAL PROVISIONS standing signed by the relevant agencies and velopment Plan in Arizona, and the Savage DEPARTMENT OF THE INTERIOR interested parties. The additional funds pro- Rapids Dam on the Rogue River in Oregon. Section 201. The conference agreement in- vided are for the following activities: Funds for these projects have been included cludes language authorizing the Bureau of $4,300,000 for modifications to river habitat; within the amount appropriated for Water Reclamation to continue its program of pro- $2,180,000 for silvery minnow population and Related Resources. viding grants to institutions of higher learn- management; $1,100,000 for monitoring of BUREAU OF RECLAMATION LOAN PROGRAM ing to support the training of Native Ameri- stream effects on the silvery minnow; ACCOUNT cans to manage natural resources. $120,000 to combat non-native species; The conference agreement appropriates Section 202. The conference agreement in- $640,000 for the Bureau of Reclamation’s re- $7,495,000 for the Bureau of Reclamation cludes language amending the authorization

VerDate 13-OCT-2001 08:38 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00118 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.103 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7477 for the San Gabriel Basin Restoration in California. The Senate had proposed simi- garding the issuance of permits for commer- project. lar language under General Provisions, De- cial rafting within the Auburn State Recre- Section 203. The conference agreement in- partment of the Interior. ation Area, California. cludes language proposed by the Senate re- Section 206. The conference agreement in- garding refunds of fees assessed for failure to cludes language proposed by the Senate re- Section 209. The conference agreement file certain certification or reporting forms garding the valve rehabilitation project at amends House language regarding the make- under the Reclamation Reform Act. the Arrowrock Dam on the Arrowrock Divi- up of water shortages caused by the oper- Section 204. The conference agreement in- sion of the Boise project in Idaho. ation of Folsom Dam and Reservoir in Cali- cludes language proposed by the Senate re- Section 207. The conference agreement in- fornia for flood control. garding the Lower Colorado River Basin De- cludes language proposed by the Senate es- velopment Fund. tablishing requirements for the purchase or Provisions not included in the conference Section 205. The conference agreement in- lease of water from the Middle Rio Grande or agreement.—The conference agreement does cludes language proposed by the House under Carlsbad projects in New Mexico. not include language proposed by the Senate Title V, General Provisions regarding the Section 208. The conference agreement in- regarding the use of funds provided for San Luis Unit and the Kesterson Reservoir cludes language proposed by the House re- Drought Emergency Assistance.

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VerDate 13-OCT-2001 08:38 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00127 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.104 pfrm01 PsN: H30PT1 EH301001.054 H7486 CONGRESSIONAL RECORD — HOUSE October 30, 2001

VerDate 13-OCT-2001 08:38 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00128 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.104 pfrm01 PsN: H30PT1 EH301001.055 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7487 TITLE III expenditures on maintenance for its com- ferently than any of the military services DEPARTMENT OF ENERGY plex. which, for example, use ‘‘corporate’’ congres- For new construction projects requested in sional affairs offices to interface between the The summary tables at the end of this title fiscal year 2003, the conferees expect the Congress and all sub-elements of head- set forth the conference agreement with re- budget to show the square footage of each quarters organizations including agency in- spect to the individual appropriations, pro- new project, and request funding for elimi- spector generals. grams, and activities of the Department of nation by transfer, sale, or demolition of ex- Fragmentation of administrative support Energy. Additional items of conference cess buildings and facilities of equivalent functions may also dilute the ability of the agreement are discussed below. size. This excess reduction to new construc- Secretary of Energy to manage the Depart- PROJECT MANAGEMENT tion formula does not apply to environ- ment to meet Departmental strategic goals The conferees strongly support efforts of mental management closure sites. The con- such as improved financial and contract the Office of Engineering and Construction ferees expect the fiscal year 2003 budget to management. To the extent that the Depart- Management (OECM) to improve the Depart- contain funds to eliminate excess facilities ment invests in unnecessary administrative ment’s construction and project manage- based on the greatest impact on long-term support costs in a fixed or limited growth ment. The Department has announced plans costs and risks. The Department should budget environment, resources are diverted to merge the Office of the Chief Financial Of- apply this requirement to each site. Only if from higher-priority mission areas. ficer (the current location of OECM) with the deemed impracticable due to critical mission In submitting the plan on the staffing ef- Office of Management and Administration to requirements, through a case-by-case waiver fects of the NNSA legislation and subsequent form a new Office of Management, Budget approved by the Secretary through the Chief implementation, the conferees encourage the and Evaluation. The Committees on Appro- Financial Officer, should the requirement be Secretary to focus on ensuring that the De- priations have been assured that this change met through the reduction of excess facili- partment of Energy has the optimal adminis- will broaden the duties, scope, responsibil- ties at another site. The Department will trative support structure to maximize mis- ities, and authorities of OECM. The con- collect information from all sites on the sion effectiveness and minimize administra- ferees understand that the Department in- square footage of excess property sold, trans- tive support costs. As stated in the House re- tends to enable OECM to more effectively ferred, or demolished each year and submit a port, the conferees encourage the Secretary bring needed culture changes to its project report 45 days after the President’s budget is to submit legislative proposals where appro- management community. presented to Congress. priate to meet this objective. Congress supported creation of OECM as a The conferees expect the Chief Financial ALTERNATIVE FINANCING APPROACHES final attempt to correct the Department’s Officer to issue such directives as are nec- The Secretary of Energy is directed to con- weaknesses in project management. The con- essary to ensure that: each site prepares a duct a study of alternative financing ap- ferees expect OECM to be fully funded to ten-year site plan; annual property reports proaches, to include third-party-type meth- support enhanced systems development and reflect accurately the Department’s entire ods, for infrastructure and facility construc- deployment, training, process improvements, real property inventory, including the cur- tion projects across the Department. This and accountability. The conferees acknowl- rent status of maintenance and disposition study is due to the House and Senate Com- edge that the expanded mission of this office of excess property at each site; program mittees on Appropriations by March 30, 2002. encompasses project closure, facilities, and budgets request funding for elimination of infrastructure management activities and excess facilities by square footage propor- EXTERNAL REGULATION urge the Secretary to give priority to retain- tional to new facilities requested; and The Department is directed to prepare an ing within the Department the technical project and real property offices in the field implementation plan for the transition to skills needed for federal project and real adhere to corporate guidelines for managing external regulation at the Department’s non- property management. The conferees rec- new projects, closeouts, and maintenance of defense science laboratories. For the purpose ommend that, at each site, the Secretary all facilities. of preparing this plan, the Department designate a management office to coordinate DEPARTMENT OF ENERGY STAFFING should assume that the Nuclear Regulatory project and real property management im- Commission (NRC) would take over regu- The conferees share the concerns raised by provements with this headquarters office. latory responsibility for nuclear safety at the House that the new National Nuclear Se- The conferees also expect the National Re- the Department’s non-defense science lab- curity Administration (NNSA) structure search Council to continue to monitor the oratories, and the Occupational Safety and may have had the unintended consequence of Department’s efforts in project management. Health Administration (OSHA) would take unnecessarily increasing the Department’s over regulatory responsibility for worker FACILITIES AND INFRASTRUCTURE overall personnel costs, particularly at the safety at these laboratories. The conferees The conferees have provided funding in headquarters, from a Department-wide per- expect the Department to coordinate with several programs for facilities and infra- spective. The conferees further agree that NRC and OSHA, and to build upon the pre- structure improvement projects to allow the the Secretary of Energy should submit a re- vious external regulation pilot programs, in Department to begin to correct its worst de- port to the Appropriations and Armed Serv- developing this plan. For planning purposes, ferred maintenance deficiencies and elimi- ices Committees of Congress concerning external regulation would apply to the five nate excess facilities. The conferees make staffing increases arising from the creation multiprogram and five single-purpose labora- this initial investment in critical infrastruc- of NNSA, as the House intended, as well as tories under the Office of Science, and the ture so the Department can begin to insti- the ‘‘before and after’’ staffing levels of each Department should assume external regula- tute life-cycle asset management improve- office and activity affected by the reorga- tion to become effective beginning in fiscal ment processes throughout its complex and nization. However, the report should also ad- year 2004. The implementation plan for ex- expect that at least 25 percent of the funds dress the broader administrative support ternal regulation is not to address nuclear provided will be spent to eliminate excess fa- staffing concerns below and potential staff- weapons facilities, environmental remedi- cilities. ing reductions to NNSA or other DOE offices ation sites, or other Department labora- The conferees direct each site (not slated if administrative support functions could be tories, facilities, and sites. The implementa- for closure) to prepare a ten-year site plan staffed more efficiently. The Secretary shall tion plan should address all details necessary prescribing space utilization activities that submit the report by January 31, 2002. to implement external regulation, including stabilize, then reduce its baseline for main- With the new NNSA organization now in an estimate of the additional resources need- tenance costs by: (1) consolidating oper- place, this affords a good opportunity for the ed by the NRC and OSHA, corresponding re- ations where practicable; (2) eliminating ex- Secretary of Energy and the Congress to ductions in funding and staffing at the De- cess buildings; (3) employing cost effi- take a fresh look at the management, effec- partment, specific facilities or classes of fa- ciencies; and (4) addressing mission-critical tiveness, and cost-effectiveness of the De- cilities for which external regulation cannot requirements through an appropriate mix of partment of Energy’s administrative support be implemented in a timely manner, nec- renovations and new construction. functions at both the headquarters and field essary changes to existing management and Beginning in fiscal year 2003, to ensure sus- levels. Support functions include personnel, operating contracts, and changes in statu- tained improvement in project and real prop- finance, contracting, facilities management, tory language necessary to effect the transi- erty management, the conferees direct the vehicle management, logistics, information tion to external regulation. This plan is due Department to present an integrated facili- management, public affairs, and congres- to the House and Senate Committees on Ap- ties and infrastructure budget request. This sional affairs. propriations by May 31, 2002. Note that this budget should identify program maintenance The conferees note that other organiza- provision only requires the Department to projects for buildings and facilities by site. tions in the Department of Energy, such as produce an implementation plan for external To the extent that indirect funding supports the Inspector General and Naval Reactors, regulation for a limited set of DOE facilities; maintenance, the budget should also report, independently perform some of their own ad- the actual transition to external regulation by site, expenditures in the previous year ministrative support functions such as con- for those facilities will require additional and estimate the percentage to be applied in gressional affairs. The Inspector General of legislative direction. fiscal year 2003. The conferees expect the De- the Department of Energy has interpreted partment to retain up-to-date corporate- its charter under the Inspector Generals Act, REPROGRAMMINGS level management information on the condi- particularly in regards to its perceived need The conference agreement does not provide tion of its buildings and facilities and annual to conduct its own congressional affairs, dif- the Department of Energy with any internal

VerDate 13-OCT-2001 08:38 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00129 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.105 pfrm01 PsN: H30PT1 H7488 CONGRESSIONAL RECORD — HOUSE October 30, 2001 reprogramming flexibility in fiscal year 2002 cility in California; $2,000,000 to support a hydroelectric power generation facility at unless specifically identified by the House, cost-shared agricultural mixed waste bio- Gustavus, Alaska, subject to a local match Senate, or conference agreement. Any re- refinery in Alabama using the thermal for construction; and $1,900,000 for the com- allocation of new or prior year budget au- depolymerization technology; $1,500,000 to pletion of the Power Creek hydroelectric thority or prior year deobligations must be support the Black Belt Bioenergy Dem- project in Alaska. No additional funds will submitted to the House and Senate Commit- onstration Project in Alabama; $1,000,000 for be made available for this project. tees on Appropriations in advance, in writ- microcombustion research at Oak Ridge Na- Solar Energy.—The conference agreement ing, and may not be implemented prior to tional Laboratory in collaboration with the includes $95,000,000 for solar energy pro- approval by the Committees. technology’s inventor; $2,000,000 for the Bio- grams. The conferees have combined the con- centrating solar power, photovoltaic energy LABORATORY DIRECTED RESEARCH AND renewable Resource Consortium; $3,000,000 systems, and solar building technology sub- DEVELOPMENT for the Iroquois Bio-Energy Cooperative project in Indiana; $3,000,000 for the Gridley programs into a single program for solar en- The conference agreement does not include Rice Straw project in California; and ergy. The conferees urge the Department to bill language proposed by either the House or $1,000,000 for the switchgrass project of the fund these subprograms in roughly the same the Senate regarding the Laboratory Di- Great Plains Institute for Sustainable Devel- proportions as they were funded in fiscal rected Research and Development (LDRD) opment in Minnesota. year 2001. program. The conferees recognize the bene- The conference agreement includes The conference agreement includes fits of LDRD and expect LDRD activities to $4,000,000 for the Iowa switchgrass project; $8,700,000 for basic research/university pro- continue at previously authorized levels. $1,000,000 for the Consortium for Plant Bio- grams on photovoltaics; $18,500,000 to con- However, when accepting funds from another technology Research; $3,000,000 for the tinue the thin film partnership program; federal agency that will be used for LDRD McNeil biomass plant in Burlington, $3,000,000 for continuation of the Million activities, the Department of Energy shall Vermont, and $750,000 for the methane en- Solar Roofs program; $2,000,000 for the notify that agency in writing how much will ergy and agriculture development project in Southeast and Southwest photovoltaic ex- be used for LDRD activities. In addition, the Tillamook Bay, Oregon. The conference periment stations; and $3,000,000 for the Nav- conferees direct the Secretary of Energy to agreement includes $1,000,000 for the continu- ajo electrification project. The Department include in the annual report to Congress on ation and expansion of the ongoing dem- is directed to continue with deployment of all LDRD activities an affirmation that all onstration of the oxygenated diesel fuel par- the 1.0 MW dish engine and to continue ac- LDRD activities derived from funds of other ticulate matter emission reduction project tivities associated with the 25kW dish sys- agencies have been conducted in a manner in Clark County, Nevada, the cities of River- tem. Additionally, the conferees direct the that supports science and technology devel- side, Compton, Linwood, and Pasadena, Cali- Department to develop and scope out an ini- opment that benefits the programs of the fornia, and Ventura County, California; tiative to fulfill the goal of having 1,000 MW sponsoring agencies and is consistent with $2,000,000 for the Michigan Biotechnology of new parabolic trough, power tower, and the Appropriations Acts that provided funds Initiative; $3,000,000 for the Prime LLC of dish engine solar capacity supplying the to those agencies. South Dakota integrated ethanol complex, southwestern United States by the year 2006. ADDITIONAL DEPARTMENT OF ENERGY including an ethanol unit, waste treatment A report on this initiative is due to the REQUIREMENTS system, and enclosed cattle feed lot; $300,000 House and Senate Committees on Appropria- The conferees agree with the House report for the Biomass Energy Resource Center tions by March 1, 2002. language and support the reporting require- project in Vermont; $2,000,000 to continue the The conference agreement includes ments for basic research for energy tech- Sealaska ethanol project (subject to a non- $4,000,000 for technical analysis, technical as- nologies, independent centers, augmenting Federal match) at the fiscal year 2001 level; sistance, and the harmonization of multi- Federal staff, budget justification require- $3,000,000 for the Biomass Gasification Re- program activities that address the resource ments, sale of land, and reprogramming search Center in Birmingham, Alabama; and opportunities and electric power needs of the guidelines. $3,000,000 for the Winona, Mississippi, bio- southwestern United States. The expertise of mass project, where the current investment the National Renewable Energy Laboratory REDUCTIONS NECESSARY TO ACCOMMODATE in the plant shall count as the required dem- (NREL) is to be made available through a SPECIFIC PROGRAM DIRECTIONS onstration project cost share. The conferees site office in Nevada. NREL will provide ex- The Department is directed to provide a re- direct the Department to continue funding pertise through a virtual laboratory concept, port to the House and Senate Committees on for the Energy and Environment Research serving as a portal for electronic commu- Appropriations by January 15, 2002, on the Center at last year’s level. The conferees en- nications, information sharing, data actual application of any general reductions courage the Department to continue the in- warehousing, and partnerships among uni- of funding or use of prior year balances con- tegrated approach to bioenergy activities versities, researchers, technology developers, tained in the conference agreement. In gen- and recommend the use of up to $18,000,000 and those interested in deployment. eral, such reductions should not be applied within available funds for the Integrated Wind.—The conference agreement includes disproportionately against any program, Biomass Research and Development Pro- $41,000,000 for wind programs. The conferees project, or activity. However, the conferees gram. The conferees urge the Department to have provided $500,000 for the remote loca- are aware there may be instances where pro- form strong public-private-university part- tion pilot project at the Toledo Harbor portional reductions would adversely impact nerships in this program. Lighthouse; $1,000,000 for the Washington critical programs and other allocations may Geothermal.—The conference agreement in- Electric Cooperative wind energy generating be necessary. cludes $29,000,000 for geothermal activities. facility in Vermont; $500,000 for the Turtle ENERGY SUPPLY The conference agreement includes sufficient Mountain Community College project in The conference agreement provides funding to maintain university research on North Dakota; $1,000,000 for the Kotzebue $666,726,000 for Energy Supply instead of geothermal technologies at the fiscal year project in Alaska; $250,000 for a wind genera- $639,317,000 as proposed by the House and 2001 funding level of $2,600,000. The con- tion facility to serve St. Paul and Unalaska, $736,139,000 as proposed by the Senate. The ference agreement also includes $2,000,000 in Alaska; and $500,000 for the small wind pro- conference agreement does not include bill final funding for the Lake County Basin geo- gram being developed by the Vermont De- language proposed by the Senate earmarking thermal project in Lake County, California; partment of Public Service. The Wind funds for certain purposes. $2,000,000 for the Santa Rosa geysers project Powering America initiative is to be contin- in California; $2,500,000 for Geopowering the ued at last year’s funding level. RENEWABLE ENERGY RESOURCES West; and $1,000,000 for the UNR Geothermal Electric energy systems and storage.—The The conference agreement provides Energy Center demonstration project. conference agreement includes $63,000,000 for $396,000,000 instead of $376,817,000 as proposed Hydrogen.—The conference agreement in- electric energy systems and storage. The by the House and $435,600,000 as proposed by cludes $31,000,000 for hydrogen activities. The conferees have combined the subprograms the Senate for renewable energy resources. conference agreement includes $1,000,000 for for high temperature superconducting re- The conference agreement does not include the Fuel Cell Technology Assessment and search and development, energy storage sys- language specifying funding allocations as Demonstration at the University of Alabama tems, and transmission reliability into a sin- contained in the separate House and Senate at Birmingham; $350,000 for the Big Sky Eco- gle program for electric energy systems and reports. nomic Development Authority demonstra- storage. Biomass/biofuels.—The conference agree- tion fuel cell technologies; $500,000 for the The conference agreement includes ment includes $93,000,000 for biomass/ gasification of Iowa switchgrass and its use $4,000,000 to initiate field testing of alu- biofuels. The conferees have combined the in fuel cells; $1,500,000 for the ITM Syngas minum ceramic fiber composite conductors; subprograms for power systems and trans- project; $1,500,000 for the fuel cell installa- $1,000,000 for the fuel cell powered home portation into a single program for biomass/ tion project at Gallatin County, Montana; using the Smart Energy Management Con- biofuels and no longer provide separate allo- and $1,000,000 for continued demonstration of trol System in Alabama; $2,000,000 for the cations for power systems and transpor- the hydrogen locomotive and front-end load- UADispatch Outage Management System in tation. er projects. Alabama; $3,000,000 for distributed genera- The conference agreement includes Hydropower.—The conference agreement tion demonstration projects in Indiana, fo- $2,500,000 to support a cost-shared Agricul- includes $5,300,000 for hydropower. The con- cusing on the problems of interconnection, tural Waste Methane Power Generation Fa- ference agreement includes $400,000 to plan a grid impact, and remote dispatch; $1,000,000

VerDate 13-OCT-2001 08:38 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00130 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.106 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7489 to initiate development of a bipolar nickel contract with the nation’s sole remaining an increase of $7,500,000 over the budget re- metal hydride battery storage system; uranium converter for the purpose of per- quest. The conference agreement includes $2,000,000 for Glenallen power generation up- forming research and development to im- $4,000,000 for completion of the Generation grades, including extension of electricity to prove the environmental and economic per- IV Technology Roadmap; and $3,000,000 for residents of Lake Louise; $2,000,000 for the formance of U.S. uranium conversion oper- advanced reactor development consistent Kachemak Bay Power System to extend and ations. with the longer term recommendations of upgrade marine power cabling to provide Advanced radioisotope power systems.—The the Generation IV Technology Roadmap and power to the villages of Seldovia, Nanwalek, conference agreement includes $29,000,000 to to continue research begun in the current and Port Graham, Alaska; $3,000,000 for the maintain the infrastructure necessary to fiscal year on small, modular nuclear reac- Swan Lake-Lake Tyee electrical intertie support future national security needs and tors. The conferees encourage the Depart- pursuant to the Southeast Alaska intertie National Aeronautics and Space Administra- ment to implement the recommendations of authorization enacted into law last year; and tion missions. the Nuclear Energy Research Advisory Com- $3,000,000 to complete the Prince of Wales Is- Isotope support.—The conference agreement mittee’s Near-Term Deployment Group to land electrical intertie. The conferees note includes a total program level of $26,177,000 support industry applications to the Nuclear that $20,000,000 has been provided in State for the isotope program. This amount is re- Regulatory Commission (NRC) for Early Site and local funds and this Federal amount rep- duced by offsetting collections of $9,000,000 to Permits, Combined Operating Licenses, and resents the final installment needed to com- be received in fiscal year 2002, resulting in a Design Certifications. The conference agree- plete the project. The conference agreement net appropriation of $17,177,000. The con- ment provides $3,000,000 to share with indus- also includes $3,000,000, within available ference agreement includes $2,494,000 for the try the cost of these new NRC licensing proc- funds, for NREL for research, development, Isotope Production Facility at the Los Ala- esses. The conference agreement also pro- and demonstration of advanced thermal en- mos National Laboratory. vides $2,000,000 for fuel testing, code ergy storage technology integrated with re- The conferees encourage the Department verification and validation, and materials newable thermal energy technology. The to continue to explore the concept of ex- testing at national laboratories in support of conferees provide $500,000 to support the tracting medically valuable isotopes from license applications for new reactor designs. joint effort between New Mexico Tech and the excess uranium 233 stored in Building Infrastructure.—The conference agreement the Natural Energy Laboratory of Hawaii to 3019 at the Oak Ridge National Laboratory, provides a total of $82,529,000. The conference integrate, demonstrate, and deploy distrib- Tennessee. Within available funds, the De- agreement provides $35,357,000 for ANL–West uted energy systems. partment is urged to proceed with a Request Operations, which includes $2,000,000 for the The conference agreement also includes for Proposals (RFP) for this project after advanced test reactor research and develop- the budget request for the proposed work be- submission to the House and Senate Com- ment upgrade initiative. The conference tween industrial consortia and national lab- mittees on Appropriations of a budget-qual- agreement also provides $8,733,000 for Test oratories to develop high-performance, low- ity project plan which presents all costs, in- Reactor Area landlord activities. Funds pro- cost, second-generation, high temperature cluding the estimated life-cycle costs for vided by the Senate to initiate conceptual super-conducting wire. storage and disposal of the excess uranium design for a remote-handled transuranic Renewable Support and Implementation.— 233, and is crafted in a manner that would waste facility at ANL–West have been trans- The conference agreement includes not increase the total costs for decontamina- ferred to the environmental management $14,500,000 for renewable support and imple- tion and decommissioning of Building 3019. program. mentation programs. The Department is reminded to consider the The conference agreement provides the The conference agreement provides end use of the U233-derived material for clin- budget request of $38,439,000 for the Fast $1,500,000 for departmental energy manage- ical trials when preparing the RFP and eval- Flux Test Facility (FFTF). No funds may be ment. uating proposals for this project, and may obligated for any purpose other than deacti- The conference agreement includes require the contractor to be capable of meet- vation at FFTF until 90 days after receipt of $3,000,000 for the international renewable en- ing the Good Manufacturing Practice re- the Secretary’s recommendations for alter- ergy program. Of this amount, $1,000,000 is to quirements of the Food and Drug Adminis- native actions at FFTF and the approval of be provided to International Utility Effi- tration with respect to the production of ac- those recommended alternative actions by ciency Partnerships, Inc., for continuation of tinium 225. the House and Senate Committee on Appro- joint implementation project development. University reactor fuel assistance and sup- priations. The conferees expect the Department to port.—The conference agreement includes Nuclear facilities management.—The con- work with the Department of Commerce, the $17,500,000, $5,526,000 more than the budget ference agreement provides $30,250,000 as pro- U.S. Agency for International Development, request. The conferees direct the Depart- posed by the House. This amount includes and other relevant agencies, to complete, ment to use the additional resources to begin $4,200,000 for the EBR–II shutdown, $16,200,000 and begin implementation of, a five-year implementing the recommendations con- for the disposition of spent nuclear fuel and strategic plan to open and expand export tained in the April 2001 Final Report of the legacy materials, and $9,850,000 for disposi- markets for U.S. clean energy technologies. University Research Reactor Task Force of tion technology activities. The conferees urge the Administration to in- the Nuclear Energy Research Advisory Com- Program direction.—The conference agree- clude adequate funding for this initiative in mittee (NERAC), specifically, to establish ment includes $23,000,000 for program direc- its Fiscal Year 2003 budget submission. geographically distributed regional univer- tion, a reduction of $2,062,000 from the budg- The conference agreement includes sity research reactor user facilities and geo- et request. graphically distributed training and edu- $4,000,000 for the renewable energy produc- ENVIRONMENT, SAFETY AND HEALTH cation reactor facilities. The Department is tion incentive program. The conference agreement includes The conference agreement includes expected to use a peer-reviewed process in selecting which facilities will receive De- $30,500,000 for non-defense environment, safe- $3,000,000 for renewable Indian energy re- ty and health activities, which includes sources. The conferees expect these funds to partment support, and to involve fully the nuclear engineering and nuclear medicine $19,527,000 for program direction. When com- be administered as competitively awarded bined with $117,688,000 provided for defense grants to federally-recognized tribes communities in this process. The Depart- ment is directed to report to the House and environment, safety and health activities, throughout the United States. the conference agreement makes a total of The conference agreement includes Senate Committees on Appropriations by May 31, 2002, on its plan to implement the $148,188,000 available for environment, safety $3,000,000 for renewable program support, of and health activities, a reduction of which $1,500,000 is to support the National NERAC Task Force recommendations. The program should also include substantial fi- $1,912,000 from the total budget request for Alliance for Clean Energy Incubators. these activities. This funding reduction does National Renewable Energy Laboratory.—The nancial support from the nuclear industry. not reflect any reduction in the Depart- conference agreement includes $5,000,000 for Research and development.—The conference ment’s environment, safety, and health re- the National Renewable Energy Laboratory agreement provides $51,000,000 for nuclear en- sponsibilities, nor in the conferees’ expecta- (NREL), the same as the budget request. ergy research and development activities. tion that the Department will fulfill those Program direction.—The conference agree- The conference agreement includes responsibilities in a thorough and profes- ment includes $19,200,000 for program direc- $7,000,000, $2,500,000 more than the budget re- sional manner. However, the conferees do ex- tion, the same as the budget request. quest, for nuclear energy plant optimization. The conferees direct the Department to en- pect the Department to take steps to reduce NUCLEAR ENERGY sure that projects are funded jointly with its current headquarters staffing levels and The conference agreement provides non-Federal partners and that the total non- reduce its reliance on support contractors to $250,456,000 for nuclear energy activities in- Federal contributions are equal to or in ex- execute its responsibilities. The conference stead of $224,130,000 as proposed by the House cess of total Department contributions to agreement includes $600,000 to be transferred and $264,069,000 as proposed by the Senate. projects funded in this program. to the Occupational Safety and Health Ad- The conference agreement does not include The conferees have provided $32,000,000 for ministration for worker health and safety at language specifying funding allocations as the Nuclear Energy Research Initiative those sites transferred to non-Federal enti- contained in the separate House and Senate (NERI). ties and for the Department’s non-nuclear fa- reports. Within the funds available, the con- The conference agreement includes a total cilities not covered under the Atomic Energy ferees include $400,000 for the Secretary to of $12,000,000 for nuclear energy technologies, Act.

VerDate 13-OCT-2001 08:38 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00131 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.108 pfrm01 PsN: H30PT1 H7490 CONGRESSIONAL RECORD — HOUSE October 30, 2001

TECHNICAL INFORMATION MANAGEMENT $393,425,000 as proposed by the House and bon dioxide experiments at the fiscal year PROGRAM $408,725,000 as proposed by the Senate. 2001 level. The conference agreement provides Uranium Enrichment Decontamination and The conference agreement includes $7,770,000, including $1,400,000 for the Tech- Decommissioning Fund.—The conference $2,600,000 for the positron emission tomog- nical Information Management program and agreement includes $299,641,000 for the ura- raphy center at the University of South Ala- $6,370,000 for program direction. nium enrichment decontamination and de- bama; $4,000,000 for the Gulf Coast Cancer Center and Research Institute; $2,000,000 for FUNDING ADJUSTMENTS commissioning (D&D) fund. Additional fund- ing of $27,000,000 is provided for continued the University of Alabama at Birmingham The conference agreement includes a gen- center for nuclear magnetic resonance imag- eral reduction of $18,000,000. cleanup at Paducah, Kentucky, and $30,000,000 is provided for continued cleanup ing; $1,000,000 for University of South Ala- NON-DEFENSE ENVIRONMENTAL MANAGEMENT at the East Tennessee Technology Park in bama research, in cooperation with industry The conference agreement provides Oak Ridge, Tennessee. and the Cooperative Research Network of $236,372,000 for Non-Defense Environmental The conference agreement does not include the National Rural Electric Cooperative As- Management instead of $227,872,000 as pro- funding recommended in this account by the sociation, on a fuel cell powered home using posed by the House and $228,553,000 as pro- Senate for uranium conversion activities. the Smart Energy Management Control Sys- posed by the Senate. This issue is addressed in the Energy Supply tem; $1,650,000 for the new library and re- The conference agreement includes appropriation account. gional resource learning center at Spring $43,000,000 for site closure and $64,119,000 for Other Uranium Activities.—The conference Hill College; $100,000 for the South Alabama Medical Education Outreach Program; site/project completion activities, the same agreement provides $123,784,000 for other ura- $2,250,000 for the University of Florida Genet- as the budget request. The conferees encour- nium activities. The conferees have included ics Institute; $2,700,000 for a new linear accel- age the Department to accelerate cleanup the budget request of $110,784,000 for oper- erator for the Baystate Medical Center; along the Columbia River in Hanford’s 300 ating expenses associated with the mainte- Area. $1,200,000 for the Cancer Institute of New Jer- nance of facilities and inventories and pre- Post 2006 completion.—The conference agree- sey; $1,000,000 for the Institute for Molecular existing liabilities and consolidated the ment includes $125,753,000 for Post 2006 com- and Biomedical Science at the University of pletion activities, an increase of $5,700,000 funding for these activities into one pro- Arizona; $1,000,000 for the Stanley Scott Can- over the budget request. Additional funding gram. cer Center at Louisiana State University; of $3,700,000 is provided to maintain the The conference agreement provides the $1,000,000 for the Infotonics Center of Excel- cleanup activities at the Energy Technology budget request of $10,000,000 for Project 02–U– lence in Rochester, New York; $500,000 for Engineering Center in California. The con- 101, Depleted Uranium Hexafluoride Conver- the Joint Collaboration on Advanced ference agreement includes $2,000,000 for sta- sion Project, in Paducah, Kentucky, and Nanotechnology and Sensors with the Uni- bilization activities at the Atlas uranium Portsmouth, Ohio, and transfers this project versity of New Orleans, Louisiana State Uni- mill tailings site in Utah as proposed by the from the uranium enrichment D&D program versity, and Louisiana Tech; $500,000 for the House. to other uranium activities. Breast Cancer Program at the North Shore— West Valley.—The conference agreement The conference agreement also provides Long Island Jewish Health System; $500,000 provides a total of $90,000,000 for the West $3,000,000 as proposed by the Senate to con- for a functional magnetic resonance imaging Valley Demonstration Site in New York. tinue Project 96–U–201, DUF6 Cylinder Stor- machine at the University of Texas at Dallas However, the conferees remain concerned age Yard, at Paducah, Kentucky. and the University of Texas Southwestern about the lack of agreement between the De- Funding adjustment.—The conference agree- Medical Center’s Center for Brain, Cog- partment and the State of New York regard- ment includes the use of $5,000,000 of prior nition, and Behavior; $500,000 for the Inte- ing the scope of Federal cleanup activities at year unobligated and uncosted balances. grated Environmental Research and Services the site and the respective Federal and State SCIENCE program at Alabama A&M University; and cost shares for those activities. While the re- The conference agreement provides $500,000 for the energy efficiency initiative at cent resumption of negotiations is encour- $3,233,100,000 instead of $3,166,395,000 as pro- the Carolinas Health Care System. The conference agreement includes aging, the lack of agreement remains, as the posed by the House and $3,268,816,000 as pro- $3,000,000 for the Multidisciplinary Research General Accounting Office noted, the most posed by the Senate. The conference agree- Facility at the College of Engineering, Uni- significant impediment to completing clean- ment does not include language specifying versity of Notre Dame; $500,000 for a linear up of this site. funding allocations as contained in the sepa- accelerator for the Burbank Regional Cancer The conference agreement provides rate House and Senate reports. The con- Center in Fitchburg, Massachusetts; $500,000 $90,000,000 for cleanup activities at the West ference agreement does not include bill lan- for Hampshire College’s National Center for Valley Demonstration Project in fiscal year guage proposed by the Senate earmarking Science Education; $1,000,000 for the Audu- 2002. Funding in subsequent fiscal years shall funds for specific purposes. bon Biomedical Science and Technology be reduced to the minimum necessary to High energy physics.—The conference agree- Park at Columbia University; $1,000,000 for maintain the project in a safe and stable ment provides $716,100,000 for high energy the McFadden Science Center at Texas Wes- condition, unless, not later than September physics, the same as the budget request. The 30, 2002, the Secretary: provides written noti- leyan University; $1,000,000 for the emer- conferees encourage strong support for uni- gency power supply system at Cedars-Sinai fication to the House and Senate Commit- versity research and for research on low tem- tees on Appropriations that an agreement Medical Center; $1,000,000 for the Rush-Pres- perature superconductors to support high en- byterian-St.Luke’s Medical Center; $1,000,000 has been reached with the State of New York ergy physics requirements. General Purpose defining the final scope of Federal cleanup for a nanoscience facility at Purdue Univer- Equipment and General Plant Projects sity; $1,000,000 for the Julie and Ben Rogers activities at the West Valley site and the re- should be funded for Office of Science labora- spective Federal and State cost shares for Cancer Institute; $1,000,000 for the School of tories at fiscal year 2001 levels. Funds pro- Public Health at the University of South those cleanup activities; submits that pro- vided by the Senate for a demonstration of posed agreement to the House and Senate Carolina; $1,000,000 for the continued devel- the mass of the neutrino at the Waste Isola- opment of the Life Sciences Building at Committees on Appropriations; and provides tion Pilot Plant have been transferred to the Brown University; $1,000,000 for environ- a written certification that the Federal ac- environmental management program. mental modeling at the University of North tivities proposed in that agreement will be in Nuclear physics.—The conference agree- Carolina at Chapel Hill; $1,000,000 to support full compliance with all relevant Federal ment provides $360,510,000 for nuclear phys- renovation of the Science, Technology, and statutes, including the West Valley Dem- ics, the same as the budget request. The con- Engineering Research Complex at Jackson onstration Project Act of 1980 and the Nu- ferees urge the Department to use these State University; and $1,000,000 for the clear Waste Policy Act of 1982, as amended, funds to enhance operation of the Rel- PowerGrid simulator at Drexel University and are in the best interest of the Federal ativistic Heavy Ion Collider (RHIC) at the and the New Jersey Institute of Technology. government. The Committees do not require Brookhaven National Laboratory and the The conference agreement includes the Secretary to submit a fully executed Thomas Jefferson National Accelerator Fa- $7,000,000 for the positron emission tomog- final agreement, but rather a draft agree- cility in Virginia. raphy facility at West Virginia University; ment sufficiently complete to demonstrate Biological and environmental research.—The $2,000,000 for a linear accelerator for the Uni- that all principal issues in dispute have been conference agreement includes $527,405,000 versity Medical Center of Southern Nevada; resolved. for biological and environmental research. $250,000 for the research foundation of the Excess facilities.—The conference agreement The conferees have included $11,405,000 to University of Nevada-Las Vegas; $200,000 for provides $3,500,000, an increase of $2,119,000 complete the construction of the Laboratory the University of Nevada-Las Vegas to con- over the budget request, for excess facilities for Comparative Functional Genomics at the tinue study of the biological effects of expo- to begin actual decontamination and decom- Oak Ridge National Laboratory. The con- sure to low-level radioactivity; $500,000 for a missioning of excess facilities owned by the ference amount includes a total of $18,000,000 biomolecular nuclear magnetic resonance in- environmental management program. for the low dose effects program; $3,500,000 in strument at the Medical University of South URANIUM FACILITIES MAINTENANCE AND additional funding for computer upgrades Carolina; $1,000,000 for the Oncology Center REMEDIATION and capital equipment costs at the Environ- of the Medical University of South Carolina; The conference agreement provides mental Molecular Science Laboratory; and $3,000,000 for the National Center of Excel- $418,425,000 for uranium activities instead of includes funding to continue the free air car- lence in Photonics and Microsystems in New

VerDate 13-OCT-2001 08:38 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00132 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.110 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7491 York; $500,000 for the Institute of Compara- count, as well as the security charge for re- less, within the Departmental Administra- tive Genomics at the American Museum of imbursable work of $4,912,000 included in the tion account without submission of a re- Natural History; $750,000 for the Inland budget request. programming to be approved by the House Northwest Natural Resources Research Cen- NUCLEAR WASTE DISPOSAL and Senate Committees on Appropriations. ter at Gonzaga University; $500,000 for the No individual program account may be in- The conference agreement provides Hall of Paleontology at the Field Museum; creased or decreased by more than this $95,000,000 for Nuclear Waste Disposal, in- $500,000 for the Center for Catalysis at Iowa amount during the fiscal year using this re- stead of $133,000,000 as proposed by the House State University; $1,000,000 for the Human programming authority. Congressional noti- and $25,000,000 as proposed by the Senate. Genome Project at the University of South- fication within 30 days of the use of this re- When combined with the $280,000,000 appro- ern California; $500,000 for biomedical re- programming authority is required. Trans- priated from the Defense Nuclear Waste Dis- search at Creighton University; $500,000 for fers which would result in increases or de- posal account, a total of $375,000,000 will be the Child Health Institute of New Bruns- creases in excess of $1,000,000 or 10 percent to available for program activities in fiscal wick, New Jersey; $500,000 for the Oregon Re- an individual program account require prior year 2002. The conference agreement includes newable Energy Center; $1,000,000 for super- notification and approval. conductor research at Boston College; not to exceed $2,500,000 for the State of Ne- OFFICE OF THE INSPECTOR GENERAL $500,000 for the Natural Energy Laboratory vada and $6,000,000 for affected units of local in Hawaii; and $800,000 for the Rochester In- government. The conference agreement provides stitute of Technology microelectronics tech- The conferees direct the Department to $32,430,000 for the Inspector General as pro- nology program. focus all available resources on completing a posed by the House instead of $30,000,000 as The conference agreement includes quality Site Recommendation report, and proposed by the Senate. $11,000,000 for operations and capital invest- the accompanying final Environmental Im- ATOMIC ENERGY DEFENSE ACTIVITIES pact Statement (EIS), in a timely manner. ment at the Mental Illness and Neuroscience NATIONAL NUCLEAR SECURITY ADMINISTRATION Discovery Institute; and $2,000,000 for the The final Site Recommendation and final University of Missouri-Columbia to expand EIS were due in July 2001, and the conferees The National Nuclear Security Adminis- the federal investment in the university’s expect that these will be delivered to Con- tration (NNSA), a semi-autonomous agency nuclear medicine and cancer research capital gress no later than February 28, 2002. The within the Department of Energy, manages program. conferees acknowledge that certain sci- and operates the Nation’s nuclear weapons, Basic energy sciences.—The conference entific and engineering work is directly re- nuclear nonproliferation, and naval reactors agreement includes $1,003,705,000 for basic en- lated to the Site Recommendation and to re- activities. ergy sciences. The conference agreement in- solving the technical concerns of the NRC Nuclear posture review.—The conferees have cludes the full amount of the budget request and the Nuclear Waste Technical Review provided a significant increase above the for the Spallation Neutron Source and the Board, and that such work should not auto- President’s budget request and above the SPEAR 3 upgrade at the Stanford Synchro- matically terminate upon submission of the House bill in nuclear weapons activities, to tron Radiation Laboratory. The conferees Site Recommendation. However, if the Site include refurbishment of specific nuclear have included $3,000,000 to initiate project Recommendation is negative, the conferees weapons as well as generic nuclear weapons- engineering and design (PED) for three user expect the Department to terminate prompt- related process and infrastructure improve- facilities for nanoscale science research ly all such activities and take the steps nec- ments. The basis for providing these addi- (Project 02–SC–002), and the budget request essary to remediate the site. tional funds is informal information pro- vided by the NNSA at the Committees’ re- of $7,685,000 for the Experimental Program to DEPARTMENTAL ADMINISTRATION Stimulate Competitive Research (EPSCoR). quest, rather than a formal budget request For purposes of reprogramming in fiscal year (INCLUDING TRANSFER OF FUNDS) from the Administration. The information 2002, the Department may reallocate funding The conference agreement provides largely addresses on-going programs and ge- among all operating accounts within Basic $210,853,000 for Departmental Administration neric process improvements, and does not Energy Sciences. expenses instead of $209,611,000 as proposed identify the need to develop a specific new Advanced scientific computing research.—The by the House and $208,948,000 as proposed by nuclear weapon in fiscal year 2002. The con- conference agreement includes $158,050,000 the Senate. Funding adjustments include a ferees agree that these investments are vital for advanced scientific computing research transfer of $22,000,000 from Other Defense Ac- to ensuring that the NNSA can efficiently (ASCR). The conferees support the use of tivities and the use of $10,000,000 of prior year support Department of Defense schedules available funds for the Scientific Discovery balances. Revenues of $137,810,000 are esti- and requirements to maintain the highest Through Advanced Computing (SciDAC) pro- mated to be received in fiscal year 2002, re- levels of performance for our nation’s nu- gram and for terascale operating systems de- sulting in a net appropriation of $73,043,000. clear weapons, while maximizing safety for velopment. The conferees urge the Depart- The conference agreement does not include NNSA employees and contractors performing ment to maximize the involvement of uni- language proposed by the House allowing the the stockpile stewardship mission. versities in the ASCR program, so that both Department to transfer funds previously ap- The conferees are concerned that NNSA the Department and the academic commu- propriated for Year 2000 (Y2K) activities to not spend funds early in fiscal year 2002 that nity can share in the latest technology de- this account. The Y2K funds expired on Sep- turn out to be wasted effort once the Nuclear velopments in this field. tember 30, 2001. Posture Review and its implementation by Energy research analyses.—The conference Specific funding levels for each Depart- the Administration and the Congress is com- agreement includes $1,000,000 for energy re- mental organization are provided in the ac- pleted. The conferees are also concerned that search analyses, the same amount provided companying table. the NNSA not spend funds in fiscal year 2002 by the House and the Senate. Office of Management, Budget and Evalua- that presuppose the outcome of the Nuclear Multiprogram energy labs—facility support.— tion.—The conference agreement provides Posture Review or thwart the ability of Con- The conference agreement includes $107,000,000 for the Office of Management, gress to provide effective and timely over- $30,175,000 for multi-program energy labs-fa- Budget and Evaluation. This is a new organi- sight. It is the conferees’ intent and instruc- cility support, the same as the budget re- zation created by merging the Office of Man- tion that the NNSA use the funds in its quest. Fusion energy sciences.—The conference agement and Administration with the Office budget request and the additional funds pro- agreement includes $248,495,000, as proposed of the Chief Financial Officer (including the vided herein for nuclear weapons activities by both the House and Senate, for fusion en- Office of Engineering and Construction Man- only for generic process and infrastructure ergy sciences. agement). This reorganization is expected to improvements and to continue on-going Facilities and infrastructure.—The con- improve program and project management weapon refurbishment activities. NNSA ference agreement includes $10,000,000 for a by bringing together acquisitions, perform- should minimize weapon-unique investments new Facilities and Infrastructure program, ance appraisals, and funding decisions. in fiscal year 2002 in those instances where as proposed by the House, to address infra- The conferees expect the Department to in- NNSA knows today that there is uncertainty structure needs at the Department’s science crease the current staffing levels and fully about the long-term viability of the nuclear laboratories. fund the program activities of the Office of weapon or its delivery system. The NNSA Safeguards and security.—The conference Engineering and Construction Management. may not use funds in fiscal year 2002 to ini- agreement includes $55,412,000 for safeguards Corporate Management Information Pro- tiate new weapons development programs or and security activities at laboratories and gram.—The conferees have provided a total of to initiate new warhead refurbishment pro- facilities managed by the Office of Science. $15,000,000 for the Department’s Corporate grams that have not been formally identified Program Direction.—The conference agree- Management Information Program in two to and approved by the Congress, other than ment includes $139,960,000 for program direc- accounts: $5,000,000 in Departmental Admin- through formal written reprogramming re- tion. This amount includes $63,000,000 for istration and $10,000,000 in Other Defense Ac- quests to the Armed Services and Appropria- field offices, $72,500,000 for headquarters, and tivities. The Department had requested a tions Committees of Congress. $4,460,000 for science education. The control total of $20,000,000 in the Other Defense Ac- The conferees are concerned in particular level for fiscal year 2002 is at the program ac- tivities account. about the W–80 warhead refurbishment for count level of program direction. Reprogramming guidelines.—The conference air-launched cruise missiles. The Depart- Funding adjustments.—A general reduction agreement provides reprogramming author- ment of Energy has the means to extend the of $12,800,000 has been applied to this ac- ity of $1,000,000 or 10 percent, whichever is life of the W–80 warhead by tens of years, yet

VerDate 13-OCT-2001 08:38 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00133 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.112 pfrm01 PsN: H30PT1 H7492 CONGRESSIONAL RECORD — HOUSE October 30, 2001 the Department of Defense has yet to budget creases are necessary to maintain the nu- expenses for readiness in technical base and any funds to extend the life of its air- clear weapons complex, the conferees are facilities. This should provide the needed launched cruise missiles. Even if the life of concerned that these increases will tax the flexibility to manage these programs. the W–80 warhead and cruise missile were ex- existing project management expertise of In addition, funding of not more than tended in an integrated and synchronized the NNSA and its contractors. To ensure $5,000,000 may be transferred between each of manner, the question of the desirability of that construction project funding is properly these categories and each construction extending the life of the B–52 aircraft fleet executed, the conferees direct the NNSA’s project subject to the following limitations: (already 40 years old) for a similar extended Office of Project Management Support to re- only one transfer may be made to or from timeframe would need to be addressed by view each of these projects and verify that any program or project; the transfer must be both the Administration and Congress. Be- the conceptual design and at least 35 percent necessary to address a risk to health, safety cause of the uncertainty surrounding these of the detailed design are completed before or the environment or to assure the most ef- issues, the conferees designate funding for construction funds are obligated. The NNSA ficient use of weapons activities funds at a W–80 warhead life extension in fiscal year is strongly encouraged to use the expertise site; and funds may not be used for an item 2002 to be of special interest. Use of fiscal resident in the Department’s Office of Con- for which Congress has specifically denied year 2002 funds for the unique costs to de- struction and Engineering Management for funds or for a new program or project that velop or implement W–80 warhead refurbish- this purpose. has not been authorized by Congress. ment that involve long-term life extension Nuclear Weapons Council Reporting.—The Congressional notification within 30 days require advance written notification to and Armed Services Committees require annual of the use of this reprogramming authority approval by the Armed Services and Appro- reporting on the activities of the Nuclear is required. Transfers during the fiscal year priations Committees of Congress. Weapons Council, a joint Department of De- which would result in increases or decreases NNSA budget justifications.—The conferees fense and Energy activity that manages nu- in excess of $5,000,000 or which would be sub- agree that NNSA budget justification mate- clear weapons. This document is a key tool ject to the limitations outlined in the pre- rial for major nuclear weapon acquisition for the Appropriations and Armed Services vious paragraph require prior notification programs is currently not sufficient to as- Committees of Congress to perform effective and approval from the House and Senate sure adequate Congressional oversight of oversight of our nation’s nuclear weapons. Committees on Appropriations. these very important programs. NNSA, in The Secretary of Energy submitted the fiscal Directed stockpile work.—The conference conjunction with the Department of Defense, year 2000 report (dated October 1, 2000) on agreement includes $1,045,814,000 for directed is expected to propose significant investment September 26, 2001. The conferees question stockpile work instead of $1,043,791,000 as in strategic weapon systems (to include re- the utility of a report (under 20 pages) whose proposed by the House and $1,081,337,000 as furbishments and life extensions) during the information is about a year old when sub- proposed by the Senate. next 10 years to meet military requirements mitted, and whether the Departments of En- Campaigns.—The conference agreement once the Administration’s Nuclear Posture ergy and Defense take seriously the need to consolidates the individual campaigns into Review is completed. The Congress will have responsibly support Congressional oversight six major groups: science campaigns, engi- to examine these proposals in detail and will of nuclear weapons on a timely basis. Re- neering campaigns, inertial confinement fu- likely be asked to agree to higher levels of ports to Congress on a previous fiscal year’s sion, advanced simulation and computing, annual spending for these initiatives. It is activities, to be relevant to the authoriza- pit manufacturing and certification, and vital that NNSA articulate the investment tion and appropriations process, should be readiness campaigns. Funding for individual costs and benefits of such proposals in a submitted for Committees to use during campaigns is shown on the accompanying clear and consistent manner. their hearings in the spring of the following table. The conferees direct the Administrator to year. Waiting until the end of the fiscal year For science campaigns, the conference submit Selected Acquisition Reports (SAR) to submit the information inhibits the hear- agreement provides $269,703,000, an increase once a year to the Armed Services and Ap- ing process, the authorization process, and of $8,583,000 over the budget request. From propriations Committees of Congress, to ac- the appropriations process as well as depriv- within available funds, an additional company the fiscal year 2003 and subsequent ing Members of Congress charged with an $25,000,000 is provided for advanced radiog- President’s Budgets. The reports should be important oversight responsibility from ef- raphy to continue research, development and similar in content and format to those sub- fectively performing their duty due to lack conceptual design for an advanced hydro- mitted to Congress by the Department of De- of timely information. The conferees direct dynamic test facility, including further de- fense pursuant to section 2432 of Title 10 of the Secretary of Energy to submit future re- velopment and evaluation of proton radiog- United States Code. The NNSA should iden- ports by March 1 of each year. raphy techniques. tify criteria for designating its major de- For engineering campaigns, the conference fense acquisition programs, as the Defense WEAPONS ACTIVITIES agreement provides $245,225,000, an increase Department has done, and then report annu- The conference agreement provides of $9,469,000 over the budget request, to meet ally on systems which meet them. The NNSA $5,429,238,000 for Weapons Activities instead additional program requirements. should also identify criteria for when to of $5,123,888,000 as proposed by the House and For inertial confinement fusion, the con- start SAR reporting for a given weapon sys- $6,062,891,000 as proposed by the Senate. The ference agreement provides $506,443,000, an tem, and when to end it. SAR systems are Administration’s budget request for Weapons increase of $39,500,000 over the budget re- generally those which require a significant Activities was $5,300,025,000 which included quest, and includes several program funding development cost (hundreds of millions of $271,137,000 for program direction activities. adjustments. The conference agreement in- dollars) or significant acquisition cost (bil- The conference recommendation transfers cludes $10,000,000 for the Naval Research Lab- lions of dollars). The conferees anticipate all program direction funding to the Office of oratory, the same as the budget request. that this reporting requirement will not the NNSA Administrator account which has Funding of $24,500,000 has been provided to place an undue burden on the NNSA. If a sys- the effect of reducing the fiscal year 2002 further development of high average power tem is to be refurbished in a block-approach, budget request for Weapons Activities to lasers. the SAR report must address information on $5,028,888,000. Thus, the conference rec- The conference agreement includes each and all blocks of the program. ommendation is $400,850,000 over the budget $35,450,000 for the Laboratory for Laser The conferees further direct that the request for nuclear weapons programmatic Energetics at the University of Rochester, Comptroller General review the NNSA’s fis- activities. an increase of $2,000,000 over the budget re- cal year 2003 submission of selected acquisi- Statutory language proposed by the Senate quest, to be used for development of critical tion reports within 90 days of their submis- to earmark funds for technology partner- short-pulse laser technologies that should be sion to Congress, and assess whether they ships and community reuse organizations extensible to producing very high power adequately and thoroughly identify informa- has not been included. The conferees direct laser capability on the National Ignition Fa- tion equivalent to what the Department of the NNSA to fully utilize technology part- cility as well as existing large fusion re- Defense provides Congress in its SAR re- nerships supportive of its missions, including search lasers like Omega. ports. The conferees also direct the NNSA to the support of small business interactions in- The conference agreement provides an ad- include detailed information in the budget cluding technology clusters around the lab- ditional $7,000,000 for enhanced National Ig- justification documents for its fiscal year oratories. nition Facility (NIF) diagnostics and cryo- 2003 and subsequent President’s budget re- Reprogramming.—The conference agree- genic target activities, and $245,000,000, the quests to Congress by weapon system. The ment provides limited reprogramming au- same as the budget request, for continued budget should clearly show the unique and thority within the Weapons Activities ac- construction of the NIF. the fully-loaded cost of each weapon activ- count without submission of a reprogram- The conferees understand the Department ity, to include refurbishments and concep- ming to be approved in advance by the House is preparing a National Petawatt Strategic tual study and/or development of new weap- and Senate Committees on Appropriations. Plan and support completion of this initia- ons. The reprogramming thresholds will be as fol- tive, including within the strategic planning Construction projects.—The conference lows: directed stockpile work, science cam- the research and development of supporting agreement includes a significant increase in paigns, engineering campaigns, inertial con- technologies necessary to ensure U.S. leader- funding for new and ongoing construction finement fusion, advanced simulation and ship in ultra-short-pulse laser technology. projects and a new program for facilities and computing, pit manufacturing and certifi- Funding of $3,000,000 is provided for concep- infrastructure upgrades. While these in- cation, readiness campaigns, and operating tual and preliminary engineering design

VerDate 13-OCT-2001 08:38 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00134 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.113 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7493 studies for a petawatt-class laser at the and enhance counter-terrorism activities and tivities in this account. The conference Sandia National Laboratory’s Z machine, programs at the National Center for Com- agreement transfers this funding to the Of- and $1,000,000 is provided to initiate develop- bating Terrorism at the Nevada Test Site; fice of the NNSA Administrator account. ment of critical short-pulse laser tech- and $1,500,000 for technology partnerships Funding adjustments.—The conference nologies like damage-resistant gratings. with industry as proposed by the Senate. agreement includes an adjustment of The conferees strongly support university The conference agreement does not provide $28,985,000 for a security charge for reimburs- participation in this program and have pro- additional funding to process uranium-233 as able work, as proposed in the budget, and a vided $9,886,000 for university grants/other proposed by the Senate. This issue is ad- general reduction of $80,000,000. ICF support, an increase of $4,500,000 over the dressed in the Energy Supply account. DEFENSE NUCLEAR NONPROLIFERATION budget request. This includes $2,500,000 to Within funds provided for program readi- The conference agreement provides complete the installation and initiate oper- ness, the conference agreement includes ad- $803,586,000 for Defense Nuclear Nonprolifera- ation of a petawatt laser or high-power, ditional funding of $10,000,000 for the oper- tion instead of $845,341,000 as proposed by the short-pulse laser at the University of Ne- ation of pulsed power facilities at Sandia Na- House and $880,500,000 as proposed by the vada-Reno. The conferees believe that early tional Laboratory. Additional funding of Senate. The Administration’s budget request access to an operating petawatt-class laser $9,094,000 above the budget request is pro- for Defense Nuclear Nonproliferation was will provide opportunities for exploring tech- vided to maintain Nevada Test Site readi- $773,700,000 which included $51,459,000 for pro- nology options to incorporate in the next ness and maintain materials processing and gram direction activities. The conference generation of petawatt lasers. The conferees component manufacturing readiness con- recommendation transfers all program direc- direct the Department to provide a monthly sistent with the 1993 Presidential directive tion funding to the Office of the NNSA Ad- status report to the House and Senate Com- concerning underground nuclear testing. ministrator account which has the effect of mittees on Appropriations on the status of Within funds provided for special projects, reducing the budget request for Defense Nu- the University of Nevada-Reno project. The the conference agreement includes $1,000,000 clear Nonproliferation to $722,241,000. Thus, conferees have included the additional for the Remote Sensing Laboratory to en- the conference recommendation is an in- $2,000,000 for university grants to encourage hance pilot proficiency, aircraft safety, and crease of $81,345,000 over the budget request. greater participation of universities in the aviation support elements; $1,000,000 for final Statutory language proposed by the Senate Department’s programs and as a means of funding for the tumor registry in the State to earmark funding for official reception and training new scientists in high energy den- of Nevada; $250,000 to prepare a plan to pre- representation expenses has not been in- sity and laser physics. serve the history of the Manhattan project; cluded. This activity is funded in the Office For advanced simulation and computing, $1,000,000 for installation of exhibits at the of the NNSA Administrator account. the conference agreement provides Atomic Testing History Institute; and the Limitation on Russian and Newly Inde- $729,847,000, a decrease of $8,185,000 from the budget request for the Los Alamos County pendent States’ (NIS) program funds.—The con- budget request. The reduction in operating Schools and the New Mexico Education En- ferees are concerned about the amount of expenses should be taken against lower pri- richment Foundation. funding for Russian and NIS programs which ority activities. The conference agreement The conference agreement includes remains in the United States for Department allocates funding of $8,400,000 for Project 01– $90,310,000 for materials recycling, $8,199,000 of Energy contractors and laboratories rath- D–101, the Distributed Information Systems for containers, $10,643,000 for storage, and er than going to the facilities in Russia and Laboratory at Sandia; $22,000,000 for Project $88,923,000 for nuclear weapons incident re- the NIS. The conferees expect the Depart- 00–D–103, the Terascale Simulation Facility sponse, as proposed by the Senate. ment to continue to increase the level of at Livermore; and $13,377,000 for Project 00– For construction projects, the conference funding provided to Russia versus the fund- D–107, the Joint Computational Engineering agreement includes several adjustments to ing which remains in the United States for Laboratory at Sandia. Each of these projects the budget request. Funding of $22,830,000 is Department of Energy contractors and lab- has experienced significant reductions in provided for Project 02–D–103, Project Engi- oratories in each subsequent year. The con- prior years due to funding constraints. neering and Design (PE&D), including ferees direct the Department to apply the For pit manufacturing and certification, $4,000,000 for architecture and engineering lowest possible laboratory overhead rates the conference agreement provides services for modernization of surface support and to increase the percent of funding spent $219,000,000, an increase of $90,455,000 over the facilities for the U1A complex at the Nevada in Russia. The Department is to provide a re- budget request of $128,545,000. On September Test Site; $4,750,000 for Project 02–D–105, En- port to the House and Senate Committees on 28, 2001, the NNSA Administrator notified gineering Technology Complex Upgrade at Appropriations by January 31, 2002, and each the House and Senate Committees on Appro- Livermore; $3,507,000 for Project 02–D–107, subsequent year on the amount of funding priations that the fiscal year 2002 projected Electrical Power Systems Upgrades at the provided to Russia and NIS in each program cost for pit manufacturing and certification Nevada Test Site; $16,379,000 for Project 01– area. The Department should work with the was $213,000,000. In addition, the conferees D–103, PE&D, including $2,693,000 for elec- Committees on the specific information to have provided the budget request of $2,000,000 trical power systems upgrades at the Nevada be included in the report. for pit manufacturing and certification ac- Test Site; $67,000,000 for Project 01–D–108, Nonproliferation and verification research tivities not specifically supporting the W88 Microsystems and Engineering Sciences Ap- and development.—The conference agreement and $4,000,000 for preconceptual design activi- plications Complex at Sandia; and $2,000,000 provides $244,306,000 for nonproliferation and ties for a new pit manufacturing facility. for Project 99–D–108, Renovate Existing verification research and development. This From within the funds provided, the con- Roadways at the Nevada Test Site. No funds includes $19,510,900 for ground-based systems ference agreement includes full funding for are provided for Project 01–D–124, HEU Stor- for treaty monitoring, an increase of subcritical experiments to be performed at age Facility at the Y–12 Plant in Tennessee. $7,000,000 over the budget request. From the Nevada Test Site. Additional funding is Funding of $3,300,000 is provided for Project within available funds, $4,000,000 is provided provided within the Readiness in Technical 01–D–107, Atlas Relocation at the Nevada to establish the Remote Systems Test and Base and Facilities program to support fa- Test Site. The total estimated cost of this Engineering Center at the Remote Sensing cilities and activities critical to the success project has increased by $4,123,000 to Laboratory and $2,500,000 for the Incor- of the pit manufacturing and certification $16,312,000. porated Research Institutions for Seis- campaign. Facilities and Infrastructure.—The con- mology PASSCAL Instrument Center. The For readiness campaigns, the conference ference agreement includes $200,000,000 to es- Department is urged to review the potential agreement provides $196,886,000, an increase tablish a new program for facilities and in- value of the Caucasus Seismic Information of $31,869,000 over the budget request. This frastructure (F&I). The Department had re- Network to the nuclear explosion monitoring includes, at a minimum, an additional quested no funding for this program. The national security mission. $24,000,000 for the Y–12 Plant in Oak Ridge, conferees agree with the House report lan- The conferees continue to support more op- Tennessee. No funding is provided for Project guage on the F&I program and direct that at portunity for open competition in appro- 98–D–126, Accelerator Production of Tritium, least 25 percent of this funding be used to priate areas of the nonproliferation and the same as the budget request. dispose of excess facilities that will provide verification research and development pro- For readiness in technical base and facili- the greatest impact on reducing long-term gram. The conferees expect the Department ties, the conference agreement provides costs and risks. to continue to implement recommendations $1,553,124,000, an increase of $106,136,000 over Secure Transportation Asset.—The con- provided by the external review group in sup- the budget request, and includes several ference agreement provides $123,300,000 as port of open competition and direct the De- funding adjustments. proposed by the Senate, an increase of partment to initiate a free and open com- Within funds provided for operations of fa- $1,500,000 over the budget request. petitive process for at least 25 percent of its cilities, the conferees direct that, at a min- Safeguards and security.—The conference research and development activities during imum, an additional $25,000,000 be provided agreement includes $448,881,000, the same as fiscal year 2002 for ground-based systems for the Pantex Plant in Texas and an addi- the budget request, for safeguards and secu- treaty monitoring. The competitive process tional $10,000,000 be provided for the Y–12 rity activities at laboratories and facilities should be open to all Federal and non-Fed- Plant in Oak Ridge, Tennessee. The con- managed by the National Nuclear Security eral entities. ference agreement also includes an addi- Administration. Arms control.—The conference agreement tional $10,000,000 for the Z machine refurbish- Program direction.—The budget request in- provides $75,741,000 for arms control activi- ment at Sandia; $10,000,000 to consolidate cluded $271,137,000 for program direction ac- ties, instead of the budget request of

VerDate 13-OCT-2001 08:38 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00135 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.115 pfrm01 PsN: H30PT1 H7494 CONGRESSIONAL RECORD — HOUSE October 30, 2001 $101,500,000, due to several funding transfers. The conferees understand that the issue of Statutory language providing $12,000 for of- The conference agreement transfers $4,000,000 plutonium disposition at the Savannah River ficial reception and representation expenses for the Second Line of Defense program to Site will be fully addressed in the Fiscal has been included. the International Materials Protection, Con- Year 2002 Defense Authorization Act. How- ENVIRONMENTAL AND OTHER DEFENSE trol and Accounting program. Funding of ever, the conferees direct the Secretary of RELATED ACTIVITIES $28,759,000 for the NIS nonproliferation pro- Energy to consult with the Governor of the DEFENSE ENVIRONMENTAL RESTORATION AND gram for the Initiatives for Proliferation State of South Carolina regarding any deci- WASTE MANAGEMENT Prevention and the Nuclear Cities Initiative sions or plans of the Secretary related to the The conference agreement provides disposition of surplus defense plutonium lo- has been transferred to a new program, $5,234,576,000 for Defense Environmental Res- cated at the Savannah River Site. The Sec- ‘‘Russian Transition Initiatives.’’ Funding of toration and Waste Management instead of retary is also directed to submit to Congress $15,945,000, an increase of $7,000,000 over the $5,174,539,000 as proposed by the House and budget request, has been provided for spent a plan for disposal of surplus defense pluto- $5,389,868,000 as proposed by the Senate. Ad- nuclear fuel activities in Kazakhstan. No ad- nium currently located at the Savannah ditional funding of $1,092,878,000 is contained ditional funds are provided for spent nuclear River site and for disposal of defense pluto- in the Defense Facilities Closure Projects ac- fuel storage and a geologic repository in nium and defense plutonium materials to be count and $153,537,000 in the Defense Envi- Russia. shipped to the Savannah River Site in the fu- ronmental Management Privatization ac- International materials protection, control ture. This plan is due by February 1, 2002. count for a total of $6,480,991,000 provided for The conferees further direct the Secretary and accounting (MPC&A).—The conference all defense environmental management ac- agreement includes $173,000,000 for the to provide 30 days notice to the House and tivities. MPC&A program including $4,000,000 for the Senate Committees on Appropriations before The conference agreement provides for the Second Line of Defense program which was resuming shipments of defense plutonium purchase of not to exceed 30 passenger motor transferred from the Arms Control program. and defense plutonium materials to the Sa- vehicles as proposed by the House. Russian Transition Initiatives.—The con- vannah River Site. The conferees believe the significant clean- ference agreement provides $42,000,000 for the Until further approval from the Commit- up issues before the Department at the Padu- Initiatives for Proliferation Prevention pro- tees on Appropriations, the conferees expect cah Gaseous Diffusion Plant in Kentucky re- gram and the Nuclear Cities Initiative. that funds set aside for plutonium disposi- quire continued strong management over- These programs were transferred from the tion in Public Law 105–227, the Omnibus Con- sight from Headquarters. The conferees di- arms control program. The conferees expect solidated and Emergency Supplemental Ap- rect that the Secretary provide for the man- the Department to provide a single program propriations Act, 1999, shall only be used in agement of environmental matters (includ- manager responsible for both programs and a manner consistent with the current pluto- ing planning and budgetary activities) with have provided the Department the flexibility nium disposition program. respect to the plant through the Assistant to allocate the funding between the two pro- At the request of the Department, the con- Secretary of Energy for Environmental Man- grams. The program manager should also en- ference agreement makes the following agement. The Assistant Secretary shall en- sure close coordination with other Federal changes to the Department’s budget request. sure that direct communication and thor- agencies that direct money to scientists Funding of $5,000,000 is reallocated from ough consultation exists at all times be- Project 99–D–141, the Pit Disassembly and working in closed cities. tween herself and the head of the Paducah HEU transparency implementation.—The Conversion Facility, to operating expenses environmental cleanup programs on all rel- conference agreement provides $13,950,000, in support of this project. Funding of evant matters. the same as the budget request. $29,340,000, an increase of $5,340,000 over the Low level waste disposal.—The conferees International nuclear safety.—The con- budget request, is provided for Project 01–D– agree that the Department, where cost-effec- ference agreement provides $10,000,000 for the 407, the HEU Blend Down Project. Funding of tive, should use existing Federal contracts international nuclear safety program, a re- $65,993,000, an increase of $2,993,000 over the for the disposal of low-level and mixed low- duction of $3,800,000 from the budget request. budget request, is provided for Project 99–D– level waste at commercial off-site disposal This funding is to be used only for activities 143, the Mixed Oxide Fuel Fabrication Facil- facilities. Further, before proceeding with in support of completing the upgrades to So- ity. These increases totaling $8,333,000 are any new on-site disposal cell, the Depart- viet-designed nuclear reactors. From within funded through balances remaining from ment is directed to submit to the House and available funds, the conference agreement prior year construction projects. Senate Committees on Appropriations an ob- Program direction.—The budget request in- provides $1,500,000 to transfer and implement jective analysis comparing the life-cycle cluded $51,459,000 for program direction ac- proven U.S.-developed Mechanical Stress Im- costs of on-site versus off-site disposal alter- tivities in this account. The conference provement Process technology requested by natives. Such analysis must address the con- agreement transfers this funding to the Of- cerns identified by the General Accounting the Russian Federation. The Department is fice of the NNSA Administrator account. Office in its recent report (GAO–01–441), to provide a status report on the progress of Funding adjustments.—The conference which found that the Department has not this project by March 31, 2002. agreement includes funding adjustments of Fissile materials disposition.—The conference made accurate estimates of waste volumes $57,833,000. This includes the use of $42,000,000 agreement provides $302,422,000 for fissile ma- and transportation costs when comparing of prior year balances, as requested in the on-site versus off-site alternatives. terials disposition, an increase of $12,333,000 budget; $8,333,000 from prior year balances in Site/Project Completion.—The conference over the budget request. Limitations on the fissile materials disposition construction agreement provides additional funding to amount of funding which remains in the projects; and $7,500,000 from prior year unob- mitigate funding shortfalls at the following United States shall not apply to the fissile ligated and uncosted balances. sites: $18,000,000 for the Idaho site; $20,000,000 material disposition programs. for the Savannah River Site in South Caro- The conference agreement includes NAVAL REACTORS lina; $34,300,000 for the Hanford site in Rich- $5,000,000 to support the joint United States- The conference agreement provides land, Washington; and $7,000,000 for South Russian program to develop an advanced re- $688,045,000 for Naval Reactors, the same as the budget request. Valley, Kansas City, Pantex, and Sandia. actor for plutonium disposition. The United The conference agreement includes OFFICE OF THE ADMINISTRATOR States should take advantage of this tech- $9,000,000 to expedite the remediation and nology for a possible next generation nuclear The conference agreement provides conveyance of up to 2000 acres of land for the power reactor for United States and foreign $312,596,000 for the Office of the Adminis- use of Pueblo of San Ildefonso and approxi- markets. Therefore, the Department should trator instead of $10,000,000 as proposed by mately 100 acres to the County of Los Ala- explore opportunities to develop and exploit the House and $15,000,000 as proposed by the mos consistent with the direction of section this technology for commercial purposes. Senate. The conference agreement consoli- 632 of Public Law 105–119. The conferees are concerned that the Ad- dates program direction funds of $337,596,000 Funding of $20,000,000 has been provided for ministration’s consideration of alternative requested in the weapons activities, defense a new construction project, Project 02–D–420, plutonium disposition and management sce- nuclear nonproliferation, and office of the Plutonium Packaging and Stabilization, at narios, combined with a much lower than ex- administrator appropriation accounts. Total the Savannah River Site. At the request of pected budget request, have introduced sub- funding of $312,596,000 has been provided, a the Department, the conference agreement stantial instability into both the Russian reduction of $25,000,000 from the original re- consolidates funding from the following and U.S. components of the plutonium dis- quest. This reduction anticipates efficiencies sources for this project: $7,500,000 from cur- position program. The conferees regard this to be gained through this consolidation and rent and prior year balances in Project 01–D– program as one of the most important non- the use of prior year unobligated balances 414, Project Engineering and Design (PE&D); proliferation initiatives undertaken between from the three merged program direction ac- $4,000,000 from prior year balances available the United States and Russia. It is also counts. from cancellation of Project 01–D–415, 235–F closely integrated into the Department’s en- The conferees do not support increasing Packaging and Stabilization project; and vironmental cleanup and material manage- the total number of staff in the NNSA. While $8,500,000 from prior year balances provided ment programs. The instabilities injected there is broad agreement that NNSA may to the Savannah River Site in fiscal year into this program are jeopardizing the future not have the appropriate skill mix in its ex- 2001 for plutonium stabilization activities. of this program, both in this country and in isting work force, there is also broad agree- Funding of $2,754,000 is provided for Project Russia, and may result in the permanent loss ment that simply adding more people is not 01–D–414, Project Engineering and Design, as of this significant opportunity. the answer. proposed by the House.

VerDate 13-OCT-2001 08:38 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00136 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.117 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7495 Post 2006 Completion.—The conference weekly fines due to the Department’s failure ate. Funding is provided for the following agreement provides additional funding over to begin construction on the waste treat- projects: $620,504,000 for the Rocky Flats Site the budget request for several activities. Ad- ment plant. As demonstrated in this con- in Colorado; $295,299,000 for Fernald, Ohio; ditional funding of $105,000,000 is provided for ference, the conferees continue to ade- $91,000,000 for the Mound site in Ohio; the Idaho site. From within these funds, quately support this project and believe the $16,000,000 for the Ashtabula site in Ohio; and $15,000,000 is to initiate activities associated weekly fines may only be serving to distract $16,100,000 for the Columbus environmental with the demonstration of waste retrieval at site managers from the mission of cleanup. management project in Ohio. The conferees the subsurface disposal area at the Idaho Na- Science and technology development.—The expect the Department to request adequate tional Engineering and Environmental Lab- conference agreement provides $255,768,000 funds to keep each of these projects on oratory (INEEL); $700,000 is to continue con- for the science and technology development schedule for closure by 2006 or earlier. ceptual design activities for a subsurface program. The conference agreement provides Funding of $53,975,000 is provided for safe- geosciences laboratory at Idaho; $4,000,000 is $4,000,000 for the next round of new and inno- guards and security. Any savings resulting for the Subsurface Science Research Insti- vative research grants in the environmental from safeguards and security costs are to be tute operated by the Inland Northwest Re- management science program in fiscal year retained and used for cleanup activities at search Alliance and the INEEL; and up to 2002. the closure sites. $750,000 is to evaluate the need for a remote- The conference agreement includes DEFENSE ENVIRONMENTAL MANAGEMENT handled transuranic waste facility at ANL- $4,000,000 for the international agreement PRIVATIZATION West and initiate conceptual design if need- with AEA Technology; $7,000,000 for the De- The conference agreement provides ed. partment’s cooperative agreement with the $153,537,000 for the defense environmental The conferees encourage the Department Florida International University; $27,100,000 management privatization program instead of Energy to use alternative dispute resolu- for the D&D focus area program; $33,800,000 of $143,208,000 as proposed by the House and tion to resolve claims relating to the con- for industry and university programs; $157,537,000 as proposed by the Senate. The tract dispute on Pit 9 at Idaho. $5,000,000 for the Western Environmental conference agreement includes $13,329,000 for Additional funding of $125,000,000 is pro- Technology Office; $4,000,000 to continue the Paducah Disposal Facility in Kentucky, vided for the Savannah River Site in South evaluation, development and demonstration the same as the budget request. Carolina. From within available funds, of the Advanced Vitrification System; Funding of $52,000,000 has been provided for $8,000,000 is provided for the Savannah River $3,000,000 to continue engineering, develop- the Advanced Mixed Waste Treatment Ecology Laboratory, an increase of $2,000,000 ment and deployment of remote monitoring Project (AMWTP) in Idaho, an increase of over the budget request, and $800,000 is pro- systems for the underground test area; $12,000,000 over the budget request of vided to continue the Department’s relation- $5,000,000 for the Diagnostic Instrumentation $40,000,000. Funding for the AMWTP does not ship with the University of South Carolina’s and Analysis Laboratory; and $4,350,000 for include financing and termination liability Center for Water Resources. the university robotics research program. costs for fiscal year 2002 that would be re- Additional funding of $110,000,000 is pro- Limitation on multi-year funding agree- quired of the Department of Energy in the vided for the Hanford site in Richland, Wash- ments.—The Department is directed not to unlikely event of a termination for conven- ington, to support the River Corridor Initia- sign any new funding agreement that com- ience as stipulated in the project contract. tive. From within available funds, $8,481,000 mits more than one year of funding for is provided for the hazardous waste worker science and technology activities with any OTHER DEFENSE ACTIVITIES training program, an increase of $7,481,000 entity. The following types of agreements The conference agreement provides over the budget request, and $600,000 is pro- are exempt from this direction: basic and ap- $544,044,000 for Other Defense Activities in- vided for State of Oregon oversight activi- plied research projects that have been com- stead of $487,464,000 as proposed by the House ties. The Department is expected to continue petitively awarded; competitively awarded and $564,168,000 as proposed by the Senate. making PILT payments at last year’s level science and technology projects that are Details of the conference agreement are pro- to counties that have the Hanford reserva- phased such that funding for the succeeding vided below. tion within their boundaries. phases is contingent upon successful per- SECURITY AND EMERGENCY OPERATIONS Additional funding of $3,400,000 is provided formance, continued scientific merit, and For security and emergency operations for cleanup activities at the Nevada Test mission relevance of the work to environ- funding managed at Headquarters, the con- Site and $3,000,000 to continue the under- mental management; and projects requiring ference agreement provides $250,427,000, a re- ground test area groundwater flow charac- significant infrastructure investment which duction of $18,823,000 from the budget re- terization drilling program. will be cost shared between the Department quest. The conference agreement provides Additional funding of $10,000,000 is provided and the performing entity. For new science total safeguards and security funding of to continue remediation, waste manage- and technology projects not meeting one of $1,004,716,000 which includes $754,289,000 for ment, and nuclear materials stewardship ac- the above exemptions, the Department shall safeguards and security activities at Depart- tivities at Los Alamos National Laboratory provide written notification to the Commit- mental field offices and facilities. For field and to support New Mexico State Agree- tees of its intent to enter into an agreement sites, this is an increase of $63,451,000 over ments-in-Principal requirements. that commits more than one year of funding fiscal year 2001 funding of $665,178,000 for Additional funding of $10,000,000 is provided a minimum of 60 days prior to award. This for cleanup activities at the Lawrence Liver- safeguards and security activities. notification must provide a detailed descrip- Funding of $116,500,000 is provided for nu- more National Laboratory. tion of the project, the expected benefits, Additional funding of $28,100,000 is provided clear safeguards and security, including and a justification for multiple year funding. to the Carlsbad field office. This includes $2,500,000 to procure safety locks to meet Excess facilities.—The conference agreement $17,100,000 for Waste Isolation Pilot Plant Federal specifications. includes $5,000,000, an increase of $3,700,000 (WIPP) operations; $7,000,000 to implement The conference agreement provides over the budget request, for excess facilities. program-wide best practices to optimize $44,927,000 for security investigations, the These funds are to be used to initiate D&D of waste processing, develop new technology so- same as the budget request. excess facilities owned by the environmental lutions, and develop a mobile/modular ap- Funding of $10,000,000 is provided for the management program. proach for small quantity sites; $3,000,000 to Corporate Management Information System Safeguards and security.—The conference continue the U.S.-Mexico Border Health in this account, a reduction of $10,000,000 agreement includes $205,621,000, the same as Commission/Materials Corridor Partnership from the budget request, and $5,000,000 is pro- the budget request, for safeguards and secu- Initiative; and $1,000,000 for research, devel- vided in the Departmental Administration rity activities at laboratories and facilities opment, and initial demonstration in sup- account. managed by the Office of Environmental port of an experiment to be conducted at Program direction.—The conference agree- Management. ment provides $79,000,000 for program direc- WIPP to evaluate the mass of the neutrino. Program direction.—The conferees have pro- Office of River Protection.—The conference tion, a decrease of $4,135,000 from the budget vided $355,761,000, the same as the budget re- agreement provides $1,033,468,000, an increase request. quest, for the program direction account. of $221,000,000 over the budget request, for INTELLIGENCE Funding adjustments.—The conference the Office of River Protection at the Hanford agreement includes the use of $56,770,000 of The conference agreement includes site in Washington. Funding of $665,000,000 prior year balances, an increase of $20,000,000 $40,844,000, the same as the budget request, has been provided for Project 01–D–416, the over the budget request, which funds Project for the Department’s intelligence program. Hanford Waste Treatment Plant, to vitrify 02–D–420 at the Savannah River Site. A secu- COUNTERINTELLIGENCE the high-level waste in underground tanks. rity charge for reimbursable work of While the conferees share Washington The conference agreement includes $5,391,000, the same as the budget request, is State’s concern regarding the Administra- $46,000,000, a reduction of $389,000 from the included, and a general reduction of tion’s inadequate budget request for the Of- budget request, for the Department’s coun- $92,110,000, due to funding constraints. fice of River Protection and Hanford cleanup terintelligence program. activities and recognize the right of the DEFENSE FACILITIES CLOSURE PROJECTS ADVANCED ACCELERATOR APPLICATIONS State to levy fines under the Tri-Party The conference agreement provides The conference agreement provides Agreement, the conferees question the con- $1,092,878,000 as proposed by the House in- $50,000,000 to continue research on advanced structiveness of the State’s imposition of stead of $1,080,538,000 as proposed by the Sen- accelerator applications, including $4,500,000

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for research and development of technologies WORKER AND COMMUNITY TRANSITION tricity transmission from lignite and wind for economic and environmentally-sound re- The conference agreement provides energy. finement of spent nuclear fuel at the Univer- $20,000,000 for the worker and community The amount appropriated for construction sity of Nevada-Las Vegas; $4,000,000 for reac- transition program as proposed by the Sen- and rehabilitation includes $2,700,000 to fund tor-based transmutation studies; and ate. Funding of $900,000 has been provided for high priority portions of the South of Phoe- $1,500,000 for the Idaho Accelerator Center. infrastructure improvements at the former nix portion of the Parker-Davis Project No funds are provided for Project 98–D–126, Pinellas weapons plant. transmission system. The Federal share of Accelerator Production of Tritium. The conference agreement provides that no the upfront costs is to be recovered through The President’s National Energy Policy of funds may be used to augment the $20,000,000 the transmission rates of the Parker-Davis May 2001 acknowledged the potential of re- made available for obligation for severance Project. Western should pursue additional processing and transmutation technologies payments and other benefits and community funds from those utilities requiring addi- to reduce the quantity and long-term tox- tional transmission capacity, and the con- icity of spent nuclear fuel, and recommended assistance grants unless the Department of Energy submits a reprogramming request ferees expect that any funding received will further consideration of such technologies. be used to offset future appropriations re- The Advanced Accelerator Applications pro- subject to approval by the appropriate Con- gressional committees. quirements. gram will provide the technical information Funding of $6,000,000 is provided for the to support a future policy decision on these NATIONAL SECURITY PROGRAMS Utah Reclamation Mitigation and Conserva- options. ADMINISTRATIVE SUPPORT tion Account. The Department is directed to prepare a The conference agreement provides The conference agreement provides report for Congress by May 1, 2002, providing $22,000,000 for national security programs ad- $109,378,000 for program direction, a reduc- a comparison of the chemical and pyro-re- ministrative support instead of $25,000,000 as tion of $5,000,000 from the budget request. processing, accelerator-driven transmuta- proposed by the House and the Senate. tion, and fast reactor transmutation alter- FALCON AND AMISTAD OPERATING AND natives, fully disclosing all waste streams OFFICE OF HEARINGS AND APPEALS MAINTENANCE FUND and estimating the life-cycle costs to con- The conference agreement provides The conference agreement includes struct, operate, and decommission and de- $2,893,000 for the Office of Hearings and Ap- $2,663,000, the same as the budget request, for contaminate all necessary facilities. The De- peals, the same as the budget request. the Falcon and Amistad Operating and Main- partment should also compare the prolifera- FUNDING ADJUSTMENTS tenance Fund. tion resistance of the various technologies. Funding adjustments include a security FEDERAL ENERGY REGULATORY COMMISSION The baseline for all comparisons should be charge for reimbursable work of $712,000 and SALARIES AND EXPENSES the once-through fuel cycle as presently used in the United States, and the amount of a general reduction of $20,000,000. The gen- The conference agreement includes spent nuclear fuel presently scheduled for eral reduction should be applied to programs $184,155,000, a $3,000,000 increase over the disposal in the geologic repository. The con- which have unobligated balances carried budget request for the Federal Energy Regu- ferees expect this report to present the De- over from prior fiscal years and lower pri- latory Commission. The conference agree- partment’s strategy for siting the new proc- ority program activities. ment also includes statutory language au- essing and disposal facilities that would be DEFENSE NUCLEAR WASTE DISPOSAL thorizing an additional five senior executive required for the various reprocessing and The conference agreement provides service positions for the Federal Energy Reg- transmutation alternatives, again assuming $280,000,000 for the defense contribution to ulatory Commission. The conference agree- a capacity sufficient to process the amount the nuclear waste repository program in- ment does not include bill language proposed of spent fuel presently scheduled for geologic stead of $310,000,000 as proposed by the House by the House prohibiting the use of funds to disposal. The conferees encourage the par- and $250,000,000 as proposed by the Senate. authorize construction of the Gulfstream ticipation of international collaborators, in- Natural Gas Project. dustrial partners, and U.S. universities in POWER MARKETING ADMINISTRATIONS The conferees direct the Commission to this effort. BONNEVILLE POWER ADMINISTRATION FUND submit a report to Congress by January 31, INDEPENDENT OVERSIGHT AND PERFORMANCE The conference agreement does not incor- 2002, on the economic impacts on western ASSURANCE porate Senate language providing new bor- utilities and ratepayers associated with the The conference agreement provides rowing authority to the Bonneville Power Commission’s emergency order imposing $14,904,000, the same as the budget request, Administration. No new direct loan obliga- price caps on daily spot power sales resulting for the independent oversight and perform- tions may be made during fiscal year 2002 as from the inability of western load serving ance assurance program. The conferees are proposed by the House. utilities to recover costs from daily sales of aware that additional duties for environ- OPERATION AND MAINTENANCE, SOUTHEASTERN excess power from long-term forward con- mental oversight have been assigned to this POWER ADMINISTRATION tracts. office and expect the Department to submit The conference agreement includes GENERAL PROVISIONS a reprogramming to transfer an estimated $4,891,000, the same as the budget request, for DEPARTMENT OF ENERGY $7,000,000 to support these oversight activi- the Southeastern Power Administration. Sec. 301. The conference agreement in- ties which have been funded previously in cludes a provision proposed by the House the environment, safety and health program. OPERATION AND MAINTENANCE, SOUTHWESTERN POWER ADMINISTRATION that none of the funds may be used to award ENVIRONMENT, SAFETY AND HEALTH (DEFENSE) The conference agreement includes a management and operating contract unless The conference agreement provides such contract is awarded using competitive $117,688,000 for defense-related environment, $28,038,000, the same as the budget request, for the Southwestern Power Administration. procedures, or the Secretary of Energy safety and health activities. From within grants a waiver to allow for such a deviation. available funds, $53,438,000 is provided for CONSTRUCTION, REHABILITATION, OPERATION At least 60 days before the Secretary grants health effects studies and $13,500,000 for the AND MAINTENANCE, WESTERN AREA POWER such a waiver, the Secretary must submit a Radiation Effects Research Foundation, the ADMINISTRATION report setting forth, in specificity, the sub- same as the budget request. The conferees The conference agreement provides stantive reasons why the requirement for have provided $5,000,000 to continue a pro- $171,938,000, instead of $172,165,000 as proposed competition should be waived. This language gram at the University of Nevada-Las Vegas by the House and $169,465,000 as proposed by slightly modifies a provision carried in pre- for Department-wide management of elec- the Senate. The conference agreement does vious Energy and Water Development Appro- tronic records; $1,750,000 for the University of not include bill language proposed by the priations Acts. Louisville and the University of Kentucky to Senate earmarking funds for specific activi- Sec. 302. The conference agreement in- perform epidemiological studies of workers; ties. cludes a provision proposed by the House and and $1,000,000 for health studies of workers at Of the amount appropriated, not less than Senate that none of the funds may be used to the Iowa Army Ammunition Plant. The U.S. government is currently renegoti- $200,000 shall be provided for corridor review prepare or implement workforce restruc- ating its diplomatic, defense, and economic and environmental review required for con- turing plans or provide enhanced severance relationship with the Government of the Re- struction of a 230 kv transmission line be- payments and other benefits and community public of the Marshall Islands (RMI). The tween Belfield and Hettinger, North Dakota. assistance grants for Federal employees of conferees urge the U.S. government to pro- These funds shall be non-reimbursable. With- the Department of Energy under section 3161 vide a single, combined package of assist- in the amount appropriated, not less than of the National Defense Authorization Act of ance to support the medical and public $200,000 shall be provided for the Western Fiscal Year 1993, Public Law 102-484. This health infrastructure needs of the Marshall Area Power Administration to conduct a provision has been carried in previous En- Islands and believe that the negotiations technical analysis of the costs and feasi- ergy and Water Development Appropriations should include discussion of the transition of bility of transmission expansion methods Acts. the environmental monitoring program to and technologies. These funds shall be non- Sec. 303. The conference agreement in- the RMI. reimbursable. Western shall publish a study cludes a provision proposed by the Senate The conference agreement includes by July 31, 2002, that contains a rec- that none of the funds may be used to aug- $22,000,000 for program direction, a reduction ommendation of the most cost-effective ment the $20,000,000 made available for obli- of $1,293,000 from the budget request. methods and technologies to enhance elec- gation for severance payments and other

VerDate 13-OCT-2001 08:38 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00138 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.120 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7497 benefits and community assistance grants ing notice and competition required for De- Sec. 312. The conference agreement modi- unless the Department of Energy submits a partment of Energy user facilities. fies language proposed by the Senate prohib- reprogramming request subject to approval Sec. 308. The conference agreement in- iting oil and gas drilling in the Finger Lakes by the appropriate Congressional commit- cludes language limiting the types of waste National Forest, New York. No Federal per- tees. This provision has been carried in pre- that can be disposed of in the Waste Isola- mit or lease shall be issued during fiscal year vious Energy and Water Development Appro- tion Pilot Plant in New Mexico. None of the 2002. priations Acts. funds may be used to dispose of transuranic Provisions not adopted by the conference.— Sec. 304. The conference agreement in- waste in excess of 20 percent plutonium by The conference agreement deletes section 307 cludes a provision proposed by the House and weight for the aggregate of any material cat- of the House bill and section 306 of the Sen- Senate that none of the funds may be used to egory. At the Rocky Flats site, this provi- ate bill pertaining to LDRD. prepare or initiate Requests for Proposals for sion includes ash residues; salt residues; wet The conference agreement deletes section a program if the program has not been fund- residues; direct repackage residues; and 309 of the Senate bill allowing each Federal ed by Congress in the current fiscal year. scrub alloy as referenced in the ‘‘Final Envi- power marketing administration to engage This provision also precludes the Depart- ronmental Impact Statement on Manage- in activities relating to the formation and ment from initiating activities for new pro- ment of Certain Plutonium Residues and operation of a regional transmission organi- grams which have been proposed in the budg- Scrub Alloy Stored at the Rocky Flats Envi- zation. et request, but which have not yet been fund- ronmental Technology Site’’. This provision The conference agreement deletes section ed by Congress. This provision has been car- has been carried in previous Energy and 312 of the Senate bill requiring the Secretary ried in previous Energy and Water Develop- Water Development Appropriations Acts. of Energy to conduct a study of alternative ment Appropriations Acts. Sec. 309. The conference agreement in- financing approaches for infrastructure and cludes language proposed by the Senate al- (TRANSFERS OF UNEXPENDED BALANCES) facility construction projects at the Depart- lowing the Administrator of the National ment of Energy. This reporting requirement Sec. 305. The conference agreement in- Nuclear Security Administration to author- is addressed in the statement of the man- cludes a provision proposed by the House and ize certain nuclear weapons production agers. Senate that permits the transfer and merger plants to use not more than 2 percent of The conference agreement deletes section of unexpended balances of prior appropria- available funds for research, development 313 of the Senate bill requiring the Secretary tions with appropriation accounts estab- and demonstration activities. This provision of Energy to implement certain reporting lished in this bill. This provision has been has been carried in previous Energy and structures for the Paducah Gaseous Diffu- carried in previous Energy and Water Devel- Water Development Appropriations Acts. sion Plant in Kentucky. This requirement is opment Appropriations Acts. Sec. 310. The conference agreement in- addressed in the statement of the managers. Sec. 306. The conference agreement in- cludes language proposed by the Senate al- The conference agreement deletes section cludes language proposed by the House pro- lowing the Administrator of the National 314 of the Senate bill expressing the sense of hibiting the Bonneville Power Administra- Nuclear Security Administration to author- the Senate on Yucca Mountain. tion from performing energy efficiency serv- ize the manager of the Nevada Operations Of- The conference agreement deletes section ices outside the legally defined Bonneville fice to use not more than 2 percent of avail- 315 of the Senate bill pertaining to consulta- service territory unless the Administrator able funds for research, development and tions with the State of South Carolina on certifies in advance that such services are demonstration activities necessary for oper- the disposition of plutonium. This issue is not available from private sector businesses. ations and readiness of the Nevada Test Site. addressed in the statement of the managers. This provision has been carried in previous Sec. 311. The conference agreement in- Energy and Water Development Appropria- cludes language proposed by the Senate CONFERENCE RECOMMENDATIONS tions Acts. amending section 1 of Public Law 105–204 per- The conference agreement’s detailed fund- Sec. 307. The conference agreement amends taining to depleted uranium hexafluoride by ing recommendations for programs in title section 308 as proposed by the House regard- extending the date to fiscal year 2005. III are contained in the following table.

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VerDate 13-OCT-2001 08:38 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00153 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.124 pfrm01 PsN: H30PT1 EH301001.069 H7512 CONGRESSIONAL RECORD — HOUSE October 30, 2001 TITLE IV language included in the conference agree- Budget estimates of new INDEPENDENT AGENCIES ment is only an interim measure until a (obligational) author- more permanent solution can be reached, ei- ity, fiscal year 2002 ...... +2,077,998 APPALACHIAN REGIONAL COMMISSION ther by the authorization committees or House bill, fiscal year The conference agreement includes through a revised rulemaking. 2002 ...... +891,000 $71,290,000 for the Appalachian Regional OFFICE OF INSPECTOR GENERAL Senate bill, fiscal year Commission as proposed by the House in- 2002 ...... ¥362,837 stead of $66,290,000 as proposed by the Senate. The conference agreement includes $6,180,000 as proposed by the House, to be off- The conferees support the Appalachian- SONNY CALLAHAN, set by revenues of $5,933,000, for a net appro- Turkish Trade Project to promote trade and HAROLD ROGERS, priation of $247,000. This reflects the statu- investment opportunities. Funding of RODNEY P. tory language adopted by the conference in $5,000,000 has been provided for a child devel- FRELINGHUYSEN, the prior fiscal year to reduce the fee recov- opment research center at the University of TOM LATHAM, ery requirement to 96 percent in fiscal year Alabama. ROGER F. WICKER, 2002. From within available funds, the conferees ZACH WAMP, have provided $250,000 for the University of NUCLEAR WASTE TECHNICAL REVIEW BOARD JO ANN EMERSON, Georgia to conduct a study to determine the SALARIES AND EXPENSES JOHN T. DOOLITTLE, feasibility of creating a commission to carry The conference agreement provides BILL YOUNG, out a comprehensive program of economic $3,100,000 as proposed by the House instead of PETER J. VISCLOSKY, and human resource development of the so- $3,500,000 as proposed by the Senate. ED PASTOR, called Black Belt Region. TITLE V JAMES E. CLYBURN, LUCILLE ROYBAL-ALLARD, DEFENSE NUCLEAR FACILITIES SAFETY BOARD GENERAL PROVISIONS Managers on the Part of the House. SALARIES AND EXPENSES Sec. 501. The conference agreement in- The conference agreement includes cludes language directing that none of the PETE V. DOMENICI, HAD COCHRAN, $18,500,000 for the Defense Nuclear Facilities funds in this Act may be used in any way, di- T MITCH MCCONNELL, Safety Board as proposed by the House and rectly or indirectly, to influence congres- ROBERT F. BENNETT, Senate. sional action on any legislation or appropria- tion matters pending before Congress, other CONRAD BURNS, DELTA REGIONAL AUTHORITY than to communicate to Members of Con- LARRY CRAIG, SALARIES AND EXPENSES gress as described in section 1913 of title 18, TED STEVENS, The conference agreement includes United States Code. This provision has been HARRY REID, $10,000,000 for the Delta Regional Authority carried in previous Energy and Water Devel- ROBERT C. BYRD, instead of $20,000,000 as proposed by the Sen- opment Appropriations Acts. FRITZ HOLLINGS, ate and no funding as proposed by the House. Sec. 502. The conference agreement in- PATTY MURRAY, The conferees expect the Authority to sub- cludes language regarding the purchase of BYRON L. DORGAN, mit quarterly financial reports providing de- American-made equipment and products, and DIANNE FEINSTEIN, tailed accounting data on the expenditure of prohibiting contracts with persons falsely la- TOM HARKIN, funds during fiscal year 2002 and thereafter. beling products as made in America. This DANIEL K. INOUYE, The conferees also expect to receive from the provision has been carried in previous En- Managers on the Part of the Senate. ergy and Water Development Appropriations Authority a detailed budget justification if f funds are requested in fiscal year 2003. Acts. Sec. 503. The conference agreement modi- CONFERENCE REPORT ON H.R. 2647, DENALI COMMISSION fies language proposed by the Senate to re- LEGISLATIVE BRANCH APPRO- The conference agreement includes quire the Secretary of the Army to conduct PRIATIONS ACT, 2002 $38,000,000 for the Denali Commission instead a study on the environmental effects of oil of $40,000,000 as proposed by the Senate and and gas drilling in the Great Lakes and pro- Mr. SHERWOOD submitted the fol- no funding as proposed by the House. The hibit Federal and State issuance of permits lowing conference report and state- conferees expect the Denali Commission to or leases for new drilling from October 1, 2001 ment on the bill (H.R. 2647) making ap- submit quarterly financial reports providing through September 30, 2003. propriations for the Legislative Branch detailed accounting data on the expenditure Provisions not adopted.—The conference for the fiscal year ending September 30, of funds during fiscal year 2002 and there- agreement deletes Section 503 of the House after. The conferees also expect to receive bill providing that no funds may be used to 2002, and for other purposes: from the Commission a detailed budget jus- determine the final point of discharge for the CONFERENCE REPORT (H. REPT. 107–259) tification if funds are requested in fiscal interceptor drain for the San Luis Unit of The committee of conference on the dis- year 2003. the Central Valley Project until certain con- agreeing votes of the two Houses on the NUCLEAR REGULATORY COMMISSION ditions are met. This provision has been amendments of the Senate to the bill (H.R. moved to Title II of the bill as proposed by 2647) ‘‘making appropriations for the Legisla- SALARIES AND EXPENSES the Senate. tive Branch for the fiscal year ending Sep- The conference agreement includes The conference agreement deletes Section tember 30, 2002, and for other purposes’’, hav- $516,900,000 as proposed by the House and the 505 of the House bill pertaining to the Buy ing met, after full and free conference, have Senate, to be offset by revenues of American Act. agreed to recommend and do recommend to $473,520,000, as proposed by the House, for a The conference agreement deletes Section their respective Houses as follows: net appropriation of $43,380,000. This reflects 506 of the House bill prohibiting the use of That the House recede from its disagree- the statutory language adopted by the con- funds to drill for gas and oil in the Mosquito ment to the amendment of the Senate num- ference in the prior fiscal year to reduce the Creek Reservoir in Ohio. bered 5. fee recovery requirement to 96 percent in fis- CONFERENCE TOTAL—WITH COMPARISONS Amendment numbered 1: cal year 2002. The conference amount pro- The total new budget (obligational) au- That the House recede from its disagree- vides an increase of $10,000,000 over the budg- thority for the fiscal year 2002 recommended ment to the amendment of the Senate num- et request, with the standard formula for fee by the Committee of Conference, with com- bered 1, and agree to the same with an recovery being applied to this added incre- parisons to the fiscal year 2001 amount, the amendment, as follows: ment of funding. 2002 budget estimates, and the House and In lieu of the matter proposed by said The conference agreement includes lan- Senate bills for 2002 follow: amendment, insert: guage prohibiting the implementation or en- [In thousands of dollars] That the following sums are appropriated, out forcement of the revised 10 C.F.R. Part 35, as of any money in the Treasury not otherwise ap- New budget (obligational) adopted by the Nuclear Regulatory Commis- propriated, for the Legislative Branch for the authority, fiscal year sion on October 23, 2000, with respect to diag- fiscal year ending September 30, 2002, and for nostic nuclear medicine, except for those 2001 ...... $24,512,565 Budget estimates of new other purposes, namely: parts of the new rule which establish revised (obligational) authority, TITLE I—CONGRESSIONAL OPERATIONS training and experience requirements for fiscal year 2002 ...... 23,008,002 SENATE persons seeking licensing as authorized House bill, fiscal year 2002 24,195,000 EXPENSE ALLOWANCES users, until after the Commission has pro- Senate bill, fiscal year 2002 25,448,837 vided a report to the House and Senate Com- Conference agreement, fis- For expense allowances of the Vice President, mittees on Appropriations explaining why cal year 2002 ...... 25,086,000 $10,000; the President Pro Tempore of the Sen- the regulatory burden could not be reduced Conference agreement ate, $10,000; Majority Leader of the Senate, further in the new rule without adversely af- compared with: $10,000; Minority Leader of the Senate, $10,000; fecting public health and safety. The con- New budget Majority Whip of the Senate, $5,000; Minority ferees direct the Commission to submit this (obligational) author- Whip of the Senate, $5,000; and Chairmen of the report not later than January 31, 2002. The ity, fiscal year 2001 ...... +573,435 Majority and Minority Conference Committees,

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$3,000 for each Chairman; and Chairmen of the CONTINGENT EXPENSES OF THE SENATE (6) STUDENT LOAN.—The term ‘‘student loan’’ Majority and Minority Policy Committees, $3,000 INQUIRIES AND INVESTIGATIONS means— for each Chairman; in all, $62,000. (A) a loan made, insured, or guaranteed For expenses of inquiries and investigations under part B, D, or E of title IV of the Higher REPRESENTATION ALLOWANCES FOR THE ordered by the Senate, or conducted pursuant to Education Act of 1965 (20 U.S.C. 1071 et seq., MAJORITY AND MINORITY LEADERS section 134(a) of Public Law 601, Seventy-ninth 1087a et seq., or 1087aa et seq.); and For representation allowances of the Majority Congress, as amended, section 112 of Public Law (B) a health education assistance loan made and Minority Leaders of the Senate, $15,000 for 96–304 and Senate Resolution 281, agreed to or insured under part A of title VII of the Public each such Leader; in all, $30,000. March 11, 1980, $107,264,000. Health Service Act (42 U.S.C. 292 et seq.), or SALARIES, OFFICERS AND EMPLOYEES EXPENSES OF THE UNITED STATES SENATE CAUCUS under part E of title VIII of such Act (42 U.S.C. ON INTERNATIONAL NARCOTICS CONTROL For compensation of officers, employees, and 297a et seq.). others as authorized by law, including agency For expenses of the United States Senate Cau- (b) SENATE STUDENT LOAN REPAYMENT PRO- contributions, $104,039,000, which shall be paid cus on International Narcotics Control, $520,000. GRAM.— from this appropriation without regard to the SECRETARY OF THE SENATE (1) SERVICE AGREEMENTS.— (A) IN GENERAL.—The head of an employing below limitations, as follows: For expenses of the Office of the Secretary of office and an eligible employee may enter into a the Senate, $8,571,000, of which $7,000,000 shall OFFICE OF THE VICE PRESIDENT written service agreement under which— remain available until expended. For the Office of the Vice President, (i) the employing office shall agree to repay, $1,867,000. SERGEANT AT ARMS AND DOORKEEPER OF THE by direct payments on behalf of the eligible em- SENATE OFFICE OF THE PRESIDENT PRO TEMPORE ployee, any student loan indebtedness of the eli- For expenses of the Office of the Sergeant at gible employee that is outstanding at the time For the Office of the President Pro Tempore, Arms and Doorkeeper of the Senate, $95,904,000, the eligible employee and the employing office $473,000. of which $8,654,000 shall remain available until enter into the agreement, subject to this section; OFFICES OF THE MAJORITY AND MINORITY September 30, 2004, and of which $11,354,000 and LEADERS shall remain available until expended. (ii) the eligible employee shall agree to com- For Offices of the Majority and Minority MISCELLANEOUS ITEMS plete the 1-year required period of employment described in subsection (c)(1) with the employing Leaders, $2,868,000. For miscellaneous items, $14,274,000, of which office in exchange for the student loan pay- OFFICES OF THE MAJORITY AND MINORITY WHIPS not more than $3,000,000 may be made available ments. for mailings of postal patron postcards by Sen- For Offices of the Majority and Minority (B) CONTENTS OF SERVICE AGREEMENTS.— Whips, $1,912,000. ators for the purpose of providing notice of a (i) CONTENTS.—A service agreement under this town meeting by a Senator in a county (or COMMITTEE ON APPROPRIATIONS paragraph shall contain— equivalent unit of local government) that the (I) the start and end dates of the required pe- For salaries of the Committee on Appropria- Senator will personally attend: Provided, That tions, $9,875,000. riod of employment covered by the agreement; no funds for the purpose of such mailings shall (II) the monthly amount of the student loan CONFERENCE COMMITTEES be made available until the date of enactment of payments to be provided by the employing of- For the Conference of the Majority and the a statute authorizing the expenditure of funds fice; Conference of the Minority, at rates of com- for such purpose. (III) the employee’s agreement to reimburse pensation to be fixed by the Chairman of each SENATORS’ OFFICIAL PERSONNEL AND OFFICE the Senate under the conditions set forth in sub- such committee, $1,250,000 for each such com- EXPENSE ACCOUNT section (d)(1); mittee; in all, $2,500,000. For Senators’ Official Personnel and Office (IV) disclosure of the program limitations pro- vided for in subsection (d)(4) and paragraphs OFFICES OF THE SECRETARIES OF THE CON- Expense Account, $270,494,000. (2), (3), (6), and (7) of subsection (f); FERENCE OF THE MAJORITY AND THE CON- OFFICIAL MAIL COSTS (V) other terms to which the employing office FERENCE OF THE MINORITY For expenses necessary for official mail costs and employee agree (such as terms relating to For Offices of the Secretaries of the Con- of the Senate, $300,000. job responsibilities or job performance expecta- ference of the Majority and the Conference of ADMINISTRATIVE PROVISIONS tions); and the Minority, $618,000. (VI) any other terms prescribed by the Sec- SEC. 101. (a) Section 101(a) of the Supple- retary. POLICY COMMITTEES mental Appropriations Act, 1977 (2 U.S.C. 61h– TANDARD SERVICE AGREEMENTS.—The For salaries of the Majority Policy Committee (ii) S 6(a)) is amended in the first sentence by striking Secretary shall establish standard service agree- and the Minority Policy Committee, $1,275,000 ‘‘four individual consultants’’ and inserting ments for employing offices to use in carrying for each such committee; in all, $2,550,000. ‘‘six individual consultants’’, and is amended in out this section. OFFICE OF THE CHAPLAIN the second sentence by striking ‘‘one consult- (2) SUBMISSION OF AGREEMENTS.—On entering For Office of the Chaplain, $301,000. ant’’ and inserting ‘‘not more than two indi- into a service agreement under this section, the vidual consultants’’. OFFICE OF THE SECRETARY employing office shall submit a copy of the serv- (b) This section shall apply with respect to fis- ice agreement to the Secretary. For Office of the Secretary, $15,424,000. cal year 2002 and each fiscal year thereafter. (c) PROGRAM CONDITIONS.— OFFICE OF THE SERGEANT AT ARMS AND SEC. 102. STUDENT LOAN REPAYMENT PRO- (1) PERIOD OF EMPLOYMENT.—The term of the DOORKEEPER GRAM. (a) DEFINITIONS.—In this section: required period of employment under a service For Office of the Sergeant at Arms and Door- (1) COMMITTEE.—The term ‘‘Committee’’ agreement under this section shall be 1 year. On keeper, $39,082,000. means the Committee on Rules and Administra- completion of the required period of employment tion of the Senate. under such a service agreement, the eligible em- OFFICES OF THE SECRETARIES FOR THE MAJORITY (2) ELIGIBLE EMPLOYEE.— AND MINORITY ployee and the employing office may enter into (A) IN GENERAL.—Except as provided in sub- additional service agreements for successive 1- For Offices of the Secretary for the Majority paragraph (B), the term ‘‘eligible employee’’ year periods of employment. and the Secretary for the Minority, $1,350,000. means an individual— (2) AMOUNT OF PAYMENTS.— AGENCY CONTRIBUTIONS AND RELATED EXPENSES (i) who is an employee of the Senate; and (A) IN GENERAL.—The amount of student loan (ii) whose rate of pay as an employee of the For agency contributions for employee bene- payments made under service agreements under Senate, on the date on which such eligibility is fits, as authorized by law, and related expenses, this section on behalf of an eligible employee determined, does not exceed the rate of basic $25,219,000. may not exceed— pay for an employee for a position at ES–1 of (i) $500 in any month; or OFFICE OF THE LEGISLATIVE COUNSEL OF THE the Senior Executive Schedule as provided for in (ii) a total of $40,000. SENATE subchapter VIII of chapter 53 of title 5, United (B) PAYMENTS INCLUDED IN GROSS COMPENSA- For salaries and expenses of the Office of the States Code (including any locality pay adjust- TION LIMITATIONS.—Any student loan payment Legislative Counsel of the Senate, $4,306,000. ment applicable to the Washington, D.C.-Balti- made under this section in any month may not OFFICE OF SENATE LEGAL COUNSEL more Maryland consolidated metropolitan sta- result in the sum of the payment and the com- tistical area). For salaries and expenses of the Office of Sen- pensation of an employee for that month exceed- (3) EMPLOYEE OF THE SENATE.—The term ‘‘em- 1⁄12th of the applicable annual maximum ate Legal Counsel, $1,109,000. ing ployee of the Senate’’ has the meaning given the gross compensation limitation under section EXPENSE ALLOWANCES OF THE SECRETARY OF term in section 101 of the Congressional Ac- 105(d)(2), (e), or (f) of the Legislative Branch THE SENATE, SERGEANT AT ARMS AND DOOR- countability Act of 1995 (2 U.S.C. 1301). Appropriation Act, 1968 (2 U.S.C. 61–1(d)(2), (e), KEEPER OF THE SENATE, AND SECRETARIES FOR (4) EMPLOYING OFFICE.—The term ‘‘employing or (f)). THE MAJORITY AND MINORITY OF THE SENATE office’’ means the employing office, as defined (3) TIMING OF PAYMENTS.—Student loan pay- For expense allowances of the Secretary of the in section 101 of the Congressional Account- ments made under this section under a service Senate, $3,000; Sergeant at Arms and Door- ability Act of 1995 (2 U.S.C. 1301), of an em- agreement shall begin the first day of the pay keeper of the Senate, $3,000; Secretary for the ployee of the Senate. period after the date on which the agreement is Majority of the Senate, $3,000; Secretary for the (5) SECRETARY.—The term ‘‘Secretary’’ means signed and received by the Secretary, and shall Minority of the Senate, $3,000; in all, $12,000. the Secretary of the Senate. be made on a monthly basis.

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(d) LOSS OF ELIGIBILITY FOR STUDENT LOAN confidential or could disclose the identify of in- (9) NO ENTITLEMENT.—A student loan pay- PAYMENTS AND OBLIGATION TO REIMBURSE.— dividual employees or employing offices. Infor- ment under this section shall not be construed (1) IN GENERAL.—An employee shall not be eli- mation required to be contained in the report of to be an entitlement for any eligible employee. gible for continued student loan payments the Secretary under section 105(a) of the Legis- (10) TREATMENT OF PAYMENTS.—A student under a service agreement under this section lative Branch Act, 1965 (2 U.S.C. 104a) shall not loan payment under this section— and (except in a case in which an employee’s be considered to be personal information for (A) shall not be basic pay of an employee for duty is terminated under paragraph (2) or an purposes of this paragraph. purposes of chapters 83 and 84 of title 5, United employing office assumes responsibilities under (f) OTHER ADMINISTRATIVE MATTERS.— States Code (relating to retirement) and chapter paragraph (3)) shall reimburse the Senate for (1) ACCOUNT.— 87 of such title (relating to life insurance cov- the amount of all student loan payments made (A) IN GENERAL.—The Secretary shall estab- erage); and on behalf of the employee under the agreement, lish and maintain a central account from which (B) shall not be included in Federal wages for if, before the employee completes the required student loan payments available under this sec- purposes of chapter 85 of such title (relating to period of employment specified in the agree- tion shall be paid on behalf of eligible employ- unemployment compensation). ment— ees. (g) ALLOCATION OF FUNDS.— (1) MAXIMUM AMOUNT.—In this subsection, (A) the employee voluntarily separates from (B) OFFICE SUBACCOUNTS.—The Secretary the term ‘‘maximum amount’’, used with respect service with the employing office; shall ensure that, within the account estab- (B) the employee engages in misconduct or to a fiscal year, means— lished under subparagraph (A), a separate sub- (A) in the case of an employing office de- does not maintain an acceptable level of per- account is established for each employing office formance, as determined by the head of the em- scribed in subsection (i)(1)(A), the amount de- to be used by each such office to make student scribed in that subsection for that fiscal year; ploying office; or loan payments under this section. Such student (C) the employee violates any condition of the and loan payments shall be made from any funds agreement. (B) in the case of an employing office de- available to the employing office for student (2) TERMINATION OF AGREEMENT.—The duty of scribed in subsection (i)(1)(B), the amount de- loan payments that are contained in the sub- an eligible employee to fulfill the required period scribed in that subsection for that fiscal year. account for the office. of employment under the service agreement shall (2) ALLOCATION.—From the total amount IMITATION.—Amounts in each sub- be terminated if— (C) L made available to carry out this section for a (A) funds are not made available to cover the account established under this paragraph shall fiscal year, there shall be allocated to each em- cost of the student loan repayment program car- not be made available for any purpose other ploying office for that fiscal year— ried out under this section; or than to make student loan payments under this (A) the maximum amount for that employing (B) the employee and the head of the employ- section. office for that fiscal year; or ing office involved mutually agree to terminate (2) BEGINNING OF PAYMENTS.—Student loan (B) if the total amount is not sufficient to pro- the service agreement under subsection (f)(7). payments may begin under this section with re- vide the maximum amount to each employing of- (3) ANOTHER EMPLOYING OFFICE.—An employ- spect to an eligible employee upon— fice, an amount that bears the same relationship ing office who hires an eligible employee during (A) the receipt by the Secretary of a signed to the total amount as the maximum amount for a required period of employment under such a service agreement; and that employing office for that fiscal year bears service agreement may assume the remaining ob- (B) verification by the Secretary with the to the total of the maximum amounts for all em- ligations (as of the date of the hiring) of the em- holder of the loan that the eligible employee has ploying offices for that fiscal year. ployee’s prior employing office under the agree- an outstanding student loan balance that quali- (3) APPORTIONMENT.—In the case of an em- ment. fies for payment under this section. ploying office that is a Committee of the Senate, (4) FAILURE OF EMPLOYEE TO REIMBURSE.—If (3) LIMITATION.—Student loan payments may the funds allocated under this subsection shall an eligible employee fails to reimburse the Sen- be made under this section only with respect to be apportioned between the majority and minor- ate for the amount owed under paragraph (1), the amount of student loan indebtedness of the ity staff of the committee in the same manner as such amount shall be collected— eligible employee that is outstanding on the date amounts are apportioned between the staffs for (A) under section 104(c) of the Legislative Ap- on which the employee and the employing office salaries. propriation Act, 1977 (2 U.S.C. 60c–2a(c)) or sec- enter into a service agreement under this sec- (h) AUTHORIZATION OF APPROPRIATIONS.— tion 5514 of title 5, United States Code, if the eli- tion. Such payments may not be made under (1) IN GENERAL.—There are authorized to be gible employee is employed by any other office this section on a student loan that is in default appropriated (or otherwise made available from of the Senate or agency of the Federal Govern- or arrears. appropriations) to carry out this section the fol- ment; or (4) PAYMENT ON MULTIPLE LOANS.—Student lowing amounts for each fiscal year: (B) under other applicable provisions of law if loan payments may be made under this section (A) For each employing office that is the per- the eligible employee is not employed by any with respect to more than 1 student loan of an sonal office of a Senator, an amount equal to 2 other office of the Senate or agency of the Fed- eligible employee at the same time or separately, percent of the total sums appropriated for the eral Government. if the total payments on behalf of such employee fiscal year involved for administrative and cler- (5) CREDITING OF AMOUNTS.—Any amount re- do not exceed the limits under subsection ical salaries for such office. paid by, or recovered from, an eligible employee (c)(2)(A). (B) For each other employing office, an under this section shall be credited to the sub- (5) TREATMENT OF PAYMENTS.—Student loan amount equal to 2 percent of the total sums ap- account for the employing office from which the payments made on behalf of an eligible em- propriated for the fiscal year involved for sala- amount involved was originally paid. Any ployee under this section shall be in addition to ries for such office. IMITATION.—Amounts provided under this amount so credited shall be merged with other any basic pay and other forms of compensation (2) L section shall be subject to annual appropria- sums in such subaccount for the employing of- otherwise payable to the eligible employee, and tions. fice and shall be available for the same pur- shall be subject to withholding for income and (i) EFFECTIVE DATE.—This section shall apply poses, and subject to the same limitations (if employment tax obligations as provided for by to fiscal year 2002 and each fiscal year there- any), as the sums with which such amount is law. after. merged. (6) NO RELIEF FROM LIABILITY.—An agreement SEC. 103. (a) Agency contributions for employ- (e) RECORDS AND REPORTS.— to make student loan payments under this sec- (1) IN GENERAL.—Not later than January 1, ees whose salaries are disbursed by the Sec- tion shall not exempt an eligible employee from 2003, and each January 1 thereafter, the Sec- retary of the Senate from the appropriations ac- the responsibility or liability of the employee retary shall prepare and submit to the Com- count ‘‘Expenses of the United States Senate with respect to the loan involved and the eligi- mittee on Rules and Administration of the Sen- Caucus on International Narcotics Control’’ ble employee shall continue to be responsible for ate and the Committee on Appropriations of the under the heading ‘‘Congressional Operations’’ making student loan payments on the portion of Senate, a report for the fiscal year preceding the shall be paid from the Senate appropriations ac- any loan that is not covered under the terms of fiscal year in which the report is submitted, that count for ‘‘Salaries, Officers and Employees’’. the service agreement. contains information specifying— (b) This section shall apply to pay periods be- (7) REDUCTION IN PAYMENTS.—Notwith- (A) the number of eligible employees that re- ginning on or after October 1, 2001. standing the terms of a service agreement under ceived student loan payments under this sec- SEC. 104. (a) Section 5(a) under the sub- this section, the head of an employing office tion; and heading ‘‘ADMINISTRATIVE PROVISIONS’’ under (B) the costs of such payments, including— may reduce the amount of student loan pay- the heading ‘‘SENATE’’ under title I of the Leg- (i) the amount of such payments made for ments made under the agreement if adequate islative Branch Appropriations Act, 1996 (2 each eligible employee; funds are not available to such office. If the U.S.C. 58a note) is amended by striking ‘‘invoice (ii) the amount of any reimbursement amounts head of the employing office decides to reduce ends’’ and inserting ‘‘invoice begins’’. for early separation from service or whether any the amount of student loan payments for an eli- (b) The amendment made by subsection (a) waivers were provided with respect to such reim- gible employee, the head of the office and the shall take effect on October 1, 2001, and shall bursements; and employee may mutually agree to terminate the apply to base service periods beginning on or (iii) any other information determined to be service agreement. after that date. relevant by the Committee on Rules and Admin- (8) NO RIGHT TO CONTINUED EMPLOYMENT.—A SEC. 105. (a) Section 120 of Public Law 97–51 istration of the Senate or the Committee on Ap- service agreement under this section shall not be (2 U.S.C. 61g–6) is amended in the first sentence propriations of the Senate. construed to create a right to, promise of, or en- by striking ‘‘$75,000’’ and inserting ‘‘$100,000’’. (2) CONFIDENTIALITY.—Such report shall not titlement to the continued employment of the el- (b) This section shall apply with respect to fis- include any information which is considered igible employee. cal year 2002 and each fiscal year thereafter.

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SEC. 106. Effective on and after October 1, (b) TRANSPORTATION SUBSIDY.—An employing for salaries, expenses and temporary personal 2001, each of the dollar amounts contained in office may provide a monthly transportation services of House Information Resources, of the table under section 105(d)(1)(A) of the Legis- subsidy to an employee of the Senate up to the which $31,390,000 is provided herein: Provided, lative Branch Appropriations Act, 1968 (2 U.S.C. maximum monthly amount authorized under That of the amount provided for House Informa- 61–1(d)(1)(A)) shall be deemed to be the dollar section 132(f)(2)(A) of the Internal Revenue tion Resources, $8,656,000 shall be for net ex- amounts in that table, as adjusted by law and Code of 1986. penses of telecommunications: Provided further, in effect on September 30, 2001, increased by an HOUSE OF REPRESENTATIVES That House Information Resources is authorized additional $50,000 each. to receive reimbursement from Members of the PAYMENT TO WIDOWS AND HEIRS OF DECEASED SEC. 107. TRANSFERS FROM SENATE GIFT SHOP House of Representatives and other govern- MEMBERS OF CONGRESS TO PRESERVATION FUND. (a) IN GENERAL.—Sec- mental entities for services provided and such tion 2(c) of the Legislative Branch Appropria- For payment to Deborah Williams Spence, reimbursement shall be deposited in the Treas- tions Act, 1993 (2 U.S.C. 121d(c)) is amended— Floyd D. Spence Jr., Zacheriah W. Spence, Ben- ury for credit to this account; for salaries and (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and jamin G. Spence and Caldwell D. Spence, widow expenses of the Office of the Inspector General, (2) by adding at the end the following: and children of Floyd Spence, late a Represent- $3,756,000; for salaries and expenses of the Of- ‘‘(2) The Secretary of the Senate may transfer ative from the State of South Carolina, $145,100. fice of General Counsel, $894,000; for the Office from the fund to the Capitol Preservation Fund SALARIES AND EXPENSES of the Chaplain, $144,000; for salaries and ex- the net profits (as determined by the Secretary) penses of the Office of the Parliamentarian, in- from sales of items by the Senate Gift Shop For salaries and expenses of the House of Representatives, $878,050,000, as follows: cluding the Parliamentarian and $2,000 for pre- which are intended to benefit the Capitol Visitor paring the Digest of Rules, $1,344,000; for sala- HOUSE LEADERSHIP OFFICES Center.’’. ries and expenses of the Office of the Law Revi- (b) EFFECTIVE DATE.—The amendments made For salaries and expenses, as authorized by sion Counsel of the House, $2,107,000; for sala- by this section shall apply to fiscal years begin- law, $15,910,000, including: Office of the Speak- ries and expenses of the Office of the Legislative ning before, on, or after the date of enactment er, $1,866,000, including $25,000 for official ex- Counsel of the House, $5,456,000; for salaries of this Act. penses of the Speaker; Office of the Majority and expenses of the Corrections Calendar Of- SEC. 108. PROVISIONS RELATING TO SENATE Floor Leader, $1,830,000, including $10,000 for fice, $883,000; and for other authorized employ- COMMISSION ON ART. (a) MAINTENANCE OF OLD official expenses of the Majority Leader; Office ees, $140,000. SUPREME COURT CHAMBER.—Section 3 of Senate of the Minority Floor Leader, $2,224,000, includ- ALLOWANCES AND EXPENSES Resolution 382 (90th Congress) (40 U.S.C. 188b– ing $10,000 for official expenses of the Minority 2) is amended by striking ‘‘insofar as it’’ and in- Leader; Office of the Majority Whip, including For allowances and expenses as authorized by serting ‘‘and of the Old Supreme Court Chamber the Chief Deputy Majority Whip, $1,562,000, in- House resolution or law, $157,436,000, including: insofar as each’’. cluding $5,000 for official expenses of the Major- supplies, materials, administrative costs and (b) TECHNICAL AMENDMENTS.—Section 5 of ity Whip; Office of the Minority Whip, includ- Federal tort claims, $3,379,000; official mail for Senate Resolution 382 (90th Congress) (40 U.S.C. ing the Chief Deputy Minority Whip, $1,168,000, committees, leadership offices, and administra- 188b–4) is amended— including $5,000 for official expenses of the Mi- tive offices of the House, $410,000; Government (1) by striking ‘‘the sum of $15,000 each fiscal nority Whip; Speaker’s Office for Legislative contributions for health, retirement, Social Se- year,’’ and inserting ‘‘such amount as may be Floor Activities, $431,000; Republican Steering curity, and other applicable employee benefits, necessary each fiscal year,’’; and $152,957,000; and miscellaneous items including (2) by striking ‘‘the Chairman or Vice Chair- Committee, $806,000; Republican Conference, $1,342,000; Democratic Steering and Policy Com- purchase, exchange, maintenance, repair and man of the Commission’’ and inserting ‘‘the Ex- operation of House motor vehicles, inter- ecutive Secretary of the Commission and ap- mittee, $1,435,000; Democratic Caucus, $713,000; nine minority employees, $1,293,000; training parliamentary receptions, and gratuities to heirs proved by the Committee on Rules and Adminis- of deceased employees of the House, $690,000. tration of the Senate’’. and program development—majority, $290,000; CHILD CARE CENTER (c) EFFECTIVE DATE.—The amendments made training and program development—minority, by this section shall apply to fiscal year 2002 $290,000; Cloakroom Personnel—majority, For salaries and expenses of the House of and all succeeding fiscal years. $330,000; and Cloakroom Personnel—minority, Representatives Child Care Center, such SEC. 109. PROCUREMENT OF TEMPORARY HELP. $330,000. amounts as are deposited in the account estab- (a) IN GENERAL.—(1) Subject to regulations that MEMBERS’ REPRESENTATIONAL ALLOWANCES lished by section 312(d)(1) of the Legislative the Committee on Rules and Administration of INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL Branch Appropriations Act, 1992 (40 U.S.C. the Senate may prescribe, the Secretary of the EXPENSES OF MEMBERS, AND OFFICIAL MAIL 184g(d)(1)), subject to the level specified in the Senate and the Sergeant at Arms and Door- budget of the Center, as submitted to the Com- For Members’ representational allowances, in- keeper of the Senate may procure temporary mittee on Appropriations of the House of Rep- cluding Members’ clerk hire, official expenses, help services from a private sector source that resentatives. and official mail, $479,472,000. offers such services. Each procurement of serv- ADMINISTRATIVE PROVISIONS COMMITTEE EMPLOYEES ices under this subsection shall be for no longer SEC. 113. (a) Effective October 1, 2001, the fol- than 30 days. STANDING COMMITTEES, SPECIAL AND SELECT lowing four majority positions shall be trans- (2) A person performing services procured For salaries and expenses of standing commit- ferred from the Clerk to the Speaker: under paragraph (1) shall not, during the period tees, special and select, authorized by House res- (1) The position of chief of floor service. of the performance of the services, be an em- olutions, $104,514,000: Provided, That such (2) Two positions of assistant floor chief. ployee of the United States or be considered to amount shall remain available for such salaries (3) One position of cloakroom attendant. be an employee of the United States for any and expenses until December 31, 2002. (b) Effective October 1, 2001, the following purpose. four minority positions shall be transferred from (b) This section shall take effect on October 1, COMMITTEE ON APPROPRIATIONS the Clerk to the minority leader: 2001, and shall apply in fiscal year 2002 and For salaries and expenses of the Committee on (1) The position of chief of floor service. successive fiscal years. Appropriations, $23,002,000, including studies (2) Two positions of assistant floor chief. SEC. 110. Section 311(d) of the Legislative and examinations of executive agencies and (3) One position of cloakroom attendant. Branch Appropriations Act, 1991 (2 U.S.C. temporary personal services for such committee, (c) Notwithstanding any other provision of 59e(d)) is amended in the matter preceding para- to be expended in accordance with section 202(b) law, in the case of an individual who is an in- graph (1) by inserting ‘‘in the House, or official of the Legislative Reorganization Act of 1946 cumbent of a position transferred under sub- expenses for franked mail, employee salaries, of- and to be available for reimbursement to agen- section (a) or subsection (b) at the time of the fice space, furniture, or equipment and any as- cies for services performed: Provided, That such transfer, the total number of days of annual sociated information technology services (ex- amount shall remain available for such salaries leave and the total number of days of sick leave cluding handheld communications devices) in and expenses until December 31, 2002. which were provided by the Clerk to the indi- the Senate’’ after ‘‘expenses’’. SALARIES, OFFICERS AND EMPLOYEES vidual and which remain unused as of the date SEC. 111. The amount available to the Com- mittee on Rules and Administration for expenses For compensation and expenses of officers and of the transfer shall remain available for the in- under section 14(c) of Senate Resolution 54, employees, as authorized by law, $101,766,000, dividual to use after the transfer. agreed to March 8, 2001, is increased by $150,000. including: for salaries and expenses of the Of- SEC. 114. (a) The third sentence of section fice of the Clerk, including not more than 104(a)(1) of the Legislative Branch Appropria- SEC. 112. TRANSPORTATION SUBSIDY FOR EM- PLOYEES OF THE SENATE. $11,000, of which not more than $10,000 is for the tions Act, 1987 (as incorporated by reference in (a) DEFINITIONS.—In this section, the term— Family Room, for official representation and re- section 101(j) of Public Law 99–500 and Public (1) ‘‘employee of the Senate’’— ception expenses, $15,408,000; for salaries and Law 99–591) (2 U.S.C. 117e(1)) is amended by (A) means any employee whose pay is dis- expenses of the Office of the Sergeant at Arms, striking ‘‘for credit to the appropriate account’’ bursed by the Secretary of the Senate; and including the position of Superintendent of Ga- and all that follows and inserting the following: (B) does not include a member or civilian em- rages, and including not more than $750 for offi- ‘‘for credit to the appropriate account of the ployee of the Capitol Police; and cial representation and reception expenses, House of Representatives, and shall be available (2) ‘‘employing office’’ means the employing $4,139,000; for salaries and expenses of the Of- for expenditure in accordance with applicable office, as defined under section 101 of the Con- fice of the Chief Administrative Officer, law. For purposes of the previous sentence, in gressional Accountability Act of 1995 (2 U.S.C. $67,495,000, of which $3,525,000 shall remain the case of receipts from the sale or disposal of 1301), of an employee of the Senate. available until expended, including $31,510,000 any audio or video transcripts prepared by the

VerDate 13-OCT-2001 08:38 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00157 Fmt 7634 Sfmt 6333 E:\CR\FM\A30OC7.046 pfrm01 PsN: H30PT1 H7516 CONGRESSIONAL RECORD — HOUSE October 30, 2001 House Recording Studio, the ‘appropriate ac- exclusive authority to appoint personnel to such Police, including overtime, hazardous duty pay count of the House of Representatives’ shall be a position. differential, clothing allowance of not more the account of the Chief Administrative Officer SEC. 119. (a) Section 408 of the Congressional than $600 each for members required to wear ci- of the House of Representatives.’’. Accountability Act of 1995 (2 U.S.C. 1408) is vilian attire, and Government contributions for (b) The amendment made by subsection (a) amended by adding at the end the following health, retirement, Social Security, and other shall apply with respect to fiscal year 2002 and new subsection: applicable employee benefits, $113,044,000, of each succeeding fiscal year. ‘‘(d) APPEARANCES BY HOUSE EMPLOYMENT which $55,239,000 is provided to the Sergeant at SEC. 115. (a) REQUIRING AMOUNTS REMAINING COUNSEL.— Arms of the House of Representatives, to be dis- IN MEMBERS’ REPRESENTATIONAL ALLOWANCES ‘‘(1) IN GENERAL.—The House Employment bursed by the Chief Administrative Officer of TO BE USED FOR DEFICIT REDUCTION OR TO RE- Counsel of the House of Representatives and the House, and $57,805,000 is provided to the DUCE THE FEDERAL DEBT.—Notwithstanding any other counsel in the Office of House Em- Sergeant at Arms and Doorkeeper of the Senate, any other provision of law, any amounts appro- ployment Counsel of the House of Representa- to be disbursed by the Secretary of the Senate: priated under this Act for ‘‘HOUSE OF REP- tives, including any counsel specially retained Provided, That, of the amounts appropriated RESENTATIVES—SALARIES AND EXPENSES— by the Office of House Employment Counsel, under this heading, such amounts as may be MEMBERS’ REPRESENTATIONAL ALLOWANCES’’ shall be entitled, for the purpose of providing necessary may be transferred between the Ser- shall be available only for fiscal year 2002. Any legal assistance and representation to employing geant at Arms of the House of Representatives amount remaining after all payments are made offices of the House of Representatives under and the Sergeant at Arms and Doorkeeper of the under such allowances for fiscal year 2002 shall this Act, to enter an appearance in any pro- Senate, upon approval of the Committee on Ap- be deposited in the Treasury and used for deficit ceeding before any court of the United States or propriations of the House of Representatives reduction (or, if there is no Federal budget def- of any State or political subdivision thereof and the Committee on Appropriations of the icit after all such payments have been made, for without compliance with any requirements for Senate. admission to practice before such court, except reducing the Federal debt, in such manner as GENERAL EXPENSES the Secretary of the Treasury considers appro- that the authorization conferred by this para- For the Capitol Police Board for necessary ex- priate). graph shall not apply with respect to the admis- penses of the Capitol Police, including motor ve- (b) REGULATIONS.—The Committee on House sion of any such person to practice before the hicles, communications and other equipment, se- Administration of the House of Representatives United States Supreme Court. curity equipment and installation, uniforms, shall have authority to prescribe regulations to ‘‘(2) HOUSE EMPLOYMENT COUNSEL DEFINED.— weapons, supplies, materials, training, medical carry out this section. In this subsection, the term ‘Office of House Em- services, forensic services, stenographic services, (c) DEFINITION.—As used in this section, the ployment Counsel of the House of Representa- personal and professional services, the employee term ‘‘Member of the House of Representatives’’ tives’ means— assistance program, not more than $2,000 for the means a Representative in, or a Delegate or ‘‘(A) the Office of House Employment Counsel awards program, postage, telephone service, Resident Commissioner to, the Congress. established and operating under the authority travel advances, relocation of instructor and li- SEC. 116. (a) DAY FOR PAYING SALARIES OF of the Clerk of the House of Representatives as aison personnel for the Federal Law Enforce- THE HOUSE OF REPRESENTATIVES.—The usual of the date of the enactment of this subsection; day for paying salaries in or under the House of ‘‘(B) any successor office to the Office of ment Training Center, and $85 per month for Representatives shall be the last day of each House Employment Counsel which is established extra services performed for the Capitol Police month, except that if the last day of a month after the date of the enactment of this sub- Board by an employee of the Sergeant at Arms falls on a Saturday, Sunday, or a legal public section; and and Doorkeeper of the Senate or the Sergeant at holiday, the Chief Administrative Officer of the ‘‘(C) any other person authorized and directed Arms of the House of Representatives designated House of Representatives shall pay such salaries in accordance with the Rules of the House of by the Chairman of the Board, $13,146,000, to be on the first weekday which precedes the last Representatives to provide legal assistance and disbursed by the Capitol Police Board or their day. representation to employing offices of the House delegee: Provided, That, notwithstanding any (b) CONFORMING AMENDMENT.—(1) The first of Representatives in connection with actions other provision of law, the cost of basic training section and section 2 of the Joint Resolution en- brought under this title.’’. for the Capitol Police at the Federal Law En- titled ‘‘Joint resolution authorizing the payment (b) The amendment made by this section shall forcement Training Center for fiscal year 2002 of salaries of the officers and employees of Con- apply with respect to proceedings occurring on shall be paid by the Secretary of the Treasury gress for December on the 20th day of that or after the date of the enactment of this Act. from funds available to the Department of the month each year’’, approved May 21, 1937 (2 JOINT ITEMS Treasury. U.S.C. 60d and 60e), are each repealed. For Joint Committees, as follows: ADMINISTRATIVE PROVISIONS (2) The last paragraph under the heading JOINT ECONOMIC COMMITTEE SEC. 120. Amounts appropriated for fiscal year ‘‘Contingent Expense of the House’’ in the First For salaries and expenses of the Joint Eco- 2002 for the Capitol Police Board for the Capitol Deficiency Appropriation Act, 1946 (2 U.S.C. nomic Committee, $3,424,000, to be disbursed by Police may be transferred between the headings 60e–1), is repealed. the Secretary of the Senate. ‘‘SALARIES’’ and ‘‘GENERAL EXPENSES’’ upon the (c) EFFECTIVE DATE.—This section and the approval of— JOINT COMMITTEE ON TAXATION amendments made by this section shall apply (1) the Committee on Appropriations of the with respect to pay periods beginning after the For salaries and expenses of the Joint Com- House of Representatives, in the case of expiration of the 1-year period which begins on mittee on Taxation, $6,733,000, to be disbursed amounts transferred from the appropriation pro- the date of the enactment of this Act. by the Chief Administrative Officer of the vided to the Sergeant at Arms of the House of SEC. 117. (a) The aggregate amount otherwise House. Representatives under the heading ‘‘SALARIES’’; authorized to be appropriated for a fiscal year For other joint items, as follows: (2) the Committee on Appropriations of the for the lump-sum allowance for the Office of the OFFICE OF THE ATTENDING PHYSICIAN Senate, in the case of amounts transferred from Speaker of the House of Representatives shall be For medical supplies, equipment, and contin- the appropriation provided to the Sergeant at increased by $40,000. gent expenses of the emergency rooms, and for Arms and Doorkeeper of the Senate under the (b) This section shall apply with respect to fis- the Attending Physician and his assistants, in- heading ‘‘SALARIES’’; and cal year 2002 and each succeeding fiscal year. cluding: (1) an allowance of $1,500 per month to (3) the Committees on Appropriations of the SEC. 118. (a) Effective with respect to fiscal the Attending Physician; (2) an allowance of Senate and the House of Representatives, in the year 2002 and each succeeding fiscal year, there $500 per month each to three medical officers case of other transfers. are hereby established 2 additional positions in while on duty in the Office of the Attending SEC. 121. At any time on or after the date of each of the following offices of the House of Physician; (3) an allowance of $500 per month to the enactment of this Act, the United States Representatives: two assistants and $400 per month each not to Capitol Police may accept contributions of meals (1) The Office of the Clerk. exceed 11 assistants on the basis heretofore pro- and refreshments in support of activities of the (2) The Office of the Chief Administrative Of- vided for such assistants; and (4) $1,253,904 for United States Capitol Police during a period of ficer. reimbursement to the Department of the Navy emergency (as determined by the Capitol Police (3) The Office of the Sergeant at Arms. for expenses incurred for staff and equipment Board). (b) The duty of the personnel appointed to a assigned to the Office of the Attending Physi- SEC. 122. (a) Section 108(a)(4) of the Legisla- position established under this section shall be cian, which shall be advanced and credited to tive Branch Appropriations Act, 2001, as amend- to ensure the continuity of the operations of the the applicable appropriation or appropriations ed by section 507(a) of the Department of Trans- House of Representatives during periods of from which such salaries, allowances, and other portation and Related Agencies Appropriations emergency, in accordance with the direction of expenses are payable and shall be available for Act, 2001 (as enacted into law by reference in the head of the office in which the position is all the purposes thereof, $1,865,000, to be dis- section 101(a) of Public Law 106–346), is amend- established. bursed by the Chief Administrative Officer of ed by striking ‘‘the Capitol Police Board’’ and (c) The annual rate of pay provided for a po- the House of Representatives. all that follows and inserting the following: sition established under this section shall be de- ‘‘the Chief of the Capitol Police, but not to ex- CAPITOL POLICE BOARD termined by the head of the office in which the ceed $1,000 less than the annual rate of pay for position is established. CAPITOL POLICE the Chief of the Capitol Police.’’. (d) Notwithstanding any other provision of SALARIES (b) The amendment made by subsection (a) law, the head of the office in which a position For the Capitol Police Board for salaries of of- shall apply with respect to pay periods begin- is established under this section shall have the ficers, members, and employees of the Capitol ning on or after October 1, 2001.

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SEC. 123. Any obligation or expenditure of 606(a)), is amended by striking ‘‘or discarding.’’ HOUSE OFFICE BUILDINGS funds made prior to the date of enactment of and inserting ‘‘sale, trade-in, or discarding.’’, For all necessary expenses for the mainte- this Act by the House of Representatives or the and by adding at the end the following: nance, care and operation of the House office Capitol Police Board for meals, refreshments, ‘‘Amounts received for the sale or trade-in of buildings, $54,006,000, of which $23,344,000 shall and other support and maintenance in response personal property shall be credited to funds remain available until September 30, 2006. to a biological or other threat made after Sep- available for the operations of the Congressional tember 11, 2001 shall be deemed to have been Budget Office and be available for the costs of CAPITOL POWER PLANT made in compliance with sections 1301 and 1341 acquiring the same or similar property. Such For all necessary expenses for the mainte- of title 31, United States Code. funds shall be available for such purposes dur- nance, care and operation of the Capitol Power SEC. 124. At any time on or after the date of ing the fiscal year in which received and the fol- Plant; lighting, heating, power (including the enactment of this Act, the Capitol Police Board lowing fiscal year.’’. purchase of electrical energy) and water and may incur obligations and make expenditures SEC. 127. (a) The Director of the Congressional sewer services for the Capitol, Senate and House out of available appropriations for meals, re- Budget Office may, in order to recruit or retain office buildings, Library of Congress buildings, freshments and other support and maintenance qualified personnel, establish and maintain and the grounds about the same, Botanic Gar- for the Capitol Police when, in the judgment of hereafter a program under which the Office may den, Senate garage, and air conditioning refrig- the Capitol Police Board, such obligations and agree to repay (by direct payments on behalf of eration not supplied from plants in any of such expenditures are necessary to respond to emer- the employee) all or a portion of any student buildings; heating the Government Printing Of- gencies involving the safety of human life or the loan previously taken out by such employee. fice and Washington City Post Office, and heat- protection of property. (b) The Director may, by regulation, make ap- ing and chilled water for air conditioning for CAPITOL GUIDE SERVICE AND SPECIAL SERVICES plicable such provisions of section 5379 of title 5, the Supreme Court Building, the Union Station OFFICE United States Code as the Director determines complex, the Thurgood Marshall Federal Judici- For salaries and expenses of the Capitol Guide necessary to provide for such program. ary Building and the Folger Shakespeare Li- Service and Special Services Office, $2,512,000, to (c) The regulations shall provide the amount brary, expenses for which shall be advanced or be disbursed by the Secretary of the Senate: Pro- paid by the Office may not exceed— reimbursed upon request of the Architect of the vided, That no part of such amount may be used (1) $6,000 for any employee in any calendar Capitol and amounts so received shall be depos- to employ more than 43 individuals: Provided year; or ited into the Treasury to the credit of this ap- (2) a total of $40,000 in the case of any em- further, That the Capitol Guide Board is au- propriation, $52,583,000, of which $8,013,000 ployee. thorized, during emergencies, to employ not shall remain available until September 30, 2006: (d) The Office may not reimburse an employee more than two additional individuals for not Provided, That not more than $4,400,000 of the for any repayments made by such employee more than 120 days each, and not more than 10 funds credited or to be reimbursed to this appro- prior to the Office entering into an agreement additional individuals for not more than 6 priation as herein provided shall be available under this section with such employee. for obligation during fiscal year 2002. months each, for the Capitol Guide Service. (e) Any amount repaid by, or recovered from, ADMINISTRATIVE PROVISIONS STATEMENTS OF APPROPRIATIONS an individual under this section and its imple- SEC. 128. ACQUISITION OF PROPERTY BY ARCHI- For the preparation, under the direction of menting regulations shall be credited to the ap- TECT OF THE CAPITOL.—Notwithstanding any the Committees on Appropriations of the Senate propriation account available for salaries and other provision of law and subject to the avail- and the House of Representatives, of the state- expenses of the Office at the time of repayment ability of appropriations, the Architect of the ments for the first session of the One Hundred or recovery. Seventh Congress, showing appropriations (f) This section shall apply to fiscal year 2002 Capitol is authorized to secure, through multi- made, indefinite appropriations, and contracts and each fiscal year thereafter. year rental, lease, or other appropriate agree- ment, the property located at 67 K Street, S.W., authorized, together with a chronological his- ARCHITECT OF THE CAPITOL tory of the regular appropriations bills as re- Washington, D.C., for use of Legislative Branch CAPITOL BUILDINGS AND GROUNDS quired by law, $30,000, to be paid to the persons agencies, and to incur any necessary incidental designated by the chairmen of such committees GENERAL ADMINISTRATION expenses including maintenance, alterations, to supervise the work. SALARIES AND EXPENSES and repairs in connection therewith: Provided, That in connection with the property referred to OFFICE OF COMPLIANCE For salaries for the Architect of the Capitol, the Assistant Architect of the Capitol, and other under the preceding proviso, the Architect of the SALARIES AND EXPENSES personal services, at rates of pay provided by Capitol is authorized to expend funds appro- For salaries and expenses of the Office of law; for surveys and studies in connection with priated to the Architect of the Capitol for the Compliance, as authorized by section 305 of the activities under the care of the Architect of the purpose of the operations and support of Legis- Congressional Accountability Act of 1995 (2 Capitol; for all necessary expenses for the gen- lative Branch agencies, including the United U.S.C. 1385), $2,059,000, of which $254,000 shall eral and administrative support of the oper- States Capitol Police, as may be required for remain available until September 30, 2003. ations under the Architect of the Capitol includ- that purpose. CONGRESSIONAL BUDGET OFFICE ing the Botanic Garden; electrical substations of SEC. 129. (a) COMPENSATION OF ARCHITECT OF SALARIES AND EXPENSES the Capitol, Senate and House office buildings, THE CAPITOL.—Section 203(c) of the Federal For salaries and expenses necessary to carry and other facilities under the jurisdiction of the Legislative Salary Act of 1964 (40 U.S.C. 162a) is out the provisions of the Congressional Budget Architect of the Capitol; including furnishings amended by striking ‘‘the annual rate of basic Act of 1974 (Public Law 93–344), including not and office equipment; including not more than pay’’ and all that follows and inserting the fol- more than $3,000 to be expended on the certifi- $1,000 for official reception and representation lowing: ‘‘the lesser of the annual salary for the cation of the Director of the Congressional expenses, to be expended as the Architect of the Sergeant at Arms of the House of Representa- Budget Office in connection with official rep- Capitol may approve; for purchase or exchange, tives or the annual salary for the Sergeant at resentation and reception expenses, $30,780,000: maintenance, and operation of a passenger Arms and Doorkeeper of the Senate.’’. Provided, That no part of such amount may be motor vehicle; and not to exceed $20,000 for at- (b) COMPENSATION OF ASSISTANT ARCHITECT used for the purchase or hire of a passenger tendance, when specifically authorized by the OF THE CAPITOL.—Pursuant to the authority de- motor vehicle. Architect of the Capitol, at meetings or conven- scribed in section 308(a) of the Legislative ADMINISTRATIVE PROVISIONS tions in connection with subjects related to work Branch Appropriations Act, 1988 (40 U.S.C. 166b–3a(a)), the pay for the position of assistant SEC. 125. (a) The Director of the Congressional under the Architect of the Capitol, $51,371,000, referred to in the proviso in the first undesig- Budget Office may, by regulation, make appli- of which $3,026,000 shall remain available until nated paragraph under the center subheadings cable such provisions of chapter 41 of title 5, September 30, 2006. ‘‘OFFICE OF THE ARCHITECT OF THE CAPITOL’’ United States Code, as the Director determines CAPITOL BUILDINGS and ‘‘SALARIES’’ in the first section of the Legis- necessary to provide hereafter for training of in- For all necessary expenses for the mainte- lative Branch Appropriation Act, 1971 (40 U.S.C. dividuals employed by the Congressional Budget nance, care and operation of the Capitol, 164a) shall be an amount equal to $1,000 less Office. $15,194,000, of which $3,080,000 shall remain (b) The implementing regulations shall pro- available until September 30, 2006. than the annual rate of pay for the Architect of the Capitol. vide for training that, in the determination of CAPITOL GROUNDS the Director, is consistent with the training pro- (c) COMPENSATION FOR CERTAIN OTHER POSI- For all necessary expenses for care and im- TIONS.— vided by agencies subject to chapter 41 of title 5, provement of grounds surrounding the Capitol, United States Code. (1) IN GENERAL.—In accordance with the au- the Senate and House office buildings, and the thority described in section 308(a) of the Legisla- (c) Any recovery of debt owed to the Congres- Capitol Power Plant, $6,009,000. sional Budget Office under this section and its tive Branch Appropriations Act, 1988 (40 U.S.C. implementing regulations shall be credited to the SENATE OFFICE BUILDINGS 166b–3a(a)), section 108 of the Legislative appropriations account available for salaries For all necessary expenses for the mainte- Branch Appropriations Act, 1991 (40 U.S.C. and expenses of the Office at the time of recov- nance, care and operation of Senate office 166b–3b) is amended— ery. buildings; and furniture and furnishings to be (A) by striking subsections (a) and (b) and in- (d) This section shall apply to fiscal year 2002 expended under the control and supervision of serting the following: and each fiscal year thereafter. the Architect of the Capitol, $42,126,000, of ‘‘(a) The Architect of the Capitol may fix the SEC. 126. Section 105(a) of the Legislative which $3,760,000 shall remain available until rate of basic pay for not more than 12 positions Branch Appropriations Act, 1997 (2 U.S.C. September 30, 2006. at a rate not to exceed the highest total rate of

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pay for the Senior Executive Service under sub- SPECT TO PURCHASES AND CONTRACTS FOR THE Grounds and described in subsection (b) shall be chapter VIII of chapter 53 of title 5, United ARCHITECT OF THE CAPITOL AS IF THE REF- known and designated as the ‘‘Congressional States Code, for the locality involved.’’; and ERENCE TO ‘$25,000’ IN CLAUSE 1 OF SUCH SECTION Award Youth Park’’. (B) by redesignating subsection (c) as sub- WERE A REFERENCE TO ‘$100,000’ AND (B) THE AR- (b) AREA INCLUDED.— section (b). CHITECT MAY PROCURE SERVICES, EQUIPMENT, (1) IN GENERAL.—The parcel of land described (2) EFFECTIVE DATE.—The amendment made AND CONSTRUCTION FOR SECURITY RELATED in subsection (a) is— by paragraph (1) shall apply with respect to pay PROJECTS IN THE MOST EFFICIENT MANNER HE DE- (A) bounded on the north by Constitution Av- periods beginning on or after the expiration of TERMINES APPROPRIATE. enue, N.W.; the 21-day period which begins on the date the SEC. 132. ACCOUNTING AND FINANCIAL MAN- (B) bounded on the east by First Street, N.W.; (C) bounded on the south by Pennsylvania Architect of the Capitol submits to the Commit- AGEMENT SYSTEM. The Architect of the Capitol tees on Appropriations of the House of Rep- shall develop and maintain an accounting and Avenue, N.W.; and (D) bounded on the west by Third Street N.W. resentatives and Senate a list containing the 12 financial management system, including finan- (2) EXTENSION.—The park shall extend to the positions for which the Architect will fix the cial reporting and internal controls, which— curbs of the streets described in paragraph (1). rate of basic pay under the amendment, the rate (1) complies with applicable federal account- (c) DESIGN.— of basic pay for each such position, and the job ing principles, standards, and requirements, and (1) COMPETITION.—The Architect of the Cap- description for each such position. internal control standards; itol shall sponsor a competition for the design of (d) COMPREHENSIVE MANAGEMENT STUDY AND (2) complies with any other requirements ap- the park, based on specifications developed by RESPONSE.— plicable to such systems; and the Architect. (1) STUDY BY COMPTROLLER GENERAL.—Not (3) provides for— (2) SPECIFICATIONS.— later than November 1, 2002, the Comptroller (A) complete, reliable, consistent, and timely (A) IN GENERAL.—Not later than June 30, 2002, General shall conduct a comprehensive manage- information which is prepared on a uniform the Architect, in consultation with the majority ment study of the operations of the Architect of basis and which is responsive to financial infor- leader and the minority leader of the Senate, the Capitol, and submit the study to the Archi- mation needs of the Architect of the Capitol; and the Speaker and the minority leader of the tect of the Capitol and the Committees on Ap- (B) the development and reporting of cost in- House of Representatives, shall develop the propriations of the House of Representatives formation; specifications for the park. and Senate. (C) the integration of accounting and budg- (B) REQUIREMENTS.— (2) PLAN BY ARCHITECT IN RESPONSE.—After eting information; and (i) IN GENERAL.—The specifications shall re- the Comptroller General submits the study con- (D) the systematic measurement of perform- quire an outdoor design that is accessible to the ducted under paragraph (1) to the Committees ance. public. referred to in such paragraph, the Architect of SEC. 133. (a) LIMITATION.—(1) Except as pro- (ii) INCLUSIONS.—To the maximum extent the Capitol shall develop and submit to such vided in paragraph (2), none of the funds pro- practicable, the specifications shall include re- Committees a management improvement plan vided by this Act or any other Act may be used quirements for— which addresses the study and which indicates by the Architect of the Capitol after the expira- (I) a fountain; how the personnel for whom the Architect fixes tion of the 90-day period which begins on the (II) extensive use of trees and flowering plants the rate of basic pay under the amendment date of the enactment of this Act to employ any from each of the 50 States; made by subsection (c)(1) will support such individual as a temporary employee within a (III) large-scale replicas of the medals award- plan. category of temporary employment which does ed under the Congressional Award Program; (e) EFFECTIVE DATE.—Except as provided in not provide employees with the same eligibility and subsections (c)(2) and (d), this section and the for life insurance, health insurance, retirement, (IV) the inscription of the names of all Con- amendments made by this section shall apply and other benefits which is provided to tem- gressional Award recipients. with respect to pay periods beginning on or porary employees who are hired for a period ex- (3) SELECTION.— (A) IN GENERAL.—As soon as practicable after after October 1, 2001. ceeding 1 year in length. the competition is completed, the Architect shall SEC. 130. (a) LIQUIDATED DAMAGES.—The Ar- (2) Paragraph (1) shall not apply with respect chitect of the Capitol may not enter into or ad- to any of the following individuals: forward at least 3 designs, with recommenda- minister any construction contract with a value (A) An individual who is employed under the tions, to the United States Capitol Preservation greater than $50,000 unless the contract includes Architect of the Capitol Summer Employment Commission. (B) FINAL SELECTION.—The United States a provision requiring the payment of liquidated Program. Capitol Preservation Commission shall select damages in the amount determined under sub- (B) An individual who is hired for a total of and approve the final design from among the 3 section (b) in the event that completion of the 120 days or less during any 5-year period (ex- designs submitted under subparagraph (A). project is delayed because of the contractor. cluding any days in which the individual is em- (d) FUNDING.—Funds otherwise made avail- (b) AMOUNT OF PAYMENT.—The amount of ployed under the Architect of the Capitol Sum- able to the Architect of the Capitol under this payment required under a liquidated damages mer Employment Program). (C) An individual employed by the Architect Act shall be available to carry out this section. provision described in subsection (a) shall be SEC. 135. LIMITATION ON CERTAIN GIFTS AND of the Capitol as a temporary employee as of the equal to the product of— EXPENDITURES RELATING TO THE NATIONAL GAR- (1) the daily liquidated damage payment rate; date of the enactment of this Act who exercises DEN. Section 201 of the Legislative Branch Ap- in writing, not later than 90 days after such and propriations Act, 1993 (40 U.S.C. 216c note) is date, an option offered by the Architect to re- (2) the number of days by which the comple- amended by striking ‘‘$14,500,000’’ each place it main under the pay system (including benefits) tion of the project is delayed. appears and inserting ‘‘$16,500,000’’. (c) DAILY LIQUIDATED DAMAGE PAYMENT provided for the individual as of such date. RATE.— (D) An individual who becomes employed by LIBRARY OF CONGRESS (1) IN GENERAL.—In subsection (b), the ‘‘daily the Architect of the Capitol after the date of the CONGRESSIONAL RESEARCH SERVICE liquidated damage payment rate’’ means— enactment of this Act who exercises in writing, SALARIES AND EXPENSES (A) $140, in the case of a contract with a value prior to the individual’s employment, an option For necessary expenses to carry out the provi- greater than $50,000 and less than $100,000; offered by the Architect to receive pay and bene- sions of section 203 of the Legislative Reorga- (B) $200, in the case of a contract with a value fits under an alternative system which does not nization Act of 1946 (2 U.S.C. 166) and to revise equal to or greater than $100,000 and equal to or provide the benefits described in paragraph (1), and extend the Annotated Constitution of the less than $500,000; and except that under such an option the Architect United States of America, $81,454,000: Provided, (C) the sum of $200 plus $50 for each $100,000 shall be required to provide the individual with That no part of such amount may be used to increment by which the value of the contract ex- the benefits described in paragraph (1) as soon pay any salary or expense in connection with ceeds $500,000, in the case of a contract with a as the individual’s period of service as a tem- any publication, or preparation of material value greater than $500,000. porary employee exceeds 1 year in length. therefor (except the Digest of Public General (2) ADJUSTMENT IN RATE PERMITTED.—Not- (3) Nothing in this subsection may be con- Bills), to be issued by the Library of Congress withstanding paragraph (1), the daily liq- strued to require the Architect of the Capitol to unless such publication has obtained prior ap- uidated damage payment rate may be adjusted provide duplicative benefits for any employee. proval of either the Committee on House Admin- by the contracting officer involved to a rate (b) ALLOTMENT AND ASSIGNMENT OF PAY.—(1) istration of the House of Representatives or the greater or lesser than the rate described in such Section 5525 of title 5, United States Code, is Committee on Rules and Administration of the paragraph if the contracting officer makes a amended by adding at the end the following Senate. written determination that the rate described new sentence: ‘‘For purposes of this section, the GOVERNMENT PRINTING OFFICE does not accurately reflect the anticipated dam- term ‘agency’ includes the Office of the Archi- ages which will be suffered by the United States tect of the Capitol.’’. CONGRESSIONAL PRINTING AND BINDING as a result of the delay in the completion of the (2) The amendment made by paragraph (1) (INCLUDING TRANSFER OF FUNDS) contract. shall apply with respect to pay periods begin- For authorized printing and binding for the (d) EFFECTIVE DATE.—This section shall apply ning on or after the date of the enactment of Congress and the distribution of Congressional with respect to contracts entered into during fis- this Act. information in any format; printing and binding cal year 2002 or any succeeding fiscal year. SEC. 134. CONGRESSIONAL AWARD YOUTH for the Architect of the Capitol; expenses nec- SEC. 131. NOTWITHSTANDING ANY OTHER PROVI- PARK. essary for preparing the semimonthly and ses- SION OF LAW: (A) SECTION 3709 OF THE REVISED (a) DESIGNATION.—The parcel of approxi- sion index to the Congressional Record, as au- STATUTES (41 U.S.C. 5) SHALL APPLY WITH RE- mately 5 acres of land located on the Capitol thorized by law (section 902 of title 44, United

VerDate 13-OCT-2001 08:38 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00160 Fmt 7634 Sfmt 6333 E:\CR\FM\A30OC7.053 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7519 States Code); printing and binding of Govern- of the total amount appropriated, $15,824,474 is (1) applies to any manager or supervisor in a ment publications authorized by law to be dis- to remain available until expended for acquisi- position the grade or level of which is equal to tributed to Members of Congress; and printing, tion of books, periodicals, newspapers, and all or higher than GS–15; and binding, and distribution of Government publi- other materials including subscriptions for bib- (2) grants such manager or supervisor the cations authorized by law to be distributed liographic services for the Library, including right to not be at work for all or a portion of a without charge to the recipient, $81,000,000: Pro- $40,000 to be available solely for the purchase, workday because of time worked by the manager vided, That this appropriation shall not be when specifically approved by the Librarian, of or supervisor on another workday. available for paper copies of the permanent edi- special and unique materials for additions to the (b) For purposes of this section, the term tion of the Congressional Record for individual collections: Provided further, That of the total ‘‘manager or supervisor’’ means any manage- Representatives, Resident Commissioners or Del- amount appropriated, $1,517,903 is to remain ment official or supervisor, as such terms are de- egates authorized under section 906 of title 44, available until expended for the acquisition and fined in section 7103(a)(10) and (11) of title 5, United States Code: Provided further, That this partial support for implementation of an Inte- United States Code. appropriation shall be available for the payment grated Library System (ILS): Provided further, SEC. 203. Appropriated funds received by the of obligations incurred under the appropriations That of the total amount appropriated, Library of Congress from other Federal agencies for similar purposes for preceding fiscal years: $7,100,000 is to remain available until expended to cover general and administrative overhead Provided further, That notwithstanding the 2- for the purpose of teaching educators how to in- costs generated by performing reimbursable year limitation under section 718 of title 44, corporate the Library’s digital collections into work for other agencies under the authority of United States Code, none of the funds appro- school curricula and shall be transferred to the sections 1535 and 1536 of title 31, United States priated or made available under this Act or any educational consortium formed to conduct the Code, shall not be used to employ more than 65 other Act for printing and binding and related ‘‘Joining Hands Across America: Local Commu- employees and may be expended or obligated— services provided to Congress under chapter 7 of nity Initiative’’ project as approved by the Li- (1) in the case of a reimbursement, only to title 44, United States Code, may be expended to brary: Provided further, That of the amount ap- such extent or in such amounts as are provided print a document, report, or publication after propriated, $500,000 shall be transferred to the in appropriations Acts; or the 27-month period beginning on the date that Abraham Lincoln Bicentennial Commission to (2) in the case of an advance payment, only— such document, report, or publication is author- remain available until expended for carrying (A) to pay for such general or administrative ized by Congress to be printed, unless Congress out the purposes of Public Law 106–173, of overhead costs as are attributable to the work reauthorizes such printing in accordance with which amount $3,000 may be used for official performed for such agency; or section 718 of title 44, United States Code: Pro- representation and reception expenses of the (B) to such extent or in such amounts as are vided further, That any unobligated or unex- Abraham Lincoln Bicentennial Commission. provided in appropriations Acts, with respect to pended balances in this account or accounts for COPYRIGHT OFFICE any purpose not allowable under subparagraph (A). similar purposes for preceding fiscal years may SALARIES AND EXPENSES be transferred to the Government Printing Of- SEC. 204. Of the amounts appropriated to the For necessary expenses of the Copyright Of- Library of Congress in this Act, not more than fice revolving fund for carrying out the purposes fice, $40,896,000, of which not more than of this heading, subject to the approval of the $5,000 may be expended, on the certification of $21,880,000, to remain available until expended, the Librarian of Congress, in connection with Committees on Appropriations of the House of shall be derived from collections credited to this Representatives and Senate. official representation and reception expenses appropriation during fiscal year 2002 under sec- for the incentive awards program. This title may be cited as the ‘‘Congressional tion 708(d) of title 17, United States Code: Pro- Operations Appropriations Act, 2002’’. SEC. 205. Of the amount appropriated to the vided, That the Copyright Office may not obli- Library of Congress in this Act, not more than TITLE II—OTHER AGENCIES gate or expend any funds derived from collec- $12,000 may be expended, on the certification of BOTANIC GARDEN tions under such section, in excess of the the Librarian of Congress, in connection with SALARIES AND EXPENSES amount authorized for obligation or expenditure official representation and reception expenses For all necessary expenses for the mainte- in appropriations Acts: Provided further, That for the Overseas Field Offices. nance, care and operation of the Botanic Gar- not more than $5,984,000 shall be derived from SEC. 206. (a) For fiscal year 2002, the den and the nurseries, buildings, grounds, and collections during fiscal year 2002 under sections obligational authority of the Library of Con- collections; and purchase and exchange, main- 111(d)(2), 119(b)(2), 802(h), and 1005 of such gress for the activities described in subsection tenance, repair, and operation of a passenger title: Provided further, That the total amount (b) may not exceed $114,473,000. motor vehicle; all under the direction of the available for obligation shall be reduced by the (b) The activities referred to in subsection (a) Joint Committee on the Library, $5,646,000: Pro- amount by which collections are less than are reimbursable and revolving fund activities vided, That this appropriation shall not be $27,864,000: Provided further, That not more that are funded from sources other than appro- available for any activities of the National Gar- than $100,000 of the amount appropriated is priations to the Library in appropriations Acts den. available for the maintenance of an ‘‘Inter- for the legislative branch. national Copyright Institute’’ in the Copyright LIBRARY OF CONGRESS (c) For fiscal year 2002, the Librarian of Con- Office of the Library of Congress for the purpose gress may temporarily transfer funds appro- SALARIES AND EXPENSES of training nationals of developing countries in priated in this Act under the heading ‘‘LI- For necessary expenses of the Library of Con- intellectual property laws and policies: Provided BRARY OF CONGRESS—SALARIES AND EX- gress not otherwise provided for, including de- further, That not more than $4,250 may be ex- PENSES’’ to the revolving fund for the FEDLINK velopment and maintenance of the Union Cata- pended, on the certification of the Librarian of Program and the Federal Research Program es- logs; custody and custodial care of the Library Congress, in connection with official representa- tablished under section 103 of the Library of buildings; special clothing; cleaning, laundering tion and reception expenses for activities of the Congress Fiscal Operations Improvement Act of and repair of uniforms; preservation of motion International Copyright Institute and for copy- 2000 (Public Law 106–481; 2 U.S.C. 182c): Pro- pictures in the custody of the Library; operation right delegations, visitors, and seminars. vided, That the total amount of such transfers and maintenance of the American Folklife Cen- BOOKS FOR THE BLIND AND PHYSICALLY may not exceed $1,900,000: Provided further, ter in the Library; preparation and distribution HANDICAPPED That the appropriate revolving fund account of catalog records and other publications of the SALARIES AND EXPENSES shall reimburse the Library for any amounts Library; hire or purchase of one passenger For salaries and expenses to carry out the Act transferred to it before the period of availability motor vehicle; and expenses of the Library of of March 3, 1931 (chapter 400; 46 Stat. 1487; 2 of the Library appropriation expires. Congress Trust Fund Board not properly U.S.C. 135a), $49,788,000, of which $14,437,000 SEC. 207. Section 101 of the Library of Con- chargeable to the income of any trust fund held shall remain available until expended. gress Fiscal Operations Improvement Act of 2000 by the Board, $306,692,000, of which not more (Public Law 106–481; 2 U.S.C. 182a) is amend- FURNITURE AND FURNISHINGS than $6,500,000 shall be derived from collections ed— credited to this appropriation during fiscal year For necessary expenses for the purchase, in- (1) in the heading, by striking ‘‘AUDIO AND 2002, and shall remain available until expended, stallation, maintenance, and repair of furniture, VIDEO’’; and under the Act of June 28, 1902 (chapter 1301; 32 furnishings, office and library equipment, (2) in subsection (a), by striking ‘‘audio and Stat. 480; 2 U.S.C. 150) and not more than $7,932,000. video’’. $350,000 shall be derived from collections during ADMINISTRATIVE PROVISIONS SEC. 208. (a) Section 102(a) of the Library of fiscal year 2002 and shall remain available until SEC. 201. Appropriations in this Act available Congress Fiscal Operations Improvement Act of expended for the development and maintenance to the Library of Congress shall be available, in 2000 (2 U.S.C. 182b(a)) is amended by adding at of an international legal information database an amount of not more than $300,000, of which the end the following new paragraph: and activities related thereto: Provided, That $75,000 is for the Congressional Research Serv- ‘‘(4) Special events and programs.’’. the Library of Congress may not obligate or ex- ice, when specifically authorized by the Librar- (b) The amendment made by subsection (a) pend any funds derived from collections under ian of Congress, for attendance at meetings con- shall take effect upon the date on which the the Act of June 28, 1902, in excess of the amount cerned with the function or activity for which Committees on Appropriations of the House of authorized for obligation or expenditure in ap- the appropriation is made. Representatives and Senate approve a report propriations Acts: Provided further, That the SEC. 202. (a) No part of the funds appro- submitted to the Committees by the Librarian of total amount available for obligation shall be re- priated in this Act shall be used by the Library Congress which describes the guidelines and duced by the amount by which collections are of Congress to administer any flexible or com- policies applicable to the hosting of special less than the $6,850,000: Provided further, That pressed work schedule which— events and programs by the Librarian which are

VerDate 13-OCT-2001 08:38 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00161 Fmt 7634 Sfmt 6333 E:\CR\FM\A30OC7.056 pfrm01 PsN: H30PT1 H7520 CONGRESSIONAL RECORD — HOUSE October 30, 2001 covered under section 102(a)(4) of the Library of other designated libraries: Provided further, motor vehicle; advance payments in foreign Congress Fiscal Operations Improvement Act of That any unobligated or unexpended balances countries in accordance with section 3324 of title 2000 (as added by subsection (a)). in this account or accounts for similar purposes 31, United States Code; benefits comparable to SEC. 209. Section 7 of the Abraham Lincoln Bi- for preceding fiscal years may be transferred to those payable under sections 901(5), 901(6), and centennial Commission Act, Public Law 106–173, the Government Printing Office revolving fund 901(8) of the Foreign Service Act of 1980 (22 is amended by adding the following new sub- for carrying out the purposes of this heading, U.S.C. 4081(5), 4081(6), and 4081(8)); and under sections: subject to the approval of the Committees on Ap- regulations prescribed by the Comptroller Gen- ‘‘(f) GIFTS.—The Commission may, for the propriations of the House of Representatives eral of the United States, rental of living quar- purpose of carrying out this Act, accept and use and Senate. ters in foreign countries, $421,844,000: Provided, gifts of money, property, and services, and, not- GOVERNMENT PRINTING OFFICE REVOLVING That not more than $1,751,000 of payments re- withstanding section 1342 of title 31, United FUND ceived under section 782 of title 31, United States States Code, may accept and use voluntary serv- The Government Printing Office is hereby au- Code, shall be available for use in fiscal year ices as the Commission deems necessary.’’ thorized to make such expenditures, within the 2002: Provided further, That not more than ‘‘(g) DETAIL OF FEDERAL EMPLOYEES.—On the $750,000 of reimbursements received under sec- request of the Commission, the head of a Fed- limits of funds available and in accord with the law, and to make such contracts and commit- tion 9105 of title 31, United States Code, shall be eral agency or other Federal appointing author- available for use in fiscal year 2002: Provided ity may detail, on a reimbursable or non- ments without regard to fiscal year limitations as provided by section 9104 of title 31, United further, That this appropriation and appropria- reimbursable basis, any of its employees to the tions for administrative expenses of any other Commission to assist the Commission in carrying States Code, as may be necessary in carrying out the programs and purposes set forth in the department or agency which is a member of the out the duties of the Commission under this Act. National Intergovernmental Audit Forum or a Any such detail of an employee shall be without budget for the current fiscal year for the Gov- ernment Printing Office revolving fund: Pro- Regional Intergovernmental Audit Forum shall interruption or loss of civil service status or be available to finance an appropriate share of privilege.’’. vided, That not more than $2,500 may be ex- pended on the certification of the Public Printer either Forum’s costs as determined by the re- ARCHITECT OF THE CAPITOL in connection with official representation and spective Forum, including necessary travel ex- CAPITOL VISITOR CENTER reception expenses: Provided further, That the penses of non-Federal participants: Provided For an additional amount for the unassigned revolving fund shall be available for the hire or further, That payments hereunder to the Forum space in the Capitol Visitor Center project, purchase of not more than 12 passenger motor may be credited as reimbursements to any ap- $70,000,000, to remain available until expended: vehicles: Provided further, That expenditures in propriation from which costs involved are ini- Provided, That section 3709 of the Revised Stat- connection with travel expenses of the advisory tially financed: Provided further, That this ap- utes of the United States (41 U.S.C. 5) shall not councils to the Public Printer shall be deemed propriation and appropriations for administra- apply to the funds made available under this necessary to carry out the provisions of title 44, tive expenses of any other department or agency heading: Provided further, That the Architect of United States Code: Provided further, That the which is a member of the American Consortium the Capitol may not obligate any of the funds revolving fund shall be available for temporary on International Public Administration (ACIPA) which are made available for the Capitol Visitor or intermittent services under section 3109(b) of shall be available to finance an appropriate Center under this Act or any other Act without title 5, United States Code, but at rates for indi- share of ACIPA costs as determined by the an obligation plan approved by the chair and viduals not more than the daily equivalent of ACIPA, including any expenses attributable to ranking minority member of the Committee on the annual rate of basic pay for level V of the membership of ACIPA in the International In- Appropriations of the House of Representatives Executive Schedule under section 5316 of such stitute of Administrative Sciences. for House space and the Committee on Appro- title: Provided further, That the revolving fund PAYMENT TO THE RUSSIAN LEADERSHIP priations of the Senate for Senate space. and the funds provided under the headings DEVELOPMENT CENTER TRUST FUND CONGRESSIONAL CEMETERY ‘‘OFFICE OF SUPERINTENDENT OF DOCUMENTS’’ For a payment to the Russian Leadership De- velopment Center Trust Fund for financing ac- For the perpetual care and maintenance of and ‘‘SALARIES AND EXPENSES’’ together may not tivities of the Center for Russian Leadership De- the historic Congressional Cemetery, $1,250,000, be available for the full-time equivalent employ- velopment, $8,000,000. to remain available until expended: Provided, ment of more than 3,260 workyears (or such That $1,000,000 of such amount shall be paid to other number of workyears as the Public Printer TITLE III—GENERAL PROVISIONS the National Trust for Historic Preservation may request, subject to the approval of the Com- SEC. 301. No part of the funds appropriated in (hereafter in this paragraph referred to as the mittees on Appropriations of the Senate and the this Act shall be used for the maintenance or ‘‘National Trust’’) for deposit into the perma- House of Representatives): Provided further, care of private vehicles, except for emergency nently restricted account referred to in section That activities financed through the revolving assistance and cleaning as may be provided 209(b) of the Legislative Branch Appropriations fund may provide information in any format: under regulations relating to parking facilities Act, 1999 (Public Law 105–275; 112 Stat. 2449) Provided further, That the revolving fund shall for the House of Representatives issued by the and shall be used by the National Trust in ac- not be used to administer any flexible or com- Committee on House Administration and for the cordance with the terms and conditions applica- pressed work schedule which applies to any Senate issued by the Committee on Rules and ble under such section to amounts deposited into manager or supervisor in a position the grade or Administration. such account: Provided further, That $250,000 of level of which is equal to or higher than GS–15: SEC. 302. No part of the funds appropriated in such amount shall be for the preparation of a Provided further, That expenses for attendance this Act shall remain available for obligation be- study to develop a program for the ongoing care at meetings shall not exceed $75,000. yond fiscal year 2002 unless expressly so pro- and maintenance of the Cemetery. ADMINISTRATIVE PROVISION vided in this Act. SEC. 303. Whenever in this Act any office or LIBRARY BUILDINGS AND GROUNDS EXTENSION OF EARLY RETIREMENT AND VOL- UNTARY SEPARATION INCENTIVE PAYMENTS FOR position not specifically established by the Leg- STRUCTURAL AND MECHANICAL CARE GPO islative Pay Act of 1929 is appropriated for or For all necessary expenses for the mechanical the rate of compensation or designation of any SEC. 210. (a) Section 309 of the Legislative and structural maintenance, care and operation Branch Appropriations Act, 1999 (44 U.S.C. 305 office or position appropriated for is different of the Library buildings and grounds, note), is amended— from that specifically established by such Act, $21,753,000, of which $3,748,000 shall remain (1) in subsection (b)(1)(A), by striking ‘‘Octo- the rate of compensation and the designation in available until September 30, 2006 and $5,000,000 ber 1, 2001’’ and inserting ‘‘October 1, 2004’’; this Act shall be the permanent law with respect shall remain available until expended. and thereto: Provided, That the provisions in this GOVERNMENT PRINTING OFFICE (2) in subsection (c)(2), by striking ‘‘September Act for the various items of official expenses of OFFICE OF SUPERINTENDENT OF DOCUMENTS 30, 2001’’ and inserting ‘‘September 30, 2004’’. Members, officers, and committees of the Senate and House of Representatives, and clerk hire for SALARIES AND EXPENSES (b) The amendments made by this section shall take effect as if included in the enactment Senators and Members of the House of Rep- (INCLUDING TRANSFER OF FUNDS) of the Legislative Branch Appropriations Act, resentatives shall be the permanent law with re- For expenses of the Office of Superintendent 1999. spect thereto. of Documents necessary to provide for the cata- SEC. 304. The expenditure of any appropria- GENERAL ACCOUNTING OFFICE loging and indexing of Government publications tion under this Act for any consulting service and their distribution to the public, Members of SALARIES AND EXPENSES through procurement contract, pursuant to sec- Congress, other Government agencies, and des- For necessary expenses of the General Ac- tion 3109 of title 5, United States Code, shall be ignated depository and international exchange counting Office, including not more than $12,500 limited to those contracts where such expendi- libraries as authorized by law, $29,639,000: Pro- to be expended on the certification of the Comp- tures are a matter of public record and available vided, That travel expenses, including travel ex- troller General of the United States in connec- for public inspection, except where otherwise penses of the Depository Library Council to the tion with official representation and reception provided under existing law, or under existing Public Printer, shall not exceed $175,000: Pro- expenses; temporary or intermittent services Executive order issued pursuant to existing law. vided further, That amounts of not more than under section 3109(b) of title 5, United States SEC. 305. (a) It is the sense of the Congress $2,000,000 from current year appropriations are Code, but at rates for individuals not more than that, to the greatest extent practicable, all authorized for producing and disseminating the daily equivalent of the annual rate of basic equipment and products purchased with funds Congressional serial sets and other related pub- pay for level IV of the Executive Schedule under made available in this Act should be American- lications for 2000 and 2001 to depository and section 5315 of such title; hire of one passenger made.

VerDate 13-OCT-2001 08:38 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00162 Fmt 7634 Sfmt 6333 E:\CR\FM\A30OC7.059 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7521 (b) In providing financial assistance to, or en- bered 3, and agree to the same with an 3. All agency reprogramming requests shall tering into any contract with, any entity using amendment, as follows: be submitted if the amount to be shifted to funds made available in this Act, the head of Delete the matter stricken, delete the mat- or from any object class, approved budget or each Federal agency, to the greatest extent ter inserted, and strike all beginning on page program involved is in excess of $250,000 or 10 practicable, shall provide to such entity a notice 17, line 19, down through and including page percent, whichever is less, of the object describing the statement made in subsection (a) 17, line 23, of the House engrossed bill, H.R. class, approved budget, or program; by the Congress. 2647. 4. For any action where the cumulative ef- (c) If it has been finally determined by a court And the Senate agree to the same. fect of below threshold reprogramming ac- or Federal agency that any person intentionally Amendment numbered 4: tions, or past reprogramming and/or transfer That the House recede from its disagree- affixed a label bearing a ‘‘Made in America’’ in- actions added to the request, would exceed ment to the amendment of the Senate num- scription, or any inscription with the same bered 4, and agree to the same with an the dollar threshold mentioned above, a re- meaning, to any product sold in or shipped to amendment, as follows: programming shall be submitted; the United States that is not made in the United Delete the section number inserted, and 5. For any action which would result in a States, such person shall be ineligible to receive strike line 5 through and including line 17 of major change to the program or item which any contract or subcontract made with funds page 46 of the House engrossed bill, H.R. 2647. is different than that presented to and ap- provided pursuant to this Act, pursuant to the And the Senate agree to the same. proved by the Committee on Appropriations debarment, suspension, and ineligibility proce- of the House and Senate, a reprogramming dures described in section 9.400 through 9.409 of CHARLES H. TAYLOR, shall be submitted; title 48, Code of Federal Regulations. ZACH WAMP, 6. For any action where funds earmarked SEC. 306. Such sums as may be necessary are JERRY LEWIS, by either of the Committees for a specific ac- appropriated to the account described in sub- RAY LAHOOD, tivity are proposed to be used for a different section (a) of section 415 of Public Law 104–1 to DON SHERWOOD, activity, a reprogramming shall be sub- pay awards and settlements as authorized under C.W. BILL YOUNG, mitted; such subsection. JAMES P. MORAN, 7. For any action where funds earmarked SEC. 307. Amounts available for administrative STENY H. HOYER, by either of the Committees for a specific ac- expenses of any legislative branch entity which MARCY KAPTUR, tivity are in excess of the project activity re- participates in the Legislative Branch Financial DAVID R. OBEY, quirement, and are proposed to be used for a Managers Council (LBFMC) established by Managers on the Part of the House. different activity, a reprogramming shall be charter on March 26, 1996, shall be available to RICHARD J. DURBIN, submitted; finance an appropriate share of LBFMC costs TIM JOHNSON, 8. Additionally, each request shall include as determined by the LBFMC, except that the JACK REED, a declaration that, as of the date of the re- total LBFMC costs to be shared among all par- ROBERT C. BYRD, quest, none of the funds included in the re- ticipating legislative branch entities (in such al- ROBERT F. BENNETT, quest have been obligated, and none will be locations among the entities as the entities may TED STEVENS, obligated, until the Committee on Appro- determine) may not exceed $252,000. THAD COCHRAN, priations of the House and Senate have ap- SEC. 308. Section 316 of Public Law 101–302 is Managers on the Part of the Senate. proved the request. amended in the first sentence of subsection (a) JOINT EXPLANATORY STATEMENT OF The conference agreement provides fund- by striking ‘‘2001’’ and inserting ‘‘2002’’. ing to various agencies of the Legislative THE COMMITTEE ON CONFERENCE SEC. 309. Section 5596(a) of title 5, U.S.C., is Branch to implement a student loan repay- amended by deleting ‘‘and’’ at the end of para- The managers on the part of the House and ment program. Detailed implementation re- graph (4); by deleting the period at the end of the Senate at the conference on the dis- quirements will vary among entities, how- paragraph (5) and inserting a semicolon, and by agreeing votes of the two Houses on the ever the conferees believe it is important adding the following new paragraphs, which amendments of the Senate to the bill (H.R. that an overall set of controls and criteria be shall be effective for all personnel actions taken 2647) making appropriations for the Legisla- developed to insure consistent application of on or after the date of enactment of this Act: tive Branch for the fiscal year ending Sep- purposes of the program across the legisla- ‘‘(6) the Architect of the Capitol, including tember 30, 2002, and for other purposes, sub- tive branch. The conferees direct the Legis- employees of the United States Senate Res- mit the following joint statement to the lative Branch Financial Managers Council taurants; and House and Senate in explanation of the ef- (LBFMC) to develop, in consultation with all ‘‘(7) the United States Botanic Garden.’’. fect of the action agreed upon by the man- Legislative Branch entities the controls and SEC. 310. Section 4(b) of the House Employees agers and recommended in the accom- criteria that will govern program implemen- Position Classification Act (2 U.S.C. 293(b)) is panying conference report. tation. The LBFMC is directed to perform a amended by adding at the end the following: The Senate amended the House bill with comparative analysis between entity imple- ‘‘Notwithstanding any other provision of this five numbered amendments. The conference menting regulations and governing controls Act, for purposes of applying the adjustment agreement addresses all the differences con- and criteria and report the results of that made by the committee under this subsection for tained in the five amendments in the disposi- analysis to the House and Senate Committee 2002 and each succeeding year, positions under tion of the first numbered amendment. The on Appropriations on the Legislative Branch the Chief Administrative Officer shall include first numbered amendment therefore in- by March 1, 2002. positions of the United States Capitol telephone cludes a complete version of the Legislative Amendment No. 1: Deletes the matter in- Branch bill. An explanation of the resolution exchange under the Chief Administrative Offi- serted and inserts complete bill text exclud- of the differences of the other four numbered cer.’’. ing the short title. amendments is included in the first num- SEC. 311. The Architect of the Capitol, in con- Many items in both House and Senate Leg- sultation with the District of Columbia, is au- bered amendment. The disposition of the islative Branch Appropriations bills are other four numbered amendments therefore thorized to maintain and improve the landscape identical and are included in the conference is purely technical in nature to enable the features, excluding streets and sidewalks, in the agreement without change. The conferees complete bill text to be included in the first irregular shaped grassy areas bounded by have endorsed statements of policy con- amendment. Washington Avenue, SW on the northeast, Sec- tained in the House and Senate reports ac- ond Street SW on the west, Square 582 on the LEGISLATIVE BRANCH WIDE MATTERS companying the appropriations bills, unless amended or restated herein. With respect to south, and the beginning of the I–395 tunnel on The conferees note that agencies of the those items in the conference agreement the southeast. Legislative Branch have taken an undisci- that differ between House and Senate bills, SEC. 312. No funds appropriated or otherwise plined position regarding the execution of the conferees have agreed to the following made available under this Act shall be made their respective annual budgets as it relates with the appropriate section numbers, punc- available to any person or entity that has been to reprogramming and transfer of funds. The tuation, and other technical corrections: convicted of violating the Buy American Act (41 conferees have included the following re- U.S.C. 10a–10c). programming guidelines which shall be com- TITLE I—CONGRESSIONAL OPERATIONS And the Senate agree to the same. plied with by all entities in this conference SENATE Amendment numbered 2: report, exclusive of the House and Senate, Appropriates $606,885,000 for Senate oper- That the House recede from its disagree- funded by the Legislative Branch Appropria- ations, and includes, at the request of the ment to the amendment of the Senate num- tions Act, 2002 and thereafter: managers on the part of the Senate, amend- bered 2, and agree to the same with an 1. Except under extraordinary and emer- ments that add $150,000 to the Caucus on amendment, as follows: gency situations, the Committees on Appro- International Narcotics Control, that amend Delete the matter stricken, delete the mat- priations will not consider requests for a re- Section 102, and that add other administra- ter inserted, and strike all beginning on page programming or transfer of funds, or use of tive provisions. 2, line 6, down through and including page 9, unobligated balances, which are submitted Regarding Section 107, the Senate Gift line 21, of the House engrossed bill, H.R. 2647. after August 1; Shop has sold a number of items with the And the Senate agree to the same. 2. Clearly stated and detailed documenta- specific designation that a portion of the Amendment numbered 3: tion presenting justification for the re- profits would be used toward construction of That the House recede from its disagree- programming, transfer, or use of unobligated the Capitol Visitor Center. This section pro- ment to the amendment of the Senate num- balances shall accompany each request; vides authority to transfer those profits to

VerDate 13-OCT-2001 08:38 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00163 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.061 pfrm01 PsN: H30PT1 H7522 CONGRESSIONAL RECORD — HOUSE October 30, 2001 the Capitol Preservation Fund, for use by terrorist attacks and other activities that Police instead of $112,592,000 as proposed by the Capitol Preservation Commission, which were not contemplated within current re- the House and $112,922,000 as proposed by the has oversight responsibility for construction source levels. In order to maintain an insti- Senate, of which $55,239,000 is provided to the of the Capitol Visitor Center. Profits identi- tutionalized capability and to help assure Sergeant at Arms of the House of Represent- fied for the Capitol Visitor Center that were the security needs of the House are being atives and $57,805,000 is provided to the Ser- earned prior to FY2001 may be transferred to met on a long term basis, the managers on geant at Arms and Doorkeeper of the Senate. the Capitol Preservation Fund provided they the part of the House realize that current The conferees direct the Chief of the Capitol were so identified and retained in the Senate FTE limits have been superceded and direct Police to make retroactive to October 1, 2001 Gift Shop Revolving Fund from the date the officers to take whatever steps are nec- any comparability adjustments in pay of earned. essary to continue these functions in the sworn officers. Section 108 modifies existing legislation to most economical and operationally sound GENERAL EXPENSES clarify that the Old Supreme Court Chamber manner possible. Current FTE limits, there- Appropriations $13,146,000 for general ex- is under the supervision of the Senate Com- fore, shall not apply with respect to these ac- penses of the Capitol Police instead of mission on Art; deletes the $15,000 limitation tivities. The managers on the part of the $11,081,000 as proposed by the House and on authorized funding for the Commission on House also direct that, of the funds in the $12,394,000 as proposed by the Senate. The in- Art; clarifies that funding may be in such bill made available to the House for salaries crease above the House allowance provides amount as necessary; authorizes the Sec- and expenses, $143,000 may be transferred to an additional $65,000 for card readers and retary to sign vouchers for the Commission the Office of Legislative Counsel, at the re- $2,000,000 for the accelerated upgrade and in- on Art, in lieu of the Chairman or Vice quest of the Legislative Counsel, to provide stallation of a new networked in-place moni- Chairman; and restates the fact that all resources necessary for continuity of oper- toring system. The conferees have provided vouchers are ultimately approved by the ations. Inasmuch as these items relate solely $1,525,467 to purchase 40 vehicles for canine Rules Committee before payment. to the House, and in accord with long prac- officers to transport police dogs. This action Section 109 authorizes the Secretary of the tice under which each body determines its will provide the United States Capitol Police Senate and the Sergeant at Arms to procure own housekeeping requirements and the with operational-parity similar to other fed- temporary help as needed for up to a 30 day other concurs without intervention, the eral law enforcement agencies. This amount period for any position. Such temporary help managers on the part of the Senate, at the allows for the purchase of the police service are not employees of the Senate. Nothing in request of the managers on the part of the vehicles and the related purchase and instal- this legislation authorizes the handling of House, have receded to the amendments of lation of police-vehicle equipment and ca- sensitive or classified information, and ap- the House. plicable restrictions and procedures must be While applauding the Herculean efforts of nine cages ($1,357,600). The first year’s an- followed. the Chief Administrative Officer, the Clerk, nual operating costs for these vehicles in- Section 110 amends section 31(d) of 2 U.S.C. and others in the House of Representatives cluding fuel and maintenance is estimated at 59e(d). in providing alternative workspace and $101,867. In addition, the salaries appropria- Section 111 increases the amount available equipment for the House during the period in tion provides one FTE for additional mainte- to the Committee on Rules and Administra- which House office buildings have been nance staff. tion for expenses under section 14(c) of Sen- closed, the managers on the part of the ADMINISTRATIVE PROVISIONS ate Resolution 54 by $150,000, for salaries and House remain greatly concerned about the The conferees have included an adminis- expenses incurred by the Committee on ability of Members and staff to access their trative provision allowing for the transfer of Rules and Administration associated with computer systems from offsite locations dur- funds upon the approval of the committees the administration of the Joint Committee ing emergencies. The managers on the part on Appropriations of the House and Senate. on Printing. of the House understand and appreciate that In addition, the conferees have included ad- Inasmuch as these items relate solely to providing permanent remote access to House ministrative provisions that authorize the the Senate, and in accord with long practice computer systems for all House offices would Capitol Police to purchase goods and serv- under which each body determines its own require the resolution of many complicated ices in emergency situations; that authorize housekeeping requirements and the other issues relating to security, technical capa- the Capitol Police to accept donations of concurs without intervention, the managers bilities, and the allocation of resources. Nev- meals and refreshments in emergency situa- of the part of the House, at the request of the ertheless, the managers on the part of the tions; sets a cap on the level of pay for the managers on the part of the Senate, have re- House urge the Chief Administrative Officer, Chief Administrative Office of the Capitol ceded to the amendments of the Senate. the Clerk, and other relevant House officers Police; and another provision authorizing to quickly develop a plan under which each HOUSE OF REPRESENTATIVES the payment of certain expenditures made in office of the House of Representatives shall connection with the terrorist acts of Sep- Appropriates $878,195,100 for House oper- have available some permanent, reliable ations, and includes, at the request of the tember 11, 2001, and subsequent threats. The means to access its computer systems from a conferees direct that within 30 days of uti- managers on the part of the House, an remote location. The managers on the part amendment adding $145,100 for the tradi- lizing the authorization provided to purchase of the House request that the Chief Adminis- or accept donations of goods and services a tional death gratuity upon the death of a trative Officer prepare and submit a report Member of the House of Representatives and report of such transactions and the reasons to the Committees on House Administration therefore will be submitted to the Com- reflects an unspecified reduction of $4,000,000. and Appropriations of the House of Rep- mittee on Appropriations of the House and The conference agreement provides fund- resentatives not later than 90 days after the Senate. ing and authority to the Senate and various enactment of the bill which describes the agencies of the Legislative Branch to imple- progress made by the Chief Administrative OFFICE OF COMPLIANCE ment a student loan repayment program. Officer in preparing and implementing this For the Office of Compliance the conferees Authority and funding for the House of Rep- plan. have agreed that of the amount appro- resentatives has not been included because of The managers on the part of the House di- priated, $254,000 shall remain available until the absence of implementation guidelines rect the Chief Administrative Officer to cal- September 30, 2003, as proposed by the House. and criteria. The conferees believe that the culate the amount of wages food service CONGRESSIONAL BUDGET OFFICE House of Representatives should examine hourly employees that work in the House such a program as soon as practicable and lost due to the necessary recent closing of Appropriates $30,780,000 for salaries and ex- therefore strongly encourage the House Ad- House office buildings and to reimburse the penses of the Congressional Budget Office as ministration Committee to develop and rec- applicable vendors to pay those wages from proposed by the House instead of $30,680,000 ommend guidelines and criteria to be in- the proceeds of the restaurant services re- as proposed by the Senate. The conferees cluded in the FY 2003 budget request. The au- volving fund. have included three administrative provi- sions that provide for an employee training thorities contained in this bill for the Sen- JOINT ITEMS program, authorization to apply the proceeds ate, and the recommendations of the Legisla- OFFICE OF THE ATTENDING PHYSICIAN tive Branch Financial Managers Council from the sale of older equipment to be ap- Appropriates $1,865,000 for the Office of the (LBFMC) should be taken into account in plied to the purchase of equipment used for Attending Physician as proposed by the the same purpose, and the establishment of a the development of this program. House instead of $1,765,000 as proposed by the In addition, the managers on the part of student loan repayment program as a re- Senate. This amount includes $1,253,904 for cruitment tool. the House have amended an administrative reimbursement to the Department of Navy provision in the House bill and added provi- for expenses incurred as proposed by the ARCHITECT OF THE CAPITOL sions regarding an allowance, authorizing House instead of $1,159,904 as proposed by the CAPITOL BUILDINGS AND GROUNDS additional positions for House officers, au- Senate. GENERAL ADMINISTRATION thorization for the House Employment Coun- CAPITOL POLICE BOARD sel to represent the House in judicial pro- SALARIES AND EXPENSES ceedings. The officers of the House have ac- CAPITOL POLICE Appropriates $51,371,000 for salaries and ex- quired additional expertise in response man- SALARIES penses, Capitol buildings and grounds, gen- agement and continuity of operations as a Appropriates $113,044,000 for salaries of offi- eral administration, Architect of the Cap- result of the recent emergencies created by cers, members, and employees of the Capitol itol, instead of $46,705,000 as proposed by the

VerDate 13-OCT-2001 08:38 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00164 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.065 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7523 House and $54,000,000 for the Architect of the 11. Elevator/Escalator tember 30, 2006, instead of $100,000, to remain Capitol, Capitol Buildings and Grounds, Cap- Modernization Pro- available until expended, as proposed by the itol buildings, salaries and expenses as pro- gram ...... 750,000 House and $3,300,000, to remain available posed by the Senate. Of this amount $20,000 12. Rehabilitate Dome .... 1,605,000 until expended, as proposed by the Senate. is provided for attendance at meetings as 13. Design, Exterior With respect to object class and project dif- proposed by the Senate instead of $30,000 as Stone Preservation ...... 725,000 ferences between the House and Senate bills, proposed by the House. Of the amount appro- 14. Chandelier Restora- the conferees have agreed to the following: tion and Crystal/Globe priated $3,026,000 shall remain available until Operating Budget ...... $43,395,000 September 30, 2006 instead of $3,414,000 to re- Replace ...... 230,000 Capitol Projects: main available until expended as proposed by 15. Door Refinishing/Res- 1. Implement Emergency the Senate. In addition, the conferees have toration ...... 211,000 Shoring and Repairs to included provisions pertaining to a Chief Fi- 16. Cold Storage for His- Tunnels ...... 100,000 nancial Officer and the acquisition of prop- toric Negatives ...... 67,000 2. Update CAD Drawings erty, as proposed by the Senate. CAPITOL GROUNDS for Capitol power plant 75,000 With respect to the object class and project Appropriates $6,009,000 to the Architect of 3. Install Ventilation in differences between the House and Senate the Capitol for the care and improvements of coal bunkers ...... 65,000 bills, the conferees have agreed to the fol- grounds surrounding the Capitol, House and 4. Replace deaerator lowing: Senate office buildings, and the Capitol heaters ...... 335,000 5. Study, heat balance/ef- Operating Budget ...... $47,007,000 Power plant instead of $6,904,000 as proposed Capitol Projects: by the House and $6,000,000 as proposed by ficiency improvements 100,000 6. Repoint and clean east 1. Implementation of the Senate. With respect to object class and and west plant chim- AOCNET ...... 500,000 project differences between the House and neys ...... 90,000 2. Financial Management Senate bills, the conferees have agreed to the 7. Replace controls west System ...... 2,076,000 following: cooling tower ...... 180,000 3. Computer-Aided Facil- 8. Install dual, low NO ity Management ...... 700,000 Operating Budget ...... $5,653,000 X Capitol Projects: burners, boilers 5–7 ...... 200,000 4. Implementation of 9. Install Synchronous Safety Programs ...... 450,000 1. Replace Trucks ...... 80,000 2. Provide Lights at Lot 9 276,000 excitation package for 5. Security Project Sup- chillers ...... 130,000 SENATE OFFICE BUILDINGS port ...... 125,000 10. Modernize Coal Han- 6. Replace Building Auto- Appropriates $42,126,000 for the mainte- dling System ...... 7,913,000 mation System, Cap- nance, care, and operation of the Senate of- ADMINISTRATIVE PROVISIONS itol Complex ...... 240,000 fice buildings to the Architect of the Capitol 7. Micrographic & Re- instead of $47,500,000 as proposed by the Sen- The conference agreement includes several cording Storage Equip- ate, of which $3,760,000 shall remain available administrative provisions related to the op- ment ...... 73,000 until September 30, 2006. The reduction from erations of the Architect of the Capitol. 8. Development of Master the Senate level is attributable to the trans- There is a provision that sets a cap on the Commissioning Speci- fer of funds, related to the central support level of pay of the Architect of the Capitol fications ...... 100,000 staff, to the new General Administration ac- and Assistant Architect of the Capitol and 9. Develop AOC Engineer- count. Inasmuch as this item relates solely authorizes the Architect to set levels of ing Guide Specifica- to the Senate, and in accord with long prac- basic pay for twelve positions. The conferees tions ...... 100,000 tice under which each body determines its direct that the Architect designate one of the twelve positions for security manage- MINOR CONSTRUCTION own housekeeping requirements and the ment functions. There is a provision requir- Instead of providing for a separate ac- other concurs without intervention, the managers on the part of the House, at the re- ing payment of liquidated damages in the count, as proposed by the House, the con- event that completion of a project greater ferees have included $5,000,000 as a line item quest of the managers on the part of the Sen- ate, have receded to the Senate. than $50,000 in value is delayed because of within House office buildings account for the contractor; a provision that sets the lim- minor construction. HOUSE OFFICE BUILDINGS itation for small purchase contracts at CAPITOL BUILDINGS Appropriates $54,006,000 for the mainte- $100,000; a provision involving a financial Appropriates $15,194,000, of which $3,080,000 nance, care, and operation of the House of- management system; a provision that au- shall remain available until September 30, fice buildings to the Architect of the Capitol thorizes eligibility for life insurance, health 2006, for maintenance, care and operation of instead of $49,006,000 as proposed by the insurance, retirement, and other benefits for the Capitol, by the Architect of the Capitol, House, of which $23,344,000 shall remain temporary employees; a provision regarding instead of $17,674,000 as proposed by the available until September 30, 2006. Inasmuch a youth park; and a provision adjusting the House. The Senate bill included $54,000,000 as this item relates solely to the House, and limitation of donations to the National Gar- for this activity in the appropriation imme- in accord with long practice under which den. diately preceding. With respect to object each body determines its own housekeeping The Architect of the Capitol is directed to class and project differences between the requirements and the other concurs without develop design specifications and to sponsor House and Senate bills, the conferees have intervention, the managers on the part of a competition for the design of the youth agreed to the following: the Senate, at the request of the managers park. The final design will be selected by the on the part of the House, have receded to the Capitol Preservation Commission. The Ar- Operating Budget ...... $9,696,000 House. The additional funds provided flexi- chitect is authorized to use his existing fund- Capitol Projects: bility for unforeseen needs including minor ing for design specification development and 1. Provide Infrastructure construction, repair, and alteration projects, the competition. Since construction cost is for Security Installa- land acquisition, and related activities, in dependent on final design, no funding has tions ...... 200,000 connection with construction and mainte- been appropriated at this time. 2. Conservation of Wall nance activities of House office buildings. The conferees direct the Architect of the Paintings ...... 300,000 Consistent with the energy conservation Capitol to observe the reprogramming guide- 3. Replacement of Minton plan (Section 310 of the Legislative Branch lines stated under the heading, ‘‘Legislative Tile ...... 200,000 Appropriations Act, 1999), the Architect of Branch Wide Matters,’’ earlier in this state- 4. Roofing Repair, the Capitol is directed to provide compact ment. Around House and Sen- fluorescent light bulbs in table, floor, and LIBRARY OF CONGRESS ate Chambers ...... 160,000 desk lamps in House office buildings for of- CONGRESSIONAL RESEARCH SERVICE 5. Replace Exit Doors for fices of the House which request them, in- Emergency Egress and cluding any retrofitting of the lamps which SALARIES AND EXPENSES Security, Capitol may be necessary to install such bulbs. Appropriates $81,454,000 for salaries and ex- Building ...... 475,000 penses, Congressional Research Service, Li- 6. Design, Install Emer- CAPITOL POWER PLANT brary of Congress, as proposed by the House gency Signs and Light- In addition to the $4,400,000 made available instead of $81,139,000 as proposed by the Sen- ing ...... 200,000 from receipts credited as reimbursements to ate. This level of funding provides for 739 full 7. Egress Door Improve- this appropriation, appropriates $52,583,000 to time equivalents. the Architect of the Capitol for mainte- ments ...... 100,000 TITLE II—OTHER AGENCIES 8. Replace Halon Fire nance, care and operation of the Capitol Suppression Systems ... 50,000 power plant, instead of $45,324,000 as pro- BOTANIC GARDEN 9. Design, Upgrade Kitch- posed by the House and $47,403,000 as pro- SALARIES AND EXPENSES en Exhausts ...... 150,000 posed by the Senate. Of this amount Appropriates $5,646,000 for salaries and ex- 10. ADA Requirements .... 75,000 $8,013,000 shall remain available until Sep- penses, Botanic Garden, instead of $5,946,000

VerDate 13-OCT-2001 08:38 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00165 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.068 pfrm01 PsN: H30PT1 H7524 CONGRESSIONAL RECORD — HOUSE October 30, 2001 as proposed by the House and $5,829,000 as The managers on the part of the House do 12. Design upgrade kitch- proposed by the Senate. The conferees have not concur with the language in the Senate en exhausts systems .... 70,000 included language, as proposed by the House, report regarding incorporating the Furniture 13. ADA requirements, setting a limitation on the use of funds for and Furnishings account into the Library’s LB&G ...... 100,000 any activities of the National Garden and other appropriation accounts. 14. Design collections se- have not included the provision providing for ADMINISTRATIVE PROVISIONS curity ...... 200,000 reception and representation expenses. With In addition to various technical correc- 15. Design, replacement respect to object class and project dif- tions the conferees have agreed to set an of rain leaders, JAB ..... 50,000 ferences between the House and Senate bills, overall limitation of $300,000 on funds avail- 16. Design, remover 4 es- the conferees have agreed to the following: able for attendance at meetings instead of calators for office space JMMB ...... 100,000 Operating Budget ...... $4,107,000 $203,560 as proposed by the House and $407,560 Capitol Projects: as proposed by the Senate of which $75,000 is 17. Preservations envi- 1. Design, Administrative provided to the Congressional Research Serv- ronmental monitoring 100,000 building renovation ice instead of $60,486 as proposed by the 18. Design book storage and addition ...... 200,000 House and $86,486 as proposed by the Senate. #2, Ft. Meade ...... 420,000 2. Roof Fall Protection, The conferees have included administrative 19. Repair life safety defi- DC Village ...... 131,000 provisions that authorize a new Library of ciencies ...... 1,000,000 3. Vehicle Replacement .. 68,000 Congress revolving fund and establishes a GOVERNMENT PRINTING OFFICE 4. Shade Curtain war- gift fund and authorizes detailees for the OFFICE OF SUPERINTENDENT OF DOCUMENTS ranty ...... 125,000 Lincoln Bicentennial Commission. 5. Conservatory Galleries SALARIES AND EXPENSES ARCHITECT OF THE CAPITOL design exhibits, ban- (INCLUDING TRANSFER OF FUNDS) ners and audio tours .... 615,000 CAPITOL VISITOR CENTER Appropriates $29,639,000 for salaries and ex- 6. Implementation/con- The conference agreement provides penses, Office of Superintendent of Docu- tractor support con- $70,000,000 to the Architect of the Capitol for ments as proposed by the House instead of servatory courtyards ... 400,000 the Capitol Visitor Center for the comple- $28,728,000 as proposed by the Senate. tion of the expansion space. The Architect of LIBRARY OF CONGRESS ADMINISTRATIVE PROVISION SALARIES AND EXPENSES the Capitol is directed not to obligate any funds for this project without an approved The conferees have agreed to a provision in Provides $306,692,000 for salaries and ex- obligation plan. The plan should specify the the House bill which extends existing au- penses, Library of Congress, which will fund purpose, amount, and timing of anticipated thorization or early retirement and vol- 2,792 FTE’s, instead of $304,692,000 as pro- obligations. untary separation incentive payments. The posed by the House and $297,775,000 as pro- Senate bill includes a similar provision. CONGRESSIONAL CEMETERY posed by the Senate. Of this amount GENEAL ACCOUNTING OFFICE $6,850,000 is made available from receipts col- Appropriates $1,250,000 to the Architect of lected by the Library of Congress and the Capitol for a grant for the care and SALARIES AND EXPENSES $15,824,474 is to remain available until ex- maintenance of the Congressional Cemetery, Appropriates $421,844,000 for salaries and pended for acquisition of books, periodicals, instead of $2,500,000 as proposed by the Sen- expenses, General Accounting Office as pro- newspapers, and all other library materials ate. Of this amount, $250,000 is available to posed by the House instead of $417,843,000 as as proposed by the House instead of the Architect to develop a plan, in consulta- proposed by the Senate. Within the appro- $10,824,474 as proposed by the Senate. tion with the Association for the Historic priating language, the conferees have set the With respect to differences between the Preservation of the Congressional Cemetery, limitation on the representation expenses at House and Senate bills, the conferees have for perpetual care and maintennce of the $12,500 as proposed by the House instead of agreed to the following: Cemetery. The plan shall be submitted to the $12,000 as proposed by the Senate and made National Trust for Historic Preservation for technical corrections on two matters. 1. Mandatories ...... $12,381,417 review. The remaining amount is available 2. Hands Across America ... 7,100,000 The agreement does not include two provi- 3. Purchase of Library Ma- as a grant to an endowment fund for per- sions inserted in the Senate amendment that terials ...... 15,824,474 petual care and maintenance. relate to a pilot program in technology as- 4. Law Library Arrearage LIBRARY BUILDINGS AND GROUNDS sessment. The conferees direct the Comp- Reduction ...... 850,000 STRUCTURAL AND MECHANICAL CARE troller General to obligate up to $500,000, of the funds made available, for a pilot program 5. Abraham Lincoln Bicen- Appropriates $21,753,000 for structural and in technology assessment as determined by tennial Commission ...... 500,000 mechanical care. Library buildings and the Senate and to submit to the Senate a re- 6. National Digital Library 18,080,735 grounds instead of $22,252,000 as proposed by port on the pilot program not later than The conference agreement includes funds the House and $18,753,000 as proposed by the June 15, 2002. for two programs, to remain available until Senate. Of this amount $5,000,000 shall re- expended. One provision, for $7,100,000, is for main available until expended instead of PAYMENT TO THE RUSSIAN LEADERSHIP teaching educators how to incorporate the $8,918,000 as proposed by the House and DEVELOPMENT CENTER TRUST FUND Library’s primary source digital materials $6,878,000 as proposed by the Senate, and Appropriates $8,000,000 for a payment to into school curricula and includes $1,500,000 $3,748,000 of the amount provided shall re- the Russian Leadership Development Center for a pilot project in Illinois. The second pro- main available until September 30, 2006. Trust Fund instead of $10,000,000 as proposed vision provides $500,000, which includes $3,000 With respect to the object class and project by the Senate. The conferees note that the for official representation and reception ex- differences between the House and Senate FY2001 Appropriations Act established this penses, for the Abraham Lincoln Bicenten- bills, the conferees have agreed to the fol- program in the Legislative Branch and au- nial Commission. lowing: thorized the use of non-appropriated monies COPYRIGHT OFFICE Operating budget ...... $10,853,000 to support this program. SALARIES AND EXPENSES Capitol Projects: TITLE III—GENERAL PROVISIONS Provides $40,896,000, including $27,864,000 1. Replace partition sup- In Title III, General Provisions, section made available from receipts, for salaries ports JMMB ...... 200,000 numbers have been changed to conform to 2. Replace VSD Motor and expenses, Copyright Office, as proposed the conference agreement and technical cor- Controls, TJB & JAB ... 132,000 by the House instead of $40,701,000, including rections have been made. The conferees have 3. Replace sidewalks, $27,864,000 from receipts, as proposed by the included section 309 (appropriately renum- TJB and JAB ...... 100,000 bered) of the House bill. The conferees recog- Senate. This level of funding provides for 530 4. Restore decorative nize that the Capitol Telephone Exchange full time equivalents. painting, TJB and JAB 100000 BOOKS FOR THE BLIND AND PHYSICALLY 5. Book stack lighting operates out of one location with employees HANDICAPPED controls, TJB and JAB 100,000 working side-by-side. The conferees under- stand the importance of establishing equal SALARIES AND EXPENSES 6. Audio Visual Conserva- pay for these workers, and appreciate the Appropriates $49,788,000 for salaries and ex- tion Center, Culpeper .. 5,000,000 7. LOC Room and parti- complications created by the fact that some penses, books for the blind and physically are House employees and some are Senate handicapped as proposed by the House in- tion modifications ...... 500,000 8. Replace compact stack employees, paid from funds appropriated to stead of $49,765,000 as proposed by the Senate. the respective bodies. The conferees direct This level of funding provides for 128 full safety, JMMB ...... 300,000 9. Design, smoke detec- the House Chief Administrative Officer and time equivalents. tors compliance, LB&G 100,000 the Senate Sergeant at Arms to make a rec- FURNITURE AND FURNISHINGS 10 Roof fall protection, ommendation to the House and Senate Ap- Appropriates $7,932,000 for furniture and LB&G ...... 1,778,000 propriations Committees, on House Adminis- furnishings as proposed by the House instead 11. Design egress im- tration, and the Senate Committee on Rules of $8,532,000 as proposed by the Senate. provements ...... 550,000 and Administration, on how to structure the

VerDate 13-OCT-2001 08:38 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00166 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.071 pfrm01 PsN: H30PT1 October 30, 2001 CONGRESSIONAL RECORD — HOUSE H7525

U.S. Capitol Telephone Exchange to provide TIM JOHNSON, rials Being Incorporated by Reference for for uniform pay, procedures and policies for JACK REED, Jefferson County, Kentucky [KY–103; KY–107; all its employees while continuing to provide ROBERT C. BYRD, KY–110; KY–114; KY–115; KY–122–200203; FRL– a high level of service to Members, staff and ROBERT F. BENNETT, 7082–7] received October 10, 2001, pursuant to the American people. This report should be TED STEVENS, 5 U.S.C. 801(a)(1)(A); to the Committee on submitted by April 30, 2002. THAD COCHRAN, Energy and Commerce. The conferees have included a provision Managers on the Part of the Senate. 4433. A letter from the Principal Deputy Associate Administrator, Environmental that authorizes the Architect of the Capitol f to maintain and improve landscape features Protection Agency, transmitting the Agen- of property located near the House office RECESS cy’s final rule—Approval and Promulgation buildings. The conferees have included the The SPEAKER pro tempore. Pursu- of Air Quality Implementation Plans; Ken- House provision regarding the Buy American tucky: Approval of Revisions to State Imple- Act and have excluded the House provision ant to clause 12 of rule I, the Chair de- mentation Plan, Source Specific Require- related to the installation of compact fluo- clares the House in recess subject to ments, and Nonregulatory Provisions [KY– rescent light bulbs and have included direc- the call of the Chair. 131, and KY–133–200201; FRL–7083–1a] received tion, under the paragraph explaining House Accordingly (at 11 o’clock and 23 October 10, 2001, pursuant to 5 U.S.C. Office Buildings, for the Architect of the minutes p.m.), the House stood in re- 801(a)(1)(A); to the Committee on Energy and Capitol to address this matter. cess subject to the call of the Chair. Commerce. Amendment No. 2: Deletes the matter 4434. A letter from the Principal Deputy stricken and deletes the matter inserted and f Associate Administrator, Environmental deletes certain House matter not stricken by EXECUTIVE COMMUNICATIONS, Protection Agency, transmitting the Agen- the Senate. The disposition of this amend- ETC. cy’s final rule—Approval and Promulgation ment is purely technical so that the entire of Implementation Plans; State of Missouri text of the conference agreement could be in- Under clause 8 of rule XII, executive [MO 0135–1135a; FRL–7082–6] received October cluded in amendment numbered 1. The de- communications were taken from the 10, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to scription of the resolution of the differences Speaker’s table and referred as follows: the Committee on Energy and Commerce. 4435. A letter from the Principal Deputy in this amendment can be found in the joint 4425. A letter from the Principal Deputy Associate Administrator, Environmental statement of the mangers under amendment General Counsel, Department of Defense, Protection Agency, transmitting the Agen- numbered 1. transmitting a draft of proposed legislation cy’s final rule—Approval and Promulgation Amendment No. 3: Deletes the matter to award the medal of honor to Ben L. of Implementation Plans; Illinois Trading stricken and deletes the matter inserted and Salomom and Jon E. Swanson; to the Com- Program [IL 165–2; FRL–7056–6] received Oc- deletes certain House matter not stricken by mittee on Armed Services. tober 10, 2001, pursuant to 5 U.S.C. the Senate. The disposition of this amend- 4426. A letter from the Principal Deputy 801(a)(1)(A); to the Committee on Energy and ment is purely technical so that the entire General Counsel, Department of Defense, Commerce. text of the conference agreement could be in- transmitting a draft of proposed legislation cluded in amendment numbered 1. The de- 4436. A letter from the Associate Bureau relating to the annual survey of racial, eth- Chief, Wireless Telecommunications Bureau, scription of the resolution of the differences nic, and gender issues; to the Committee on in this amendment can be found in the joint Federal Communications Commission, trans- Armed Services. mitting the Commission’s final rule—Re- statement of the managers under amend- 4427. A letter from the Secretary, Depart- ment numbered 1. placement of Part 90 by Part 88 to Revise the ment of Defense, transmitting a letter on the Private Land Mobile Radio Services and Amendment No. 4: Deletes the section approved retirement of Lieutenant General number stricken and inserted and deletes Modify the Policies Governing Them [PR Charles R. Heflebower, United States Air Docket No. 92–235] and Examination of Ex- certain House matter not stricken by the Force, and his advancement to the grade of Senate. clusivity and Frequency Assignment Policies lieutenant general on the retired list; to the of the Private Land Mobile Services—re- Amendment No. 5: Deletes the matter Committee on Armed Services. stricken by the Senate. ceived October 9, 2001, pursuant to 5 U.S.C. 4428. A letter from the Director, Office of 801(a)(1)(A); to the Committee on Energy and CONFERENCE TOTAL—WITH Management and Budget, transmitting a re- Commerce. COMPARISONS port on the Cost Estimate For Pay-As-You- 4437. A letter from the Director, Office The total new budget (obligational) au- Go Calculations; to the Committee on the Congressional Affairs, Nuclear Regulatory thority for the fiscal year 2002 recommended Budget. Commission, transmitting the Commission’s by the Committee of Conference, with com- 4429. A letter from the Office of Civilian final rule—Interim Storage for Greater Than parisons to the fiscal year 2001 amount, the Radioactive Waste Management, Depart- Class C Waste [Docket No. PRM–72–2] (RIN: 2002 budget estimates, and the House and ment of Energy, transmitting the seven- 3150–AG33) received October 9, 2001, pursuant Senate bills for 2002 follow: teenth Annual Report on the activities and to 5 U.S.C. 801(a)(1)(A); to the Committee on [In thousands of dollars] expenditures of the Office of Civilian Radio- Energy and Commerce. active Waste Management, pursuant to 42 4438. A letter from the Assistant Secretary New budget (obligational) author- U.S.C. 10224(c); to the Committee on Energy ity, fiscal year 2001 ...... $2,729,527 for Legislative Affairs, Department of State, and Commerce. transmitting certification of a proposed li- Budget estimates of new 4430. A letter from the Principal Deputy (obligational) authority, fiscal cense for the export of defense articles or de- Associate Administrator, Environmental fense services sold under a contract to Israel year 2002 ...... 2,961,870 Protection Agency, transmitting the Agen- House bill, fiscal year 2002 ...... 2,239,000 (Transmittal No. DTC 102–01), pursuant to 22 cy’s final rule—Approval and Promulgation U.S.C. 2776(c); to the Committee on Inter- Senate bill, fiscal year 2002 ...... 2,874,114 of Air Quality Implementation Plans; Penn- Conference agreement, fiscal year national Relations. sylvania; Reasonably Available Control 2002 ...... 2,971,142 4439. A letter from the Assistant Secretary Technology Requirements for Volatile Or- Conference agreement compared for Legislative Affairs, Department of State, ganic Compounds and Nitrogen Oxides in the with: transmitting certification of a proposed li- Pittsburgh-Beaver Valley Area [PA041–4178; New budget (obligational) au- cense for the export of defense articles or de- FRL–7083–3] received October 10, 2001, pursu- thority, fiscal year 2001 ...... +241,615 fense services sold under a contract to Israel ant to 5 U.S.C. 801(a)(1)(A); to the Committee Budget estimates of new (Transmittal No. DTC 112–01), pursuant to 22 on Energy and Commerce. (obligational) authority, fis- U.S.C. 2776(c); to the Committee on Inter- 4431. A letter from the Principal Deputy cal year 2002 ...... +9,272 national Relations. Associate Administrator, Environmental House bill, fiscal year 2002 ...... 732,142 4440. A letter from the Assistant Secretary Protection Agency, transmitting the Agen- Senate bill, fiscal year 2002 ...... +97,028 for Legislative Affairs, Department of State, cy’s final rule—Approval and Promulgation transmitting certification of a proposed li- of Implementation Plans Kentucky: Ap- cense for the export of defense articles or de- CHARLES H. TAYLOR, proval of Revisions to Kentucky State Im- fense services sold under a contract to the ZACH WAMP, plementation Plan [KY–75–1; KY–97–1–200109, United Kingdom (Transmittal No. DTC 117– JERRY LEWIS, FRL–7082–8] received October 10, 2001, pursu- 01), pursuant to 22 U.S.C. 2776(c); to the Com- RAY LAHOOD, ant to 5 U.S.C. 801(a)(1)(A); to the Committee mittee on International Relations. DON SHERWOOD, on Energy and Commerce. 4441. A letter from the Assistant Secretary C.W. BILL YOUNG, 4432. A letter from the Principal Deputy for Legislative Affairs, Department of State, JAMES P. MORAN, Associate Administrator, Environmental transmitting certification of a proposed li- STENY H. HOYER, Protection Agency, transmitting the Agen- cense for the export of defense articles or de- MARCY KAPTUR, cy’s final rule—Approval and Promulgation fense services sold under a contract to DAVID R. OBEY, of Air Quality Implementation Plans; Ken- France (Transmittal No. DTC 099–01), pursu- Managers on the Part of the House. tucky; Approval of Revisions to State Imple- ant to 22 U.S.C. 2776(c); to the Committee on RICHARD J. DURBIN, mentation Plan; Revised Format for Mate- International Relations.

VerDate 13-OCT-2001 08:38 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00167 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.073 pfrm01 PsN: H30PT1 H7526 CONGRESSIONAL RECORD — HOUSE October 30, 2001 4442. A letter from the Assistant Secretary 4447. A letter from the Director, Office of REPORTS OF COMMITTEES ON for Legislative Affairs, Department of State, Management and Budget, transmitting a re- PUBLIC BILLS AND RESOLUTIONS transmitting notification that effective Sep- port on the Federal Activities Inventory Re- tember 23, 2001 the danger pay rate for the form Act; to the Committee on Government Under clause of rule XIII, reports of Montenegro Province was designated at the Reform. committees were delivered to the Clerk 20% level and the danger pay rate for Pesha- 4448. A letter from the Chairman, Securi- for printing and reference to the proper war, Pakistan was designated at the 25% ties and Exchange Commission, transmitting calendar, as follows: a copy of the annual report in compliance level, pursuant to 5 U.S.C. 5928; to the Com- Mr. HANSEN: Committee on Resources. with the Government in the Sunshine Act mittee on International Relations. H.R. 2585. A bill to authorize the Secretary of during the calendar year 2000, pursuant to 5 4443. A letter from the Auditor, District of the Interior to conduct a study of the feasi- U.S.C. 552b(j); to the Committee on Govern- Columbia, transmitting a copy of a report bility of providing adequate upstream and ment Reform. entitled, ‘‘Fiscal Year 2000 Annual Report on downstream passage for fish at the Chiloquin Advisory Neighborhood Commissions,’’ pur- 4449. A letter from the Accounting Admin- istration Supervisor, Daughters of the Amer- Dam on the Sprague River, Oregon (Rept. suant to D.C. Code section 47–117(d); to the 107–255). Referred to the Committee of the Committee on Government Reform. ican Revolution, transmitting the report of the audit of the Society for the fiscal year Whole House on the State of the Union. 4444. A letter from the Director, Office of ending February 28, 2001, pursuant to 36 Mr. HANSEN: Committee on Resources. Procurement and Property Management, De- U.S.C. 1101(20) and 1103; to the Committee on H.R. 1776. A bill to authorize the Secretary of partment of Agriculture, transmitting the the Judiciary. the Interior to study of the suitability and Department’s final rule—Agriculture Acqui- 4450. A letter from the Director, Policy Di- feasibility of establishing the Buffalo Bayou sition Regulation; Part 442 Amendment; Des- rectives and Instructions Branch, INS, De- National Heritage Area in west Houston, ignation and Mandatory Use of Contractor partment of Justice, transmitting the De- Texas; with an amendment (Rept. 107–256). Performance System [AGAR Case 99–02] partment’s final rule—Delegation of the Ad- Referred to the Committee of the Whole (RIN: 0599–AA08) received October 4, 2001, judication of Certain Temporary Agricul- House on the State of the Union. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tural Worker (H–2A) Petitions, Appellate and Mr. HANSEN: Committee on Resources. mittee on Government Reform. Revocation Authority for those Petitions to H.R. 483. A bill regarding the use of the trust 4445. A letter from the Director, Office of the Secretary of Labor [INS 1946–98] (RIN: land and resources of the Confederated Procurement and Property Management, De- 1115–AF29) received October 4, 2001, pursuant Tribes of the Warm Springs Reservation of partment of Agriculture, transmitting the to 5 U.S.C. 801(a)(1)(A); to the Committee on Oregon; with an amendment (Rept. 107–257). Department’s final rule—Agriculture Acqui- the Judiciary. Referred to the Committee of the Whole sition Regulation; Part 419 Amendment; 4451. A letter from the Chief, Regulations House on the State of the Union. North American Industrial Classification Unit, Internal Revenue Service, transmitting Mr. CALLAHAN: Committee of Conference. System [AGAR Case 2000–01] (RIN: 0599– the Service’s final rule—Action On Decision Conference report on H.R. 2311. A bill mak- AA09) received October 4, 2001, pursuant to 5 Therese Hahn v. Commissioner, pursuant to ing appropriations for energy and water de- U.S.C. 801(a)(1)(A); to the Committee on Gov- 5 U.S.C. 801(a)(1)(A); to the Committee on velopment for the fiscal year ending Sep- ernment Reform. Ways and Means. tember 30, 2002, and for other purposes (Rept. 4446. A letter from the Deputy Independent 4452. A letter from the Chief, Regulations 107–258). Ordered to be printed. Counsel, Office of the Independent Counsel, Unit, Internal Revenue Service, transmitting Mr. TAYLOR of North Carolina: Com- transmitting a report under the Federal the Service’s final rule—Tax Imposed on Cer- mittee of Conference. Conference report on Managers’ Financial Integrity Act for the tain Built-In Gains [Rev. Rul. 2001–50] re- H.R. 2647. A bill making appropriations for period ending September 30, 2001, pursuant to ceived October 9, 2001, pursuant to 5 U.S.C. the Legislative Branch for the fiscal year 31 U.S.C. 3512(c)(3); to the Committee on 801(a)(1)(A); to the Committee on Ways and ending September 30, 2002, and for other pur- Government Reform. Means. poses (Rept. 107–259). Ordered to be printed.

N O T I C E Incomplete record of House proceedings. Today’s House proceedings will be continued in the next issue of the Record.

VerDate 13-OCT-2001 08:38 Oct 31, 2001 Jkt 099060 PO 00000 Frm 00168 Fmt 7634 Sfmt 8633 E:\CR\FM\L30OC7.000 pfrm01 PsN: H30PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, TUESDAY, OCTOBER 30, 2001 No. 147 Senate The Senate met at 10 a.m. and was APPOINTMENT OF ACTING the point where we now are. The two called to order by the Honorable JEFF PRESIDENT PRO TEMPORE managers are experienced in one of the BINGAMAN, a Senator from the State of The PRESIDING OFFICER. The most difficult bills we normally have. I New Mexico. clerk will please read a communication think this year much of the difficulty to the Senate from the President pro has already been completed prior to its PRAYER tempore (Mr. BYRD). arriving on the floor. The Chaplain, Dr. Lloyd John The assistant legislative clerk read So I hope those people who wish to Ogilvie, offered the following prayer: the following letter: offer amendments will recognize that we are going to come up with a unani- Gracious God, a very present help in U.S. SENATE, trouble, we praise You for Your tenac- PRESIDENT PRO TEMPORE, mous consent agreement really soon on ity to live through troubled times. We Washington, DC, October 30, 2001. a time when amendments must be sub- listen in on Your conversation with the To the Senate: mitted. We haven’t completed that Psalmist when he was beset with trou- Under the provisions of rule I, paragraph 3, with the managers yet, but they agree ble. We hear Your gracious invitation: of the Standing Rules of the Senate, I hereby that something should be done in that appoint the Honorable JEFF BINGAMAN, a regard. ‘‘Call on Me in the day of trouble; I will Senator from the State of New Mexico, to deliver you, and you shall glorify perform the duties of the Chair. f Me.’’—Psalm 50:15. We respond with the ROBERT C. BYRD, Psalmist, ‘‘Hear my prayer, O Lord. Do President pro tempore. MEASURES PLACED ON not hide Your face from me in the day Mr. BINGAMAN thereupon assumed CALENDAR—S. 1573 AND H.R. 1552 of trouble; incline Your ear to me . . . the chair as Acting President pro tem- though I walk in the midst of trouble, pore. Mr. REID. Mr. President, I under- You will revive me.’’—Psalms 102:1; stand there are two bills at the desk 138:7. f that have been read for the first time; Thank You, Lord, for Your reviving RECOGNITION OF THE ACTING is that correct? power. You revive us with convictions MAJORITY LEADER The ACTING PRESIDENT pro tem- pore. The Senator is correct. which cannot be compromised: You are The ACTING PRESIDENT pro tem- our refuge and our strength; You have Mr. REID. I ask unanimous consent pore. The Senator from Nevada is rec- that it be in order that S. 1573 and H.R. blessed our Nation through our history; ognized. You will help us be victorious over the 1552, en bloc, receive a second reading, evil of terrorism. We also are revived f and I will object to any further consid- by the replenishing of our confidence: SCHEDULE eration of these two matters. You will save us through our present The ACTING PRESIDENT pro tem- Mr. REID. Mr. President, the day will crisis; we need not fear. We feel Your pore. The clerk will report. begin with consideration of the Labor- Spirit surging into our souls: anxiety is The assistant legislative clerk read HHS Appropriations Act. Senators replaced by serene security, frustration as follows: HARKIN and SPECTER are managing this by faith, tiredness with temerity, cau- A bill (S. 1573) to authorize the provision of bill. We are going to have a party con- tion with courage. And so we say with educational and health care assistance to the ference recess from 12:30 to 2:15 today. the Psalmist, ‘‘In the day when I cried women and children of Afghanistan. There will be no rollcall votes prior to A bill (H.R. 1552) to extend the moratorium out, You answered me, and made me 2:15. enacted by the Internet Tax Freedom Act bold with strength in my soul.’’— I just left a meeting with the major- through November 1, 2003, and for other pur- Psalm 138:3. Amen. ity leader, Senator DASCHLE. He would poses. like to be able to finish the business of The ACTING PRESIDENT pro tem- f the Senate as soon as possible. We have pore. Under the rule, the bills will be 3 weeks until the Thanksgiving holi- placed on the calendar. PLEDGE OF ALLEGIANCE day. There is a lot to do. Everybody f The Honorable JEFF BINGAMAN led recognizes that. We completed two ap- the Pledge of Allegiance, as follows: propriations bills that have been sent RESERVATION OF LEADER TIME I pledge allegiance to the Flag of the to the President. We hope to be able to United States of America, and to the Repub- complete this bill even today. That The ACTING PRESIDENT pro tem- lic for which it stands, one nation under God, would be what the managers want. pore. Under the previous order, the indivisible, with liberty and justice for all. They have worked very hard to get to leadership time is reserved.

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

S11153

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VerDate Mar 15 2010 04:06 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 S11154 CONGRESSIONAL RECORD — SENATE October 30, 2001 DEPARTMENTS OF LABOR, and treating the disorders that afflict lines may be inappropriate for pro- HEALTH AND HUMAN SERVICES, men, women and children in our soci- ducing any human therapies because of AND EDUCATION, AND RELATED ety is the best means we have for pro- their exposure to mouse feeder cells AGENCIES APPROPRIATIONS tecting our health and combating dis- while growing in culture. ACT, 2002 ease. Since 1998, the Subcommittee on The ACTING PRESIDENT pro tem- Since January 2001, the Labor-HHS Labor, Health and Human Services and pore. Under the previous order, the Subcommittee has held 12 hearings on Education has held nine hearings to ex- Senate will now proceed to the consid- medical research issues. We have heard plore the potential medical benefits of eration of H.R. 3061, which the clerk testimony from NIH Institute Direc- stem cell research. The subcommittee tors, medical experts from across the will report. has heard more than 21 hours of testi- The assistant legislative clerk read United States, patients, family mem- mony from some of the most pre- as follows: bers, and advocates asking for in- eminent scientists in the world who creased biomedical research funding to have described how stem cells have the A bill (H.R. 3061) making appropriations for the Departments of Labor, Health and find the causes and cures for diseases potential to cure the most common dis- Human Services, and Education, and related such as Alzheimer’s and Parkinson’s eases afflicting Americans today. We agencies for the fiscal year ending Sep- disease, ALS, AIDS, cancer, diabetes, have heard from ethicists who have dis- tember 30, 2002, and for other purposes. muscular dystrophy, multiple sclerosis, cussed the moral and social implica- The ACTING PRESIDENT pro tem- heart disease and many other serious tions of pursuing this line of research. pore. The Senator from Pennsylvania health disorders. The bill before the We have listened to company execu- is recognized. Senate contains $23.7 billion for the tives who recount their ideas and hopes Mr. SPECTER. Mr. President, I National Institutes of Health, the for delivering therapies to patients and thank the assistant majority leader for crown jewel of the Federal Govern- patent attorneys discussing intellec- his statement about scheduling. It is ment. The $3.4 billion increase over the tual property rights. But the most my hope and it is my recommendation FY 2001 appropriation will support striking and most compelling testi- that we proceed very promptly with medical research that is being con- mony has been from patients who suf- this bill, with the possibility of con- ducted at institutions throughout the fer from disease and disabilities that cluding it before the end of business country. This increase will continue destroy lives. today, or certainly no later then mid- the effort to double NIH by FY 2003. The Labor-HHS and Education bill day tomorrow. These funds will be critical in cata- before the Senate adds a new provision There has been ample time for Sen- lyzing scientific discoveries that will to the existing embryo ban (carried in ators to consider amendments to this lead to new treatments and cures for a the bill since FY’96). This language legislation. Last year, this bill was re- whole host of diseases. permits Federal dollars to be used—at ported out of committee on June 30 and The use of human embryonic stem the discretion of the President—for re- floor action was concluded on July 27, cells for research has become an issue search on embryonic stem cells from and because of scheduling this year, it that is consistently debated in the embryos that meet the following cri- has come at a later time, understand- press, on radio and television, and teria: created in excess of clinical need, ably. Senators have had an opportunity amongst people around the world. The will otherwise be discarded, and are do- to consider whatever amendments they fact that in fewer than 3 years, stem nated with the written consent of the want to offer. There is real concern as cell research has gone from an avant progenitors. This language for the first to what may happen in the remainder garde interest of a few select scientists time, states that Federal dollars may of the legislative season, and there has to a common, contemporary issue re- be used for embryonic stem cell re- been some talk and most of us, if not veals the immense potential that stem search. all of us, do not want to see a con- cells offer ailing patients. Since September 11, 2001, Americans tinuing resolution. Yet coming to terms with the inher- have become acutely aware that our Mr. President, the Labor, Health and ent moral and ethical issues of stem enemies will use any means to murder Human Services and Education bill be- cell research is difficult. We struggle and maim large numbers of U.S. civil- fore the Senate today contains $123.1 with the balance of our respect for ians. The use of biological agents is no billion in discretionary spending, the human life against the compassion we longer a threat—it is a reality. The full amount of the subcommittee’s have for those who suffer from diseases deaths of 3 individuals from inhala- budget authority allocation under sec- that could be cured by stem cells. On tional anthrax and the infection of oth- tion 302(b) of the Budget Act. This August 9, 2001, President Bush re- ers with the cutaneous form of the dis- amount represents an increase of $11.4 counted his own struggle with this ease has made all of us aware of the billion over the FY’01 freeze level. The volatile issue. The President made a need to act quickly to provide the bill is within its outlay allocation of diligent, valiant effort to reach an ac- funds needed for prevention and treat- $107.7 billion. In addition, $300 million cord that would satisfy all sides. ment needs. The committee has in- in emergency spending is also included I believe that limits on the use of cluded $338 million to coordinate state for the Low Income Home Energy As- Federal research money to only exist- and local readiness, stockpile appro- sistance Program. ing stem cell lines, will place barriers priate pharmaceuticals, and build our At this time, I want to take this op- in the path of medical progress. We are public health infrastructure to respond portunity to thank the distinguished just beginning to understand which re- to any act of bioterrorism. The anthrax Senator from Iowa, Senator HARKIN, searchers and companies throughout found in Senator DASCHLE’s office and the chairman of the committee, for his the world have ownership of these ex- in the House and Senate mail rooms, at hard work in bringing this bill through isting stem cell lines and we have little postal facilities in New Jersey and the the committee and on to the floor for knowledge of their property rights, District of Columbia and surrounding full consideration by all Senators. plans to share or license the use of areas, in news and other media facili- The programs funded within the sub- those lines to other researchers, or ties proves that we must try and pre- committee’s jurisdiction provide re- whether the donors of those embryos vent, detect and quickly respond to sources to improve the public health have given the requisite informed con- any further acts of bioterrorism. Addi- and strengthen biomedical research, sent. We know little about the quality tional dollars to address bioterrorism assure a quality education for Amer- of those existing stem cell lines, al- needs will be considered during supple- ica’s children, and offer opportunities though up to one-third of them may be mental appropriations bills in Novem- for individuals seeking to improve job so fragile that they will be of no use to ber. skills. I’d like to mention several im- any researcher. We do not know how For the first time, the committee has portant accomplishments of this bill. future therapies will be developed for included $1 million for a public aware- Few things are more important than our genetically diverse population ness campaign to educate Americans a person’s health and few things are from only a few select genetic lines. about the existence of spare embryos more feared than ill health. Medical re- Perhaps most importantly, we are now and adoption options. During stem cell search into understanding, preventing, learning that the existing stem cell hearings, we were made aware that

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11155 there are 100,000 spare frozen embryos to determine ways to reduce medical H.R. 1. This program consolidates the stored in in-vitro fertilization clinics errors, an increase of $10 million over four current educational technology throughout the United States. Many the FY’01 appropriation. programs. infertile couples could choose to adopt The bill maintains $2 billion for the For the 21st century After School and implant such embryos if they were Low Income Home Energy Assistance Program, the bill provides $1 billion, an aware of that option. Program. The amount, when combined increase of $154.4 million over last Since 1999, $2.9 billion has been de- with the additional $300 million in year’s level. This program supports voted to programs to assist commu- emergency appropriations, will provide rural and inner-city public elementary nities in preventing youth violence. a total of $2.3 billion for the LIHEAP and secondary schools that provide ex- This year the committee has included Program in FY’02. LIHEAP is the key tended learning opportunities and offer $1.542 billion to continue to address energy assistance program for low in- recreational, health, and other social youth violence in a comprehensive and come families in Pennsylvania and in services programs. The bill also in- coordinating manner throughout the other cold weather states throughout cludes language to permit funds to be Federal Government. Funds will be the Nation. Funding support grants to provided to community-based organiza- used to improve research, prevention, States to deliver critical assistance to tions. education, and treatment strategies to low income households to help meet For Impact Aid programs, the bill in- identify and combat youth violence. higher energy costs. cludes $1.130 billion, an increase of To enable all children to develop and For programs serving the elderly, the $137.1 million over the 2000 appropria- function at their highest potential, the bill before the Senate recommends $2.4 tion. Included in the recommendation bill included $6.6 billion for the Head billion. Included is: $366 million for is: $50 million for payments for chil- Start Program, an increase of $400 mil- supportive services and senior centers; dren with disabilities; $954 million for lion over last year’s appropriation. $561 million for congregate and home- basic support payments, an increase of This increase will provide services to delivered nutrition services; and $202.5 $72 million; $68 million for construction 916,000 children in 49,420 classrooms million for the national senior volun- and $50.5 million for payments for Fed- across the Nation. teer corps; $450 million for the commu- eral property. To help provide primary health care nity service employment program The bill provides $516 million to as- services to the medically indigent and which provides part-time employment sist in the education of immigrant and underserved populations in rural and opportunities for low-income elderly. limited-English proficient students. urban areas, the bill contains $1.34 bil- Also, the bill provides $909.1 million for This recommendation is an increase of lion for community health centers. the National Institute on Aging for re- $56 million over the 2001 appropriation. The $8.4 billion provided in the bill This amount presents an increase of search into the causes and cures of Alz- will help local educational agencies $175.1 million over the FY 2001 appro- heimer’s disease and other aging re- meet the requirement that all children priation. These centers provide health lated disorders; funds to continue geri- with disabilities have access to a free, care to nearly 12 million low-income atric education centers; and the Medi- appropriate public education, and all patients, many of whom are uninsured. care insurance counseling program. infants and toddlers with disabilities Again this year, the committee has The bill includes $5.1 billion for AIDS have access to early intervention serv- placed a very high priority on women’s research, prevention and services. In- ices. The $999.6 million increase over health. The bill before the Senate pro- cluded in this amount is $1.833 billion the FY’01 appropriation will serve an vides $818.7 million for programs spe- for Ryan White programs, an increase estimated 6.5 million children age 3–21, cifically addressing the health needs of of $75.4 million; $781.2 million for AIDS at a cost of $1,133 per child. While also women. Included in this amount is $27.4 prevention programs at the Centers for supporting 612,700 preschoolers at a million for the Public Health Service, Disease Control; and $2.375 billion for Office of Women’s Health, an increase cost of $637 per child. research at the National Institute of To improve post-secondary education of $6.1 million over last year’s funding Allergy and Infectious Diseases. opportunities for low-income first-gen- level to continue and expand programs To enhance this Nation’s investment eration college students, the com- to develop model health care services in education, the bill before the Senate mittee recommendation provides $805 for women, provide monies for a com- contains $48.5 billion in discretionary million for the TRIO program, a $75 prehensive review of the impact of education funds, an increase of $6.3 bil- million increase over the 2001 appro- heart disease on women, and to launch lion over the FY’01 freeze level, and $4 priation. These additional funds will an osteoporosis public education cam- billion more than the President’s budg- assist in more intensive outreach and paign aimed at teenagers. Also in- et request. support services for low income youth. cluded is $266 million for family plan- For programs to educate disadvan- For student aid programs, the bill ning programs; $124.2 million to sup- tage children, the bill recommends provides $12.3 billion, an increase of port the programs that provide assist- $11.8 billion, an increase of $1.8 billion $1.6 billion over last year’s amount. ance to women who have been victims over last year’s level. The bill also in- Pell grants, the cornerstone of student of abuse and to initiate and expand do- cludes $200 million for the Even Start financial aid, have been increased by mestic violence prevention programs program to provide educational serv- $250 for a maximum grant of $4,000. The to begin; $167.2 million for sexually ices to low-income children and their supplemental educational opportunity transmitted diseases; $195 million for families; $36 million for the education grants program has also been increased breast and cervical cancer screening; of homeless children, and $30 million by $22.1 million, the work study pro- and $39 million for the Office of Re- for migrant education programs. gram is held at the FY’01 level and the search on Women’s Health at the Na- For school improvement programs, Perkins loans programs is increased by tional Institutes of Health. the bill includes $8.7 billion, an in- $15 million. In FY’01, the Labor-HHS Sub- crease of $1.6 billion over the FY’01 ap- In this Nation, we know all too well committee held several hearings to ex- propriation. Within this amount, $3.039 that unemployment wastes valuable plore the factors leading to medical er- billion will be used for a new state human talent and potential, and ulti- rors and received testimony from fam- grant program for improving teacher mately weakens our economy. The bill ily members and patients detailing quality. To assist States and local edu- before us today provides $5.5 billion for their experiences with medical mis- cation agencies in developing edu- job training programs, $80.8 million takes. The Institute of Medicine also cation reform initiatives, the bill in- over the 2001 level. Also included is $1.4 gave testimony and outlined findings cludes $410 million. Also included is billion for Job Corps programs; $950 from their recent report which indi- $925 million for grants to local edu- million for adult training; and $1.549 cated that 98,000 deaths occur each cation agencies for emergency school billion for retraining dislocated work- year because of medical errors and renovation and repair activities. The ers and $1.127 billion for youth train- these deaths may cost up to $29 billion committee recommendation includes ing. in excess health care expenditures and $712.1 million for educational tech- The bill provides $1.422 billion for lost productivity each year. The bill nology state grants, as authorized worker protection programs, an in- before the Senate contains $60 million under the Senate-passed version of crease of $63.8 million above the 2001

VerDate Mar 15 2010 04:06 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 S11156 CONGRESSIONAL RECORD — SENATE October 30, 2001 appropriation. While progress has been Mr. REID. Mr. President, I have spo- Services, and Education Subcommittee made in this area, there are still far ken with the managers of the bill, and of the Senate Appropriations Com- too many work-related injuries and ill- being a member of the committee, I mittee, I am very pleased to bring be- nesses. The funds provided will con- have been so impressed with the hear- fore the Senate the 2002 appropriations tinue the programs that inspect busi- ings these two Senators have held over bill for the Department of Labor, De- ness and industry, assist employers in the last several years. It does not mat- partment of Health and Human Serv- weeding out occupational hazards and ter who is the chairman of the sub- ices, Department of Education, and re- protect workers’ pay and pensions. committee; they have done out- lated agencies. The bill includes $395 million for the standing work. They are always on the I am also pleased to report that the Corporation for Public Broadcasting, cutting edge of what is going on in the bill was approved on a unanimous bi- an increase of $30 million over the country. So I hope people will realize partisan vote on October 11. FY’2003 appropriation. In addition to what an important bill this is. I begin by thanking my good friend the core amount provided for CPB, the I am going to work to have a unani- and partner in this effort, Senator Committee recommends $25 million for mous consent agreement in order that SPECTER, and his excellent staff for the conversion to digital broadcasting. by 4 o’clock this afternoon there will working with me and my staff to put There are many other notable accom- be a filing deadline for first-degree together this bill on a bipartisan basis. plishments in this bill, but for sake of amendments on this bill. We will work This is always one of the most difficult time, I have mentioned just several of on that while the managers are giving bills to put together, and it is certainly the key highlights, so that the Nation their opening statements. one of the most important. may grasp the scope and importance of The ACTING PRESIDENT pro tem- Our Nation’s health and the strength this bill. pore. The Senator from Iowa is recog- of our tomorrow are shaped by the crit- Mr. President, I again want to thank nized. ical health, education, and labor in- Senator HARKIN and his staff and the Mr. HARKIN. Mr. President, I thank vestments made by this bill. other Senators on the subcommittee our assistant majority leader for his ef- I also thank Chairman BYRD and Sen- for their cooperation. forts in this regard. I thank him for all ator STEVENS for their steadfast sup- This bill has very substantial addi- of his support through the years, and port and guidance throughout the year tional funding for education—some $4 especially this year, for bringing this and for their good work in helping us billion more than last year. It has very bill before the Senate. It is an impor- get an enhanced allocation. considerable additional funding for the tant bill. The bill we are putting forward today National Institutes of Health, which I will give my opening statement in a obviously is not perfect, not by a long funding has been a priority, on which moment. I certainly hope we are able shot, but given the limited resources the distinguished chairman, Senator to reach some agreement on the filing with which we had to work, I think it HARKIN, and I have worked during his of amendments sometime this after- is a very strong bill and one I can chairmanship in the early 1990s and noon. This bill has been laid to the side strongly recommend. mine for 61⁄2 years, beginning in 1995 for a long time. People have known it As we have done throughout our over through earlier this year. If there is a was going to come up. I hope we can 10-year partnership working on this continuing resolution, those increases get the amendments filed. I hope we subcommittee, the fiscal year 2002 bill will not be realized. can dispense with this bill, if not is truly the product of bipartisan nego- I think there is also an appropriate today, as was said, early tomorrow. tiation as Senator SPECTER and I have point of emphasis with what is hap- There is no reason we cannot finish the worked closely together to shape it. We pening in the country. I believe other bill today. I hope we can move in that have done our best to accommodate the Senators share my belief that there is direction. I thank Senator REID for his literally thousands of requests we have a real need for us to spend time in our efforts in this regard. received from our colleagues. States with our constituents, telling AMENDMENT NO. 2017 Mr. President, I will highlight some them what is happening in the world Mr. HARKIN. Mr. President, I send a of the main features of the proposal be- and telling them what is happening in substitute amendment to the desk, fore us. America. We all know that all of this which is the text of the Senate-com- First, it takes a number of important work should have been finished by Sep- mittee-reported bill, and ask the clerk steps to improve the quality, afford- tember 30. Here we are on October 30. to report it. ability, and accessibility of health care So I urge my colleagues, in further- The ACTING PRESIDENT pro tem- in America. By providing a record $3.4 ance of what the distinguished Acting pore. The clerk will report. billion increase to medical research majority leader has said, to let us The assistant legislative clerk read funded by the National Institutes of know what the amendments are and as follows: Health, we are keeping our 5-year com- mitment to double our national invest- offer to bring them. If we are not ac- The Senator from Iowa [Mr. HARKIN], for corded that kind of consideration, it is himself and Mr. SPECTER, proposes an ment in potential medical break- my hope we will move to the third amendment numbered 2017. throughs. This action holds the hope of reading so that we can go to con- Mr. HARKIN. Mr. President, I ask improving the lives of millions plagued ference. unanimous consent that the reading of by killers such as Alzheimer’s, cancer, This is not going to be an easy bill to the amendment be dispensed with. Parkinson’s, diabetes, osteoporosis, conference. Unless we proceed with dis- The ACTING PRESIDENT pro tem- spinal cord injuries, and so many oth- patch, we will not have the benefit of pore. Without objection, it is so or- ers. The bill also makes a major improve- these very substantial increases in dered. ment in access to affordable health funding. (The text of the amendment is print- I thank the Chair and my colleagues. ed in today’s RECORD under ‘‘Amend- care by providing a record $175 million The ACTING PRESIDENT pro tem- ments Submitted.’’) increase to community health centers pore. The Senator from Nevada is rec- Mr. HARKIN. Mr. President, I ask and major increases in critical preven- ognized. unanimous consent that the amend- tion activities such as cancer and heart Mr. REID. Mr. President, I suggest ment be agreed to; that the motion to disease screening. These changes are the absence of a quorum. reconsider be laid upon the table; that preventive in nature and will save lives The ACTING PRESIDENT pro tem- the amendment be considered as origi- and improve health. pore. The clerk will call the roll. nal text for the purpose of further The bill also has a major new effort The assistant legislative clerk pro- amendment; and that no points of to improve health care in our rural ceeded to call the roll. order be considered waived by virtue of areas and small towns. We will bring Mr. REID. Mr. President, I ask unan- this agreement. more doctors and nurses and other imous consent that the order for the The ACTING PRESIDENT pro tem- health professionals to places they are quorum call be rescinded. pore. Without objection, it is so or- needed by expanding the National The ACTING PRESIDENT pro tem- dered. Health Service Corps and the Nurse pore. Without objection, it is so or- Mr. HARKIN. Mr. President, as chair- Loan Repayment Program. Our strug- dered. man of the Labor, Health and Human gling rural hospitals are given help to

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11157 deal with Medicare paperwork burdens enhancements. Last year, this sub- good, low-cost program that helps the and help to expand into other activities committee, under the leadership of elderly and disabled in small towns and such as adult daycare. Senator SPECTER, started an initiative urban centers all over our country. For As a Senator from Iowa and as co- to help our local school districts make many of the seniors it is their only hot chair of the Senate Rural Health Cau- their schools safe. It has been ex- meal of the day and often the person cus, I know how sorely these changes tremely popular in the States, and in a who delivers the meal is the only vis- are needed. time of economic downturn, this job- itor they have during the entire day. Education continues to be a top pri- creating initiative is even more urgent This bill also provides a major in- ority of this subcommittee, and while and it should be continued. crease in services such as adult our bill provides substantial new in- I will, at some appropriate point, daycare, to help seniors remain in their vestments in quality education, it is point out on a chart how much all of own homes and to give their loved ones my strong hope and expectation that the various States have received in the needed respite and support care. more resources will be provided when last year to make needed repairs, to Finally, our subcommittee has held a we complete action on the education bring their schools up to fire and safety series of hearings on the need to better reform bill now in conference. code requirements, and to make needed protect Americans from the threat of I also sit on that conference com- security enhancements for their bioterrorism, which, of course, is on so mittee, led by our distinguished chair- schools. As I said, it has been very many of our minds today, especially man, Senator KENNEDY. That bill, helpful to the States. The Governors those of us who have offices in the Hart which is now in conference, contains an all support it; the school boards sup- Building, knowing we are not going to amendment that was offered by Sen- port it; and the parent-teacher associa- be able to get our staffs back in the ator HAGEL and me that the Senate ap- tions. There is no one who is opposed building for, I guess, a few more weeks, proved without one dissenting vote, to it. from what I understand. It is a concern that we will finally meet our commit- So we put the money back in this of Americans all over America about ment to fully fund special education. year to keep it going. With all of the the mail they receive and whether they We need that provision to do right by talk about stimulus and stimulus pack- are going to be exposed, whether or not our schools and our local property tax age, and looking at the stimulus pack- our food is going to be safe. So bioter- payers. age the House sent us with all of the rorism is something we have to ad- That amendment in that bill—I am tax breaks for huge corporations, it dress. talking not about the bill before us, seems to me the best stimulus we could This Friday, our subcommittee will but the education reform bill that is in provide would be to send money di- be having a hearing on the potential conference—the amendment Senator rectly to our communities so they threat of smallpox and what we are HAGEL and I offered, would over the could repair and modernize their doing and what more we need to do to next several years increase from the schools. We get a couple bangs for the protect our country against this pos- present level of 15 percent to 40 percent buck on that. We put people to work; it sible terrorist threat. the amount the Federal Government stimulates local economies, and of While the bill before us contains a will put into special education on an course that has a backup effect because modest level of funding to address this average-cost-per-pupil basis. there will be suppliers of different need of bioterrorism, a much larger Twenty-five years ago when we equipment, and it provides for all kinds package will be included in the passed the special education bill, the of multiplier effects in the economy. antiterrorism supplemental appropria- Individuals with Disabilities Education The second thing we get when we fin- tions bill. We have developed a detailed Act, we stated at that time that the ish is we get something of lasting value $2.3 billion plan that would beef up our goal of the Federal Government was to for our country: better schools. So I am public health system, boost our vaccine provide 40 percent of the average-per- hopeful this program will be continued. stockpiles, help hospitals respond to pupil cost. That was 25, actually 26, This bill also makes college more af- potential surges, boost vaccine re- years ago, and we are now at 15 per- fordable for millions of young people search, and increase lab security. cent. by increasing the Pell grant maximum This subcommittee is serious about Special education continues to be one to $4,000 and increasing the TRIO by $75 meeting this threat head on, and we of the highest costs to our local school million, which brings that program’s are prepared to fully fund a comprehen- districts, one that is burdening our total funding to $805 million. sive, commonsense, antibioterrorism local school systems and our local The bill also makes an important effort. property tax payers. Yet the Federal downpayment on needed improvements I conclude by saying Senator SPEC- Government has not lived up to its to elementary and secondary edu- TER and I are now prepared to move commitment. So in that education bill, cation. It increases funding for title I this bill. The leaders have asked us, as Senator HAGEL and I offered an amend- by $1.4 billion, to a total of $10.2 bil- we heard earlier, to move the bill ment to boost that funding. It is now in lion. It increases afterschool programs quickly. We are eager to complete it so conference, and hopefully we will keep by $154 million, which brings that to a we can get to conference with the that provision in the bill. total of about $1 billion. It increases House. So I hope, if Members have That will, of course, free up some funding for teacher quality by over $900 amendments, they will come to the money for other parts of education million for a total of just over $3 bil- Chamber and offer them. Hopefully, we which we did not have in our bill and lion for teacher quality. can wrap up this bill sometime today. were unable to meet all the needs. This bill also funds crucial worker As the chairman, I usually am aware I especially want to say with the protection and job training efforts. I of possible amendments. I must say at downturn in the economy, I believe we am pleased we have been able to im- this point in time I have not heard of are going to need more money espe- prove our commitment to worker any amendments. So if any Senators cially for title I programs in education training and safety in this bill. We have amendments, I hope they will for the next year, and beyond that de- have also funded our State unemploy- come and offer them as soon as pos- pends on what happens to the economy. ment offices to handle the increased sible. Certainly we are going to need it for caseload they will face with the eco- I want to thank my colleague, Sen- the next year. nomic downturn. ator SPECTER, and his staff for all their Again, I am hopeful the education Coming from a State with one of the help in putting this bill together. As he bill that is in conference will continue; highest percentages of senior citizens said earlier, we have had a great part- that the House will recede to the Sen- in the Nation, I am keenly aware of the nership now going on over 10 years. We ate and will keep that money for spe- many needs of our Nation’s seniors. Ac- keep switching sides. One is the chair- cial education. cordingly, our bill contains a substan- man or ranking member, then chair- I am also very pleased to report this tial initiative to improve services to man or ranking member. Quite frank- bill before us today contains nearly $1 our Nation’s elderly. We will allow ly, I like it a little bit better this way, billion to make needed repairs to our many more homebound seniors to re- but I could not have asked for a better schools, including necessary security ceive Meals on Wheels. This is a very chairman when I was ranking member.

VerDate Mar 15 2010 04:06 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 S11158 CONGRESSIONAL RECORD — SENATE October 30, 2001 I appreciate all of the many kindnesses been increases but not enormous in- raised about the possibility of adoption he has afforded me, and the closeness creases. Senator HARKIN and I deter- of these embryos. Certainly, if it were with which we have worked over the mined this was the highest priority be- possible to bring all of these embryos years to develop our appropriations cause of the tremendous number of ail- to life, no one would suggest remotely bills, especially this one this year. ments which were addressed by the Na- they be used for research for stem cell I yield the floor. tional Institutes of Health. extraction. But it is only because they The ACTING PRESIDENT pro tem- That year, we asked the Budget Com- are going to be discarded that it is con- pore. The Senator from Pennsylvania. mittee for an extra $1 billion; we were cluded it is better to use them than to Mr. SPECTER. Mr. President, to reit- turned down. So we came to the floor simply lose them and throw them erate, I thank my distinguished col- and offered an amendment on the budg- away. league from Iowa for those very gen- et for an extra $1 billion; we lost 63–37. In an effort to have the maximum erous comments. It is not uncommon We got out the sharp pencils and found utilization possible of these embryos if to hear hyperbole when one Senator the extra $1 billion in priorities. The life can be produced, we have started talks about another, but the relation- next year, having lost our effort for an on this embryo adoption awareness ship which Senator HARKIN and I have extra $1 billion from the budgeting campaign and have allocated $1 mil- developed for more than a decade rep- process, we asked for $2 billion; we lion—not an enormous sum of money, resents bipartisanship at its best. were turned down again. We lost again but enough for a start. If it moves I understand when Senator HARKIN on the floor, 52–48. But we have pursued ahead, we will be revisiting this matter says he likes it a little bit better when this matter with tenacity and dili- with increased appropriations in subse- he is the chairman. Some people would gence, so that last year when we asked quent years. not be surprised to hear he likes it a for $2.5 billion—this year we are asking Our funding has been very extensive lot better when he is the chairman. for $3.4 billion—we had a vote of 96–4. on other critical programs of the De- Senator HARKIN chaired the sub- We have had that kind of support. That partment of Health and Human Serv- committee prior to 1995 when I became reflects the Nation’s mood. ices. The Centers for Disease Control, chairman and was chairman for some From fiscal years 1998, 1999, 2000, and which is now very much in the head- 1 6 ⁄2 years. The transition has been 2001—and if we mark in the $3.4 billion lines, was the subject of an additional seamless. TOM HARKIN and ARLEN SPEC- this year—we will have increased NIH $170 million last year for improvement TER learned a long time ago that if one funding by $11 billion on an existing of the plan. About 18 months ago, I wants to get something done in Wash- budget in fiscal year 1997 of $12.7 bil- made a visit to the Centers for Disease ington, they have to be willing to cross lion. We believe that has been good for Control in Atlanta because I could not party lines. America. We have been able to watch believe the stories I was hearing about Our work on this subcommittee in- NIH and, with other oversight, move renowned scientists working in cor- volves three of the most important within 5 years, perhaps, of conquering ridors with their desks under extraor- subjects on which the Congress has to Parkinson’s disease, delaying Alz- dinarily difficult circumstances. I went appropriate, and that is on education, heimer’s disease, and made enormous to Atlanta. I found that the conditions where it is a priority second to none; achievements in cancer research and were even worse than had been de- and health, which has a standing with therapy and in heart disease. scribed. education; and labor and work safety I ask unanimous consent that at the Senator HARKIN and I crafted $170 are matters of enormous importance end of my comments the long list of million for our budget for capital im- where the public interest is very well diseases tackled by the National Insti- provements which will exceed some $1 served by this kind of bipartisanship tutes of Health, with remarkable suc- billion over the course of years. This and this kind of cooperation. cess, be printed in the RECORD. year, we have added some $250 million We have structured a bill with the as- The ACTING PRESIDENT pro tem- to that program. We have had a sub- sistance of a superb staff. Both Senator pore. Without objection, it is so or- stantial increase in Head Start, of HARKIN and I refer to our deputies, dered. some $400 million, and we are now at Ellen and Betty Lou, as deputy Sen- (See Exhibit No. 1.) $6.6 billion. The Ryan White AIDS pro- ators because they take over. We have Mr. SPECTER. Among the hearings gram has an increase of $75 million to the final say, but they are tremendous. our subcommittee has held since De- $1.888 billion. Children’s Graduate Med- Mr. HARKIN. We do? cember of 1998, there were nine on stem ical Education, a very important item, Mr. SPECTER. Senator HARKIN just cells, which burst upon the scene in said, ‘‘We do?’’ And I would add: Yes, November of 1998. The President has has had an increase up to $243 million. sir, we do. taken a significant step forward in au- On education on title I, disadvan- Mr. HARKIN. We think we do. thorizing Federal funding for all of the taged youngsters, we have had the re- Mr. SPECTER. It is an enormous stem cell lines which were in existence markable increase of $2.4 billion, or a staff contribution. Senator HARKIN and as of August 9 at 9 p.m. Subsequent total of some $11.8 billion. On the im- I have received more than a thousand hearings by our subcommittee have portant item of teacher quality State requests from Senators for inclusion in disclosed the likelihood is high that grants, an increase of $930 million to this bill, and we have done our best to will not be sufficient to have the kind $1.9 billion, we have had a virtual dou- accommodate all those requests. We of medical research which is necessary. bling of that important account. On have accommodated a surprisingly The determination of that will await special education, an item I hear about high number as we have worked another day, candidly, as our country so often in my town meetings as I visit through the priorities on this bill. has been so heavily involved on the war the 67 counties in Pennsylvania, we This bill provides for $123 billion in against terrorism. have had an increase of $1 billion, mov- budget authority, and that is an in- In response to very legitimate con- ing toward the goal of having the Fed- crease of $11.4 billion over last year, cerns which have been addressed by eral Government fund 40 percent of spe- and we are within our 302(b) allocation. many about the possibility of having cial education. We are within the budget. This rep- life from those embryos which are dis- Pell grantees have been raised con- resents a determination by the Senate carded on in vitro fertilization, we sistently. Now they are at $4,000, an in- of the very high priority on these have included in this bill $1 million as crease of $250 over last year. Gradually issues. a starting project to have an embryo we are moving them up and up and up. In providing funding for education, adoption awareness campaign. With respect to labor, the dislocated health and labor, with emphasis on In in vitro fertilization, perhaps a worker account, which is so important worker safety, we have added funds to couple will create a dozen of these em- today with the economy having the dif- the National Institutes of Health which bryos. Then there will be selected three ficulties which are so well known, we we believe to be the crown jewel of the or four of the strongest embryos for have an increase of $136 million, for a Federal Government. We started on implantation, for in vitro fertilization. total of $1.5 billion. this very substantial increase for fiscal The bulk of the remaining embryos Occupational Safety and Health Ad- year 1998. Up until that time there had will be discarded. An issue has been ministration, OSHA, has an increase of

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11159 almost $25 million; mine safety, an in- is not, we are going to offer the unani- I look forward to supporting my crease of almost $10 million; the Na- mous consent and someone will have to friend, the Senator from North Dakota, tional Labor Relations Board, an in- come and personally object to it. We on this most important legislation crease of $10 million to try to get them need to move this bill along. dealing with airport security. to cope with their very heavy backlog. The Republican senior member of the The PRESIDING OFFICER. The Sen- That is a summary of some of the committee is on the floor and he has ator from Alaska is recognized. items in this bill. We think we have worked very hard. We now have two Mr. STEVENS. Mr. President, while crafted the priorities in accordance bills that have been sent to the Presi- the Senator from North Dakota, who with America’s needs. These are three dent. We have two or three conference made the comment concerning the ad- Departments of enormous importance. reports we are going to complete this vanced lists, is present, I want to make We have a substantial allocation for week, so we are making progress. One a comment on another subject. But I bioterrorism which we have addressed of the things we can do to show some say Alaska has suffered recently be- each year. significant progress is complete this cause of the loss of cargo lines that That will be in our regular budget— bill tonight or prior to lunch tomorrow came through Anchorage and went on $338 million. That is going to have an and then move on to another appro- to other parts of the United States or increase yet to be determined. priations bill. Mexico or Canada. They landed pri- We had a special hearing several I hope we can have that agreement marily for fuel. The Customs regula- weeks ago where the indications were a on a finite list of amendments entered tions were changed and because of minimum of $1.5 billion, which was the shortly after we come back from lunch. those changes, one of which was the re- request at that time. That is going to Mr. DORGAN. Mr. President, will the quest for the advanced lists, a series of be substantially increased to enable us Senator yield for a question? those cargo lines have now decided to to cope with the very serious threat Mr. REID. I will be happy to yield to land in Canada and not land in the which confronts America today. my colleague from North Dakota. United States. So their first landing is That is a very brief summary. I urge Mr. DORGAN. So I understand what in Canada. my colleagues to come to the Senate the Senator from Nevada is saying, I I do not think the Senator is going to floor. Now is a good time to offer am going to offer an amendment to propose we get an advanced list of pas- amendments. There is no competition; this bill and every bill that comes to sengers on Canadian airlines. I am not Senators may offer amendments right the floor. It is something that was sure it is possible under NAFTA. So I at the head of the line. dropped out of the bill last week on urge him to consider some way to deal EXHIBIT NO. 1 counterterrorism. It deals with what is with this problem of requiring lists DISEASES called advanced passenger information that might lead to these planes deviat- Alzheimers. systems. We have airlines landing this ing and going into Canada and actually Parkinsons. morning from Pakistan, from Jordan, we would have less information than ALS Egypt, Saudi Arabia, Kuwait, airliners we have today. I do not want to debate Muscular dystrophy. coming from those countries for which it now, but I will talk to him about it Diabetes. there is no passenger information for- and tell him what happened in Alaska. Osteoporosis. warded to the Customs Department. I hope he understands. Cancers: breast, cervical and ovarian; Eighty-five percent of the airlines do lymphoma; multiple myeloma; prostate; Mr. DORGAN. Will the Senator yield pancreatic; colon; head and neck; brain; voluntarily provide that information. for a question? I understand he wants lung. Fifteen percent of the airlines do not. I to talk about other things. My interest Pediatric renal disorders. have described the countries from is in making sure we have the pas- Multiple sclerosis. which the airlines come that do not senger lists of people coming into this Deafness and other communication dis- provide that information. Everyone country. As I indicated, in 85 percent of orders. agreed we ought to do this. I offered the cases we do, but we do not now Glaucoma. the amendment and it was knocked out Macular degeneration. from Pakistan, Saudi Arabia, Kuwait, Sickle cell anemia. in conference on the counterterrorism and so on. It seems to me that security Heart disease. bill because we had some people wor- is paramount at this point, and I cer- Spinal cord injury. ried about their jurisdiction. They tainly will visit with the Senator from Sudden infant death syndrome. would not allow it in conference. Alaska about the issue he raises. I am Arthritis. Today we have literally thousands of talking especially about passenger lists Schizophrenia and other mental disorders. people coming on airplanes from that at this point. I will talk more about it Polycystic kidney disease. region and the names of those people Hepatitis. this afternoon. Cooley’s anemia. are not provided to the Federal law en- Mr. STEVENS. I support the Sen- Primary immune deficiency disorders. forcement authorities as they are from ator’s request. I supported his amend- Autism. 85 percent of the other carriers. In this ment before, and I will support it Stroke. case, those names are not provided again, but I do think we have to take a Obesity. now. It seems to me that compromises look to see what the consequences of The PRESIDING OFFICER. This as- this country’s security. some of these requirements are and be sistant majority leader. I aim to fix that as quickly as we prepared to meet the changes that Mr. REID. Mr. President, prior to can. I intend to offer that as an amend- come in terms of the airline travel. Senator STEVENS, a minority member ment to every bill, and I will offer it Mr. President, I want to talk about on the Appropriations Committee, this afternoon to this legislation as the Labor-Health and Human Services speaking on this bill, I want to an- well. I want to make sure I am not pre- appropriations bill. I know it will be up nounce to everyone that as soon as we vented from doing so. after lunch. I welcome the statement of come back from the party caucuses, Mr. REID. I say to my friend from the distinguished majority whip that after the recess at 2:15, there will be a North Dakota, he certainly is not pre- we will seek a listing of these amend- unanimous consent agreement setting vented from doing so. I hope he offers ments today. I also am delighted I was a time for filing—not for filing but for that amendment as soon as possible. able to be with Senator SPECTER who calling the cloakroom. We are going to The sooner we get to it, the quicker we spoke about a matter that he and I come up with a list of finite amend- are going to move through the bill, but have discussed at other times, and that ments at a certain time today. Senators will have an opportunity to is the creation of some type of cat- We would like to offer that unani- offer any amendments they want. We egory that will allow us to distinguish mous consent right now, but we have are not trying to cut off any amend- between normal visa applicants, or been given information that the minor- ments. We are simply saying we want holders who are privileged to be in this ity wants to complete their caucus to cut off time so we know what country, and those who should properly lunch before they make a decision. I amendments we are going to have to be on a list of known terrorists. only state we hope that can be worked work through before we complete this I, for one, do agree with him. We out. I am confident it will be, but if it legislation. should find some way to treat those

VerDate Mar 15 2010 04:06 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 S11160 CONGRESSIONAL RECORD — SENATE October 30, 2001 people as we would agents of foreign It is my hope we will move forward Pakistan. Let me give carriers that do nations and treat them as prisoners of on this legislation quickly. I urge our not comply. They are not part of the war. We ought to start getting tougher, colleagues to come to the floor as soon voluntary system and do not provide as the Senator from Pennsylvania says. as possible to clear any amendments passenger lists or information about What worries me most, as one of the with the managers of the bill. We have passengers: Air Lingus, Aer Transat, few survivors of the World War II era, other bills to which we should move. I Bahamas Air, Champion, Saudi, Ku- is I do not think we understand how know the chairman of the committee, wait, Royal Jordanian, Air Pakistan tough we have to get to deal with some Senator BYRD, will be speaking on this International, Canada 3000. of these issues that are coming before matter. I join him in requesting we I chaired hearings in the appropria- our country. I hear people saying once consider how we can move the remain- tions subcommittee dealing with again there is a global threat warning ing legislation that comes from our Ap- Treasury and general government. We out and we are sort of crying wolf. propriations Committee and still finish had the Commissioner of the Customs Well, it is not crying wolf. I really our business in time to get home for Service testify. He talked about this. believe the Attorney General and the Thanksgiving. He talked about this being an impor- head of our new homeland defense I yield the floor and suggest the ab- tant piece of information we get in our agency are right to warn the people of sence of a quorum. attempt to try to prevent terrorists, or the United States, and I think it is The PRESIDING OFFICER. The known or suspected terrorists, from high time we decide how tough we are clerk will call the roll. coming into our country. He said it is going to be in facing the challenges The assistant bill clerk proceeded to voluntary. There is 15 percent of the that have now beset us because of our call the roll. information we don’t get; 15 percent of global war against terrorism. Mr. DORGAN. Mr. President, I ask the 57 million passengers, with their As I said, I came to talk about the unanimous consent that the order for names, are not given to our Customs Labor-Health and Human Services bill. the quorum call be rescinded. Service to be checked. I asked, should It is the largest bill that comes before The PRESIDING OFFICER. Without it be checked? And he said of course it the Appropriations Committee. It is objection, it is so ordered. should, but he said at present it is not the largest because its breadth of cov- Mr. DORGAN. Mr. President, I will mandatory. I said, it is not mandatory? erage, as well as its size, means it does speak at more length on the subject I And he said, of course, it should be more to help everyday Americans than talked about a few moments ago, the mandatory. any other bill we consider in this Con- issue of the advance passenger informa- I indicated we would try to get that gress. It addresses American’s health tion system, which sounds like an in- done after the September 11 attacks needs from community clinics to bio- nocuous system but it is a very impor- when there were 19 people riding the terrorism to immunizations. It pro- tant system by which we help provide airplanes who came into this country vides services for Americans who need for this country’s security. Let me de- to commit murder. While they com- a helping hand from electric bills to scribe exactly what has happened. mitted an act of self-destruction, they job training. It helps narrow the edu- We have 57 million people enter this murdered thousands of American citi- cation gap, providing Pell grants to country every year by airplane. Com- zens. Especially following that, we lower income university students, to mercial airplanes from all around the ought to be concerned about border se- assistance to Alaska native colleges. I world come into this country. We have curity. This is one part of border secu- am pleased the committee has agreed some 57 million people on those air- rity. to fund the Denali Commission. It was We had a piece of legislation called planes entering the United States. a commission I urged Congress to cre- the counterterrorism bill which the There are 94 different air carriers fly- ate to adopt a novel approach to pro- President signed into law last week. viding assistance to remote areas in ing those people into our country. That bill had an amendment I offered my State. The overhead of this com- There were 400,000 international flights on the floor of the Senate that would mission in handling Federal funds is with passengers processed into our have required the airlines coming into held to 5 percent or less. It is probably country in the last year. this country to provide the advance The question, especially since Sep- the lowest rate in the entire Federal passenger information lists. My amend- tember 11, and since the terrorist Government. ment passed. The Senate said yes. It threats against this country resulted We have found by handling money was in the Senate bill. It came back in these devastating attacks of mass through a commission that has on it from conference, and, mysteriously, it murder, the question is, Who are these members of the State government, of was gone. That somehow got destroyed. the Federal Government, of business people who are entering our country? That amendment was destroyed in and labor, of the environmental com- What is their background? Do their conference. Why? Apparently, because munity, as well as the native commu- names show up somewhere on a list of there were some Members who decided nity, we can make decisions on how to people who are affiliated with or asso- in conference they have jurisdiction spend and where to spend Federal ciated with a terrorist cell? Are they over this, it didn’t go through this money without the enormous overhead known or suspected terrorists? Who are hoop or that hoop or didn’t have this of the rest of the Federal executive they? hearing or that hearing. Therefore, branch. It has already helped build In order to answer that question, we they asserted jurisdiction on this and health clinics in remote villages where have what is called the advance pas- said they would not allow it to be in there are no doctors or nurses. We have senger information system, which has conference. pioneered in telemedicine and tele-edu- 85 percent of the passengers covered by What is the result of that, in my cation in my State. I am most pleased APIS because the carriers that are judgment, small-minded decision by that the Appropriations Committee has bringing them into this country volun- some in Congress? What is the result? agreed to continue to support this ap- tarily provide information to the Cus- The result is that today, on Tuesday, proach. toms Service in America, saying here there are airplanes landing all across Sadly, my State leads the Nation in is our passenger list. That list then is this country coming in from Pakistan, domestic violence, child abuse, and al- cross-checked against the list of the from Egypt, from Saudi Arabia, from coholism. I am deeply grateful to the Customs Service, the FBI, and others, Kuwait, from Jordan, and there is no chairman and the ranking member of to try to determine whether there are advance passenger list given the Cus- the Subcommittee on Labor, Health people who are trying to enter our toms Service against which they can and Human Services, and Education for country who should not enter. Pretty check the lists and determine whether including an initiative to develop a simple. there are passengers we don’t want statewide plan to combat domestic vio- But the 15 percent of the passengers coming into this country. lence and child abuse in Alaska. Like- who are not part of this system, whose The result of knocking that out of wise, I am very pleased funds have been names don’t come in to be checked, in- the conference so it was not in the provided to implement the physical cludes passengers on airplanes coming counterterrorism bill last week, in my education for progress legislation Con- from, among other countries, Saudi judgment, injures this country’s abil- gress adopted last year at my request. Arabia, Kuwait, Jordan, Egypt, and ity to provide for secure borders. It is

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11161 small thinking in the extreme, in my people out. It means you have suffi- policy bill before this Senate before we judgment. cient capability to understand who is adjourn this year. Today and tomorrow these airplanes coming in and to keep the wrong peo- Clearly, the President has been out- will haul passengers into this country ple out. That is what it means. spoken in the last month—and I agree and we will not have information about My hope is that we will be able to with what he is doing—about strength- who those passengers are. We will have add this amendment to this appropria- ening our resolve and protecting our information on most of the passengers tions bill. I understand this isn’t an ap- freedoms as the country cries out for a coming in from South America, from propriations amendment. I understand national energy policy that is a policy Europe, from most of the countries that completely. My hope is that my of national security. with which we have trading relation- colleagues who have already approved ships and good relationships; they have this—the Senate has already approved Today the administration announced signed a voluntary agreement with us. this legislation—will understand that that we are going to start buying oil to But the fact is, some of the key coun- our job is to keep sending this matter put into our national Strategic Petro- tries, some of the key carriers from to conference on every vehicle possible leum Reserve to beef up the total vol- that region that we need to be very so that the next airplane that lands ume in that reserve in case of a na- concerned about at this point, are not from abroad is an airplane with a list tional crisis. But even when that is involved if we receive no passenger list. of passengers that we have, and that done, if the oil of the Middle East were Someone said, when you read the list has been checked against the Cus- cut off, that reserve would last only for names—Pakistan, Egypt, Jordan, toms list, against the FBI list, and a few weeks before we would be in a Saudi Arabia, Kuwait, and more— against all of the lists of some 20 dif- significant energy crisis. aren’t you profiling passengers? I said ferent agencies that have lists that tell Our President as well as the Sec- it is not about profiling passengers but us about people who should not be al- retary of the Interior, the Secretary of about getting a list of all passengers lowed to enter this country because of Energy, the Vice President, labor coming into this country and trying to their known or suspected ties to ter- unions, chambers of commerce, Na- profile who might be known or sus- rorist organizations. tional Association of Manufacturers, pected terrorists and keeping them I will come back after lunch with an and small business groups speaks out. out. If they happen to come from one amendment I will formally offer. My America is being told today that na- region of the country, I regret that. hope is that the chairman and the tional energy is a national security But we are not profiling passengers; we ranking member will see fit to agree to issue. are profiling terrorists to see if we can it. keep out of this country those whom I yield the floor. Strangely enough, the chairman of we don’t want to let in because they The PRESIDING OFFICER. The Sen- the Energy Committee even spoke this have suspect ties to terrorist organiza- ator from Idaho. last weekend saying he wanted a na- tions. Mr. CRAIG. Mr. President, I ask tional energy policy addressed before Coming into this country with a visa unanimous consent to speak for no the end of the year. Yet nothing is is coming into this country as a guest longer than 5 minutes as if in morning done. The Energy Committee has been of the United States. We have every business. shut down by orders of the majority right to keep out of this country those The PRESIDING OFFICER. Without leader. Republicans are producing an who have ties to or those who are asso- objection, it is so ordered. energy bill. We have been to the floor ciated with known terrorist organiza- Mr. CRAIG. Mr. President, I sat here time and time again asking for a time tions. But today, Tuesday, we cannot for the last few minutes and listened to certain on which to debate this critical do that because of behavior that rep- my colleague from North Dakota talk issue. The House acted in August. Our resents monumental littleness, as one about border security. Certainly what world would come tumbling down of our great former Presidents said in a he has said I agree with in principle. I around us at this moment, economi- conference last week, knocking out the haven’t seen his amendment. I will now cally speaking, if the oil of the Middle search it out and read it. East were shut off from this country. amendment to which the Senate had I have always believed if you have a Our economy would stifle. It is an issue already agreed, knocking out the guest in your home and find out that of national security. amendment that came to that con- guest is going to burn down your home, ference from the Senate. you are going to get that guest out of I ask unanimous consent that these As a result, I intend to offer this letters be printed in the RECORD. amendment just after lunch today on your house just as quickly as you can this piece of legislation, and I will offer before he or she touches the match. There being no objection, the letters this amendment on every piece of leg- Foreign nationals in this country are were ordered to be printed in the islation until it becomes law, until it is guests of our country. They are guests RECORD, as follows: in a vehicle signed into law by the in our home. There is nothing wrong AMVETS, President of the United States. So at with asking them to play by a few Lanham, MD, October 26, 2001. 12:30 on Tuesday next week or a week rules and for us to know who is on the Hon. TOM DASCHLE, after when a plane lands in this coun- guest list. Majority Leader, U.S. Senate, If that is what the Senator from The Capitol, Washington, DC. try, carrying passengers from abroad, North Dakota is talking about, I will DEAR SENATOR DASCHLE: On behalf of we will know that in every cir- support him in that effort. cumstance information on the pas- AMVETS, I am writing to encourage you to f bring H.R. 4, the Securing America’s Future senger list from that plane is provided NATIONAL ENERGY POLICY Energy Act of 2001, before the full Senate for to the U.S. Customs Service before de- consideration at the earliest possible mo- parture. Mr. CRAIG. Mr. President, I come to ment prior to the close of the 1st Session of Some might say, well, isn’t this an the floor this morning to ask unani- the 107th Congress. unusual, intrusive and difficult thing mous consent to have printed in the As you know, our current reliance on for- to ask of others? The answer is no. RECORD letters from J. Eldon Yates, eign oil leaves the United States vulnerable Anyone who watched those commercial chairman and founder of the Vietnam to the whim of individual oil-exporting coun- airplanes fly into the World Trade Cen- Veterans Institute; the American Le- tries, many existing in the unpredictable and ter in New York knows that a lot has gion national commander, Richard highly dangerous Persian Gulf. And it can- changed since September 11. Santos; the Veterans of Foreign Wars not be overstated that energy supplies touch This country’s security is critically executive director, Robert Wallace; and nearly every aspect of our lives from our economy to our national security. important. Border security, it seems to Joseph Lipowski, the national com- me, is where you start. The President mander of AMVETS. Passage of H.R. 4 would greatly assist in said yesterday, as reported in the pa- They joined me, several of my col- our ability to secure a more dependable and pers today dealing with visas, that we leagues, and the Secretary of Veterans diversified domestic supply of energy. And, I would note that since the Persian Gulf War should be tightening up on visas. I Affairs, Anthony Principi, just a few our security has become more threatened fully agree with that. You have to moments ago outside our Capitol to with our dependence on foreign sources of oil maintain control of your borders. That call on this Senate and our leader, Tom growing from 35 percent of domestic supply doesn’t mean you build a wall and keep Daschle, to bring a national energy to nearly 60 percent.

VerDate Mar 15 2010 04:06 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 S11162 CONGRESSIONAL RECORD — SENATE October 30, 2001 AMVETS firmly believes that we cannot to achieving these imperative goals. We think it is necessary for us to deal with wait for the next crisis before we act. H.R. 4, strongly urge your support. it from time to time. as approved by the House, is a critical part Sincerely, We submitted a letter from our cau- of an overall policy America requires to pro- RICHARD J. SANTOS, cus. I think there were 43 Members of mote dependable, affordable, and environ- National Commander. the Senate listed on the letter asking mentally sound production and distribution for some consideration. I think this of energy for the future. We urge your expe- STATEMENT OF OUR NATION’S VETERANS committee has reacted quite well. dited approval of this legislation. GROUPS, ‘‘OUR DOMESTIC ENERGY SECURITY IS OUR NATIONAL SECURITY’’, OCTOBER 30, There are a number of things of Dedicated to service. which most people are not aware and JOSEPH W. LIPOWSKI, 2001 National Commander. We, the undersigned, representing our na- which are not talked about very often. tion’s veterans, strongly believe that the de- Although 20 percent of the population of this country lives in what is called VETERANS OF FOREIGN WARS, velopment of America’s domestic energy re- OF THE UNITED STATES, sources is a vital national security priority. rural areas, only 9 percent of physi- Washington, DC, October 29, 2001. The horrific events of September 11, 2001, cians practice in those areas. You can Hon. TOM DASCHLE, constitute a threat to our people, our econ- see it is always somewhat difficult to Majority Leader, U.S. Senate, omy, and our nation’s security. With U.S. have the kind of medical services in Washington, DC. troops actively engaged in combat overseas, rural areas that are available in other we firmly believe that America can and will DEAR SENATOR DASCHLE: The 2.7 million places. win this prolonged war against terrorism, members of the Veterans of Foreign Wars of Rural areas contain 67 percent of the using all its resources to defend our nation the United States and its Ladies Auxiliary country’s primary health care profes- and the cause of freedom around the world. supports H.R. 4, the ‘‘Securing America’s Fu- Because of these beliefs, we applaud the sional shortage areas. I guess that is ture Energy Act of 2001’’ or SAFE Act of House of Representatives for its bipartisan not a surprise, but indeed that is the 2001. We applaud the House of Representa- work in addressing our energy vulnerability case. It is in need of focus to ensure we tives for its bipartisan work in addressing by passing H.R. 4, the ‘‘Securing America’s have primary care in all of these rural our energy vulnerability by passing H.R. 4. Future Energy Act of 2001’’ or the ‘‘SAFE areas. We believe the Senate should consider and Act of 2001.’’ It is imperative that the Senate vote on H.R. 4 so that our nation has an en- There are 2,187 rural hospitals, a ma- pass the House version of H.R. 4 so that our ergy plan for the future and can move for- jority of which are primary care hos- nation can move forward in establishing our ward quickly with a comprehensive plan to pitals. Specialized care is very limited. energy security, as well as our defense of develop our domestic energy resources. Only 12 of 245 long-term care hospitals freedom at home and abroad. It is essential Keeping in mind the horrific events of Sep- are in rural areas, and 81 of 601 psy- for us to develop all domestic energy re- chiatric hospitals are in rural areas. tember 11 and mindful of the threats we are sources including the supplies within the facing, we strongly believe that the develop- Arctic National Wildlife Refuge. None of the country’s 73 children’s hos- ment of America’s domestic energy re- By passing H.R. 4, the comprehensive en- pitals is in rural areas. sources is a vital national security priority. ergy legislation, the Senate will be sup- As you can see, there is a need, and We need to take steps to reverse our growing porting our troops in the field, all Ameri- indeed there has been and continues to dependence on Middle East oil as quickly as cans, their families, and our nation. We, as be special emphasis on it. possible. By passing H.R. 4, the Senate will Veterans, stand united and respectfully re- For example, national health care be supporting our troops serving in combat quest that the Senate vote on and pass H.R. services: This is a program that pro- on Operation Enduring Freedom, the Amer- 4. vides primary health care providers in ican people, and our national security with a J. ELDON YATES, comprehensive energy legislation that is des- our Nation’s most underserved commu- Chairman and Founder, nities. Last year, only 12.5 percent of perately needed to diversify the energy sup- Vietnam Veterans Institute. ply for our country and chart a course for the communities eligible for provider the future. Mr. CRAIG. Mr. President, America’s placement received assistance. That The VFW strongly urges the Senate to con- veterans, those who have stood in has increased. Adequately? I do not sider and vote on H.R. 4 as passed in the harm’s way year after year and decade know. Would we like more? Of course. House in this session of Congress. after decade in defense and support of Nevertheless, it has been treated well. Sincerely, our freedom, now speak out and say: There is an increase for community ROBERT E. WALLACE, Senator DASCHLE, this is an issue of na- health centers. Community health cen- Executive Director. tional security. Where are you? Why ters provide services in rural areas for aren’t you allowing the Senate to de- people living in underserved areas. THE AMERICAN LEGION, bate this issue now and have on the They provide a service that is not al- Washington, DC, October 25, 2001. President’s desk a national energy pol- ways needed but is unique to rural Hon. TOM DASCHLE, icy before we recess this first session of areas. Majority Leader, U.S. Senate, the 107th Congress? Rural health research: A grant is pro- The Capitol, Washington, DC. I yield the floor. vided for rural health research as to DEAR SENATOR DASCHLE: We write today The PRESIDING OFFICER. The Sen- how to provide more services. out of a sense of urgency concerning our na- ator from Wyoming is recognized. We understand the rural areas are tional security, as it relates to our need for not going to have all of those kinds of energy independence. The development of f services in every community. In our America’s domestic energy resources is vital to our national security. We respectfully DEPARTMENTS OF LABOR, State, we look for a medical care net- urge you to adopt the provisions contained HEALTH AND HUMAN SERVICES, work that can be moved around to the in H.R. 4, the ‘‘Securing America’s Future AND EDUCATION, AND RELATED places where it is needed. Energy Act of 2001.’’ AGENCIES APPROPRIATIONS The Rural Access to Emergency De- War and international terrorism have ACT, 2002—Continued vices Act is in the bill with some new funding; also, State offices of rural again brought into sharp focus the heavy re- Mr. THOMAS. Mr. President, I want liance of the United States on imported oil. health which help provide a network During times of crises, such reliance threat- to talk a minute about part of the and a system to provide those services ens our national security and economic well Labor, HHS, and Education appropria- in small communities. being. The import of more than 50 percent of tions bill as it pertains to an area of We had some requests for funding in our petroleum from the Persian Gulf further particular concern to me and my State; the Rural Interdisciplinary Training compounds our foreign trade balance at a that is, rural health care. Program. This program addresses the time when our energy demands continued I am cochairman of the Rural Health shortage of health care professionals in unabated. It is important that we develop Care Caucus, along with the Senator rural areas. In the bill we also have the domestic sources of oil, contained within our from Iowa. I think this issue has been public lands—such as the supplies within the Rural Hospital Improvement Program. Arctic National Wildlife Refuge. treated very well in this bill. I would So, of course, there are other areas in like to comment just a bit about it. Working for a comprehensive energy policy which we would like to have more em- and achieving responsible energy independ- We have, of course, a special focus on phasis, but I wanted to rise to suggest ence are critical national security and eco- rural health care because it is unique. that this area of this bill is a very im- nomic goals. H.R. 4, as passed by the House And because it is a special kind of issue portant one and one that means a great of Representatives, is a major step forward that does not apply everywhere, I deal.

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11163 When we think of Wyoming, of S. 1536, DEPARTMENT OF LABOR, HEALTH AND HUMAN This means that approximately course, we think of a rural State. I SERVICES, AND EDUCATION, AND RELATED AGENCIES 8,400,000 people are alive today as a re- think there are twice as many people APPROPRIATIONS ACT, 2002, SPENDING COMPARI- sult of progress in cancer research. in Fairfax County as there are in Wyo- SONS—CONFERENCE REPORT—Continued Our investment in the NIH has been ming. But every State has rural areas. [In millions of dollars] returned many times over. Every dol- New York is one of the most rural lar spent at the NIH returns over $7 in General lower medical costs and increased eco- States in terms of how many people are purpose Mandatory Total concentrated in a particular area. So nomic productivity. Advances in the Outlays ...... 106,753 272,968 379,721 treatment of cardiovascular disease be- when we talk about rural States, it is President’s request: not just a western phenomenon. Rural Budget Authority ...... 116,328 272,937 389,265 tween 1970 and 1990 have had a positive needs exist in all our States. Outlays ...... 105,957 272,968 378,925 economic value of $1.5 trillion annu- So I hope we can go forward with this SENATE-REPORTED BILL ally. Still the costs of disease tallies as COMPARED TO: high as $180 billion a year for cancer part of the bill. I thank those who put Senate 302(b) allocation: 1 the bill together for their emphasis and Budget Authority...... 0 0 0 and $38 billion a year for vision ail- Outlays ...... 0 0 0 ments. The investment made by this interest in providing for rural health House-reported bill: care. Budget Authority...... 0 0 0 bill will cut into the amounts our gov- Outlays ...... 963 0 963 ernment and our citizens spend fight- Mr. CONRAD. Mr. President, I rise to President’s request: offer for the RECORD the Budget Com- Budget Authority ...... 6,743 0 6,743 ing and treating these diseases. mittee’s official scoring for S. 1536, the Outlays ...... 1,759 0 1,759 In addition, it is important that we Departments of Labor, Health and 1 For enforcement purposes, the budget committee compares the con- open the competition for biomedical Human Services, and Education, and ference report to the Senate 302(b) allocation. research to institutions from all parts Notes.—Details may not add to totals due to rounding. Totals adjusted of the country. This bill includes $200 Related Agencies Appropriations Act for consistency with scorekeeping conventions, including removal of $300 for Fiscal Year 2002. million in BA and $75 million in outlays in emergency funding for the low- million for the National Center for Re- income home energy assistance program. The Senate Budget Committee in- search Resources’ Institutional Devel- The Senate bill provides $123.071 bil- creases the committee’s 302(a) allocation for emergencies when a bill is re- lion in nonemergency discretionary ported out of conference. opment Awards, a program that helps States like South Carolina overcome budget authority, which will result in Mr. HOLLINGS. Mr. President, I rise the geographic concentration of NIH new outlays in 2002 of $50.014 billion. in support of the fiscal year 2002 Labor, awards by developing the infrastruc- When outlays from prior-year budget Health and Human Services and Edu- ture needed to compete for biomedical authority are taken into account, dis- cation Appropriations bill brought for- research funding. cretionary outlays for the Senate bill ward today by Senator HARKIN and total $107.716 billion in 2002. The Senate I would also like to point out the im- Senator SPECTER, the distinguished portance of the cancer programs funded bill is at its section 302(b) allocation chairman and ranking member of the out of the Centers for Disease Control for both budget authority and outlays. subcommittee. In addition, the bill provides $300 mil- and Prevention. As a member of the Labor-HHS-Edu- Cancer Registries can be a powerful lion in emergency-designated funding cation Subcommittee, I am well aware tool in the war against cancer. We for the low-income home energy assist- of the competing priorities funded in know that early detection of cancer ance program (LIHEAP), which will re- this bill including health care for the saves lives and saves the health care sult in new outlays of $75 million in disadvantaged, medical research, edu- system millions of dollars. With budg- 2002. In accordance with standard budg- cation, Head Start, child care, and job ets getting tighter in States across the et practice the budget committee will training. The subcommittee faces a dif- country, cancer registries give public adjust the appropriations committee’s ficult task every year accommodating health agencies clear guidance of allocation for emergency spending at these important priorities, but behind where to target scarce resources for the end of conference. the leadership of the chairman and prevention activities. I am told that The Senate bill also provides $18.474 ranking member, I believe we have pro- the registry in South Carolina is like billion in advance appropriations for duced a bill that balances these prior- many of the other registries. It has the 2003 for employment and training, ities. ability to collect sophisticated and ac- health resources, child care, and edu- The bill provides $1.343 billion for curate data, but lacks the resources to cation programs. Those advances are community health centers. The weak- fully analyze and act upon the data it specifically allowed for under the budg- ening economy and skyrocketing cost collects. The true potential of cancer et resolution adopted for 2002, and, of insurance raise the likelihood that registries cannot be realized until a combined with all other advance appro- thousands of Americans will lost their larger investment in the program is priations considered by the Senate to health benefits. These facts, combined made. date, fall within the limit imposed by with the persistent lack of access to The South Carolina breast and cer- the resolution. Finally, the bill extends care in many rural and urban commu- vical cancer detection program, known the Mark-to-Market Program for mul- nities, make it imperative that we as the Best Chances Network, just cele- tifamily assisted housing, which is es- strengthen the ability of community brated its 10th anniversary. Over that timated to save $355 million in 2002. health centers to serve our Nation’s time, the program provided more than I ask for unanimous consent that a underserved and uninsured patients. 110,000 cancer screenings to low-income table displaying the budget committee Last year, Senator BOND and I women and have detected 1,400 cancers, scoring of this bill be printed in the launched the REACH initiative to dou- saving countless lives. By all accounts RECORD. ble funding for community health cen- the only problem with the program is There being no objection, the table ters by 2005. The $175 million increase that it cannot serve all eligible women. was ordered to be printed in the provided in the bill with support from The subcommittee also did an admi- RECORD, as follows: 67 Senators keeps the Senate on track rable job funding education programs. to meet our goal. The bill contains a $1.5 billion increase S. 1536, DEPARTMENT OF LABOR, HEALTH AND HUMAN From cancer to vision to biomedical for title I. This substantial increase is SERVICES, AND EDUCATION, AND RELATED AGENCIES imaging, the work of the Sub- important because the reauthorization APPROPRIATIONS ACT, 2002, SPENDING COMPARI- committee to invest in the National In- of the Elementary and Secondary Edu- SONS—CONFERENCE REPORT stitutes of Health, (NIH), has led to im- cation Act will put new mandates and [In millions of dollars] provements in the quality of life for higher expectations on our nation’s General countless Americans. I strongly sup- schools. In turn, our schools should ex- purpose Mandatory Total port the unprecedented investment in pect us to meet our mandates and pro- Senate-reported bill: the NIH made in this bill. This basic vide them with the resources we prom- Budget Authority ...... 123,071 272,937 396,008 and clinical research is critical to the ised. The $10.2 billion provided in the Outlays ...... 107,716 272,968 380,684 Senate 302(b) allocation: 1 advancement of medical science and bill will move us closer towards fully Budget Authority ...... 123,071 272,937 396,008 human health. Over the past 30 years, funding title I, a goal that 79 members Outlays ...... 107,716 272,968 380,684 House-reported bill: the 5-year cancer survival rate has of this body voted to affirm earlier this Budget Authority ...... 123,071 272,937 396,008 risen from 38 percent to 59 percent. year.

VerDate Mar 15 2010 04:06 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 S11164 CONGRESSIONAL RECORD — SENATE October 30, 2001 The bill contains $3 billion for State land defense, but if there is no money who has authority to tell these entities grants for improving teacher quality. attached to it, it becomes a shallow what to do and what he needs from It is critical to the future of our edu- promise to the American people. them. So I am willing to wait for a rea- cation system that we recruit our best Some of the things that Senator sonable period of time for Governor and brightest to the teaching field and BYRD and I have talked about have to Ridge to get back to us and tell us make efforts to retain the quality do with bio-terrorism. We believe there what he needs. But if this is going to teachers already present in our system. should be some prevention. Madam go onto a program where they are This funding gives States the flexi- President, if you are going to have going to try to do his job and not spend bility to improve teacher compensa- good, high-quality medical care, you any money, then I am going to move tion, hire new teachers to reduce class have to have preventive medical care. forward and give him the tools I be- size or provide additional training or The way to reduce costs and have a lieve he needs. mentoring to current teachers. healthier public is to put our resources I am willing to wait for him to tell This bill addresses the crumbling in- in the front end, not wait until every- me what tools he needs, but if I get frastructure in many of our schools by body is sick and in the hospital. Bio- nothing in the reasonable future, then providing $925 million for school con- terrorism is no different. We need to I am going to go ahead and do some- struction. Seventy-eight percent of have prevention and response. We need thing on my own. public schools in South Carolina re- to have food safety initiatives. We have In New York, we learned to do some- ported a need to upgrade or repair a so few food inspections now. I believe I thing that should have been done a school building to good overall condi- heard my friend from Iowa say, in a de- long time ago; that is, to develop na- tion. I am pleased that the bill will bate in this Senate Chamber last week, tionwide appreciation for the police of- help our schools address some of the that about 1 percent of the food in our ficers and firefighters. needs of their facilities and thank the country is inspected. We need to do In my past, I was a police officer for chairman of the subcommittee for the better. We need to make sure that a period of time here in Washington, leadership he has shown in this area. State and local governments, who have DC. I have always had great respect for Finally, the bill increases funding for responsibilities in this area, have some the police. But it was not until I went higher education programs. The capacity to do that. to the State legislature in Nevada that amounts provided in this bill will bring We believe there should be upgrades I developed the respect for firefighters the maximum Pell Grant total to to State and local health departments. that I have. $4,000. We also provide for a $75 million We believe we have to take a look at When I went there, they were trying increase for the TRIO programs. Since hospitals to make sure there is enough to pass legislation. 1965, an estimated two million students hospital capacity. One of the things they told us, that have graduated from college with the We want to accelerate the purchase there were more people who die and are special assistance and support of our of vaccines. In America, this huge injured fighting fires than police offi- Nation’s TRIO Programs. These pro- country of 270 million people, we be- cers who die or are hurt in the line of grams have been successful. Studies lieve we should have an adequate num- duty. Firefighters have all kinds of have found that students in the Upward ber of vaccines that are under the di- problems on a daily basis. This was ex- Bound program are four times more rection of the Centers for Disease Con- emplified by the tragedy at the World likely to earn an undergraduate degree trol. We need to make sure we have Trade Center when hundreds of fire- than those students from similar back- adequate supplies. If we do not use fighters died in that terrible attack. grounds who did not participate in them, fine; but we should have them We need $6 billion to make sure the TRIO, and students in the TRIO Stu- available. And to accelerate the pur- State and local antiterrorism invest- dent Support Services program are chase of these vaccines is going to cost ments are there for our police and fire more than twice as likely to remain in money. departments. We need to have fire- college than those students from simi- Antibiotics: We know we have an in- fighting grants to allow local govern- lar backgrounds who did not partici- adequate supply of antibiotics. We need ments to have the capacity to train pate in the program. I am pleased that to make sure there is a satisfactory these people better. So for State and this bill will allow more eligible stu- supply of these antibiotics for all the local antiterrorism investments for po- dents to benefit from the TRIO Pro- problems that may arise. And that is lice and fire departments and addi- grams. tional firefighting grants, that figure is Mr. President, I suggest the absence true for other pharmaceutical supplies. We need to make sure there is better $1.6 billion. of a quorum. We need to also recognize that the The PRESIDING OFFICER. The security for our labs. FBI needs more assistance. All Federal clerk will call the roll. These things I have just enumerated The senior assistant bill clerk pro- will cost about $3 billion. law enforcement needs help. That in- ceeded to call the roll. I came to Washington with Tom cludes computer modernization, espe- Mr. REID. Madam President, I ask Ridge. He and I were in the House of cially for the FBI. They need addi- unanimous consent the order for the Representatives together. I have main- tional agents. They are working long quorum call be rescinded. tained a friendship with him, including hours and getting worn down since The PRESIDING OFFICER (Mrs. the time he was Governor of Pennsyl- September 11. I am not going to state CLINTON). Without objection, it is so vania. in the Chamber the numbers of people ordered. A year ago, we traveled to Israel and in the Las Vegas Customs office. To do so would be embarrassing to me and to f the Middle East together, and we spent some time together. I have great re- our country. It is the same all over the RESTORING CONFIDENCE IN THE spect for him as a person and for his country. We are asking the U.S. Cus- ECONOMY AND HOMELAND DE- abilities. But I truthfully say that I am toms to do all kinds of things legisla- FENSE not sure he is going to be able to do tively that they don’t have the staff to Mr. REID. Madam President, last what is going to be required of him un- do. We need a huge additional amount week, late in the week, Senator BYRD less he has the resources to do it. of money to take care of Customs. and I held a press conference. The rea- I had a meeting in with him last We know that the terrorists who son we held this press conference was week. What he suggested was: Let me came and did the acts of September 11 to indicate that we believe we need to determine, first, what I need, and then didn’t come over the southern border do something to restore confidence in I will come back and tell you what I we hear so much about. They came the economy. We also believe that part need. through the northern border. We need of restoring confidence in the economy I am willing to do that. But I am not to make sure there is more funding for is making sure that homeland defense going to stand in the background and the Coast Guard, the Federal Aviation is something that is more than just deprive him of the resources to do his Administration, the Drug Enforcement words. job. Administration, and U.S. Attorneys. We are proposing things that cost We have 40 agencies that collect in- Our courts need more money, as does money. It is great to talk about home- telligence. I believe we need a person the U.S. Marshals Service. What I have

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11165 talked about here, starting with the ity already there for testing chemical The PRESIDING OFFICER. Without FBI, is going to cost us about $1.7 bil- spills. It has huge dormitories and res- objection, it is so ordered. lion. taurants. It is a place that is waiting f We know most of the time who comes for some activity. into this country, but once they come In addition to that, if we want to test RECESS here, they are lost in a maze of 270 mil- hardened silos that Saddam Hussein The PRESIDING OFFICER. Madam lion people. We need the Immigration and people in Afghanistan have dug President, I ask unanimous consent and Naturalization Service to improve and built, we can use a network of tun- that the Senate stand in recess until their tracking of people who are in this nels that have been built there for nu- 2:15 today. country and people who are on student clear testing over the years that are There being no objection, the Senate, visas. I believe we should do all we can miles long. So as part of restoring con- at 12:23 p.m., recessed until 2:16 p.m. to have exchange programs and have fidence in the economy, we should have and reassembled when called to order people study in our great universities. this national terrorism center. by the Presiding Officer (Ms. STABE- Out of the approximately 135 great uni- I only hope that we all understand NOW). versities in the world, 121 of them are that it is extremely important we not The PRESIDING OFFICER. The Sen- in the United States. It is great we walk out of here with a stimulus pack- ator from Nevada. have people who want to come from age that is driven solely by tax cuts. I Mr. REID. Madam President, I sug- other countries to study here. But we acknowledge that there are certain gest the absence of a quorum. need to make sure that once they come things we can do that are important on The PRESIDING OFFICER. The here, they are not lost in the maze of the tax side. There are other things we clerk will call the roll. people in the United States. need to do. We need to look at those The assistant legislative clerk pro- We need border enhancements, im- people who have been displaced in the ceeded to call the roll. proved tracking of people, including September 11 aftermath. Mr. WELLSTONE. Madam President, people on student visas. This is going Senator CARNAHAN offered an amend- I ask unanimous consent that the order to cost about $1.5 billion. We know that ment on the airline security bill. It was for the quorum call be rescinded. airport security is going to cost more a good amendment that failed on a The PRESIDING OFFICER. Without money, about $1 billion. Transit secu- party-line vote. That is too bad. We objection, it is so ordered. rity is also important, $1.1 billion. We need to make sure before we leave here Mr. WELLSTONE. Madam President, need to make sure there is adequate that the Carnahan amendment passes. I yield to my colleague from New Mex- Federal security protection in Federal We must do that. ico. We also must recognize that people facilities such as nuclear plants and Mr. DOMENICI. I suggest the absence who have been displaced not only have border facilities, national parks, and of a quorum. problems of unemployment, but they water projects. That will cost over $1 The PRESIDING OFFICER. The have no health insurance. We have to billion. clerk will call the roll. do something to extend COBRA or Enhancements for highways: I be- The assistant legislative clerk pro- somehow to take care of COBRA. lieve if we are going to have a real ceeded to call the roll. While we talk about these extended stimulus package in this country, we Mr. DOMENICI. Mr. President, I ask unemployment benefits, we have to un- are going to have to do something with unanimous consent that the order for derstand that unemployment com- job creation. It is not going to be done the quorum call be rescinded. pensation is a bridge to nowhere unless all on the tax side. We have to create The PRESIDING OFFICER. Without there is a job on the other end of it. We jobs. objection, it is so ordered. have to make sure we do something For every billion dollars, for exam- f about that. ple, we spend on highways, we create I spoke last evening to Senator NEL- DEPARTMENTS OF LABOR, 42,000 jobs. So much needs to be done SON of Florida. I have spoken to the HEALTH AND HUMAN SERVICES, with our highways. This would be an two Senators from New York and other AND EDUCATION, AND RELATED immediate pick-up, an immediate States who have an interest in tour- AGENCIES APPROPRIATIONS stimulus to our economy all over ism. That includes at least 30 States ACT, 2002—Continued America, whether it is New York or that have tourism as the No. 1, 2, or 3 Mr. REID. Madam President, I ask Nevada or any of the other 48 States. most important economic forces in unanimous consent that the list I will There are projects that have been de- their States. We have to boost tourism. send to the desk, once this consent has signed, and the only thing holding up There has been general agreement been granted, be the only first-degree the projects from going forward is that we should look at a program to amendments to H.R. 3061, the Labor- money. We would create hundreds of give a tax credit to people who travel— HHS appropriations bill, and that these thousands of jobs if we decided to spend short-term, of course. We need to take amendments be subject to relevant sec- $4 billion on these projects. a look and see if we need to restore the ond-degree amendments. We could easily spend $2.5 billion for deductibility for business meals to Mr. BROWNBACK. Madam President, enhancement of highways. We could al- stimulate the economy in that regard. I object. locate $2.1 billion for clean and safe Senator DORGAN and I introduced leg- The PRESIDING OFFICER. The ob- drinking water projects. Indian Health islation last week that would look at jection is heard. Service clinics and other initiatives the ancillary businesses inside the air- The Senator from New Mexico. need to be taken care of. line business, such as rental car compa- There needs to be a direct, strong AMENDMENT NO. 2020 nies and travel agencies. These people (Purpose: To provide for equal coverage of movement to restore confidence in our also need a shot in the arm. economy. One way we can do that is to mental health benefits with respect to If we walk out of here this year and health insurance coverage unless com- create jobs. The other way, and they go don’t take into consideration the fact parable limitations are imposed on medical together, is to restore confidence in that we need to restore confidence in and surgical benefits) our homeland defense. the economy by creating jobs and mak- Mr. DOMENICI. On behalf of myself, I have discussed with Senator Abra- ing sure people feel good about our Senator WELLSTONE, and Senator KEN- ham, Governor Ridge, the head of the homeland defense issues, we will have NEDY, I send an amendment to the FBI, and the head of the CIA the need made a big mistake. desk. to have a place for training people who I suggest the absence of a quorum. The PRESIDING OFFICER. The are part of our counter-terrorism task The PRESIDING OFFICER. The clerk will report the amendment. force. I am very provincial in this. I clerk will call the roll. The assistant legislative clerk read understand that. But the Nevada test The assistant legislative clerk pro- as follows: site, where we set off 1,000 nuclear de- ceeded to call the roll. The Senator from New Mexico (Mr. DOMEN- vices over the years, is a place as large Mr. REID. Madam President, I ask ICI), for himself, Mr. WELLSTONE, and Mr. as Rhode Island. It has mountains, val- unanimous consent that the order for KENNEDY, proposes an amendment numbered leys, deserts, dry lakes. It has a facil- the quorum call be rescinded. 2020.

VerDate Mar 15 2010 04:06 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 S11166 CONGRESSIONAL RECORD — SENATE October 30, 2001 Mr. DOMENICI. Madam President, I discriminates against illnesses of the tal illnesses and treat those afflicted so ask unanimous consent that reading of brain. More often than not, opponents they can be productive. the amendment be dispensed with. of mental health parity argue the costs I would ask then, why with facts like The PRESIDING OFFICER. Without are too great. However, I would submit these would we not cover these individ- objection, it is so ordered. the cost of parity is negligible, espe- uals and treat their illnesses like any (The text of the amendment is print- cially, when contrasted with the cost other disease? We should not. ed in today’s RECORD under ‘‘Amend- impact upon society. The devastating Working together, we took a historic ments Submitted.’’) consequences inflicted upon not only first step with the passage of the Men- The PRESIDING OFFICER. The Sen- those suffering from a mental illness, tal Health Parity Act of 1996, but that ator from New Mexico is recognized. but their families, their friends, and law is also not working as intended. Mr. DOMENICI. Mr. President, I rise their loved ones. While there may be adherence to the today to offer the Mental Health Equi- Furthermore, the following are sev- letter of the law, there are violations table Treatment Act of 2001 as amend- eral additional costs that result from of the spirit of the law. ment to the fiscal year 2002 Labor-HHS mental illness: 16 percent of all individ- For instance, ways are being found bill. I am joined by my friend and part- uals incarcerated in State and local around the law by placing limits on the ner in this endeavor, Senator jails suffer from a mental illness; sui- number of covered hospital days and WELLSTONE. cide is currently a national public outpatient visits. Consequently, Sen- We are well aware of many of the ar- health crisis, with approximately 30,000 ator WELLSTONE and I have again joint guments that will be made against our Americans committing suicide every forces and introduced the Mental amendment. For instance, while the year; of the 850,000 homeless individ- Health Equitable Treatment Act of nation is rightly focused on recovering uals in the United States, about one- 2001. from the trauma and damage inflicted third or 300,000 of those individuals suf- The bill seeks a very simple goal: on September 11, it would be wrong to fer form a serious mental illness; and provide the same mental health bene- overlook this important issue because finally what about the people that are fits already enjoyed by Federal em- it is simply the right course of action crying out for help and society only ployees. to undertake. We are well past the hears their cries after they have com- The bill is modeled after the mental time to act on extending and building mitted a violent act against them- health benefits provided through the on the federal mental health parity law selves or others. Federal Employees Health Benefits that expired on September 30. Just look, at the tragic incidents in Program and expands the Mental Others will argue that our amend- Houston with the mother killing her Health Parity Act of 1996 by prohib- ment costs too much. However, CBO five children, the Baptist church in iting a groups health plan from impos- has scored our bill as costing less than Dallas/Forth Worth, and the United ing treatment limitations or financial one percent 0.9 percent and again pass- States Capitol to see the common link: requirements on the coverage of men- ing this bill is long overdue and the a severe mental illness. Unfortunately, tal health benefits unless comparable right thing do for the millions of Amer- there is no place that a community can limitations are imposed on medical and icans suffering from a mental illness. take these individuals for help. The po- surgical benefits. The number of Americans suffering lice can do very little and likewise for At 2:25 this afternoon, an amendment from a mental illness or the number of hospitals. arrived at the desk. I read off the family members affected by a mental Some of you may have seen last names of the cosponsors, but I did not illness has not magically decreased year’s 4 part series of articles in the name the bill. So let me do that. This over the past couple of months. New York times reviewing the cases of bill is called a mental health parity We are ready for a vigorous debate on 100 rampage killers. amendment. Another way of talking a host of issues, but I would like to Most notably the review found that about it is that it is the mental health begin by saying: Our bill has 64 bipar- 48 killers had some kind of formal diag- parity bill put into an amendment tisan cosponsors; the HELP Committee nosis for a mental illness, often schizo- form. So we will not have to wait any reported out the bill on August 1 by a phrenia: 25 of the killers had received a longer to have a national debate as to vote of 21–0; 144 organizations support diagnose of mental illness before com- whether insurance companies in the fu- the bill; and CBO has scored the bill as mitting their crimes; 14 of 24 individ- ture—not this year but one full year raising insurance premiums by 0.9 per- uals prescribed psychiatric drugs had from now is the way we have drafted cent. stopped taking their medication prior the bill—will or will not be able to in- The human brain is the organ of the to committing their crimes. sure people against their illnesses and/ mind and like the other organs of our In particular I would point to a cou- or diseases and provide less coverage body, it is subject to illness. And just ple of passages from the series: for the mentally ill as defined in this as we must treat illnesses to our other bill than they do for other well-recog- They give lots of warning and even tell organs, we must also treat illnesses of people explicitly what they plan to do. nized diseases such as cancer, diabetes, the brain. . . . a closer look shows that these cases whatever they may be. Building upon that, I would ask the may have more to do with society’s lack of That means the thousands upon following question: what if thirty years knowledge of mental health issues . . . In thousands of American families who ago our nation had decided to exclude case after case, family members, teachers have young people in their teens with heart disease from health insurance and mental health professionals missed or schizophrenia—well diagnosed, they coverage? Think about some of the dismissed signs of deterioration. are told by the medical people what wonderful things we would not be doing Now let us look at the number of in- they have, they are subject to treat- today like angioplasty, bypasses, and dividuals suffering from some of the ment, to medication and, yes, a very valve replacements and the millions of dreaded mental illnesses. long life of difficulty if, in fact, they do people helped because insurance covers Major depressive disorder: 9.9 million not have medication and treatment fa- these procedures. American adults age 18 and older suffer cilities in these great United States, I would submit these medical ad- from this disorder in a given year; the last group of Americans who have vances have occurred because insur- Bipolar disorder: 2.3 million Amer- no health insurance because they are ance dollars have followed the patient ican adults age 18 and older suffer rrom defined out of the coverage by the con- through the health care system. The this disorder in a given year; ventional approach to what is a disease presence of insurance dollars has pro- Schizophrenia: 2.2 million American and an illness and what is not. They vided an enticing incentive to treat adults age 18 and order suffer from this are left out. those individuals suffering from heart disorder in a given year; and So if one goes to New York or Chi- disease. Obsessive—compulsive disorder: 3.3 cago or, yes, Albuquerque, and finds But sadly, those suffering from a million American adults age 18–54 suf- street people and watches them and mental illness do not enjoy those same fer from this disorder in a given year. looks at them and says, oh, my, what benefits of treatment and medical ad- However, medical science is in an era are they doing, they will find that fully vances because all too often insurance where we can accurately diagnose men- between 33 percent and 40 percent are

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11167 sick. That is why they are there. They I understand what a great imposition Nonetheless, we are going to proceed. are sick and they probably have no in- this is on the appropriations process To those who procedurally are deter- surance coverage, even though they are and on the two wonderful Senators mined not to let us have a straight as sick as someone’s next door neigh- managing this bill, but I don’t see any vote, you will find a few changes in bor who had a heart attack and is other way to do it. There are millions this bill from the language that came being taken care of in the best heart of Americans who have worked through out of the committee. We wanted to facility at the local hospital, and the their organizations. There are 140 orga- make sure this bill was as protected as insurance company pays the bill. nizations in America supporting this we could make it from procedural mo- We have had a history in America of legislation. Some have a special inter- tions on the floor. It is not effective not covering the mentally ill under est. Some will receive better payment until the year 2003. That cures a lot of conventional, typical insurance cov- for taking care of the mentally ill. procedural problems some might have erage. Quite to the contrary, we have Some, such as the National Alliance of had. It is not subject to a point of sat by and watched insurance compa- the Mentally Ill, understand the plight order, a 60-vote point of order, because nies—obviously they are doing the best of people with schizophrenia, the plight of that change and 2 or 3 other changes they can and this is part of their busi- of people with bipolar diseases, the we made in order to see to it we got a ness. They are remaining solvent and manic-depressive. They understand straight up-or-down vote. being able to insure people at the most what parents are going through in For the mentally ill, the schizo- reasonable prices. The insurance com- America. phrenic whose family is desperately panies come along and say: Since we These diseases do not always strike trying to take care of them, or some- are not obligated to do so, we will not the elderly or the young. As a matter one suffering the great delusions that cover the mentally ill; or if we do, they of fact, one of the most dread of these are typical, the mammoth delusions will be covered with a much smaller diseases has a propensity for showing that are common for a schizophrenic or total coverage number, and everything itself when our young people are teen- for the bipolar suffering—for some un- about the coverage will be less than agers, between the ages of 17 and 18, up known reason, they can be in a very what we cover for people with the ordi- to 25 or 30. At this age the disease low mood and then as high as they can nary diseases that we so often talk causes a great disability and poses a get, and in between the highs and lows about, including the great strides being major problem for care of a son or is a great inability to live a normal made in heart disease treatment, heart daughter. Across this land thousands of life—this is the best we can do for disease research, heart disease care, or people have already gone broke, cash- those families in America, for those any of the other diseases we are so free ing out every asset they own, trying to millions suffering. We have to offer it to talk about. Somebody is being taken take care of their child, while America today. We have to get the Senate to care of. The insurance company is pay- looks on the insurance system and say yes or no on whether coverage by ing the bill. New buildings rise up to says: We cannot tell anybody what insurance policies is part of the nor- cover them because they are insured. kind of insurance they should cover. mal, everyday coverage for health care, That is a great resource, coming di- We cannot tell any insurance company whether or not it will include that por- rectly from the back of the insured to what they ought to cover. We take for tion of Americans. the marketplace, the marketplace of granted that they will cover heart con- Obviously, these dread diseases are paying for the best doctors, of paying ditions, heart research, they will cover not typical only to America. In any for facilities. If somebody can pay for any of the other diseases we more or particular area where a group of hu- them, you are apt to build them. less call ‘‘physical’’ diseases. On the pe- mans live, there is a certain percentage What about the mentally ill? The riphery sits the mentally ill with little who will turn up with schizophrenia. mentally ill have no facilities to speak or no coverage. There is a certain group that will turn of—just a few—because nobody will pay My good friend, Senator WELLSTONE, up with the enormous ups and downs of for them. There are no specialty clinics and I have been joined by 65 Senators. the bipolar disease I described. to speak of. There is very little private I sent this to the desk at 2:25. This is a There is also clinical depression, sector involvement in building health very historic time. This amendment which probably has more victims than facilities where the mentally ill can be will pass, if not today, tomorrow. And any other in terms of numbers. What taken to make sure they take their today we will finally have made the does depression bring, along with the medicine and are cared for. In the ordi- Senate vote. I am convinced they will other two diseases I mentioned? A nary language of the marketplace, vote yes, let’s get this started; get rid total loss of hope; suicides, which are there is no money in it. There is no of this discrimination that has festered growing in numbers, especially among money in it because the people are not long enough in terms of the health cov- teenagers. More times than not when insured. erage system of the United States. Be- that event occurs, the trail of symp- Five plus years ago, my friend Sen- fore the day is out, I believe the num- toms indicates if they had been treated ator WELLSTONE and I passed the first ber of Senators will go up, not down. for depression, it probably would not parity bill. It was partial parity. It For those frightened for small busi- have happened. caused the discrimination against the ness, the committee, headed by Sen- In any event, I am prepared to go on mentally ill under insurance policies to ator KENNEDY, the committee we en- much longer and in much more detail. go away partially. It just expired. This trusted with our bill, which has the ju- For those who want us to delay con- bill, that is now in amendment form, risdiction, has the authority to decide sideration of this measure, I urge you passed out of the committee 21 to 0. A to send us a bill or not, decided, in to come down. See if I am correct. I couple of Republican Senators want to order to have great unity and the first don’t think you have a parliamentary offer amendments, and I am pleased time through to get Democrats and Re- way of avoiding having the Senate they can offer them now, this after- publicans on board, they would make vote. I don’t think there is a way that noon. We tried our best to get the bill an exception for small business. Every- you can make it subject to a point of called up as a freestanding bill, hoping one should know, all businesses with 50 order where we will need 60 votes. I we would be given a day, 2, or 3 days. employees or fewer are exempt; we are don’t believe there is a point of order We could never get it done because not mandating this coverage at this with reference to the budgetary impact there were some Senators—and it is point. Small businesses that might be because we are able to understand in their privilege and prerogative—who worried about this, or Senators who advance those kinds of procedural ap- thought that we don’t need to mandate might be worried in their behalf, can proaches. The bill is no longer subject coverage, even a year and a half from read this bill. They will find that ex- to those kinds of procedural attacks. now, as we do here, and we do not need emption. We feel good about it. We would like to cover the mentally ill that doctors There is much more to say. Taking to spend some time talking about the define as having a brain disease and this up at the end of the year does not reality of this bill and what it will and should have coverage. Some think do this bill justice. It is a major under- won’t do. their cause of not covering it is better taking by the legislative branch of the I close by saying the last argument served if we never get this bill up. U.S. Government, led by the Senate. that will come from those who oppose

VerDate Mar 15 2010 04:06 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 S11168 CONGRESSIONAL RECORD — SENATE October 30, 2001 it is: Can we afford it? I assume they sible. But I wanted to express those We have to end the discrimination. It will also say: We are now in a reces- views at this time. I know the Senator is 2001. The time has come for this idea. sion. So we really can’t afford it. from Minnesota is waiting to comment. The Surgeon General in his report I just told you it is not effective until I yield the floor. said close to 20 percent of American 2003. We give everyone time to get out The PRESIDING OFFICER. The Sen- people struggle with this illness and 18 of the recession. Besides that, in terms ator from Minnesota is recognized. million people struggle with depres- of budgetary problems, the best esti- Mr. WELLSTONE. Madam President, sion. mate we have, and we will put it in the I thank my colleague from Pennsyl- I have had the honor of working with RECORD shortly, is the Congressional vania. I know in discussions with the Al and Mary Kluesner from Minnesota. Budget Office saying when fully imple- Senator from Pennsylvania and Sen- They started an organization. It is now mented, this may increase the cost of ator HARKIN from Iowa that we can go a national organization. It is called health insurance by nine-tenths of 1 over all of the points. We have made a SAVE. Two of their children com- percent. That is what the Congres- special effort to deal with it. mitted suicide. They have two children sional Budget Office says. First of all, I thank my colleague, who are doing spectacularly well. I have given you the small business Senator DOMENICI from New Mexico. It Up until very recently, a lot of fami- exemption. I have given you the ex- has been my honor to have worked lies, parents, brothers, sisters, hus- perts’ cost. I have given you when it with him now for over half a decade on bands, and wives blamed themselves will come into effect. Later on we will this question. when they lost a loved one who took I believe the Senate will pass this discuss who is covered by it. That is their life. There has been this shame. amendment. When we pass this amend- still something to be discussed. Some People have blamed themselves. But ment, I think it will be viewed favor- will want to know whether we made it now we know a lot more. Now we know ably by historians. I am not trying to too broad, whether we covered too how much of that is biochemical. Now be melodramatic. many people, and whether we covered There are 67 Senators, Republican we know it can be diagnosed. Now we them in language that is so vague so and Democrat alike, who support this know it is treatable. The success rate that the disease is not adequately de- piece of legislation. It passed out of the for treatment of those who are strug- fined. We think we have done all of HELP Committee by a 21-to-0 vote. gling with depression is 80 percent. those things. There are 150 organizations that sup- Kay Jamison, a psychiatrist at Johns We are pleased to engage later in the port it. There are two reasons. Hopkins who has tried to take her life day with anybody who would like to First of all, this legislation is major twice, has written several powerful talk about that. civil rights legislation. We are coming books. One book is called ‘‘An Unquiet I yield the floor. I thank Senator to November 2001. When this amend- Mind’’ about her own experiences. Just WELLSTONE for his help. We will be ment and bill pass, I believe we can a month ago she received the McArthur here this afternoon defending this keep it in conference. We will have Award—the genius grant —for her measure as long as we are needed. passed a major piece of civil rights leg- work. She has written about the gap I yield the floor. islation which will say that we will no between what we know and what we do. Mr. WELLSTONE. Madam President, longer permit discrimination against It is lethal. I believe the Senator from Pennsyl- those people who struggle with mental The Kluesners became involved and vania wants to speak. I will defer to illness in our country. people all across the country have be- him. I ask unanimous consent that I This legislation says, when it comes come involved. They no longer will ac- follow the Senator from Pennsylvania. to those who are struggling with this cept the stigma. They no longer will The PRESIDING OFFICER. Without illness, there will no longer be dis- accept the discrimination. They have objection, it is so ordered. crimination. It is modeled after the come out of the closet. They have come Mr. SPECTER. Madam President, I Federal Employees Benefits Plan. out of the closet to speak for their compliment my distinguished col- It basically says there will be the loved ones because they know it is a league from New Mexico for his dili- same requirements when it comes to matter of life or death. gent work over a very long period of deductibles, copays, and days in the If we would end the discrimination, time on this very important issue. hospital and outpatient visits. we would get the care to people; we When he talks about the measure, it is I thank the Senator from Massachu- would save some lives. Senator DOMENICI, for himself, Senator setts as chairman of the HELP Com- Suicide is the third leading cause of WELLSTONE, and Senator SPECTER. I am mittee for helping us get this through death among young people in our coun- second on the cosponsor list on his sub- the Health Committee on a 21-to-0 try. In Minnesota, it is the second lead- stantive amendment. When he asked vote. He and his staff have been there ing cause of death. me before submitting it whether I throughout all of the negotiations and So much of this can be diagnosed. So would be a cosponsor, I said that I work on this bill. much of this is preventable. That is wanted to wait and see the discussion. I thank Senator DOMENICI. Next to why this amendment and this legisla- The concern that I have is the mov- Senator DOMENICI, I thank Senator tion is so important. ing of this appropriations bill. My col- KENNEDY. It is not just a question of civil league from New Mexico understands I think there is going to be an over- rights. It is not just a question of say- that full well. He is on the Appropria- whelmingly positive vote because it is ing it is the end of discrimination. It is tions Committee and is the chairman just wrong for someone who is strug- also a question of what we can now do of the subcommittee. I think it is a bill gling with this kind of illness to be as a nation. Because if our health care which ought to be enacted. I believe told they are going to have to pay a plans—modeled after the plan that we there ought to be mental health parity. higher copay, and they are going to participate in, the Federal Employees The reasons which he has given are have to pay a higher deductible. No Health Benefits Plan—say there will be very persuasive. health insurance plan will let them no difference in terms of the way we The concern I have is it is legislation stay a few days in the hospital. No. treat this illness versus any physical on an appropriations bill, and the con- They can only have a certain number illness, then, I say to Senator DOMEN- cern as to whether there are tax impli- of outpatient visits. ICI, the care will follow the money. cations to include deductibles, coinsur- We will not do that with someone Once the health care plans provide the ance, copayments, and catastrophic who suffers from a heart condition, nor coverage, you will have an infrastruc- maximums which would provide a basis to someone who is suffering from dia- ture of care out there for people that for a so-called blue slip by the House of betes, nor to someone who broke their we do not have right now. Representatives. We can handle that in ankle. We don’t say to them they are There will be arguments and counter- due course. I am going to await the ar- going to be in the hospital only 1 day arguments, and I am ready for all of guments. and that is it, or 2 days and that is it. them. I would like to find some way to ac- Nor would we charge them high copays Let me just make a couple more commodate this amendment. I am just and deductibles to the point where points because I will be in this Cham- not sure at this point that it is pos- they can’t afford it. ber for a while with this amendment,

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11169 and other Senators are in the Chamber I could remember all of their names: one of the most compelling health care right now. doctors, psychiatrists, social workers— issues we are faced with in our society. There was a young woman named and they were talking about the after- I thank them for their constant sup- Anna Westin. Her mom and dad, Kitty math of September 11. I am not mixing port on this issue over the years. and Mark Westin, have brought parents agendas. I am being as intellectually We have had debates on mental together as well. They have brought honest as I can. health parity on a number of different parents together because their daugh- One woman, who worked with the occasions, but with the shaping and the ter—a beautiful young woman—strug- firefighters, said: I want to tell you fashioning of this amendment, this gled with anorexia. Same issue: She that given what people have gone really is the moment of truth on this tried to get coverage from the plan. It through, you are going to have to have issue. This is the time to take action. was the Blue Cross/Blue Shield plan in an infrastructure of mental health Senator DOMENICI and Senator Minnesota. They could not get the cov- care. Her name is Dr. Kerry Kelly. She WELLSTONE deserve all of our thanks erage for the days in-hospital that she talked about her experiences with her for their leadership and the work they needed to be there. They lost their onsite work as chief medical officer of have done. I would also thank those daughter. the New York Fire Department. She who have been a part of the process in By the way, Blue Cross/Blue Shield just basically said: Look, we are going helping us develop the legislation, the has made a settlement with them and to need a lot of help for family mem- scores of families who came and testi- is going to do much better in terms of bers. And people have been saying that fied and shared some of the great per- providing the coverage. I cannot make all across the country. sonal challenges they have faced as a one-to-one correlation and say be- So, I say to colleagues, please con- they have dealt with the challenges of cause she did not get coverage, there- sider this legislation civil rights in mental illness in their families, de- fore, Anna took her life. But I can tell ending discrimination. Colleagues, serve a great deal of credit. you this: I have met with parents, I please consider this legislation as a We express to them that the best way promise you, all across the country way of finally providing the care to we can ever thank them for being will- who have told me about what it means men, women, and children who, if they ing to share some of the great chal- when they cannot get coverage to take are provided with the care, can go on lenges they have faced over a lifetime care of their children. and lead good, productive lives. And, of care and dedication and commit- I went down to Houston; and SHEILA colleagues, also please consider this ment—and in a number of instances fi- JACKSON-LEE had a hearing she wanted legislation preparedness legislation. nancial ruin—is to have real parity in to do with me. It dealt with mental The truth is, no longer, when we talk our health care system. This legisla- health and children. It was unbeliev- about health care for adults or health tion will do that for us. able the number of people who came care for children, or public health, or I was listening to both of our col- who wanted to speak about their des- what we have to do, can we not con- leagues and remember so much of the perate story with their own children. sider mental health part of the cake. It similar debate we had back in 1996 on At this public hearing, the guy who is part of how we deliver humane and the HIPAA legislation, when both Sen- was the head of the corrections system dignified and affordable health care to ator DOMENICI and Senator WELLSTONE for one of the largest counties in the people in the country. brought these matters to the floor of United States of America—I could not This is about as important a piece of the Senate at that time. A number of believe what he said—said: I am a law legislation as I think we can pass. But, our colleagues spoke with great pas- and order person. Nobody seemed to look, I have my biases. I came here as sion and great commitment, and we doubt that. And he said: I want to tell a Senator who has a brother who has thought we had made a substantial you, a lot of people believe that if these struggled with this illness all of his downpayment in moving us irrevocably kids are locked up in our facilities, life. When I was elected in 1990, I in that direction. But, nonetheless, we they have done something wrong. He thought if there was one thing I would were not able to do so because there said: I want to tell you—I think the try to do, for sure, I would try to end were those who were able to find ways figure he used was 40 percent—40 per- this discrimination in coverage. For of circumventing the legislation and cent of these kids, if they had gotten sure, I wanted to make sure that peo- finding ways of subverting both the in- some help, would not even be in jail. ple were able to get the help they need- tent and, for me personally, even the They should not be locked up. It is the ed. letter of the law. The Senate voted for only place the parents can get any help I have had a chance to work with it overwhelmingly, Republican and for them. Senator DOMENICI for over half a dec- Democrats alike. There was a time when we talked ade. And I have had a chance to work Over the years, this body has been about how we institutionalized people, with Senator KENNEDY for over a dec- somewhat slow in finally responding to we warehoused people struggling with ade. Now is the moment where we can science rather than ideology. For mental illness—adults and children in pass this legislation as a part of this years, those who were challenged men- institutions. Now we are warehousing bill. And I think we can keep it in con- tally were too often put aside in our so- them in our jails, and many people ference. This would be a huge step for- ciety and denied a position of respect should not be there—many children ward for our country. and dignity. They were shunned. They should not be there. We need each other as never before. were looked down on. They were pitied. So this legislation ends the discrimi- There is an ethic going on in this coun- They were, in many instances, abused. nation for a broad range of mental ill- try about the ways we can help one an- Their lot was not a good one in Amer- nesses that affect adults and children. other. I think that is all for the good in ica. This legislation has an exclusion for the most difficult of times. This would Then, more recently, that attitude small business so that businesses are be the best possible way of living up to has changed. I would like to believe not covered unless they have 50 em- this value and this ethic, to adopt this there has been a new sense of respect ployees or more. amendment with an overwhelming for the valuing of individuals on the This bill has been scored by CBO as vote. basis of their character rather than, as costing no more than a 1-percent in- I yield the floor. was used with these words, ‘‘the color crease in premium. Then there is the The PRESIDING OFFICER (Mr. of their skin’’ or their gender or their benefit of what happens when we fi- JOHNSON). The Senator from Massachu- ethnicity or their disability. We have nally end the discrimination and what setts. made important progress. happens when we finally provide the Mr. KENNEDY. Mr. President, first What we have seen over time is cor- coverage for people. of all, I congratulate and thank our responding progress in being able to We had testimony—my last point be- two leaders in this extremely impor- deal with the challenges of mental ill- cause I will have a chance to speak tant bill in the area of health policy— ness. We have made real progress. Now later—before the HELP Committee, I Senator DOMENICI and Senator there is really no excuse whatsoever. say to Senator KENNEDY. There were a WELLSTONE—for ensuring that the Sen- Now there is no reason whatsoever to number of people who came in—I wish ate will have an opportunity to address deny the Senate the opportunity this

VerDate Mar 15 2010 04:06 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 S11170 CONGRESSIONAL RECORD — SENATE October 30, 2001 afternoon to move toward true equal- The most obvious ones are those that grave mark on our national conscious- ity and true parity in terms of mental have been involved in the current res- ness if we have the ability to assist health. cue efforts at ground zero and their these families and we do not do so. If we look at some of the mental dis- families. Having had an opportunity This legislation will ensure that we are orders that are most common in terms the other evening to talk to the head of going to do it. of challenges to our communities, one the firefighters union and to listen to Secondly, with the progress that has is bipolar disorder, another is depres- him for a short period of time, I could been made with these breakthrough sion. Compare those to the physical already see that the challenges that treatments and medicines, we have the disorders of hypertension and diabetes, are going to be faced by so many of the chance to make a important difference common illnesses, common challenges families involved are going to be se- to our fellow citizens in their lives and we face; you find that the treatment vere. the lives of their families and to have success rates for these chronic diseases We know that challenges still exists. an enormous positive impact on our of bipolar disorder and depression far We know now in recent years enormous fellow citizens. exceed those for hypertension and dia- progress has been made in under- Finally, this is not going to be an ad- betes. This is true across the board. standing the very challenge of mental ditional burden in terms of cost. This Not everyone understands it; not ev- illness and mental disease. We know is a compelling case. It has been made eryone believes it. But increasingly, extraordinary progress has been made. eloquently and passionately by two of the medical information and testimony The only reason for not accepting those who have given their commit- and results indicate that mental illness this amendment may be the issue of ments and the force of their argu- is treatable. It is such a statement of cost. It always comes around to the ments—Senators DOMENICI and hope for families to know that, if they issue of cost. At least it comes around WELLSTONE. They have made this case get the appropriate treatment, they so often by those who want to resist time in and time out. It is time for the can free the individuals facing these legislation. Senate to act. It is essential that we challenges from some of the torments That argument does not stand up in act, and I hope this will pass over- they are facing in the course of their this case. We have experience in a num- whelmingly. lives. We have made enormous strides. ber of the States on this issue. In our The PRESIDING OFFICER. The Sen- We are making enormous strides. committee, this was raised as an issue. ator from Nevada is recognized. Our two colleagues share my belief And we agreed to raise the exemption Mr. REID. Mr. President, I am happy that we are at the time of the light from companies with 25 employees or to be a cosponsor of this amendment. science century—with the mapping of less up to companies of 50 employees or First of all, I wish to express my the DNA, stem cell research, and all less. That means approximately half of gratitude for the leadership shown by sorts of recent exciting medical break- all working families in this country Senator WELLSTONE and Senator throughs. We view the opportunities will effectively be covered, but there DOMENICI. They brought to the Senate, for continued progress in this area, will still be many others left out. I re- with this unique partnership they have such as in the year of the brain, where gret that, quite frankly. But I am sat- formed, something that will be long re- we have had very profound research isfied that if we get this in place and membered. They are from different po- and discoveries on what impacts we have the results that I know will litical parties, two individuals with dif- thought process in people’s minds. We come, we will be right back in a very ferent views on almost everything in have made enormous progress, not only short period to extend the exemption political life. In the last 6 or 7 years in in understanding but also in dealing from employers of less than 50 down to the Senate, they have brought together with these issues. something that has been very dynamic. The question is, why not have parity? 25. As a result of their leadership, laws It is so compelling and so necessary. The fact is, 23 States have passed I will digress for a moment and parity laws. There is absolutely no evi- have been changed in this country, at- thank our colleagues for bringing this dence that any of them have experi- titudes have been changed in this coun- to our attention at this time in our enced any significant increase in costs. try, and the entire United States owes country’s history. All of us still are We know that now as fact. We are not a debt of gratitude to these two men. sensing the powerful emotions we felt dealing with theories, estimates, or We have all had experiences with dis- on September 11. We know anxiety still judgments by those who are opposed to eases where we may have said, yes, my exists for so many families, not only as it. We are dealing with facts. The facts cousin, my brother, my father, or my a result of the particular enormous are as I have stated; there has not been neighbor had this same disease—wheth- tragedy that was so devastating to so a significant increase in cost. er it is cancer, heart disease, whatever many families but also its impact on The Senators from New Mexico and the condition—a medical problem with our Nation as a whole and, more re- Minnesota would agree with me that which we have all had experience. If we cently, the challenges we are facing in with an effective program providing are honest with ourselves—and we are terms of the dangers of Anthrax. We mental health parity, you are probably becoming so—if we talk about mental know it has only directly affected some going to see a reduction in the cost of illness, it is the same thing. 15 of our fellow citizens, but we know health care because when you treat the How many of us have relatives who that the fear and the anxiety among mental health challenges and the ill- have clinical depression? Lots of us. our fellow citizens is significant. nesses for individuals, more often than How many know of members of our I dare say, this anxiety has impacted not, it has a very positive impact in families who have bipolar disorders? no group more than the children of our terms of other physical disabilities. That is a relatively new term but country. They are feeling this enor- Those studies have been presented something we understand. The same mous anxiety. They are feeling it not before our committee, and I am abso- applies—whether it is cancer or heart only as a result of September 11; they lutely convinced that even though this disease, it applies to this. are also feeling it with regard to the is going to provide additional kinds of I have been stunned by how many threats of Anthrax and the whole treatment for individuals who need it, people have been affected by a suicide. threat of bioterrorism. There is a lot of the overall bottom line is going to be It is no secret in this body that my fa- anxiety in America today. savings in health care expenditures. We ther committed suicide. It is no secret We don’t expect this bill to solve all have seen examples of it. I won’t take that it took a long time for me to ac- of the problems, but what it will do is the Senate’s time right now to go into knowledge it publicly and talk about give the stamp of the U.S. Senate. Any those studies, but a very compelling my father’s death. But since I have, fair review in the reading of the record case has been made. every place I go, people come to me is going to reflect very clearly that If you think back to it logically, you and relate stories. For example, I was there are ways of providing assistance will see the reasons for it. The first at a TV interview in Las Vegas. One of to those who need the attention and reason is to assist families and individ- the anchors who did the interview said: the care and the guidance and the sup- uals by increasing the nation’s capa- May I speak to you afterward? I said port and the treatments that are out bility to provide mental health serv- sure, and I waited. Her brother com- there for American families. ices to Americans who need it. It is a mitted suicide. Every place I go, people

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11171 come up to me and say their mother, he knew something had to be done. Dr. The PRESIDING OFFICER. Without father, brother, or sister committed Satcher has worked tirelessly, since he objection, it is so ordered. suicide. We know at least 31,000 people became Surgeon General, to bring Ms. STABENOW. Mr. President, I am each year kill themselves. There are about change. He has worked with us proud to be a cosponsor of the legisla- really more because there are auto- to make sure there was money to study tion and to add my name to this mobile accidents and other kinds of the causes of suicide. We don’t know amendment. I join with others who ‘‘accidents’’ that are not counted, but why people commit suicide. have thanked Senator DOMENICI and they are suicides. You would think the suicide would be Senator WELLSTONE for their diligence Many people deny that their loved in States—and I say this without any and dedication on what is an extremely ones have committed suicide. I try to denigration whatsoever—where it is important issue. It is extremely impor- have them be as forthcoming as I dark and cold in the wintertime, such tant to all of our families. should have been many years ago about as North Dakota, Minnesota, South I have been involved with mental my father. It affects us all. Dakota, these cold States, but it is not. health issues all of my adult life, start- That is what this amendment is all It is not. Suicide is west of the Mis- ing when I was in the State House of about—parity, making sure that heart sissippi, in States where the Sun shines Representatives in Michigan chairing disease is treated no differently than a lot, wide open plains and places for the Mental Health Committee and depression that leads to suicide. people to get outdoors. The 10 leading writing legislation we have in place in There is a tendency of some to think States in suicide are west of the Mis- Michigan for children, families, and these problems are identifiable at a sissippi. We do not know why, but we adults. But today I rise in support of given age. Well, the sad reality of it is are studying why, and we hope to learn this amendment because of my per- that mental illness doesn’t appear at more. sonal situation. In the Senate, we have passed resolu- any certain age. Children have mental My father, who was an extremely lov- tions recognizing the problems with disorders, mental problems. Teenagers ing and wonderful man, a businessman suicide. We are appropriating some develop them. People in their twenties in business with my grandfather in a money now. We are doing better. car dealership in Eau Claire, MI, when and thirties have them. To show this is a serious problem, I Here are two examples. There is a I was growing up, in his mid-thirties have a statement that indicates that a found himself being diagnosed a manic- woman I have gotten to know in Wash- telephone survey conducted by the Pew ington—a 78-year-old widow. She is a depressive. At first, we did not know Research Center of the people and the what that meant in terms of the highs very pretty woman. Her husband was press a few days after the attacks on extremely well educated. She has two and lows he was experiencing. September 11 found that 71 percent of At that time—it was the midsixties— sons. They both were happy, with good respondents reported being depressed, there was very little available in the jobs, in good professions. While in their 49 percent said they had difficulty con- community. It mostly was hospitaliza- forties, they developed mental illness— centrating, and 33 percent reported in- tion for anyone who had any kind of both of them. Now she cares for her somnia. mental health problems. We did not two sons. She is 78 years old. I visit her We have all talked to our friends and have a lot of money. Our family was at least once a month. Some months relatives who after this attack are hav- not a wealthy family, and we struggled they are in better shape than in other ing trouble sleeping. For the first time with attempts to get my father ade- months. They are under medication these people are having trouble sleep- quate care. and treatment. But it has affected her ing. One of the things we learned as we life dramatically. In another study conducted 3 weeks moved through this disease with him I often wonder what is going to hap- after the attacks, respondents said was that mental illness is as physical pen. In fact, I don’t know about the one they were depressed, and 20 percent 3 as any disease that is now covered by son. One, I know, was happily married weeks after of the events said they our insurance system. If you are a were having trouble sleeping. with children before he got sick. Now manic-depressive, that means you have There should be full parity for men- he is divorced. I often wonder what is chemicals in your brain that are off going to happen to these men after this tal illness. We have to make sure, as has been discussed today, that compa- balance. They provide too much of a woman passes away. stimulus that causes one to be awake, Another example is somebody I knew nies, businesses, and government do not try to figure out some way to get to go into a manic state; it causes then who was a great athlete in high school, too less of a stimulus, so one goes into a high school all-American, college all- around this. They should not do that. It is the intent of this amendment that a depression and they may swing back American, a professional athlete. I and forth. wonder what happened to him. All of a people with mental illness be treated as well, as fairly, and as equally as peo- Just as we have now developed medi- sudden, I didn’t see him on the roster cines to help those who have cancer and wondered what happened to him. ple with medical illnesses. That is the purpose of this legislation. and diabetes or those who have Parkin- He is in an institution—a mental insti- son’s or Alzheimer’s disease—and we tution. Who would ever guess it? I will If, in some subsequent time, someone is trying to figure out the congres- are moving on all kinds of fronts to de- not mention his name. Who would ever sional intent, the intent of this is to velop new medications—we have medi- guess he would have been in a mental have mental parity, to have people who cine now for those who are diagnosed institution—this fantastic athlete, have mental illness treated the same as manic-depressive. tough, hard, and so good. He is in a people with a medical illness. When my father was finally able to mental institution. Again, I express my appreciation to find someone who understood his dis- I recognize that there needs to be the people who have us talking about ease, there was something developed more done so that we accept mental ill- this issue, Senator WELLSTONE and called Lithium, and he had the oppor- ness more. That is what this legisla- Senator DOMENICI. But for their advo- tunity to begin taking that medication tion is all about. That is what mental cacy, we would not be here today and each month. He was able to go back to parity is. That is the name these two we would not have been doing things in his normal life. He was able to work men—Senators WELLSTONE and DOMEN- the past 5 years. It is because of them and function and be a part of the com- ICI came up with, ‘‘mental parity,’’ or we are considering this amendment. I munity because this was a physio- mental fairness, to treat diseases the am personally indebted to them for the logical disease that was treatable by same, whether it is heart trouble or de- work they have done to help those with medication. pression. no voice, to help those with no lobby- We know, whether it is schizo- We are doing better than we were. ists, to help those who cannot help phrenia, manic-depression, or other One reason we are doing better, in my themselves. diseases, that we are talking about im- opinion—the one to which I have de- The PRESIDING OFFICER. The Sen- balances in the brain. These are phys- voted so much time, suicide—is we ator from Michigan. iological changes. These are health have a man who is the Surgeon General Ms. STABENOW. Mr. President, I ask problems, as much of a health problem who is a tremendous person. All we had unanimous consent to be added as a co- as diseases that are covered by insur- to do was talk to him about suicide and sponsor of the amendment. ance.

VerDate Mar 15 2010 04:06 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 S11172 CONGRESSIONAL RECORD — SENATE October 30, 2001 I cannot think of anything more to believe we are in this year, 2001, still in hospitals. They are not in the cages. basic than finally, in 2001, under- letting people write insurance policies They are in jails because there is no standing in our health insurance sys- and act as if heart conditions and all place else to put them. They are get- tem what we have now known in the the research that goes with it should ting arrested for malfeasance, most of medical community for years, and that be covered, even build hospital clinics it small. When it gets to the big is: If we provide treatment, we can because insurance companies are so crimes, we have a national argument treat those with mental illnesses as willing to pay because that insurer car- about whether or not they are men- well as physical illnesses with great ries all of his resources on his back and tally insane when they commit mass success. builds new hospitals, builds new clin- murder. My colleagues have spoken to the ics, builds new techniques, builds more In any event, the reality of it is we fact if we do not do that, we will treat research, but all of these people who decided way back then that we were them in our jails, we will treat folks walk up to us and tell us their story, going to treat the mentally ill dif- who are homeless and under the there is no money, there is no cov- ferently. But what we thought would bridges sleeping at night. There will be erage. happen was that across America there some way that those who have mental Some people will take that as this is would be clinics, there would be facili- illnesses will find themselves in situa- a big philosophical difference. They ties built that would let the doctors tions where they will be reaching out, would say to Senator DOMENICI on the treat the mentally ill in a modern, hos- and we will be addressing it in some Republican side, why do you want to pitable, decent manner, not in the dun- way in the community. The question tell anybody what to do? Why do you geons of the past. is, do we do it in a positive way in the want to tell insurance companies what Guess what happened. Nobody put up health care system where it needs to be to do? any money. Now one would say: Well, addressed or will we be addressing it in Frankly, I think when we started who should put up money? Either the some other way that is not positive? this process of what will insurance Government ought to pay for some fa- I hope we will all come together. It companies cover and what they will cilities or there ought to be some cov- would be wonderful to see everyone not, I asked a question of those who erage if it is an illness so that the in- coming to the Chamber and supporting think this is philosophical: What if we surance companies would pay for it this long overdue amendment on men- would have said a heart condition is based upon it being carried by the men- tal health parity. I hope my colleagues not covered by insurance. Why? Be- tally ill person. When they get sick, understand this has been worked out. cause the heart is part physical and it the insurance comes into play. With This is a bill that has been balanced. is part spiritual, and we do not know that, the private sector may build For those concerned about small busi- enough about it so let us not cover it. many facilities for the mentally ill. It ness, this is legislation addresses those What do you think we would be doing is not going to happen until we do that. companies with less than 50 employees today? Do you think we would get to I thank the Senator so much for her being exempt, that there is a year 2001 in American chronology and we remarks today. They were right on, delay—there is a lot that has been put would still be having insurance compa- from this Senator’s standpoint, and together in this amendment. nies say they are not covering heart very relevant. I compliment my colleagues who conditions because 41 years ago they Ms. STABENOW. Will my friend have worked so hard to come up with a should not have covered heart condi- yield? balanced approach and yet proceed tions because, after all, it is part spirit Mr. DOMENICI. I yield. with the principle of mental health Ms. STABENOW. One more time, I parity. In this day and age, shame on and part physical? Those who oppose this legislation thank the Senator from New Mexico us if we do not understand the variety want to leave the millions of Ameri- for his commitment on this issue and of ways in which someone can become cans with severe mental illnesses right the way he is able to explain the im- ill and require our health system to ad- where they have been for decades. They portance of it. dress those equally. It is long overdue. I stress, along with the Senator, if we I strongly urge adoption of this amend- do not want to acknowledge there is treatment, that it is costly, that one had private insurance coverage, then ment. the facilities would be there. They I again thank my colleagues who can get well, and that it is defined as would know there is a way for this to have come forward and have fought so brain disease in many parts of the med- be paid for and, in fact, as we do with diligently for this principle for so ical community. other kinds of health insurance, the many years. It is not something that is unlike I yield the floor. any other illness. It is very much like hospitals would know there is a reim- The PRESIDING OFFICER. The Sen- a lot of illnesses. It has a huge number bursement system, the physicians ator from New Mexico. of qualities that are the same as men- would know there is a reimbursement Mr. DOMENICI. Mr. President, I say tal illnesses that we are so concerned system, and they would know as well to the Senator before she leaves the about that we would not let an insur- there would be for these mental ill- Chamber, I thank her very much for ance company get by without covering nesses. her remarks. I have been very amazed them to the maximum. We would have I thank the Senator for his wonderful in the 5 or 6 years I have been involved them here and we would be citing them commitment and leadership, as well as with mental illness issues as it per- for some kind of contempt of America Senator WELLSTONE. I am hopeful we tains to Federal policy, as it pertains if they did that, I would think. can move forward and that this can to State law, the more I go out and So when the Senator from Michigan truly be a historic day. meet people, whether it is in a town- joins us and tells us the real facts, it Mr. DOMENICI. I send to the desk a hall meeting where a lot of people from begins to show signs that the message list of cosponsors. There were 65, plus all walks of life come, or whether it is is getting through. the Senator from Minnesota and the a special event where somebody is Let me give one more example. When Senator from New Mexico. being honored and there is a lot of glit- President Kennedy was the President, The PRESIDING OFFICER. The co- ter around, or even if you go to New we were engaged in a very serious na- sponsors will be added to the amend- York for some kind of event and you tional effort with the severely men- ment. are meeting the people of swank New tally ill who were locked in cages. We The list is as follows: York, wherever and whenever, you al- could tell a whole story about that ter- COSPONSORS ways have more than one person walk rible part of American health care. As Wellstone, Kennedy, Reid, Stabenow, up and tell you about their family— an ironic situation, I might say they Akaka, Baucus, Bayh, Bennett, Biden and schizophrenia, manic depression, clear- are no longer locked in cages as they Bingaman. were. At that point in history, we de- Boxer, Breaux, Byrd, Cantwell, Carnahan, ly depression, especially among young Carper, Chafee, Cleland, Clinton, Cochran people, always somebody brings that cided that could not be done, they had and Collins. up. to be let out. Conrad, Corzine, Daschle, Dayton, DeWine, To be honest, it is so common as an Now more of the seriously mentally Dodd, Dorgan, Durbin, Edwards, Feinstein illness that it is hard for this Senator ill are in jails in America than they are and Frist.

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11173 Graham, Grassley, Harkin, Hatch, Hol- fense Fund, Child Welfare League of Amer- Society for Personality Assessment, and the lings, Inouye, Jeffords, Johnson, Kerry, Kohl ica, Christopher Reeve Paralysis Founda- Society for Public Health Education. and Landrieu. tion, Clinical Social Work Federation, Com- Suicide Awareness Voice of Education, Leahy, Levin, Lieberman, Lincoln, Lugar, mission on Social Action of Reform Judaism, Suicide Prevention Advocacy Network, The Mikulski, Miller, Murray, Nelson (FL), Reed Corporation for the Advancement of Psychi- Arc of the United States, Tourette Syndrome and Roberts. atry, Council for Exceptional Children, Association, Unitarian Universalist Associa- Rockefeller, Sarbanes, Schumer, Shelby, Council on Social Work Education, and Dads tion of Congregationalists, United Cerebral Snowe, Specter, Thomas, Torricelli, Warner, and Daughters. Palsy Association, United Church of Christ, Wyden and Stevens. Disability Rights Education and Defense Justice and Witness Ministry, United Jewish Mr. DOMENICI. There are 154 organi- Fund, Inc., Division for Learning Disabilities Communities, Volunteers of America, Yellow zations that indicate the time has (DLD) of the Council for Exceptional Chil- Ribbon Suicide Prevention Program, and the come when we ought to do this, and I dren, Easter Seals, Eating Disorders Coali- Youth Law Center. ask unanimous consent that this list of tion for Research, Policy & Action, Em- Mr. STEVENS. Will the Senator ployee Assistance Professionals Association, organizations be printed in the RECORD Epilepsy Foundation, Evangelical Lutheran yield? at this point. Church in America Lutheran Ofc. for Gov- Mr. DOMENICI. I am pleased to yield There being no objection, the mate- ernmental Affairs, Families for Depression to the Senator. rial was ordered to be printed in the Awareness, Families U.S.A, Family Violence Mr. STEVENS. Mr. President, I ask RECORD, as follows: Prevention Fund, Family Voices, and the the Senator from New Mexico if this 154 ORGANIZATIONS SUPPORTING S. 543, THE Federation of American Hospitals. has been scored by the Office of Man- DOMENICI-WELLSTONE MENTAL HEALTH EQ- Federation of Behavioral, Psychological & agement and Budget? UITABLE TREATMENT ACT OF 2001 Cognitive Sciences, Federation of Families Mr. DOMENICI. Yes, it has. for Children’s Mental Health, Friends Com- Alliance for Children and Families, Amer- Mr. STEVENS. What would be its im- ican Academy of Child and Adolescent Psy- mittee on National Legislation (Quaker), In- clusion Research Institute, International As- pact on fiscal year 2002? chiatry, American Academy of Family Phy- Mr. DOMENICI. No impact on the sicians, American Academy of Neurology, sociation of Jewish Vocational Services, American Academy of Pediatrics, American International Association of Psychosocial year 2002. We have made the bill opera- Academy of Physical Medicine and Rehabili- Rehabilitation Services, International Com- tive and effective in 2003. tation, American Academy of Physician As- munity Corrections Association, Inter- Mr. STEVENS. Mr. President, I want sistants, American Academy for Geriatric national Dyslexia Association, Jewish Fed- to confer with the distinguished chair- Psychiatry, American Association for Mar- eration of Metropolitan Chicago, and Kids man of our committee, but we reached riage and Family Therapy, and the American Project. Learning Disabilities Association of Amer- a firm agreement we would not exceed Association for Psychosocial Rehabilitation. 686 for this year, and I do not know American Association of Children’s Resi- ica, MentalHealth AMERICA, Inc., NAADAC, dential Centers, American Association of The Association for Addiction Professionals, how that impacts taking on a bill that Pastoral Counselors, American Association National Association for the Advancement of will start impacting 2003. What would of School Administrators, American Associa- Colored People (NAACP), National Associa- be the impact in 2003? tion of Suicidology, American Association tion for the Advancement of Orthotics & Mr. DOMENICI. Over $150 million a on Mental Retardation, American Board of Prosthetics, National Association for Rural year. We knew of the agreement and Examiners in Clinical Social Work, Amer- Mental Health, National Association of Ano- the binding nature of our agreement, rexia Nervosa and Associated Disorders— ican Congress of Community Supports and and I felt bound by it in terms of how Employment Services (ACCSES), American ANAD, National Association of Children’s Counseling Association, American Family Hospitals, and the National Association of much money for 2002, and I think that Foundation, and the American Federation of Counties. is literally for 2002 but not 2003, 2004, or State, County and Municipal Employees. National Association of County Behavioral 2005. So we changed the effective date American Federation of Teachers, Amer- Health Directors, National Association of to 2003 in the amendment before it was ican Foundation for Suicide Prevention, Developmental Disabilities Councils, Na- sent to the desk. American Group Psychotherapy Association, tional Association of Mental Health Plan- Mr. STEVENS. I must express my ning & Advisory Councils, National Associa- American Hospital Association, American reservation until we reach an under- Jail Association, American Managed Behav- tion of Protection and Advocacy Systems, ioral Healthcare Association (AMBHA), National Association of Psychiatric Health standing about how this will impact American Medical Association, American Systems, National Association of Psy- the agreement we made with the Office Medical Rehabilitation Providers Associa- chiatric Treatment Centers for Children, Na- of Management and Budget and with tion, American Mental Health Counselors tional Association of School Nurses, Na- the House on this bill. It does add out- Association, and the American Music Ther- tional Association of School Psychologists, year expenditures, as I understand it. apy Association. National Association of Social Workers, and The Senator has indicated it does not American Network of Community Options the National Association of State Directors impact 2002. I reserve judgment on this and Resources, American Nurses Associa- of Special Education. tion, American Occupational Therapy Asso- National Association of State Mental amendment. ciation, American Orthopsychiatric Associa- Health Program Directors, National Center I am a cosponsor of it. I think the tion, American Osteopathic Association, on Institutions and Alternatives, National bill itself is a worthy bill, and it basi- American Political Science Association, Coalition Against Domestic Violence, Na- cally is an entitlement program. It is American Psychiatric Association, American tional Coalition for the Homeless, National not an appropriation, as I understand Psychiatric Nurses Association, American Committee to Protect Social Security and it. Psychoanalytic Association, and the Amer- Medicare, National Council for Community Mr. DOMENICI. The Senator asked ican Psychological Association. Behavioral Healthcare, National Council on me a question, and I want to answer American Public Health Association, Suicide Prevention, National Depressive and American School Counselor Association, Manic-Depressive Association, National this way: Frankly, most of this bill is American School Health Association, Amer- Down Syndrome Congress, and the National going to be taken care of by insurance ican Society of Clinical Pharmacology, Education Association. companies paying insurance bills, but American Therapeutic Recreation Associa- National Foundation for Depressive Ill- there is some U.S. Government respon- tion, American Thoracic Society, America’s ness, National Health Council, National sibility because it reduces the receipts HealthTogether, Anxiety Disorders Associa- Hopeline Network, National Law Center on in certain areas that would have other- tion of America, Association for the Ad- Homelessness & Poverty, National Mental wise come in because of the overall Health Association, National Mental Health vancement of Psychology, and the Associa- costs. We knew in 2002 it was subject to tion for Ambultory Behavioral Healthcare. Awareness Campaign, National Multiple Association for Clinical Pastoral Edu- Sclerosis Society, National Network for a point of order because, in fact, there cation, Inc., Association of Jewish Aging Youth, National Organization of People of is a cap in 2002. There is no cap for 2003 Services, Association of Jewish Family & Color Against Suicide, and the National and the years beyond, and for that rea- Children’s Agencies, Association of Maternal Partnership for Women and Families. son we do not believe a point of order and Child Health Programs, Bazelon Center National PTA, National Therapeutic lies in the outyears, nor do we think for Mental Health Law, Catholic Charities Recreation Society, NISH (National Indus- anybody is bound to reduce appropria- tries for the Severely Handicapped), Pres- USA, Center for Women Policy Studies, Cen- tions by that amount in the outyears. ter on Disability and Health, Center on Juve- byterian Church (USA), Washington Office, nile and Criminal Justice, and the Central Samaritans of The Capital District, Inc. Sui- We are prepared at some point to ex- Conference of American Rabbis. cide Prevention Center, School Social Work change serious discussions, if anyone Children and Adults with Attention-Def- Association of America, Service Employees wants to do it, on this issue. icit/Hyperactivity Disorder, Childrens’ De- International Union, Shaken Baby Alliance, I yield my time, and I yield the floor.

VerDate Mar 15 2010 04:06 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 S11174 CONGRESSIONAL RECORD — SENATE October 30, 2001 The PRESIDING OFFICER. The Sen- Then they come out of these facilities help a lot of people in our country. ator from Minnesota. dysfunctional. But they never should Most important of all, we can help our- Mr. WELLSTONE. Mr. President, I, have been in the facility in the first selves as Senators. It would not be too, thank the Senator from Michigan. place. We never provided the care for such a bad thing to have a strong bi- Mr. WELLSTONE. Above and beyond them. There never was the coverage. partisan vote for something all about the National Mental Health Associa- I am sure there can be some good ne- values, people helping one another and tion and the National Alliance for the gotiation and things can be worked out recognizing we can do better. As Bobby Mentally Ill, there is a Fairness Coali- in conference on offset, but I argue for Kennedy would have said, we can do tion of Mental Health, and other chil- $150 million more a year, or whatever better as a nation. dren, education, law enforcement, and the final costs would be. Is it not worth Please Senators, give this amend- labor organizations all behind this leg- it to end the discrimination and pro- ment your support. Let’s pass it with islation. There is a broad range of orga- vide the coverage to so many people, an overwhelming vote. nizations supporting the legislation. including a good number of whom are I yield the floor. I point out to colleagues the legal- our loved ones, with the difference Mr. REID. Mr. President, I suggest istic language of the bill. This bill is being life or death? the absence of a quorum. modeled after the Federal Employees In the words of Rabbi Hillel: If not The PRESIDING OFFICER. The Health Benefits Program in which we now, when? When are we going to end clerk will call the roll. participate. It says to a group health the discrimination? This is a matter of The senior assistant bill clerk pro- plan: Do not treat mental health bene- civil rights. When are we going to have ceeded to call the roll. fits differently from the coverage of the health care plans that provide the Mr. CORZINE. Mr. President, I ask medical and surgical benefits. You coverage for people who are struggling unanimous consent the order for the have to treat it the same way. The leg- with this illness, including many chil- quorum call be rescinded. islation does not mandate that a plan dren? When are we going to make sure, The PRESIDING OFFICER (Mr. provide mental health coverage but with the plans now no longer able to REED). Without objection, it is so or- says if you have mental health cov- discriminate, there will be an infra- dered. erage, you have to treat it the same structure of care in our communities, Mr. CORZINE. Mr. President, I rise way or have the same coverage as for the delivery of the care will follow the today in strong support of the amend- physical illness. That is why it is money, and the money will be in the ment offered by Senators DOMENICI, called a parity bill. plans? WELLSTONE, and KENNEDY. It is an There are still important steps to This is more than worth it. We have amendment which will ensure that peo- take, which I hope someday we will, so 65 Senators supporting this legislation. ple with mental illnesses are treated all the people in our country who have This is bipartisan. If Senator DOMENICI equally, fairly, and equitably, on par- no coverage will be treated. This legis- and I are working on something to- ity with people who have physical ill- lation for over 100 million would make gether, it has to be bipartisan. I cannot nesses. I do not think there are words an enormous difference. even think of anything else on which that are strong enough to point out the The cost to the Nation is enormous. we agree—I don’t mean that; I am kid- rightness of this in our American Additional health care costs occur ding. health care system. when people cannot get the coverage I urge my colleagues to support this Today, in America, two-thirds of our they need, and they wind up in the measure. citizens with mental illness do not We use the word ‘‘message.’’ I hate emergency room or it leads to other ill- have access to mental health treat- the word. Everybody says: What is our nesses. There is a productivity loss ment, despite the fact that many have message? What is our message. This from people who struggle with illness health insurance. For far too long, would not be a bad statement. I think and get no help. There are the social mental health consumers have been it would be good for our country— costs of crime: When people do not get discriminated against in the health much less the people we can help, it treatment, they cannot work or they care system—subjected to discrimina- would be good for our country—if the wind up homeless. We have a lot of tory cost-sharing, limited access to Senate went on record today sup- homeless people struggling with men- porting an amendment that I think is specialties, and other barriers to need- tal illness. When we treat children at a all about helping people, all about ed services. In fact, many of them are young age, it will have a huge impact helping some vulnerable people, all just flat left out of the system. on whether they have a life of misery about ending discrimination, all about I have had some personal experience where they could end up in trouble, calling for our country, America, to be with this in my life. I know it is a very more trouble, then incarceration, or a better country, all about calling on difficult trial even if one is not without whether they are treated and they can all of us to be our own best selves, all resources. That is why I am pleased to go on and live a very productive, about making sure we provide care to be a cosponsor of the Mental Health happy, and healthy life. people, many of whom up to now have Equitable Treatment Act, legislation I visited a correction facility—and not received any care. that represents a critical step toward there are many facilities—in Tallulah, The consequences of the plans dis- equal coverage for mental health serv- LA. I could talk about this forever. Mr. criminating and not providing care are ices. This amendment, the one we are President, 95 percent of the kids had so tragic. People who struggle from de- debating today, incorporates the text not committed a violent crime. Too pression and get no care take their of that legislation. And I hope to be a many were kids who struggled with lives. Children don’t get any care and cosponsor, as well, of the amendment. mental illness. They should have been they wind up incarcerated when they This amendment builds upon legisla- checked at the front end of assessment could have a good life. tion enacted 5 years ago which sought when a kid breaks and enters a house The highest percentage of suicides is to ensure parity between mental and or steals a car. Remember, we are talk- in the elderly population. Sometime other types of health care. ing about anywhere from 10 percent to soon I would like to get to Medicare. That law took the first steps toward 20 percent of children in this country With Medicare, if you see your doctor recognizing that mental illness is a se- who struggle with this illness. apart from in-home care, you pay a 20 rious yet treatable disease. I served on Too many kids all across the coun- percent copay. But if you are strug- the board of the NYU Child Study Cen- try—and your police, law and order gling with depression—and the highest ter which worked for the better part of communities, law enforcement commu- rate of suicide is in the elderly popu- a decade to diagnose, to learn diag- nities, will tell you this—do not get lation—and you go to see a doctor, you nosis, and to make sure that we had any treatment, there is no coverage, pay a 50-percent copay. That is in treatment regimens that actually and they wind up incarcerated when Medicare. That is blatant discrimina- could attack this disease, based on they should not be incarcerated. Then tion. Why is depression less important science and with great and positive what happens is almost indescribable. than any other illness? outcomes. The kids are not able to defend them- We can help a lot of elderly people. It is because of those experiences and selves. Quite often they are brutalized. We can help a lot of children. We can some in my own life that I commend

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11175 Senators WELLSTONE and DOMENICI for sey is covered by our own State law. are you doing that? We can’t get every- their great leadership on this move- Therefore, we need a strong Federal thing in one swoop. We really think the ment. It is a very powerful statement law that ensures mental health parity coverages by big corporations are to our country that we care about ev- for all Americans. where we are going to find out how to eryone, and their tireless efforts should In a few weeks I will be introducing do this. So they are all going to be truly be commended because they will legislation that goes a step further. My under it, whether it be Ford or Intel or ensure that Americans with mental ill- bill will address the fragmentation of whomever. Many of them include cov- ness will have equal access to mental the delivery system by providing in- erage already. But no more excuses. No health services. creased support to community mental more looking the other way. Unfortunately, the law enacted sev- health services. But this is a step we Frankly, in the State of the Senator eral years ago has now expired. Frank- should take and we should take it now. from New Jersey, in 8 or 9 years, there ly, everyone would agree that it in- I am proud of the leadership Senators will be new mental health facilities cluded some loopholes that allowed DOMENICI, WELLSTONE, and KENNEDY built. You are going to ask: Who built health care plans to evade many of its have provided to make sure that our this? We know not all are going to be goals. This amendment is designed to Nation has addressed this issue built by the Federal Government be- restore the law and to close those loop- through the years. It is imperative cause we don’t build them. We never holes. that we now bring to closure this de- did enough since John Kennedy decided Perhaps most importantly, the bate about parity by including this we should go another way with the amendment would ensure true mental amendment in this appropriations bill. mentally ill and try to be more hu- health parity by prohibiting inequi- The PRESIDING OFFICER. The Sen- mane. What is going to happen is pri- table copayments, deductibles, and in- ator from New Mexico. vate entrepreneurs are going to say, patient and outpatient visit limits for Mr. DOMENICI. Mr. President, before what is the insurance company going mental health services. the Senator from New Jersey leaves to pay when we take care of that de- These are real issues for real people the floor, might I say that there is no pressive person for a week? who are in these circumstances, not need to be personal about legislation, If they pay enough, they are going to unlike circumstances people might but I thank him for his comments. build the clinics just as they have built have with their physical health. We It is obvious that there are many who hospitals, just as they have built other know that people would not be tolerant have been here for a short time, such health facilities. As of now, nobody ac- of those kinds of activities. as the Senator, who already under- cepts the responsibility. Everyone These are commonsense proposals stand that we can’t go on as a nation wants to look the other way. I am which will make a real difference in fooling ourselves that schizophrenics grateful that Senators who have been people’s lives and I hope my colleagues are not sick, they don’t have a disease; here a while, such as this Senator, the will support them. that serious depression, which is now Earlier this year, many of us worked Senator who has just arrived, are all causing suicide in numbers that just go hard to pass a strong Bipartisan Pa- coming to the same conclusion this off the map, we can’t run around and tient Protection Act that would pro- afternoon. Perhaps by 6 o’clock we will say, well, for some reason, some pur- vide for strong health care protections have passed this bill. poses, it is an illness or a difficult dis- for all uninsured Americans, the Pa- It is very strange. It goes out in the ease, but for other purposes, well, in tients’ Bill of Rights. Many of these country. I have been working for it. I terms of whether they should have in- protections, however, will do nothing expect the debate to go on for a couple surance, we will look the other way for mental health consumers if group weeks. That isn’t going to happen. The and act as if it isn’t. health plans are allowed to continue reason it isn’t is because 67 Senators We have had Senators who under- discriminating between mental and signed this bill and we brought it up. I stand manic depression take the floor. other medical and surgical health care thank each one of them. Those are just two nice words. One I have a detailed statement that in- coverage. means high; one means low. But you Advances in medical research have cludes a number of approaches to this put that in the brain of a person, and it made great strides in our ability to issue, including an analysis and sum- treat mental illness. As a nation, we is not very normal. They have to be mary of what the New York Times need to make sure that our insurance sick, and they are diagnosable. They found when they analyzed mass killers. covers those advances. Without proper are treatable. But here we are, the mil- They analyzed 25 mass killers and coverage, the benefit of this research lennium is here, we are one year into found half of them had serious mental will be unable to reach those who need it, and some people would still say: illnesses such as schizophrenia. There it most. Let’s play like it ain’t so. Let’s just was no place to put them. They had As a country, I heard Senator wish it away. And certainly when it been put in jails. Cops had arrested WELLSTONE say, we lose $300 million in comes to health insurance, we just them. People had tried them on in pris- missed days of work, health care costs can’t. We have to leave things alone no ons. But nobody took care of them. and criminal justice costs in a given matter how backward it is, how dis- Then they ended up over in one of the year as a result of untreated mental jointed it is, how unreal it is. We just Texas cities killing all the people in illness. We simply cannot afford to do have to look the other way. that Baptist church. that. It is a simple cost/benefit equa- When will be soon enough? I think We find that half of the mass killers tion that tells us that we need to move now. I will tell the Senator, in order to in America are those kinds of people. forward on this. get it through here, we had to put it off There is no place to put them. Rel- It is overwhelmingly on the side of a year in terms of its effectiveness. I atives don’t know what to do. Neigh- making sure that parity is attended to. would like it to be effective as soon as bors say: Look at all this behavior. In attempting to find a treatment, it gets passed, but it won’t because we Isn’t it strange? We will call a cop. The those suffering with mental illness face wouldn’t have gotten a bill out of the third time the cop is called, he says countless obstacles, as we have dis- Senate that would be subjected to some don’t call anymore. What does that cussed over and over. This amendment technical objections. I shouldn’t say we person who is desperately ill do? would reverse those discriminatory wouldn’t, but it would be difficult. We We invite these kinds of murders and practices, ensuring that health insur- made a call and said that it is better 2 mass killings that occur in our coun- ance coverage is strong and fair. years from now than to leave it as it try. It is time to try something that I am pleased that my home State of has been forever. may give these sick people another op- New Jersey has enacted a mental So tonight you will be part of voting tion. health parity law, but, frankly, it does in an appropriations bill, and we will I have a quick set of facts about men- not go far enough and flat out excludes put on it covering the mentally ill of tal illness, the numbers on the kinds of children, our most vulnerable, from its this land with parity or nondiscrimina- mental illnesses that exist. I think it coverage. tion of health insurance. We are going will help Senators who want to read In addition, because of the ERISA to exempt some small businesses. the RECORD to understand the scope of preemption, not everyone in New Jer- Somebody will argue about that: Why this problem.

VerDate Mar 15 2010 04:06 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 S11176 CONGRESSIONAL RECORD — SENATE October 30, 2001 I ask unanimous consent that it be agreement that we now have, asked to of negotiation in the conference com- printed in the RECORD. be included as cosponsors. I ask unani- mittee, so that if we are to get this There being no objection, the mate- mous consent they all be added as co- matter into conference and have a con- rial was ordered to be printed in the sponsors. ference report, it is urgent that we pro- RECORD, as follows: The PRESIDING OFFICER. Without ceed at this time. QUICK FACTS ON MENTAL ILLNESS objection, it is so ordered. There is substantial funding for edu- Major Depressive Disorder—9.9 million Mr. WELLSTONE. I thank the Chair. cation, which has the consensus of the American adults age 18 and older suffer from Mr. President, I suggest the absence Senate. There is substantial money for this disorder in a given year; of a quorum. the National Institutes of Health, and Bipolar Disorder—2.3 million American The PRESIDING OFFICER. The the public interest requires that we adults age 18 and older suffer from this dis- clerk will call the roll. move ahead. If we do not finish our ap- order in a given year; The assistant legislative clerk pro- propriations bills, there is the possi- Schizophrenia—2.2 million American ceeded to call the roll. bility—or perhaps probability—that adults age 18 and older suffer from this dis- Mr. SPECTER. Mr. President, I ask order in a given year; and the bills that are unfinished will be Obsessive—Compulsive Disorder (OCD)—3.3 unanimous consent that the order for folded into a continuing resolution. million American adults age 18–54 suffer the quorum call be rescinded. That means that important funding from this disorder in a given year. The PRESIDING OFFICER. Without will not be provided. 16% of all inmates in State and local jails objection, it is so ordered. Again, on behalf of Senator HARKIN, suffer from a mental illness; 600,000–700,000 Mr. SPECTER. Mr. President, I com- my comanager, I urge our colleagues mentally ill individuals are booked into a pliment the Senator from New Mexico who have amendments to come to the jail every year; 25% to 40% of America’s and the Senator from Minnesota for floor. Perhaps Senator HARKIN would mentally ill will come into contact with the their advocacy on this amendment. As criminal justice system. like to italicize my urging. Suicide is currently a national public I commented earlier in the debate on Mr. HARKIN. Mr. President, I will re- health crisis, with approximately 30,000 this amendment, I have cosponsored spond to my distinguished ranking Americans committing suicide every year. the authorizing legislation for the past member, my friend, that I believe we Of the 850,000 homeless individuals in the two Congresses and had withheld co- are making some good progress. A United States, about 1⁄3 or 300,000 of those in- sponsorship of this amendment as a major amendment is being worked out dividuals suffer from a serious mental ill- manager of this appropriations bill right now. I hope we go to a voice vote ness. until I could see how it was going to be shortly. I only know of one other In the developed world, including the U.S., worked out. We are now in the process 4 of the 10 leading causes of disability for in- amendment that might be pending. dividuals over the age of five are mental dis- of working it out. I think we will be Quite frankly—hope springs eternal—I orders. In the order of prevalence the dis- successful, but it is still too early to think we might be through with this orders are major depression, schizophrenia, make a final commitment. shortly. bipolar disorder, and obsessive compulsive What is occurring here is on the scor- Mr. SPECTER. Is the Senator sug- disorder. ing for budgetary purposes, if it is on gesting that only one other amend- The direct cost to the United States per this bill, it is scored against this bill; ment is pending and we may be in a po- year for respiratory disease is $99 billion, and we are now up to the limit of our sition to go to third reading? cardiovascular disease is $160 billion, and fi- authorization. But we are now looking nally $148 billion for mental illness. Mr. HARKIN. I believe that might be into the remedy of having it scored in the case. People may want to go home EFFICACY OF TREATMENT another direction—that is technical— early tonight and have dinner with Treatment for bipolar disorders have an 80 and an amendment is now being pre- their families. percent success rate. pared that may cure that problem. It is Schizophrenia has a 60-percent success rate Mr. SPECTER. What time does he in the United States today if treated prop- not a commitment to cure the problem, think we might go to third reading? erly. but we will know shortly. Mr. HARKIN. It depends on how long Major depression has a 65 percent success In the interim, as a comanager of the it takes to work out this language. We rate. bill, I do not intend to raise any point are waiting for Senator DORGAN. He Compared to several surgical procedures: of order that this is legislation on an had an amendment. I saw him a minute Angioplasty has a 41-percent success rate. appropriations bill. Technically, that ago. Perhaps he will be out here short- Atherectomy has a 52-percent success rate. point of order can be raised. It does not ly. I don’t think that will take too Mr. DOMENICI. Mr. President, I have to be raised because of the dif- long. yield the floor. ficulties of getting Senate consider- Mr. SPECTER. Mr. President, we The PRESIDING OFFICER. The Sen- ation on this bill for a very protracted urge colleagues, if they have amend- ator from Wyoming is recognized. period of time. As the Senator from ments to offer, to come to the floor and Mr. THOMAS. Mr. President, I rise to New Mexico, Mr. DOMENICI, outlined, I do so now. support the Senator from New Mexico think it is not appropriate to raise a In the absence of any Senator seek- in his effort. I have been an original point of order that this is legislation ing recognition, I suggest the absence sponsor of the bill he has had. In years on an appropriations bill. At least I do of a quorum. past, I was chairman of this bill in Wy- not intend to raise that point of order. The PRESIDING OFFICER. The oming and worked on this for some This is a proposal that I believe has clerk will call the roll. time. As a good focus on rural health great merit. That is why I have cospon- The assistant legislative clerk pro- care is unique, this is another unique sored the authorization bill for the last ceeded to call the roll. issue with which we need to deal. I two Congresses. Mr. DURBIN. Mr. President, I ask urge support for the amendment. I At this time, I ask unanimous con- unanimous consent that the order for thank the sponsors for their efforts. sent that I be added as a cosponsor to the quorum call be rescinded. The PRESIDING OFFICER. The Sen- the Domenici amendment. The PRESIDING OFFICER. Without ator from Minnesota is recognized. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. WELLSTONE. I thank the Sen- objection, it is so ordered. Mr. DURBIN. Mr. President, I know ator from Wyoming for his support. It Mr. SPECTER. Mr. President, Sen- pending before the Senate now is land- means a lot. His voice is important. I ator HARKIN, the chairman of the sub- mark legislation. I commend my col- appreciate his mentioning that is not committee, and I are urging colleagues leagues, Senator PAUL WELLSTONE and something that only applies to metro- to come forward to offer amendments. Senator PETE DOMENICI, truly a polit- politan America; it is important in It is now 4:25. We have only had one ical odd couple, one from the State of rural America. I thank Senator amendment offered all day. It is very Minnesota and the other from New CORZINE as well. I will not take much important that we move ahead with Mexico, who have come together on time now. the disposition of this bill. this important cause, both under- Senator CORZINE asked that he be a Last year, we had the bill out of com- standing the importance of our matur- cosponsor of the amendment. I believe mittee on June 30 and it passed the ing as a nation when it comes to the Senators BYRD and STEVENS, with the Senate on July 27. Then we had months issue of mental health.

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11177 I am a strong supporter of the Mental five Americans has a mental disorder his job, ends up in the private insur- Health Equitable Treatment Act which in any one year. Fifteen percent of the ance market. She cannot even get into they are bringing to this legislation. I adult population use some form of a private health insurance plan because am pleased it is finally going to come mental health service during the year. the company, under the law today, can for a vote. I know those two Senators, Eight percent have a mental disorder. discriminate against her because she as well as Senators DASCHLE and KEN- Seven percent have a mental health had treatment for a mental health NEDY, have worked tirelessly to make problem. Twenty-one percent of chil- problem. this happen. I know advocates for the dren ages 9 to 17 receive mental health Individuals who seek insurance in the mentally ill have waited, frustrated services in a year. individual market are people such as and disappointed time and again, and The problem Mary Smith faced is, Mary who are in periods of transitional had hoped this day might someday under the current system of care in the employment, but they are also people come. I recognize it is equally impera- United States, individuals who are un- who are self-employed. They are family tive we do not threaten this bill’s pas- dergoing treatment or have a history farmers. I have many of them in my sage by attaching amendments that of treatment for mental illness may State. They are small business owners. may make it even more difficult in find it difficult, if not impossible, to They are recent college graduates who conference. obtain private health insurance, espe- lose coverage under their parents’ plan, With this in mind, I do, however, cially if they have to purchase it on and they are the children and spouses want to raise the subject of another their own and cannot rely upon group of self-employed people and those in amendment relating to mental health, insurance through an employer. transitional employment. and I ask my colleagues to consider it In part, this is a result of the Health Every person at risk, needing to buy in the context of the underlying Insurance Portability and Account- private health insurance, is subject to Wellstone-Domenici amendment. ability Act that protects millions of this discrimination. If they had been The issue I am about to discuss af- Americans in the group health insur- treated for a mental illness, they could fects literally thousands of Americans ance market and affords very few pro- run into the same experience Mary every single year. This amendment of tections for individuals who apply for Smith did. which I speak would be an improve- private nongroup insurance. Approxi- This type of discrimination is pre- ment on the bill we are currently de- mately 9.6 percent, or 26 million Amer- cisely why many Americans do not bating. However, I want to make it icans, are insured in this private seek treatment for mental illness. De- clear I will not be offering this as a sec- nongroup insurance market—26 million spite the efficacy of treatment options ond-degree amendment. I want to give people. and the many possible ways of obtain- to Senators WELLSTONE and DOMENICI A 1996 GAO study found that insur- ing a treatment of choice, nearly half every opportunity to bring their impor- ance carriers denied up to 33 percent of of all Americans who have severe men- tant bill through conference intact. Al- applicants for private health insurance tal illness do not seek treatment. They though I believe my amendment would because they had a preexisting health are not only concerned about the stig- be a worthy addition to theirs, I am condition, including, of course, mental ma in society, they are clearly con- going to save that cause until another health conditions. HIPAA provides few cerned about the discrimination which day. protections for individuals who apply is allowed under the law for those peo- ple who have turned for help. Let me talk about this amendment for insurance in the individual insur- This reluctance to seek care is an un- and why I would have brought it to the ance market. Individuals without at floor. Some time ago I received a letter fortunate outcome of very real bar- least 18 months of prior continuous riers. Foremost of these is the stigma from a constituent in Illinois who in group coverage are not protected that many in our society attach to the 1980s suffered severe depression and against discrimination and red lining. mental illness and to people who have received the kind of treatment which This issue is not about parity. It is not it. How many of us, or our family mem- allowed her to return to work. I will about mental health benefits. It is bers or friends, have thought about call her Mary Smith. At the time, about discrimination. It is about red what might happen if we went to seek Mary had employer-sponsored health lining. therapy for anxiety, depression, or insurance through her husband’s job, Mary Smith was being told she could even marriage counseling? It is uncon- but in the fall of 1998 Mary and her hus- not get any health benefits, not just scionable that persons should have to band lost this employer-based insur- mental health benefits. She was denied consider not being able to get health ance coverage when her husband lost all health insurance coverage because insurance coverage because they did his job. many years before she had successfully the right thing and were treated for a Mary applied for comprehensive treated a condition of depression. She mental condition. health insurance plans offered to indi- was not eligible to get hospital cov- Repeated surveys have shown that viduals. Her application was declined erage if she needed surgery. She was concerns about the cost of care are because, as the insurance company not eligible for preventive care, such as among the foremost reasons that peo- noted, ‘‘Due to her medical history of a flu shot. She was not eligible for a ple do not seek care. depression she did not meet the com- doctor’s visit. Had she become injured My amendment prohibits insurers pany’s underwriting requirements.’’ or ill, she would have received no care. from charging persons with preexisting Mary was turned down for health in- Efforts to improve health care parity health conditions higher premiums. surance due to a medical history of de- have focused on providing equality be- This is because insurers use higher pre- pression. She wrote me, and this is tween mental health covered services miums to keep certain people locked what her letter said: and other health benefits, and I salute out of the plan. As I see it, we are being punished for ac- Senators WELLSTONE and DOMENICI for The GAO interviewed one insurance cessing health care. In 1987, when I was clini- their leadership. These efforts are very carrier in my home State of Illinois cally depressed, I could have chosen to avoid important, and I strongly support which only charges 2 to 3 percent of its proper medical care, become unemployed and them. received Social Security disability. I did not. enrollees a nonstandard rate, but the I obtained the help I needed and continued to Parity will not help individuals who rate they charge is double the standard support myself, my family and contribute do not have access to any affordable in- rate. positively to society. Depression is a treat- surance coverage due to preexisting In some States, including Illinois, able medical illness. Insurance companies mental illness discrimination. Think of high-risk pools have been created to must stop their indiscriminate denial of this that for a moment. We are saying if act as a safety net to ensure the unin- coverage. you cover a person for other illnesses, sured have access to coverage. These Sadly, Mary Smith is not alone. Each in the Wellstone-Domenici amendment, safety nets are often expensive. For year more than 50 million adults in the you also have to provide mental health Mary Smith, this safety net would United States suffer from mental ill- protection as well. I believe that is have cost her and her husband $700 a ness, 25 percent of our adult popu- sound. month for health insurance. They are a lation. Some 18 million Americans are Mary Smith never reaches that great deal for insurers; all sick people affected by depression annually. One in point. Mary Smith, whose husband lost are in one pool.

VerDate Mar 15 2010 04:06 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 S11178 CONGRESSIONAL RECORD — SENATE October 30, 2001 Risk pools undermine the underlying illness unless a diagnosis, medical ad- How can we stand by as a nation and function of insurance to include a vice, or treatment was recommended or allow this kind of discrimination broad pooling of risk. They relieve in- received within the 6 months prior to against people who are no more guilty surers of responsibility. the enrollment date. Health plans can of their condition than a person is Mental disorders impose an enormous exclude coverage for mental health guilty for the color of their eyes? It is emotional and financial burden on ill services but not for more than 12 something God has sent to them. In individuals and their families. And months. The exclusion period must be this situation I think we should con- when they go untreated, costs escalate. reduced by the total amount of pre- sider the passage of legislation which Mental disorders are costly for our Na- vious credible insurance coverage. would prohibit this discrimination tion in reduced or lost productivity and It also prohibits plans in the indi- once and for all and make certain, as in medical resources used for care, vidual market from charging higher the underlying Wellstone-Domenici treatment, and rehabilitation. premiums to individuals based solely amendment, this amendment would The National Institute of Mental on the determination that such an in- say we are going to treat mental ill- Health estimates the annual cost of un- dividual had a preexisting mental ness in the 21st century much dif- treated mental illness exceeds $300 bil- health conditions. It defines a pre- ferently than we have in years gone by. lion, primarily due to productivity existing mental health condition as in- I thank you for the floor and I sug- losses of $150 billion, health care costs cluding all clinical disorders and per- gest the absence of a quorum. of $70 billion, and societal costs of $80 sonality disorders diagnosed on Axis I The PRESIDING OFFICER. The billion. or Axis II of the most recent edition of clerk will call the roll. Two years ago the Surgeon General the American Psychiatric Associa- The assistant legislative clerk pro- issued a report on mental health. The tion’s Diagnostic and Statistical Man- ceeded to call the roll. report concludes that a broad range of ual of Mental Disorders. This broad Mr. SPECTER. Mr. President, I ask treatments of documented efficacy ex- definition would include mood, anx- unanimous consent that the order for ists for most mental disorders. iety, eating, sleep, and adjustment dis- the quorum call be rescinded. Diagnoses of mental disorders are as orders, clinical disorders such as men- The PRESIDING OFFICER. Without reliable as those of general medical dis- tal retardation and autism, cognitive objection, it is so ordered. orders. In fact, the success rate of disorders such as amnesia and demen- Mr. WELLSTONE. Mr. President, I treatment for disorders such as schizo- tia, and sexual and gender identity dis- ask unanimous consent that Senator phrenia is at 60 percent; depression, 70 orders. DASCHLE be included as a cosponsor of to 80 percent; and manic disorder, at 70 These provisions apply to all health this amendment. to 90 percent, surpassing those of other plans in the individual market, regard- The PRESIDING OFFICER. Without medical conditions. Heart disease, for less of whether a State has enacted an objection, it is so ordered. example, has a treatment success rate alternative mechanism, such as a risk Mr. WELLSTONE. Mr. President, of about 50 percent. pool, to cover individuals with pre- since there was news today that Dr. Here is what we know: We know men- existing health conditions. Hyman is stepping down as Director of The amendment does not mandate tal health is fundamental to our the National Institute of Mental that insurers provide mental health health. We know millions of Americans Health, and since I believe we are going services if they do not already offer suffer from mental illness. We know to pass legislation on antidiscrimina- such coverage. It does not prohibit treatment exists for mental illness. We tion in mental health coverage which health plans from establishing a wait- know the treatment works. We know, will be landmark and will make a real ing period for mental health services despite the efficacy of treatment op- difference in the lives of people—and I for individuals with a preexisting men- tions, nearly half of Americans who have spoken plenty about the amend- tal health condition of up to 12 months. have mental illness do not seek med- All we are trying to do is to ensure ment already—I wanted to thank Dr. ical care. We know that reluctance to that if you should go to a therapist or Hyman for all of his leadership. He has seek care is a result of real barriers, in- a psychiatrist or a psychologist or seek been an exceptional director. cluding stigma, discrimination, and of other mental health services, you do I have had a chance to work very course financial obstacles which are not have to worry that you or your closely with him through Ellen treated by the Wellstone-Domenici family will not be able to get health in- Gerrity, a fellow in my office. We are amendment. We know mental disorders surance because you asked for help. It lucky enough to have her working with impose an enormous emotional and fi- simply does not make sense, just be- us. She worked for the IMH. I think Dr. nancial burden on sick individuals and cause a person seeks treatment for Hyman has done a good job, along with their families and that untreated men- mental illness, he or she is rendered Dr. Satcher, who is Surgeon General. tal illness is costly for our Nation in uninsurable. He has done magnificent work. The two lost productivity and medical re- I hope my colleagues will join me in of them have done perhaps the best job sources. We know the private insurance this important initiative to ensure we have seen in the history of our system perpetuates barriers, reinforces that such individuals are not discrimi- country of providing an education for stigma, throws up financial roadblocks, nated against when applying for health people in the country. So much of men- and undermines the health of millions insurance coverage. It is just the right tal illness is a brain disease. It can be of Americans who do the right thing thing to do. diagnosed. It is very treatable. and seek treatment. Mary Smith’s letter is one of many That is the good news. The bad news The amendment I was prepared to we receive in our Senate offices. I am is there is a huge gap between what we offer today, because of Mary Smith, glad we picked this one and read it know and what we don’t know. We are would try to do the right thing. It is carefully and closely. I thought for a trying to close that gap—not all of it common sense. It doesn’t cost any- moment about how we could help this but a good part of it—with this piece of thing. It does not solve all the inequi- woman who did the right thing. Faced legislation. ties that individuals with mental with a mental illness, she went to a I thank Dr. Hyman. He is one of the health conditions face. But it does re- doctor, and having gone to that doctor people I have had a chance to work move one of the many barriers to her life has improved. She stayed on closely with in Washington. He is a health care faced by those who have the job and had a much better life. She good example of someone who, with a been treated for a mental condition. I could have applied for a government highly developed sense of public serv- think there is no more appropriate con- program and didn’t do it. She wanted ice, has made a huge difference. text in which to address this than a pa- to stay in the workplace. Little did she I thought I would use this oppor- tient protection act. know that a few years later when her tunity to thank Dr. Hyman and wish This amendment prohibits any husband lost his job, the fact that she him the very best as he moves on to be, health insurer that offers health cov- was successfully treated for depression as I understand, provost at Harvard erage in the individual insurance mar- would ultimately mean they could not University. ket from denying an individual cov- buy health insurance in the private We have had a number of Senators— erage because of a preexisting mental market. I don’t need to speak more—who have

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11179 come to the floor and have spoken. I It has been the citizen politics, the The PRESIDING OFFICER. The Sen- think what they have said is not only citizen lobbying that has led to the re- ator from Texas. significant, but the way they have said sult of—we have a dispute as to wheth- Mr. GRAMM. Mr. President, I rise to it is significant. er it is 65 or 67 Senators who now sup- speak on the pending Domenici amend- Senator DOMENICI always speaks port this. This piece of legislation ment. I am opposed to the Domenici about this issue with a tremendous passed out of the HELP Committee on amendment. I am not going to force amount of eloquence and a lot of a 21–0 vote. We made some com- the Senate to vote on it this afternoon. knowledge. His wife Nancy Domenici— promises, but it is still an enormous I think it is clear where the votes are, I don’t think he would be offended if I step forward. I do not think it would but I want to explain the issues. I want said it—is probably every bit the leader have happened without the citizen poli- to raise the issues in this debate so he is. I don’t want to say more, but she tics. that they can be looked at by the is every bit the leader he is. I say to the Presiding Officer—be- House. We have two Senators out here man- cause we both represent the State of I believe, based on what I have been aging the appropriations bill who want Minnesota—we represent a State that told, the administration is opposed to to move us forward. After we have done is a model State, as we are in many the amendment. There is also a point the work to make sure we deal with ways, but we passed full parity for both of order against the second-degree rule XVI and germaneness—and we substance abuse addiction, which I amendment that will be offered direct- have done a lot of work on the budget think is terribly important—and I ing scoring. That point of order will lie point of order—I think they have been think that is the next piece of legisla- against the conference report if the bill very gracious in letting us go forward. tion on which we ought to work—and comes back from conference with the Senators HARKIN and SPECTER are very mental health and, by the way, with directed scoring provision in it. I want supportive of this piece of legislation. very little cost but with great benefit. to reserve my right to raise that point Senator THOMAS from the State of Wy- The estimates of the amount of of order at that time. oming came and spoke. money we have saved in our State for I want to be brief, but let me basi- It reminds me of 1996, I think it was, people who now get the treatment and, cally explain what we have here. What when we passed partial legislation. I therefore, are productive and go to we have is an amendment that imposes remember Senator Simpson came out work or do well in school and do well in a new mandate on the private sector of on the floor and spoke about a tragedy their families verses what was going on the economy. That mandate is a man- within his own family. I believe it was before is just stunning and important. date where we decide what kind of a niece who took her life at a young The problem is because of ERISA, a lot health insurance Americans should age. Senator CORZINE came out on the of the self-insured plans are not cov- have, and they are going to have it floor and made it very clear that this ered, so we still have 50 percent of the whether they want it or not; and we issue means a great deal to him. people not covered and, thus, the need are going to override some 70 years of Senator REID spoke about his own ex- for national community regulation. negotiations between private employ- perience, that his father took his life. But I thank a lot of the people in ers and private employees as to what Senator HARRY REID has been abso- Minnesota who both the Presiding Offi- lutely, in his own very quiet way, per- their health insurance looks like. cer and I know well; and certainly We are going to mandate that if a haps the most powerful Senator, in a Sheila and I have gotten to know them positive way, on the whole issue of company provides health insurance very well because we have had so many that has any mental health provisions treating depression than anybody in meetings with so many people. in it, those benefits have to be treated the Senate. I mentioned the Kluesners earlier, the way benefits are for physical Senator KENNEDY came out and Mary and Al Kluesner. I mentioned the spoke. He has devoted a good part of Westins. But there are so many others health or else the company may be pro- his career to this issue. He is the who have met with us, who have met in hibited from providing the policy. The Congressional Budget Office, in health care Senator, but, actually, long public. There have been so many pic- looking at this mandate, has estimated before we had this kind of coalition— nics on our lakes that I have attended that what will happen is, premiums and we have 150 organizations sup- with people. There are so many people porting this piece of legislation. We who have told their own stories. They will go up, some companies will drop have organizations such as the Na- have made a huge difference. mental health coverage altogether, and tional Mental Health Association and So again, colleagues, we have 65 or 67 others will continue to provide it under NAMI—the National Alliance for the Senators who support this measure. It these new circumstances. Remarkably, Mentally Ill—that deserve a lot of is strongly bipartisan. We now have the they estimate that the adoption of this credit, along with the whole coalition. support of the chair and ranking chair amendment, over a 5-year period of im- If I went through all 150 organizations, of the Appropriations Committee, and plementation, will drive up costs on it would take a lot of time. But I per- the chair and ranking chair of the the private sector of the economy by sonally think Senator KENNEDY de- Budget Committee. We have the whip $23 billion. So we are about to impose serves a great deal of credit for being who has spoken, and Senator DASCHLE, $23 billion in costs on the private sec- willing to light a candle a long time the Senate majority leader, who has tor of the economy because we think ago to speak to this awful discrimina- asked to be a cosponsor. We have 150 we know better what private health tion. organizations: Religious, children, contracts, negotiated between employ- I also thank all of these different or- labor, and health. ers and employees, ought to look like. ganizations because the truth is, when We are close to adopting an amend- There is a budget problem here be- we started out on this matter over a ment that I believe we can keep in con- cause the Congressional Budget Office half a decade ago, it was then an ference. I am not trying to be coy, but estimates that by paying the $23 billion issue—it still is an issue of discrimina- I think if I had to have somebody in in additional health insurance pre- tion—but the problem was there was my corner, I would want TOM HARKIN miums, that American industry and not exactly a political constituency more than anybody else. He chairs this agriculture will end up paying lower that had any real clout. Then I think committee. If I had to have one person wages than they would have paid, and what has happened in the last 6, 7, 8, 9 to fight for me, he would be the one. that we will collect, over a 10-year pe- years is that a lot of families have said: So I thank colleagues. We may have riod, over $5 billion less in taxes be- We are the ones who struggle with this a lot more debate yet, but I think we cause of this amendment. illness—or we have a loved one who are going to take this journey. I be- The distinguished chairman of the struggles with this illness—and we lieve we are going to wind up in a good Budget Committee informed the Sen- refuse to be treated as men and women place where we are going to make our ate that he would charge, in future of lesser worth. We are men and women country better. We are going to make budgets, that $5 billion against the Ap- of worth and dignity. We struggle with our country better by passing this. propriations Committee if the amend- an illness just as any other illness. We I see other colleagues in this Cham- ment were adopted. are going to be advocating for our- ber, so I do not want to take any more We are now, as I understand it, in the selves. time. I yield the floor. process of writing an amendment that

VerDate Mar 15 2010 04:06 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 S11180 CONGRESSIONAL RECORD — SENATE October 30, 2001 says that for the purposes of the budg- I simply have to say, I would be happened. For a lot of companies and a et, even though this amendment will ashamed of this amendment. This is lot of employers, it is a very attractive cost over $5 billion, we are not going to bad law, bad principle, and bad prece- proposition to offer this coverage be- count it. dent. cause families are crying out for it. Without going on and on, let me raise If I thought we had more than 15 peo- As to the second point, that the the list of particulars. No. 1, who are ple who would vote against it, I would money is not going to be spent, we are we to be telling American workers and demand a vote. I would be happy for not saying that there isn’t going to be American business what kind of health the world to know I am against it. I the expenditure of money. We are say- insurance benefits they should have don’t want to put my colleagues on the ing it is not going to lie against this and how that package should be made spot, but I am hoping that the House bill. We are going to handle this just as up and what they should choose? What will not accept this amendment. The anything else we do. We paid for the about workers who would rather have Senator who offered the amendment, 5 tax cuts. We will pay for this. higher wages than to have this new or 6 years ago, had a similar amend- I yield the floor. benefit that we are deeming to be in ment that cost only $300 million a The PRESIDING OFFICER. The Sen- their interest? year. Rather than extending that, we ator from Texas. What about the $23 billion of cost are adding a full-blown mandate on the Mr. GRAMM. Mr. President, I will be brief. I am reading from the Congres- that we are going to impose on the pri- private sector. vate sector? I know the amendment is I am hoping something can be sional Budget Office cost estimate of written so it does not start until 2003. worked out. I hope we will not have di- August 22, 2001. The Congressional The point is, that is $23 billion of cost rected scoring. We ought to pay for Budget Office estimates that the pro- posal will reduce Federal revenues in over a 5-year period that will be borne this in appropriations if we are going the initial year by $230 million and $5.4 by the private sector, $23 billion that to do it. could have gone to create more jobs, Finally, I am hoping the administra- billion over a 10-year period. That was more growth, more opportunity. tion and the House will not go along the number I was using. I think there is no question about the I simply raise two questions regard- with this amendment. fact that one of three things will hap- ing the $5 billion of lost tax revenue be- I am sorry to have taken people’s pen. From my point of view, they are cause companies, as estimated by CBO, time. But I wanted to come to the all bad. will pay lower wages when they are Chamber and basically outline what is mandated to pay for these benefits: No. 1, some people will lose health wrong with this amendment, and what coverage they already have because the first, what about workers that would is wrong with the procedure that we rather have those wages than the ben- company, in trying to escape the $23 are following by directed scoring when billion of cost over 5 years, can simply efit? Shouldn’t they have a choice, or we say we know it is going to cost $5 are we granted such wisdom that we drop mental health coverage. That is billion but we have decided that we are bad. make the choice for them? going to pretend that it doesn’t. We are Second, if it is going to cost $5 bil- No. 2, the company can simply decide going to charge it against mandatory lion, have we not made an absolute to not provide health insurance at all, spending. mockery out of the budget process, which is perfectly legal. That is also In any case, I hope it will be fixed. It made it a complete fraud by passing a bad. should be fixed. This is bad policy. It law that says, yes, it costs $5 billion, Then third, if companies lower wages sets a bad precedent. but we are going to pretend that it or if wages don’t grow as much as they I yield the floor. does not cost $5 billion? would have grown because these higher The PRESIDING OFFICER. The Sen- That is basically the proposition that premiums have to be paid, for many ator from Minnesota. is before us. We are going to say, if you workers that is bad because there are Mr. WELLSTONE. I will respond very are going to provide mental health cov- obviously many who would rather have briefly, as one of the co-managers of erage, you have to provide it on par that income than to have the coverage, the amendment. I thank the Senator with physical health coverage or you and we are making the decision for can’t provide it. from Texas. I actually don’t mean that them. The logical question is, isn’t that as sort of fake Senatorial courtesy. He I respect the opinion of my colleague something that people should decide has intellectual integrity, and I under- from Minnesota, who is for this benefit, about their own insurance? Isn’t that stand exactly what he is saying. but all I am saying is he may think it the same decision that people make, in Two quick points I will say to him: is a great idea, but there are probably deciding do they want a new refrig- There is an argument on the CBO scor- a lot of working people in America who erator, or do they want to send Johnny ing of $1.3 billion over 10 years. I say to would rather not risk that coverage, or to college. They have tradeoffs on my colleague, I would challenge that. I would rather keep the mental coverage which they have to make hard deci- believe Senator DOMENICI would as they have, or would rather have higher sions? What about the people who are well. He is in a markup right now on wages. going to lose income? We are going to another bill. Finally, is the question about how we lose $5 billion in taxes over a 5-year pe- I understand my colleague is going to are going to do the budget. It seems to riod. What about the people who lose reserve final judgment on the con- me that is a point where clearly—and I billions of income? ference report, but the quarrel I have don’t know the argument on the other Maybe they would have wanted to with it is with the assumption. The as- side, other than the Appropriations spend on it something that would have sumption that CBO is making, not $5 Committee doesn’t want to be saddled had greater value to them. Maybe no- billion, $1.4 billion over 10 years, the with the cost of paying for this pro- body cares whether they could have assumption that is being made is that gram, which they view as a rider to the spent those billions better because we with the mental health coverage end- appropriations process, which I under- are going to spend it for them. ing the discrimination, that what em- stand—that the taxpayers are going to Then the question becomes, if we are ployers will do is, therefore, in order to be saddled with the costs. Somebody is going to spend it, instead of being hon- make up the cost, which CBO, by the going to have to end up paying that est about it, we are simply going to way, said is minuscule, less than a 1 $5.4 billion. pass a law that says, it costs $5 billion, percent increase in premiums, will cut I yield the floor. everybody knows it costs $5 billion, wages for employees. That is the as- The PRESIDING OFFICER. The Sen- and there is no debate about it costing sumption. And then, with less wages, ator from Minnesota. $5 billion. But so that we don’t have to there will be less that will be contrib- Mr. WELLSTONE. Mr. President, worry about it, we are going to pass a uted to Social Security. again, I appreciate what my colleague law that says, while it costs $5 billion, For the record, I would challenge said. Initially, I was talking about the for budgetary purposes, we are going to that assumption. I will challenge that Social Security cost, not the overall act as if it doesn’t cost $5 billion so we assumption on the basis of what we cost. We have been very clear about the don’t have to count it against appro- have seen in States that have the men- fact that it would require some invest- priations in the future. tal health parity where that has not ment of resources. The fact is, I again

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11181 say to my colleague from Texas, there General, Missouri complied with the Rather, HCFA—and now CMS—ap- are plenty of examples of States that federal law by enacting the Federal Re- pear to believe that the State, under have moved forward. Quite to the con- imbursement Allowance Program law. the leadership of then Governor trary of wages going down, people have This law created a tax on hospitals, but Ashcroft, made a collusive arrange- been supportive of it because this is contained no ‘‘hold harmless’’ provi- ment with health care providers. CMS not a small thing. This affects about 50 sion. Governor Ashcroft signed the bill has suggested that state officials ille- million adults in the country. Depres- into law. Governor Carnahan continued gally agreed that each hospital would sion alone affects 18 million. the program, and Governor Holden is get back in Medicaid reimbursement at The reason we have 150 organiza- continuing it. least the amount it paid in taxes. tions—religious, labor, law enforce- For almost a decade, the program has Missouri strongly disputes the alle- ment, children, you name it—and the been operating under the auspices of gation that there is a hold harmless ar- reason we have 65 Senators on this bill HCFA now CMS. During this time, 100 rangement between the State and its is that they have heard from people percent of the revenues generated by hospitals. And, in fact, the Federal across the country, including Demo- the tax have been dedicated to Mis- Government has never provided Mis- crats, Republicans, and others, who souri’s Medicaid program. The program souri with a shred of evidence that have said this is what happened to me has made Missouri a national model for state officials engaged in illegal collu- and my family because of the discrimi- using Federal, State, and private re- sion with the hospitals. I repeat, not a nation and because there is no cov- sources to provide health care to as shred of evidence. erage. many needy citizens as possible. Instead of proving its case, HCFA This long-standing and legal tax has If a health care plan is going to have continues to complain about the pro- assisted Missouri in creating a strong mental health coverage, it ought to be vider tax, threaten Missouri with legal healthcare safety net for its children, treated the same as any physical ill- action, and uses bureaucratic leverage pregnant women, and most vulnerable ness. It is a matter of discrimination, to force Missouri to change its incred- of basically civil rights. Ending the seniors. Much of Missouri’s success can be at- ibly successful program. discrimination and making sure people Mr. President, this is truly a case of get coverage is what this is about. tributed to expanded enrollment of eli- gible citizens in Medicaid. During the form over substance. Missouri has cre- I yield the floor. ated a program that pumps millions of The PRESIDING OFFICER. The Sen- 1990’s, the number of Missourians cov- ered by Medicaid more than doubled, dollars into health care coverage for its ator from Missouri is recognized. citizens. Missouri then distributes tax Mrs. CARNAHAN. Mr. President, the increasing from 364,000 in 1990 to 839,000 in 2001. dollars to health care providers accord- attacks against America have unified ing to a state formula, which everyone our nation. There is a new spirit of bi- The number of children enrolled in Medicaid has grown at an even faster agrees is consistent with Federal law. partisanship, of civility, and of com- rate, increasing from 180,000 in 1990 to Yet, a set of health care bureaucrats mon purpose. in Washington seek to destroy this pro- Republicans, Democrats, and Inde- 474,000 in 2001. An important step in covering more gram. Why? Because they have a pendents are working together with children was the enactment of the hunch—without any concrete evi- the President to expedite legislation State’s Children’s Health Insurance dence—that the people who designed important to our efforts at home and Program, also known as MC Plus. the program almost 10 years ago, se- abroad. Contentious issues have been Under the leadership of Governor cretly conspired to circumvent the set aside, in order to focus on the Carnahan, MC Plus was designed to technicalities of federal law. This is a issues that unite us. cover children up to 300 percent of the case of bureaucracy run amok. Thus, it is with disappointment that poverty level. It is a national model. Ironically, this is the same agency I feel compelled to come to the Senate Due to MC Plus, parents who were that has recently changed its name so floor today to discuss a dispute be- working, but did not have access to to shed its image that it cares more tween the State of Missouri and the health insurance through their em- about rules and regulations than peo- Health Care Financing Agency (HCFA) ployer, could now provide this precious ple. As a matter of fact, this adminis- now known as the Center for Medicare resource to their children. tration announced when it took office and Medicaid Services, or CMS. The MC Plus program has made a dif- that it would measure performance by The details of the dispute are com- ference in the lives of 75,000 children in plex, but the consequences are enor- looking at health care outcomes, not Missouri. by compliance with bureaucratic re- mous. At stake is the health of Mis- This combination of initiatives has souri’s children, seniors, and other vul- quirements. sharply reduced the number of Mis- Nonetheless, it is this administration nerable citizens. souri citizens that lack health insur- The subject of this dispute is Mis- that is now threatening to take action ance. Between 1996 and 1999, the per- against the State of Missouri. It is souri’s provider assessment program, centage of uninsured in Missouri doing so even when there can be no which is a tax on hospitals. dropped by more than one-third, falling doubt that our program is working to States use the money generated from from 13.2 percent to 8.6 percent. In 1999, provide better health care to kids, to these taxes as their ‘‘match’’ for fed- Missouri has the fourth lowest percent- seniors, and our most needy citizens. eral Medicaid dollars. Medicaid funds age of uninsured citizens in the coun- are then paid out to providers accord- try. Of course, the timing of this threat- ing to formulas established by state These tremendous accomplishments, ened action could not come at a worse law. however, could be in jeopardy from a time. Our economic downturn is caus- Over a decade ago, Congress became bureaucratic squabble over the tech- ing a great deal of distress in our com- concerned that states were using pro- nicalities of Missouri’s provider tax. munities. We are seeing significant job vider taxes improperly to increase the For many years, HCFA has com- losses. State revenues are declining, federal contributions to Medicaid pro- plained that the manner in which Mis- and at the same time our citizens’ grams. In response, Congress enacted a souri’s provider tax revenues are dis- needs are increasing. law in 1992 that placed limitations on tributed to health care providers vio- Why, I ask, at this time of national provider assessment programs. lates federal law. During this entire pe- emergency, would the administration One specific limitation is that a pro- riod, HCFA has been threatening to choose to attack a successful program vider assessment must not contain a terminate the program and recoup $1.6 that has provided health care security ‘‘hold harmless’’ provision. This means billion from the State. Such action for so many? that states may not guarantee that a would devastate Missouri’s health care And why would the administration hospital will receive back from Med- program. want to divert the State’s attention icaid the amount of funds it paid to the Let’s be clear about what is in dis- from the task of helping Missouri get state in provider taxes. pute. HCFA has never alleged that the through this economic downturn? In 1992, under the leadership of Gov- provider tax itself contains a ‘‘hold There really are no good answers to ernor John Ashcroft, now the Attorney harmless’’ provision. these questions.

VerDate Mar 15 2010 04:06 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 S11182 CONGRESSIONAL RECORD — SENATE October 30, 2001 Senator BOND and I, Governor Hol- as transitioning to managed care, compensation for the provider taxes by den, and other Members of the Congres- reaching out to Missourians who are el- the facilities that receive the reim- sional delegation are unified in opposi- igible but not yet enrolled in the pro- bursement. tion to the threatened CMS action. I gram, and providing adequate payment This is a unique setup in which the strongly urge Secretary Thompson, to health care providers who care for State sends Medicaid payments for CMS Administrator Scully, and other Medicaid patients. It has had to deal some hospitals to a subsidiary of HMA, leaders in the administration to exam- with a number of important challenges the hospital association, which then ine this issue with great care before presented at the Federal level as well. acts as an agent in distributing the taking an action that would cause so Not the least were efforts by Congress, funds. much harm to our State. attempted in both 1995 and 1997, but The CMS concerns about the Mis- Mr. President, I stand here with my foiled by me and other legislators and souri situation center on this arrange- fellow Missouri Senator to draw aware- people in similar circumstances in ment, and we have reason to believe ness to this important issue. I hope other States, to limit States’ abilities they were on a course to attempt to that CMS understands that we intend to make disproportionate share hos- seek $1.6 billion in repayments. This to take aggressive action to protect a pital payments to safety net hospitals. would be an enormous sum for the Mis- highly successful program in Missouri. Another challenge has been to ex- souri Medicaid Program whose annual Mr. BOND. Mr. President, this is an pand coverage to children in working budget in 2001 was only $3.5 billion, in- issue that I brought to the attention of poor families as called for by the cre- cluding both Federal and State funds. If this action were to be taken, it the chairman and ranking member of ation of the Children’s Health Insur- would devastate the Medicaid Program the Appropriations Committee when ance Program, or CHIP. I was an early we marked up this bill in committee. I of the State of Missouri and the care it supporter of this program and its ef- currently provides for over 479,000 chil- have been working over the past few forts to expand coverage for low-in- years to protect the Missouri Medicaid dren, 21,000 seniors in nursing homes, come children. Missouri achieved this and close to 30,000 pregnant women. program from the devastating impact as part of its 1997 Medicaid waiver of a potential recoupment of almost $2 That is absolutely unacceptable, and which is now in effect. that cannot go forward. billion. Confronted with such a recov- In addition, in 1999, under the pre- ery—or even a fraction of that The State of Missouri already faces vious administration, the Centers for huge budget shortfalls due to over- amount—Missouri would inevitably be Medicare and Medicaid Services, CMS, forced to cut back on its Medicaid pro- spending and, in the near term, will then called the Health Care Financing have difficulty even in maintaining the gram, putting health care for many Administration, HCFA, initiated an in- Missourians in jeopardy. I am hopeful current programs and services which vestigation of the Missouri Medicaid are so vitally needed. If CMS were to that the State of Missouri and CMS Program. can work together in good faith to find succeed in taking these funds back, Since HCFA began the process, CMS Missouri’s Medicaid Program and over a resolution that protects the care that has carried on this effort, moving down 800,000 people currently served could be the Missouri Medicaid program pro- the path to contend that Missouri may grievously harmed. vides to 479,091 children, 21,517 seniors owe the Federal Government portions I come to the Chamber today with in nursing homes, and close to 30,000 of the Medicaid funding the State re- my colleague from Missouri to raise pregnant women across the state. ceived beginning in 1992 based on con- this issue for the Senate. We have en- Mr. HARKIN. I appreciate and thank cerns about whether the tax imposed tered into a colloquy with the man- Senator CARNAHAN and Senator BOND on hospitals and nursing homes by the agers of the bill because we believe, as for bringing this important issue to our State of Missouri to help finance the a result of raising this issue when we attention. I am concerned that at- Medicaid Program actually complies discussed it in the Appropriations Com- tempts to recoup Medicaid dollars from with Federal law. mittee markup, that we started the their state could jeopardize the health We all know that many States prior process of bringing the State of Mis- care it provides for hundreds of thou- to 1992 tried to squeeze extra Federal souri and CMS together in good faith sands of children, senior citizens, and funding by taking or accepting money negotiations on the issue. pregnant women. from health care providers, essentially We strongly urge them to come to a Clearly, our first priority has to be resolution that meets CMS’s concerns the beneficiaries of the Medicaid pro- nursing homes and hospitals, in order to inflate artificially State level med- but that protects the integrity of Mis- gram. At this time of economic uncer- souri’s Medicaid Program and the care tainty, the last thing this Government ical spending and, thus, increase the Federal share of costs in the joint it provides to some of Missouri’s most should do is put our most vulnerable vulnerable citizens. citizens at greater risk. State-Federal Medicaid Program. In 1991, of course, Congress passed I appreciate the time of the Senate, Again, I thank the Senators from the and I appreciate the understanding of State of Missouri for raising this issue, the law to outlaw these contributions and to establish strict new controls on the managers of the bill. My colleague and I look forward to working with from Missouri, Senator CARNAHAN, and them on this matter. provider taxes. This law imposed a re- quirement on States that provider I look forward to seeing a successful Mr. SPECTER. I thank my col- resolution that will take care of the leagues from Missouri for bringing this taxes be uniform and broad based, and it prohibited States from instituting concerns of CMS, but also not take important issue to the Senate’s atten- away the vitally needed Medicaid sup- tion. I support their efforts and encour- hold harmless Medicaid schemes in which payments to a health facility, port for needy children, for the seniors age CMS to work in good faith with the in nursing homes, and for the pregnant State to find a resolution to this mat- particularly including DSH payments, were directly or indirectly related to women. ter that allows Missouri to continuing I thank the Chair. I yield the floor. making progress in providing health the amount of provider tax a facility The PRESIDING OFFICER. The Sen- insurance to its citizens. pays. ator from West Virginia. The State of Missouri believes it is Mrs. CARNAHAN. I thank Senator AMENDMENT NO. 2035 TO AMENDMENT NO. 2020 fully in compliance with that law. CMS HARKIN and Senator SPECTER for their Mr. BYRD. Mr. President, on behalf disagrees. Missouri does impose a tax support on this issue. of the distinguished senior Senator on hospitals and nursing homes to fi- The PRESIDING OFFICER. The sen- from Alaska and myself, I send an nance a State’s share of Medicaid ex- ior Senator from Missouri. amendment to the desk. Mr. BOND. I thank the Chair and my penses, but the State insists the tax is The PRESIDING OFFICER. The colleague, Senator CARNAHAN. We have uniform and broad based. clerk will report. talked about this a great deal. Over the Furthermore, the payments the The senior assistant bill clerk read as last decade, Missouri’s Medicaid Pro- State makes to Medicaid providers rec- follows: gram has faced a series of difficult but ognize their proportion of indigent pay- The Senator from West Virginia [Mr. important challenges. ments, but these payments are tar- BYRD], for himself and Mr. STEVENS, pro- Not only has the program been forced geted to needy facilities and are in no poses an amendment numbered 2035 to to struggle with internal issues, such way intended to facilitate or pay for amendment No. 2020.

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11183 At the end of the amendment add: Further, the amendment to the Mr. WELLSTONE. I move to lay that (a) Notwithstanding Rule 3 of the Budget Domenici amendment will assure in fu- motion on the table. Scorekeeping Guidelines set forth in the ture years, if there are caps continued The motion to lay on the table was joint explanatory statement of the com- mittee of conference accompanying Con- under the Budget Control Act, that agreed to. ference Report 105–217, the provisions of the this amendment will not result in mon- Mr. SPECTER. I suggest the absence amendment that would have been estimated ies being assessed to our committee, as of a quorum. by the Office of Management and Budget as Senator BYRD has stated. They should The PRESIDING OFFICER. The changing direct spending or receipts under properly be asserted to the committee clerk will call the roll. section 252 of the Balanced Budget and of jurisdiction. The legislative clerk proceeded to Emergency Deficit Control Act of 1985 were I am of the firm opinion this is a call the roll. Mr. HARKIN. Madam it included in an Act other than an appro- good bill. I was a cosponsor of the bill. President, I ask unanimous consent priations Act shall be treated as direct I did not expect it to be offered to an that the order for the quorum call be spending or receipts legislation, as appro- priate, under section 252 of the Balanced appropriations bill, but under the par- rescinded. Budget and Emergency deficit Control Act of liamentary situation I do not express The PRESIDING OFFICER (Ms. 1985, and by the Chairman of the Senate objection to that. I do, however, think CANTWELL). Without objection, it is so Budget Committee, as appropriate, under the the Senate should be reminded once ordered. Congressional Budget Act. again we have a firm understanding UNANIMOUS CONSENT AGREEMENT The PRESIDING OFFICER. The Sen- with regard to the appropriations proc- Mr. HARKIN. Madam President, I ator from West Virginia. ess this year, and if we hold to that un- ask unanimous consent that the list I Mr. BYRD. Mr. President, the amend- derstanding I think we will finish our will send to the desk, once this consent ment by Mr. DOMENICI is the text of S. bills in time to enjoy the holidays with has been granted, be the only first-de- 534, the Mental Health Equitable our relatives. If we breach that agree- gree amendments to H.R. 3061, the Treatment Act of 2001. This amend- ment, we will be here for a long time. Labor-HHS appropriations bill; that ment would prohibit group health I am proud to serve with Senator these amendments be subject to rel- plans and group health insurance BYRD, who is chairman, because we are evant second-degree amendments; that issuers that provide both medical and two people who I believe keep our upon disposition of all amendments, surgical benefits and mental health word. We have in this instance con- the bill be read the third time and the benefits from imposing treatment limi- vinced the Senate to follow us in that Senate vote on passage of the bill. That tations or financial requirements for regard. So I thank the Senator very upon passage, the Senate insist on its coverage of mental health benefits that much and am pleased to cosponsor the amendments, request a conference with are different from those used for med- amendment. the House on the disagreeing votes of ical and surgical benefits. The PRESIDING OFFICER. The Sen- the two Houses, and the Chair be au- The problem Senator STEVENS and I ator from Minnesota. thorized to appoint conferees on the encountered in processing this amend- Mr. WELLSTONE. Very quickly, I part of the Senate, with this action oc- ment is that the Senate Appropriations know Senator DOMENICI is in a markup curring with no intervening action or Committee would be charged with ap- on the energy and water bill, along debate. proximately $1.5 billion over the next with Senator HARKIN. The PRESIDING OFFICER. Without decade if this amendment, worthwhile I thank my two colleagues for their objection, it is so ordered. as it may be, were to be adopted. Both amendment. I think it just adds to the The list of amendments follows: Senator STEVENS and I, I believe, are strength of the bill. It is very impor- FIRST DEGREE AMENDMENTS cosponsors of the underlying legisla- tant to have their support. So I thank Bayh: Mark to market. tion, S. 534. I did not realize that legis- both of them for their work. Bingaman: Retirement; Hispanic education lation was going to be offered as an The PRESIDING OFFICER. The Sen- programs. amendment to an appropriations bill, ator from Pennsylvania. Byrd: Relevant; relevant to the list. however, or I might not have cospon- Mr. SPECTER. Mr. President, I Clinton: SAMSHA—mental health for pub- sored it. Because of the adverse impact thank the distinguished chairman of lic safety officers; mental health services for on discretionary spending, we would be the full committee, Senator BYRD, and children. forced to oppose this amendment in its the ranking member, Senator STEVENS, Daschle: Relevant; 3 relevant to the list; current form. In an effort to find a for their assistance in moving ahead firefighters’ collective bargaining. Dorgan: Customs related. workable solution to the problem, this with this very important amendment. Dodd: Children’s Mental Health; EMS; Kids amendment would direct that any ex- Parity for mental health has been an and terrorism. penditures resulting from this amend- objective of about two-thirds of the Feingold: Defibrillators. ment be charged to the committee of Senators for many years. Through to- Graham: Ecstasy use. jurisdiction under the budget process. day’s action, I think we are on the road Harkin: Relevant; relevant to the list; If this amendment is adopted, I will to getting that accomplished. So I sa- managers’ amendments. drop my opposition to the underlying lute my colleagues and thank my col- Kennedy: Bioterrorism. leagues for their cooperation and good Reed: Relevant; mark to market amendment. Reid: Relevant; relevant to the list. Senator STEVENS and I have spoken work. Torricelli: 3 lead poisoning; 2 assistance for with the chairman and ranking mem- The PRESIDING OFFICER. Is there dislocated workers; SOS anthrax emergency ber of the Budget Committee, and they further debate on the second-degree response. are in agreement. amendment? Wellstone: Mental health parity. I yield the floor. If not, the question is on agreeing to T. Hutchinson: Charitable giving. The PRESIDING OFFICER. The Sen- amendment No. 2035. B. Smith: Research; relevant; relevant to ator from Alaska. The amendment (No. 2035) was agreed list. Mr. STEVENS. I am pleased to join to. DeWine: 4 Safe and Stable Families. Collins: LIHEAP; substance abuse/home- with the distinguished chairman of our Mr. STEVENS. I move to reconsider less; relevant. committee in offering this amendment the vote. Sessions: Wage index; foreign school loans; to the Domenici amendment. Mr. SPECTER. I move to lay that misuse of AIDS funds. Senator BYRD and I have made a firm motion on the table. Murkowski: Relevant; national security agreement to hold the line on the un- The motion to lay on the table was Nickles: 2 Relevant; 2 relevant to list. derstanding we reached with the House agreed to. Brownback: Human cloning ban; embryo of Representatives and the President of The PRESIDING OFFICER. The research; human-animal hybrid embryo; 12 the United States to hold the total question is on agreeing to amendment relevants. spending to $686 billion this year. This Domenici: Mental health parity (S. 543). No. 2020, as amended. Enzi: School construction; mental health. amendment does not breach that agree- The amendment (No. 2020), as amend- Gramm: Diabetes research funding; rel- ment. I am talking about the Domenici ed, was agreed to. evant; relevant to list. amendment does not breach this agree- Mr. SPECTER. I move to reconsider Gregg: 2 mental health; school renovation; ment. the vote. relevant/health.

VerDate Mar 15 2010 04:06 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 S11184 CONGRESSIONAL RECORD — SENATE October 30, 2001 Kyl: Impact aid; relevant. clearance under the customs laws of the ‘‘(7) such other information as the Sec- Specter: 2 Relevant. United States, the pilot, the master, oper- retary, by regulation, determines is reason- Lott: 3 relevant; 3 relevant to list. ator, or owner of such carrier (or the author- ably necessary to ensure aviation transpor- Cochran: Relevant. ized agent of such owner or operator) shall tation safety pursuant to the laws enforced Snowe: 3 relevant. provide by electronic transmission cargo or administered by the Customs Service. Santorum: HUD. manifest information specified in subpara- ‘‘(c) AVAILABILITY OF INFORMATION.—Infor- Grassley: Relevant. graph (B) in advance of such entry or clear- mation provided under this section may be Mr. HARKIN. This is a finite list of ance in such manner, time, and form as the shared with other departments and agencies Secretary shall prescribe. The Secretary of the Federal Government, including the amendments we now have before the Department of Transportation and the law committee. may exclude any class of air carrier for which the Secretary concludes the require- enforcement agencies of the Federal Govern- I am authorized by the majority lead- ments of this subparagraph are not nec- ment, for purposes of protecting the national er to announce there will be no further essary. security of the United States.’’. votes this evening. ‘‘(B) INFORMATION REQUIRED.—The informa- (c) DEFINITION.—Section 401 of the Tariff Mr. SPECTER. Madam President, I tion specified in this subparagraph is as fol- Act of 1930 (19 U.S.C. 1401) is amended by add- urge all of our colleagues to move lows: ing at the end the following new subsection: ‘‘(t) AIR CARRIER.—The term ‘air carrier’ ahead promptly tomorrow to offer ‘‘(i) The port of arrival or departure, whichever is applicable. means an air carrier transporting goods or amendments. The list is a very long passengers for payment or other consider- list and, as is frequently the case, a ‘‘(ii) The carrier code, prefix code, or, both. ‘‘(iii) The flight or trip number. ation, including money or services ren- great many of the amendments listed ‘‘(iv) The date of scheduled arrival or date dered.’’. are placeholders. We would appreciate of scheduled departure, whichever is applica- (d) EFFECTIVE DATE.—The amendments our colleagues advising which amend- ble. made by this section shall take effect 45 days after the date of enactment of this Act. ments they intend to offer and specify ‘‘(v) The request for permit to proceed to what amendment it is so we can move the destination, if applicable. Mr. DORGAN. Madam President, this ahead. It is very important we com- ‘‘(vi) The numbers and quantities from the is an amendment I discussed on the plete action on this bill if we are to master and house air waybill or bills of lad- floor briefly earlier today. I shall be complete a conference in a time where ing. brief again. I understand under ideal ‘‘(vii) The first port of lading of the cargo. circumstances this amendment would we will finish during the current ses- ‘‘(viii) A description and weight of the sion before the holiday season. be placed somewhere else, at some cargo. other time, perhaps in some other bill. Last year, it took months for the ‘‘(ix) The shippers name and address from conference to be resolved between the all air waybills or bills of lading. It is an amendment that is critically House and Senate. We urge our col- ‘‘(x) The consignee name and address from important and should have been done leagues to come to the floor tomorrow all air waybills or bills of lading. last week. It should now be law. It when we start action on the bill, which ‘‘(xi) Notice that actual boarded quantities should already be providing protection I understand is to be at 10:30, to pro- are not equal to air waybill or bills of lading to the American people today but is quantities. ceed to offer amendments. not. ‘‘(xii) Transfer or transit information. I am angry about that because the I yield the floor. ‘‘(xiii) Warehouse or other location of the Congress should not have missed this AMENDMENT NO. 2024 cargo. opportunity last week. I don’t intend The PRESIDING OFFICER. The Sen- ‘‘(xiv) Such other information as the Sec- retary, by regulation, determines is reason- to let the Congress miss this oppor- ator from North Dakota. tunity at any point along the way. I Mr. DORGAN. I have an amendment ably necessary to ensure aviation transpor- tation safety pursuant to the laws enforced will offer it, and if it is not finally a at the desk for immediate consider- or administered by the Customs Service. part of this bill when signed by the ation. ‘‘(3) AVAILABILITY OF INFORMATION.—Infor- President, I will offer it to every bill. The PRESIDING OFFICER. The mation provided under paragraph (2) may be Let me describe the circumstance. I clerk will report. shared with other departments and agencies am chairman of an appropriations sub- The assistant legislative clerk read of the Federal Government, including the committee and I held a hearing a few as follows: Department of Transportation and the law weeks ago and had the Commissioner enforcement agencies of the Federal Govern- The Senator from North Dakota [Mr. DOR- ment, for purposes of protecting the national of the Customs Service and the Com- GAN] proposes an amendment numbered 2024. security of the United States.’’. missioner of the Immigration Service Mr. DORGAN. Madam President, I (2) CONFORMING AMENDMENTS.—Subpara- testifying before that subcommittee. ask unanimous consent reading of the graphs (A) and (C) of section 431(d)(1) of such One of the things they talked about amendment be dispensed. Act are each amended by inserting before the was the need to provide security with The PRESIDING OFFICER. Without semicolon ‘‘or subsection (b)(2)’’. respect to who is coming into our coun- objection, it is so ordered. (b) PASSENGER INFORMATION.—Part II of try. A country cannot be secure unless The amendment is as follows: title IV of the Tariff Act of 1930 is amended it has some notion of border security. by inserting after section 431 the following We have millions of people coming into (Purpose: To provide for mandatory ad- new section: vanced electronic information for air cargo our country each and every year. They and passengers entering the United States) ‘‘SEC. 432. PASSENGER AND CREW MANIFEST IN- FORMATION REQUIRED FOR AIR are guests of ours, coming in on a visa At the end of the bill, insert the following: CARRIERS. given by our country. TITLE ll—INFORMATION ON ‘‘(a) IN GENERAL.—For every person arriv- When people come to our country, we PASSENGERS AND CARGO ing or departing on an air carrier required to welcome them. We want them to visit SEC. ll01. MANDATORY ADVANCED ELEC- make entry or obtain clearance under the our country, but we also want to be TRONIC INFORMATION FOR AIR customs laws of the United States, the pilot, sure the people who are coming to our CARGO AND PASSENGERS ENTERING the master, operator, or owner of such car- country from foreign lands are people THE UNITED STATES. rier (or the authorized agent of such owner we want to have as guests. There are (a) AIR CARGO INFORMATION.— or operator) shall provide, by electronic some we want to keep out: Those in- (1) IN GENERAL.—Section 431(b) of the Tar- transmission, manifest information specified iff Act of 1930 (19 U.S.C. 1431(b)) is amended— in subsection (b) in advance of such entry or volved in terrorist activities, those (A) by striking ‘‘(b) PRODUCTION OF MANI- clearance in such manner, time, and form as who have had association with ter- FEST.—Any manifest’’ and inserting the fol- the Secretary shall prescribe. rorist groups, known and suspected ter- lowing: ‘‘(b) INFORMATION.—The information speci- rorists. We do not want to welcome ‘‘(b) PRODUCTION OF MANIFEST.— fied in this subsection with respect to a per- them into our country. We want to ‘‘(1) IN GENERAL.—Any manifest’’; son is— keep them out. That is the whole pur- (B) by indenting the margin of paragraph ‘‘(1) full name; pose of border security. (1), as so designated, two ems; and ‘‘(2) date of birth and citizenship; We have around 80 million people (C) by adding at the end the following new ‘‘(3) sex; who come to this country every year paragraph: ‘‘(4) passport number and country of ‘‘(2) ADDITIONAL INFORMATION.— issuance; on some 400,000 international flights. I ‘‘(A) IN GENERAL.—In addition to any other ‘‘(5) United States visa number or resident repeat, on 400,000 international flights requirement under this section, every air alien card number, as applicable; we have some 80 million people dis- carrier required to make entry or obtain ‘‘(6) passenger name record; and embark to visit the United States.

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11185 There are just over 100 major air car- air carriers to provide the same infor- I understand that we will probably riers flying those passengers into our mation that virtually every other air deal with this amendment tomorrow. I country. We have an arrangement with carrier in the world provides to us? The wanted to offer it this evening. 95 of those air carriers to voluntarily answer is clearly yes. Mr. HARKIN. Madam President, I be- provide the United States Customs We are less secure today than we lieve this amendment which I am Service with advance passenger lists of should be because the Congress pledged to cosponsor should become who is coming to visit our country. knocked out my provision in that con- law. It is very reasonable for the The Customs Service runs that list ference committee. That provision was United States to require that airlines against a list the FBI has, the Customs not in the counter-terrorism bill when provide information about their inter- Service has, and 21 different agencies the President signed it, despite the fact national travelers coming to the of law enforcement, to evaluate which that the Senate supported it. The Sen- United States so customs can be able of these passengers, if any, should not ate said yes. But it was knocked out in to check if any of the passengers are of be allowed into our country, which of conference. special concern. them are on the suspect list, and which I intend to offer this to any vehicle I We are going to considerable lengths are on the list of known or suspected have the opportunity to offer it to. I to improve the safety of our aviation know that it doesn’t necessarily belong terrorists. system and to improve our ability to We have the majority of the airline on an appropriations bill. But it be- better protect our borders. Requiring carriers and the majority of the names longs in law in this country. It belongs that international airlines provide there now. It should be there now. It of passengers being given to our law some basic information about their should be providing security for this enforcement authorities in the form of passengers and their cargo is very rea- country now with respect to the 29,000 an advance electronic passenger list. It sonable. people who entered this country today is called the Advance Passenger Infor- I understand some airlines are con- whose names were not provided under mation System. It is a voluntary, not cerned about the small costs involved. the Advanced Passenger Information Some airlines might have other rea- mandatory, system covering 85 percent List. It makes no sense to me to be in of the international air passengers that sons to not comply. But with 85 percent this situation. compliance with the voluntary require- are not already pre-cleared by Cus- Some would say, well, this really in- ments, clearly the burden is well with- toms. It works fine except we have a conveniences and mandates the air car- in reason. There is no question, given number of carriers from countries that riers to do this. No, it does not. Most of the realities of our world, this should do not participate. the air carriers do it voluntarily, and be required information for any inter- Let me list a few: Saudi Arabia, they have a good relationship with our national flight coming to the United Egypt, Jordan, and Pakistan, just to country. But some air carriers decided name a few. States. that they will not do it. The Customs I yield the floor and suggest the ab- One would ask whether we should be Commissioner and others indicate that getting advanced passenger informa- sence of a quorum. we ought to make it mandatory. I The PRESIDING OFFICER. The tion from these countries. The answer agree with that. is yes. In fact, the Senate said yes last clerk will call the roll. Since September 11, things have The legislative clerk proceeded to week. The Senate was prepared to changed. It is not profiling. It is not adopt this amendment last week as call the roll. profiling in any way to ask for an ad- Mr. REID. Madam President, I ask part of the counter-terrorism bill, vanced list of passengers who are going unanimous consent the order for the which is where it should have been. In to visit our country as guests in our quorum call be rescinded. conference it was knocked out. It went country. But we are trying to profile The PRESIDING OFFICER. Without to conference with the U.S. House. those who are terrorists and suspected objection, it is so ordered. Some were worried more about com- terrorists. Let’s admit to that. mittee jurisdiction than they were One of the goals that we have in all f about security. So they knocked it out. of our efforts with respect to increas- MORNING BUSINESS The result was, when the President ing security at our borders is to deter- Mr. REID. Madam President, I ask signed that counter-terrorism bill, it mine who the people are who associate unanimous consent that there now be a did not have this provision that makes with terrorists and known terrorists or period of morning business, with Sen- mandatory the Advanced Passenger In- suspected terrorists, and try to keep ators allowed to speak therein for a pe- formation System. them out of our country. Unfair? I riod not to exceed 5 minutes each. What does that mean? It means that don’t think so, not in the circumstance The PRESIDING OFFICER. Without today about 219,000 international air where thousands of Americans have objection, it is so ordered. passengers arrived in the United been killed— cold-blooded murder by f States—today, Tuesday. About 34,000 terrorists who decided to use an air- are pre-cleared by U.S. Customs agents plane as a weapon of destruction; not TERRORISM stationed abroad who run an APIS-type at a time when terrorists sent anthrax- Mr. SPECTER. Madam President, the check as part of the clearing process, laced letters around this country terrorist attacks carried out by Osama 156,000 are pre-screened through APIS through the mail system and people bin Laden and al-Qaida on September while they are in flight, leaving ap- die. 11 require a reevaluation of our na- proximately 29,000 whose names are not I ask that we include this amend- tional policy on what the government provided to the Customs Service until ment in this appropriations bill. I hope should be doing on its primary respon- they arrive because their carriers do those who are talking about their com- sibilities: the security of the people. not participate in the Advanced Pas- mittee jurisdiction will understand The United States was stunned by senger Information System. Why? Be- that this isn’t about jurisdiction. It is that diabolical attack. It was thought cause the Congress last week decided about security. This isn’t about trying impossible to make the country, with not to include that requirement in a to protect your little area. It is about special emphasis on the Congress, more conference report. common sense to try to protect this ‘‘fighting mad’’; but that was done with The President wants this require- country’s borders. The Advanced Pas- the anthrax attacks. As a nation, we ment. The Customs Service wants the senger Information System works. It are determined to respond thoughtfully requirement. All the Federal law en- has worked for a long while. It provides and forcefully to win the war against forcement authorities want the re- this country names that are important terrorism. This floor statement briefly quirement. We get it on 85 percent of to secure our borders, except that it reviews some of the responses by the international air passengers. And the doesn’t do it in all instances. In the in- U.S. to terrorism for the past two dec- ones we don’t get it from are Pakistan, stances where it fails, it is critically ades to learn from our mistakes of the Kuwait, Saudi Arabia, Egypt, and Jor- important to give this country criti- past and to guide us on what to do in dan, just to name a few. cally important information in order the future. I ask the question: Does it promote to give this country some assurance The United States has been slow to this country’s security to require those and some comfort. assert extraterritorial jurisdiction to

VerDate Mar 15 2010 04:06 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 S11186 CONGRESSIONAL RECORD — SENATE October 30, 2001 bring to justice terrorists who attack in an opinion by Justice Black, a noted The power of a court to try a person for a U.S. citizens around the world. Ordi- civil libertarian. crime [exists even if] he had been brought narily, jurisdiction resides in the lo- Based on my experience as district within the court’s jurisdiction by reason of a attorney of Philadelphia in pursuing forcible abduction. (United States v. Alvarez- cale where the crime occurred; how- Machain, 504 U.S. 655, 661 (1992).) ever, a nation may assert indicted criminals, I thought some of And now onto Osama bin Laden’s long- extraterritorial jurisdiction where its those techniques could be applied to standing record on terrorism against citizens are victimized on foreign soil international terrorists. Those ideas were expanded after chairing the Intel- the United States. which provides the nexus for jurisdic- The cases of Ker, Frisbie, and Alva- tion beyond its boundaries. ligence Committee and Judiciary Sub- committee on Terrorism. rez-Machain provided ample precedent It was not until 1984 that the United for the United States to have acted States asserted extraterritorial juris- After studying ‘‘Ker’’ and ‘‘Frisbie,’’ I urged U.S. executive branch officials against Osama bin Laden prior to Sep- diction to try terrorists who kidnaped tember 11, 2001. For a decade, Osama or hijacked Americans abroad. Those to consider abduction, if necessary, to bring back to the United States in- bin Laden had been prosecuting a war provisions were contained in the Omni- of terrorism against the United States. bus Crime Control Act of 1984 which dicted terrorists. In hearings before the Judiciary Committee and the Appro- In 1992, he issued a religious declara- was added onto the appropriations bill tion, known as a fatwah, urging that for the Department of Justice. The priations Subcommittee on Foreign Operations, I questioned Secretary of United States troops be driven out of Senate and House Judiciary Commit- Saudi Arabia, and the fatwah was ex- tees, led by feuding chairmen, could State George Schultz, Attorney Gen- eral Edwin Meese, FBI Director Wil- tended in 1993 to demand expelling U.S. not agree on legislation, so an appro- troops from Somalia. The terrorists priation subcommittee took up the liam Webster and State Department Counsel Abraham Sofaer on that sub- convicted for bombing the World Trade issues in an unusual way. The bill was Center in 1993 were trained in al-Qaida passed in the middle of an all-night ses- ject. In testimony before the Judiciary Subcommittee on Terrorism on July camps in Afghanistan. In 1996, al-Qaida sion, in which I participated along with called for a jihad against the United Senator Warren Rudman on the Senate 30, 1985, Judge Sofaer raised a series of objections to such forceful action, say- States. subcommittee, and Congressman Bill In February 1998, bin Laden and al- ing: Hughes on the House subcommittee. Qaida issued another fatwah, calling That legislation still left a void on I would say that seizure by U.S. officials of terrorist suspects abroad might constitute a for the murder of U.S. citizens wher- terrorism other than kidnaping or hi- serious breach of the territorial sovereignty ever they were found in the world. In jacking. On July 11, 1985, I introduced of a foreign state, and could violate local May 1998, bin Laden announced the the Terrorist Prosecution Act of 1985, kidnapping laws—that is, the people who do need to possess a nuclear weapon to establish extraterritorial jurisdic- the seizing could be, in fact, criminals under against ‘‘Jews and Crusaders.’’ In in- tion for any attacks on any U.S. cit- local law. Such acts might also be viewed by dictments returned in November 1998, izen anywhere in the world. Several foreign states as violations of international Osama bin Laden was charged with months later, the need for such legisla- law incompatible with the foreign extra- conspiring to murder U.S. troops in tion became urgent when on December dition treaties that we have in force with Saudi Arabia and Somalia and for those nations. 27, 1985, 16 people, including five Ameri- being directly involved with the bomb- cans, were killed by random terrorist It may be that those hearings, urging ings of the U.S. embassies in Kenya strafings at the Rome and Vienna air- the application of ‘‘Ker’’ and ‘‘Frisbie,’’ and Tanzania in August 1998. In June ports, and many others were wounded. led to action by U.S. law enforcement 1999, bin Laden called for the killing of This provided the impetus to pass the officials against Fawaz Yunis, although all American males. And then bin Terrorist Prosecution Act which be- his case did not involve abduction in a Laden was involved with al-Qaida in came law on August 27, 1986, providing foreign country, but the principle was the terrorist attack on the USS Cole. the basis for the indictments against close. In June 1985, Yunis and other Notwithstanding demands by the Osama bin Laden for conspiring to terrorists hijacked a Jordanian airliner United States and the United Nations, murder 18 Americans in Mogadishu, So- with two U.S. citizens in Beirut, Leb- the Taliban refused to turn bin Laden malia, in 1993, and 12 Americans at the anon. In September 1987, a joint oper- over to U.S. authorities. In harboring Nairobi, Kenya, and Dar es Salam, ation of the FBI, CIA, and U.S. Mili- bin Laden, the Taliban, the de factor Tanzania, Embassies in 1998. tary led to the capture of Yunis, who government of Afghanistan, was an ac- Although there were solid precedents was lured onto a yacht off the coast of cessory after the fact. In his September for the United States to act against in- Cyprus with ‘‘promises of a drug deal.’’ 20, 2001 speech to a Joint Session of dicted terrorists, who were harbored in Once the yacht entered international Congress, President Bush equated foreign countries, the United States de- waters, Yunis was arrested and re- those who harbor terrorists with the clined to pursue an aggressive policy to turned to the U.S. for trial where he terrorists themselves. enforce outstanding warrants of arrest. was convicted of conspiracy, aircraft From all that, it was readily appar- In 1886, in the case of Ker v. Illinois. 119 piracy, and hostage-taking, and then ent that bin Laden and al-Qaida were U.S. 436 (1886), the Supreme Court of sentenced to 30 years in prison. at war with the United States even The hearings on ‘‘Ker’’ and ‘‘Frisbie’’ the United States held that a prosecu- prior to September 11. Then, on Sep- may have also led the DEA—the Drug tion could be validly pursued even tember 11, in addition to murdering Enforcement Administration—to where the defendant was abducted in a 7,000 Americans, bin Laden and al- abduct from Mexico Dr. Alvarez- foreign country and brought back to Qaida sought to destroy our symbol of Machain who was implicated in the the U.S. for trial. Ker, under indict- economic achievement by leveling the kidnaping and murder of a DEA agent ment for fraud in Illinois, had fled to twin towers of the World Trade Center in Mexico in 1985. After the DEA unsuc- Peru. Illinois authorities pursued him and to decimate the White House and cessfully negotiated with Mexican au- to Peru and brought him back to Illi- U.S. Capitol with planes which crashed thorities for Alvarez-Machain’s sur- nois for trial and conviction. The Su- into the Pentagon and in a Pennsyl- render, DEA officials offered a reward preme Court of the United States said: vania field. to a group of Mexican citizens for de- In a Senate floor statement the fol- There are authorities of the highest re- livering Alvarez-Machain to them in lowing day, September 12, I said—and spectability which hold that such forcible it is worth repeating now: abduction is no sufficient reason why the the United States, which was done in party should not answer when brought with- April 1990. The trial court dismissed [T]here have been many declarations that in the jurisdiction of the Court which has the case because the DEA agents had what occurred yesterday with the Trade the right to try him for such an offense, and violated the extradition treaty with Towers and the Pentagon were acts of war. presents no valid objection to his trial in Mexico, and the Circuit Court of Ap- And there is no doubt about that. Similarly, such court. (Ker, 119 U.S. at 444.) what bin Laden did in Mogadishu in 1993 and peals affirmed. When the case reached in the Embassies in 1998 were acts of war. At That principle was upheld by the Su- the Supreme Court of the United this time, while the Congress should never preme Court of the United States in States, the Court reversed the lower act precipitously, I do suggest that consider- Frisbie v. Collins, 342 U.S. 519, 522 [1953], courts and stated this principle of law: ation be given to a declaration of war

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11187 against the political entity which harbors what Israel has done in its war against Iraqi Scud missile attacks. Israel has and has given aid and assistance to bin terrorism. Israel has adopted a policy made serious, good-faith efforts to ne- Laden’s terrorist organization and bin Laden on what could be called ‘‘executions’’ gotiate with Arafat notwithstanding and his co-conspirators, based on the indict- ments which already have been handed after its own determination of terror- the Intifada violence. Prime Minister down . . . ists’ guilt. After the massacre of the 11 Barak made the Palestinian authority It was my view on September 12 that Israeli Olympic athletes in Munich in a very generous offer in January 2001. even though we could not prove at that 1972, it is reported that Prime Minister Foreign Minister Shimon Peres has en- time that bin Laden was responsible Golda Meir and Defense Minister gaged in extensive negotiations until for the terrorism of September 11, that Moshe Dayan authorized the execu- those talks were interrupted by out- a basis already existed for declaring tions of 9 of the terrorists whom they bursts of Palestinian terrorism. war on Afghanistan and the Taliban for identified as being responsible for the There was a real question as to how harboring bin Laden based upon the in- Munich murders. One person, killed in much control Chairman Arafat can dictments which had already been re- Norway, was reported misidentified as exert over Palestinian terrorism. Last turned establishing probable cause for a terrorist. Such executions have also April 16, I met Chairman Yasser Arafat acts of war which bin Laden and al- been carried out by Israel against ter- in Cairo near midnight at the precise Qaida had committed against the rorists who were principals of the PLO, time Israel was responding to Pales- United States. Islamic Jihad, Hezbollah and Hamas tinian mortar attacks. As we talked, On September 13, when the President whom the Israelis found involved in aides brought Arafat communiques de- met with Members of Congress from murders of Israeli civilians. scribing the fighting. I asked Chairman New York, Virginia, and Pennsylvania, The terrorism of September 11 should Arafat why he had not accepted then which were the impacted States, I make us more understanding of the Prime Minister Barak’s generous offer urged President Bush to consider a dec- perils faced by Israel for five decades. earlier in the year. Chairman Arafat laration of war against Afghanistan Since the second Intifada began in Sep- responded that he had, but he was obvi- and the Taliban on the basis of the out- tember 2000, Israel has sustained 165 ously oblivious to the fact that he im- standing indictments against bin deaths from the killings. On a propor- posed so many conditions it was, in Laden and the Taliban’s refusal to turn tionate basis to our population, that fact, not an acceptance. him over. The President made no re- would translate into over 7,000 Ameri- I then called on Chairman Arafat to sponse at that meeting to my sugges- cans, a virtual equivalency to the mass make a clear statement calling for an tion. murders on September 11. Should Israel end to Palestinian terrorists attacks. President Bush declined to ask for a be expected to respond differently from He said he had done that at the Arab declaration of war, but he did request a the way we responded to September 11? summit on March 29, 2001. The tran- resolution authorizing the use of force Just as the United States must find a script of his speech refuted his state- which was passed unanimously in the way to stop terrorist attacks on U.S. ment. That speech was another exam- Senate and 420–1 in the House. citizens, a way must be found to stop ple of his longstanding tactic of send- Presidential executive orders have the violence which has killed 714 Pal- ing contradictory messages. Chairman provided that: ‘‘No person employed by estinians as well as 165 Israelis. Arafat is famous for saying one thing or acting on behalf of the U.S. Govern- In seeking to organize a coalition in English to one audience and the re- ment shall engage in, or conspire to en- against bin Laden and al-Qaida, the verse in Arabic to another audience. gage in, assassination.’’ But in April United States has urged, even pres- In assessing Chairman Arafat’s abil- 1986, President Reagan ordered the sured, Israel to temper its responses ity to reign in Palestinian terrorism, bombing of Tripoli, Libya, and Muam- against Palestinian terrorists. In so we must take into account that today mar Qadhafi after intelligence inter- doing, the United States should con- he is not the man he was when he cepts implicated Libyan intelligence sider whether it is applying a double shook the hands of Prime Minister operatives in the bombing of a disco in standard between what we are doing Rabin and Peres on the White House Berlin, resulting in the death of two and what we ask Israel to do. What is South Lawn on September 13, 1993, in American soldiers. the difference between the United the presence of President Clinton. Similarly, President Clinton ordered States demand on the Taliban to turn Shortly thereafter, I met Chairman a missile attack on Osama bin Laden in over Osama bin Laden contrasted with Arafat in Cairo in January 1994 trav- Afghanistan in August 1998 after the Israel’s demand on Chairman Arafat to eling with a congressional delegation. Embassy bombings. In an interview turn over the assassin of the Israeli At that time Arafat was healthy, ro- with Tom Brokaw on NBC News on tourism Minister Rehavam Zeevi. bust, and forceful. September 18, 2001, former President The usually perceptive Thomas L. Seven years later, when I again met Clinton said: Friedman in his October 23 New York him in Cairo, he was shaky, hesitant, We had quite good intelligence that he [bin Times column applied such a double and spoke mostly through his aides. Laden] and his top lieutenants would be in standard. Asking Israel to pull its The recent challenges to his authority his training camp. So I ordered the cruise punches against Palestinian terrorism by Hamas, resulting in Chairman Ara- missile attacks, and we didn’t tell anybody, to stop ‘‘. . . inflam[ing] the Arab-Mus- fat’s firing on and killing Palestinians including the Pakistanis, whose airspace we in early October, shows his diminished had to travel over, until the last minute, and lim world in order to avoid . . . seri- unfortunately we missed them, apparently ously undermining our [the United authority and raises serious questions not by very long. We killed a number of ter- States] coalition against bin Laden,’’ as to whether he can be effective in rorists, destroyed the camp, but we didn’t Friedman calls for Israel to subordi- ending the Palestinian violence even if get him or his top lieutenants. And I made it nate its security interests to those of he wants to. clear that we should take all necessary ac- the United States. Friedman then asks This April, Secretary of State Colin tion to try to apprehend him and get him. Prime Minister Sharon whether ‘‘. . . Powell criticized Israel’s response to We never had another chance where the in- Palestinian terrorism saying Israel’s telligence was as reliable to justify military you (know) how serious this war is for action. He’s very elusive. He spends the America’’? Is the war against Pales- military action was ‘‘excessive and dis- night in different places, often stays in—in tinian terrorism any less serious for proportionate.’’ In hearings before the caves. There were times when he tried to Israel? Appropriations Subcommittee on For- hide among a lot of women and children. It’s In seeking the assistance of Arab eign Operations on May 15, 2001, I chal- a tough . . . nut to crack. But the world is countries in the coalition, the United lenged Secretary Powell’s character- changed now, and . . . the pressure that States has been careful not to ask for ization and said: President Bush and the administration is more than can reasonably be expected. While Israel did respond very, very force- putting on the Taliban and also on the Paki- fully, Israel could have responded much stanis, and the statements the Pakistanis Similar consideration must be ex- tended to Israel. During the gulf war in more forcefully and is facing a situation have made, and the unity we’ve got around where everybody is sort of at wit’s end. And the world—we finally got other countries as 1991. Prime Minister Itzhak Shamir I believe that the calculation is made that if concerned about this as we are. . . and Israel cooperated with the United they hit them hard enough within reason Now to a discussion of Israel’s re- States by taping their windows, wear- that they will—that the Palestinians per- sponse to terrorism. It is worth noting ing gas masks, and not responding to haps will stop the terrorism although that is

VerDate Mar 15 2010 04:06 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 S11188 CONGRESSIONAL RECORD — SENATE October 30, 2001 very complicated with Hamas and Islam demonstrated by a statement by sight hearings on the adequacy of our Jihad and the others. Ayman al Zawahir, one of his close as- intelligence should be deferred until Then Secretary Powell sought to jus- sociates, on the same videotape: next year so as not to distract the in- tify his comment by saying that we American people, can you ask yourselves telligence community from using its tried to be ‘‘even-handed’’. He then re- why there is so much hatred against Amer- full resources to detect current ferred to ‘‘the cycle of violence.’’ The ica? threats. comment on ‘‘cycle of violence’’ sug- The New York Times on October 7 Congress, in conjunction with the gests some sort of parity or moral characterized bin Laden’s anti-Amer- President, should consider the public equivalency between the purpose and ican attitude: policy behind the Executive Order ban- level of force between Palestinian ter- Mr. bin Laden, born in Saudi Arabia, has ning ‘‘Assassinations.’’ As a starting rorists and Israel’s reaction in self-de- typically focused his anti-American state- point, we should consider whether the fense. ments on the presence of American troops in pejorative term ‘‘assassinations’’ is ac- There is, realistically viewed, no Saudi Arabia, declaring it a violation of Is- curate or whether we are really dealing moral equivalency. lamic holy places. Now, in keeping with the with ‘‘executions,’’ even if they are Terrorism, the killing of innocent rest of the Arab world, he shifted focus to based on a non-judicial determination victims, is totally reprehensible, re- the Palestinian uprising that began in Sep- of guilt. It is one thing to prohibit the tember 2000, as officials believe. pugnant, and morally unjustifiable. CIA from involvement in the killing of Self-defense in response to such ter- A minister of the United Arab Emir- a leader of a foreign political faction or rorism is morally justifiable and is au- ates is reported to have warned the from the killing of a foreign leader thorized under international and nat- United States that if Israel continued contrasted with the CIA implementing ural law. killing Palestinians, ‘‘most of us will a Presidential finding to take bin When United States pressure on certainly have to reconsider our role in Laden into custody or kill him if there Israel increased, Prime Minister Shar- the coalition’’. The United States was is no alternative. on bluntly told the Bush Administra- obviously seeking to assuage Arab ob- The use of force in war or against tion ‘‘do not try to appease the Arabs jections when Secretary of Defense terrorism does not require the same at our expense’’ and analogized the sit- Rumsfeld skipped Israel in his recent level of proof to convict in a U.S. court uation to the allies sacrificing Czecho- mid-East trip and Secretary of State of law. Without prejudging Israel’s slovakia in the Munich Pact of 1938. Powell emphasized that Israel would nonjudicial determinations of guilt and The Bush administration replied in not be part of any military coalition. the following ‘‘executions,’’ Congress kind calling Sharon’s comment ‘‘unac- Hezbollah and Hamas are now report- must decide what quality of proof and ceptable.’’ edly accelerating their terrorism on what level of force is necessary to as- In limiting the freezing of terrorist the expectation that Israel may be re- sure our Nation’s survival. assets to individuals and groups con- luctant to respond out of concern for It was concluded that the Executive nected to the al-Qaida organization and Arab participation in the coalition. Order banning assassinations did not the Irish Republican Army, President That is a prelude to the most impor- preclude President Reagan’s order to Bush did not extend United States ef- tant part of this somewhat lengthy bomb Libya and Qaddafi or President forts to ‘‘every terrorist group of glob- statement, and that is a focus on deal- Clinton’s order for a missile attack al reach,’’ as articulated in his Sep- ing with terrorism in the future. against bin Laden and al-Qaida in Af- tember 20th speech. Perhaps he left out The conduct of Osama bin Laden and ghanistan in August of 1998. In 1976, the Hamas, Hezbollah, the Palestine Lib- al-Qaida prior to September 11 should Church Committee on Intelligence Op- eration Organization and other Arab have put the United States on notice erations concluded: terrorist organizations to maximize that we were facing a ruthless, power- . . . short of war, assassination is incom- the chances to get Syria and other ful enemy engaged in a religious war patible with American principles, inter- Arab countries into our coalition. with the capacity to inflict enormous national order, and morality. It should be re- Israel’s battle against Palestinian damage. By 20/20 hindsight, the United jected as a tool of foreign policy. terrorism would have benefited by our States should have taken whatever ac- The Church committee’s interdiction freezing the bank accounts, of Hamas, tion was necessary to, as President against assassination, ‘‘short of war,’’ Hezbollah and the PLO, just as we did Bush later put it, either bring bin raises the obvious question as to when with terrorist organizations connected Laden and al-Qaida to justice, or to war begins or whether terrorism isn’t to Osama bin Laden; but United States bring justice to them. The point is not in fact, war. When it becomes a matter national interests at the moment may to attach blame for what happened in of survival, I suggest the pristine rules have differed—just as Israel’s national the past; but to learn from this bitter of the Church committee may have to interest may differ. experience how tough and determined be superseded, again depending on the Israel cannot be blamed for the Sep- we must be from this day forward in circumstances. tember 11 terrorism. Senator JOHN fighting terrorism. After September 11, Judicial determinations of guilt are MCCAIN was right when he said on it is obvious that the civilized world not required as a basis for the use of NBC’s ‘‘Meet the Press’’ on October 21: faces decisions on how to deal with ter- deadly force in war and should not be So if Israel were taken off the face of the rorism which threatens our survival. the basis for action against terrorists. Earth tomorrow, we would still be facing the Self defense, acknowledged as a per- Israel has long considered itself in a same terrorist problems we have today. son’s most primordial motivation, is war for survival facing being vastly Osama bin Laden’s hatred against recognized as a fundamental principle outnumbered and surrounded by hos- the United States, is rooted in events in international law. tile armies in wars in 1949, 1956, 1967 which preceded Israeli’s existence. His Congress, in conjunction with the and 1973, and some of those nations videotaped statement broadcast on Oc- President, has the responsibility to still have a state of war technically tober 7 cited, ‘‘what America is facing conduct hearings, deliberate, and es- against Israel. In moving against the today is something very little of what tablish our national policy on how to Munich murderers and Palestinian ter- we have tasted for decades. Our nation, deal with terrorism. As a starting rorists, Israel has adopted an activist since nearly 80 years is tasting this hu- point, Congress should conduct over- policy of execution after a nonjudicial mility.’’ He raged against the United sight hearings to determine whether determination of guilt. All of that I States for our military action against our intelligence agencies were at fault suggest is worth studying. Iraq and Japan. The two references to in failing to provide warnings of the In President Bush’s speech to the Israel were minor compared to his dia- September 11 attacks. If so, Congress Joint Session of Congress on Sep- tribe against America as the ‘‘head of must act to cure such deficiencies and tember 20, he said: international infidels.’’ to do whatever is necessary at what- The war on terrorism . . . will not end His disregard for human life was pal- ever cost to reorganize our intelligence until every terrorist group of global reach pable in minimizing ‘‘a few more than agencies and provide the resources to has been found, stopped and defeated. 10 were killed in Nairobi and Dar es Sa- be as sure as possible that we will not Congress, in conjunction with the ex- laam.’’ The intensity of hostility was be again caught by surprise. The over- ecutive branch, must also decide what

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11189 action should be taken against every with the President, after hearings, de- Helge H. Wehmeier, and U.S. Post- nation which sponsors, supports, or liberation, and consultation. These are master General John E. Potter an- harbors terrorists in order to meet some of the issues which have to be nounced Bayer’s donation of 2 million President Bush’s goal. We must deter- considered. I do not say they are all in- doses of their antibiotic Cipro, one of mine what national security and sur- clusive, but these are the ones on my the FDA’s drugs of choice for the treat- vival require in evaluating a policy on mind now. ment and cure of anthrax disease. abducting or executing terrorists in First, should the United States revise This medication was donated to the foreign countries and taking tough ac- its policy against assassinations to ac- Federal Government and is intended tion against these who harbor them. knowledge that war and terrorism war- for use by Federal employees who may Consideration should also be given to rant executions under some cir- need it. The medication will be admin- the detention of individuals where cumstances? istered by U.S. Federal health care there is reason to believe they are part Second, should such executions be agencies, including the Department of of al-Qaida or some other group which authorized based on a nonjudicial de- Health and Human Services and its is actively planning terrorism against termination of guilt, recognizing that Centers for Disease Control and Pre- the United States. Under existing law, responses to war and terrorism have vention, as well as local and State membership or an affiliation with such traditionally not required the level of health care officials in the Washington, a group without more is not a basis for proof to indict or convict in a U.S. DC, area. arrest or detention. The standard for court of law? There has been a claim, and justifi- detention should not require the level Third, what level of our national ably so, for the heroism of our firemen, or probable cause necessary for a war- leadership should be invested with the our police, and our health care workers rant of arrest or a search warrant but power to make such nonjudicial deter- who responded to the attacks on Sep- it should be more than mere surmise. minations of guilt? tember 11. Now with the problems with It is obviously a difficult line to draw. Fourth, what are the standards for anthrax, we appropriately add to that A case was reported after September the quality and quantity of proof to honor roll the U.S. postal workers. Mr. 11 where a suspected terrorist was de- make such a nonjudicial determination Helge H. Wehmeier had noted that the tained when he tried to gain entry to of guilt? unsung heroes, less celebrated perhaps, the United States from Canada, but Fifth, should the United States be de- but no less brave in their readiness to was released when there was not suffi- terred from going into another sov- perform their duties, were the postal cient evidence to arrest him. He was ereign nation to abduct or take force- workers. Regrettably, we have seen reportedly later identified as one of the ful action against a terrorist when the problems with anthrax there. The con- pilots on a September 11 hijacking, host nation fails or refuses to turn over tribution by Bayer should be of sub- which illustrates the point that if we such terrorists? stantial help. let them go when we have reason to de- Sixth, to what extent should the I also call my colleagues’ attention tain them, they may come back to kill United States act against foreign na- to the comments of Department of us. tions or their officials who harbor ter- Health and Human Services Secretary Twenty-first century terrorists do rorists? Tommy Thompson last week with re- not wear uniforms. Study must be un- And seventh, should individuals be spect to the negotiations with Bayer dertaken to determine an appropriate detained where there is some basis to and Mr. Wehmeier. I ask unanimous standard for detention on the analogy believe that they are non-uniformed of detaining prisoners of war. The issue consent, following these brief remarks, members of al-Qaida or another ter- of detention of aliens received consid- there be printed in the RECORD a copy rorist organization on the analogy of erable attention during the debate on of the press release which was issued incarcerating prisoners of war? If so, the terrorism legislation which was following the meeting with Secretary what should be the standard for such signed into law by President Bush on Thompson and Mr. Wehmeier, presi- detention, and who should make the October 26. That legislation answers dent and CEO of the Bayer Corpora- determination? part of the problem but not all of it. tion. Poignant scenes from ‘‘Saving Pri- My sense is that America will main- There being no objection, the mate- vate Ryan’’ illustrate the problem. tain its resolve in carrying on the war rial was ordered to be printed in the In the movie, U.S. forces captured a against terrorism regardless of how RECORD, as follows: German soldier behind enemy lines as long it takes. The steadfastness and HHS, BAYER AGREE TO CIPRO PURCHASE they were making their way on their durability of the coalition is another WASHINGTON, Oct. 24.—HHS Secretary mission to save Private Ryan. The Ger- question. In my opinion historically, Tommy G. Thompson and Mr. Helge H. man soldier pleaded for his life. The ‘‘Remember Pearl Harbor’’ will be a Wehmeier, President and CEO of Bayer Cor- American soldiers did not have the ca- mild declaration or exhortation to poration, today announced agreement for a pacity to take him with them as a pris- ‘‘Remember September 11th!!’’ significant new federal purchase of the anti- That concludes my statement. I biotic ciprofloxacin (trademarked Cipro) at a oner, so they had the alternative of substantially lowered price. The antibiotic is killing him or letting him go. thank my colleague, the Senator from Alaska, for his patience, and in fact he expected to be available by year end. When he promised to move to U.S.- Supplementing existing emergency stock- held territory and surrender himself, was patient. He came in at the latter piles, it would be available for use in the the American soldiers relented and re- part of my statement, and I have taken event of a bioterror event. leased him. considerable time until Senator STE- Under the terms of the agreement valued In a later scene, that German soldier VENS arrived, and there is no other at $95 million, HHS will pay 95 cents per tab- confronts the same American soldiers Senator who sought recognition. I ap- let for a total initial order of 100 million tab- and kills several of them. That se- preciate the opportunity to make the lets. This compares with a previously dis- quence illustrates American generosity statement which has been the product counted price of $1.77 per tablet paid by the federal government. Bayer said it will rotate and our natural instincts to be mer- of considerable work on my part. the government’s inventory, as part of this ciful. It is a lesson worth noting that I yield the floor. agreement, to assure the American public a we, as a nation, must reevaluate our f continuously fresh supply of Cipro. This in- level of ‘‘toughness’’ if we are to sur- IN RECOGNITION OF THE BAYER ventory rotation adds an additional value of 30 percent for the government, which is in- vive. CORPORATION In this Senate floor statement, I have cluded in the agreement. sought to raise issues which must be Mr. SPECTER. Madam President, I Funds for the purchase are included in the decided after congressional hearings have sought recognition to recognize $1.6 billion emergency proposal made by President Bush Oct. 17, which awaits Con- and deliberations rather than to pro- and acknowledge the activities of one of my own very good corporate neigh- gressional action. HHS is also carrying out vide definitive answers. substantial new purchases of other anti- Now, Mr. President, I come to the bors and constituents, the Bayer Cor- biotics that are effective against anthrax, es- crux of what I have had to say. poration of Pittsburgh. Last week, on pecially doxycycline. The purchases will ful- In summary, these are the issues to October 24, Bayer Corporation’s presi- fill Secretary Thompson’s proposal to quick- be decided by Congress in conjunction dent and chief executive officer, Mr. ly increase the nation’s emergency reserve of

VerDate Mar 15 2010 04:06 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 S11190 CONGRESSIONAL RECORD — SENATE October 30, 2001 antibiotics. Resources to be on hand by Jan- cluding fire, police, ambulance, and CITIES CONCERNED WITH RAIL CROSSINGS AND uary would treat up to 12 million persons im- hospital services. Downtown rail cor- RAIL LINE RELOCATION mediately for anthrax exposure. Treatment ridors can hamper economic develop- Arizona: Marana and Tucson. would be with a mixture of effective anti- ment by restricting access to bisected California: Fremont, Hemet, Mountain biotic products, with Cipro representing areas. Sadly, since September 11, we View, Paramount and Richmond. about 10 percent of the antibiotics on re- Colorado: Arvada. serve. Currently, 18.6 million Cipro doses are now must be concerned about freight Georgia: Augusta. available in the nation’s emergency reserve, trains carrying hazardous materials Iowa: Iowa City. which would enable immediate treatment of through the middle of densely popu- Illinois: Carbondale, Elgin and Roselle. about 2 million persons in combination with lated areas being targets of terrorist Indiana: Portage. other antibiotics. actions. These problems exist in small Massachusetts: Boston. ‘‘This agreement means that a much larger and large cities and towns across the Minnesota: Rochester. supply of this important pharmaceutical Nation. Mississippi: Biloxi/Pascagoula, Greenwood, product will be available if needed,’’ Sec- While TEA–21 provides some flexi- Jackson, Meridian, Tupelo and Vicksburg. retary Thompson said. ‘‘The beneficial price Missouri: St. Joseph. also means that we can have more funds bility in the use of the Highway Trust North Carolina: Winston-Salem. available to assist state and local health re- Fund to enable States to address some North Dakota: Fargo. sponders to be ready for all eventualities. I of these concerns, it is primarily fo- Nebraska: Grand Island and Lincoln. commend the Bayer Corporation for its on- cused on solving transportation prob- Nevada: Reno. going efforts to ensure a fully adequate sup- lems by building or modifying roads, New York: Hempstead. ply of this valuable product.’’ including road overpasses and under- Ohio: Brooklyn, Lima and Mansfield. ‘‘Bayer is fully committed to supplying Oklahoma: Edmond. passes, as it should be. However, in Pennsylvania: Pittsburgh. America in its war on bioterrorism. This many situations, this highway-rail agreement between Bayer and the Depart- South Carolina: Columbia. ment of Health and Human Services is an conflict cannot, or should not, be fixed Tennessee: Germantown. important security measure that will enable by cutting off or modifying a roadway. Texas: Beaumont, College Station and La- the nation to have in its stockpile ample The answer is often to relocate the rail redo. supplies of Cipro to combat the threat of an- line. Wisconsin: Madison. thrax,’’ said Bayer president Wehmeier. To address this need I introduced S. f ‘‘Cipro has become standard for anthrax 948, the Community Rail Line Reloca- AGRICULTURE APPROPRIATIONS treatment. The men and women of Bayer are tion Assistance Act of 2001. The bill 100 percent committed to delivering this would authorize the Secretary of MEDICAL DEVICE TECHNOLOGY vital antibiotic to the U.S. government on Transportation to provide grants to Mr. JOHNSON. Madam President, schedule.’’ first I thank, Chairman KOHL and Sen- Secretary Thompson said current supplies States and communities to relocate a ator COCHRAN for their outstanding of Cipro and other antibiotics which are ef- rail line where this solution makes the fective against anthrax ‘‘are entirely ade- most sense. In those cases where the work in putting together an excellent quate to meet the current need. This pur- best solution is to build a railroad tun- bill. An important part of this legisla- chase is aimed at expanding our emergency nel, underpass, or overpass, or even re- tion provides funding for the Food and stand-by capacity, to make us even better route the rail line around the down- Drug Administration to perform its prepared for the possibility of massive expo- town area, this bill will enable these vital mission to protect and promote sure to anthrax or other biological agents.’’ the public health. That mission in- As a further contingency, the agreement cities and towns to afford to undertake such a significant infrastructure cludes the essential work of evaluating provides for the option of a second order of the safety and effectiveness of prom- 100 million tablets at 85 cents, and a third project. The bill does not tap the High- order at 75 cents, if it is determined that fur- way Trust Fund. Instead, the rail line ising new life-saving and life-enhancing ther orders are needed. Cipro is one of many relocation grant program would com- medical device technologies so that antibiotics that have been found effective in pete for appropriations on an annual they may be used with patients in an the treatment of exposure to anthrax in the basis. expeditious manner. However, we must incidents in recent weeks. Current treatment S. 948 is supported by the United be sure that the Center for Devices and practice for anthrax exposure, including States Conference of Mayors, the Na- Radiological Health (CDHR) are pro- those possibly exposed to anthrax, is a 60-day tional Conference of State Legisla- vided with the adequate resources to course, involving initial use of a broad spec- carry out their work. The number of trum antibiotic like Cipro, for five days, fol- tures, the National League of Cities, lowed by determination of other antibiotics the Association of American Railroads, patents issued in the medical device to which the pathogen is susceptible. the Short Line and Regional Railroad sector has increased by 30 percent in The Cipro to be purchased would be used to Association, the Railway Progress In- recent years. The private sector is expand emergency stand-by supplies in the stitute, the National Railroad Con- committing substantial increases in National Pharmaceutical Stockpile (NPS), struction and Maintenance Associa- funding to healthcare research and de- maintained by HHS’ Centers for Disease Con- tion, and the Rail Supply and Service velopment. We are fortunate that the trol and Prevention. The NPS includes both Coalition. FDA will be faced with the task of vendor managed inventory and 50-ton ‘‘Push evaluating many new technologies that Packages,’’ designed to be able to reach any The Senate may soon consider other point in the continental United States with- legislation to authorize funding to in- will benefit all of us next year. It is my in 12 hours. The current eight ‘‘Push Pack- crease security for Amtrak, other hope that we could review this issue in ages’’ are to be expanded to 12, under the modes of transportation, and our na- conference to ensure that the pre- President’s proposals. tion’s ports. I ask my Senate col- market review function at CDRH re- f leagues to consider the needs of their ceives an appropriate level of funding own States, to cosponsor S. 948, and to to carry out their mission. COMMUNITY RAIL LINE support inclusion of this provision in Mr. DORGAN. I thank my colleague RELOCATION ASSISTANCE ACT the next transportation authorization for raising this matter. It is my con- Mr. LOTT. Madam President, many bill to be considered by the Senate. So cern that the pre-market review func- cities and towns across our country are far, working with representatives of tion at the Center for Devices and Ra- experiencing conflicts between rail- our Nation’s cities, I have identified 40 diological Health does not have suffi- roads, motor vehicles, and people for cities in 23 States that are concerned cient resources to keep up with the tre- the use of limited and increasingly about rail crossing problems and for mendous pace of innovation that is congested space in downtown areas. which rail line relocation may be the now taking place in the health sector. High density highway-rail grade cross- solution, I am sure there will be sev- Despite the FDA’s ongoing efforts to ings, even properly marked and gated eral more such cities that will be iden- improve in this area, review times for ones, increase the risk of fatal acci- tified in the weeks to come. I ask unan- breakthrough medical devices are dents. Many rail lines cut downtown imous consent that the list of these lengthy and likely to get longer. While areas in half while serving few, if any, cities be printed in the RECORD. this bill makes important progress to- rail customers in the downtown area. There being no objection, the list was ward giving FDA the funds it needs to Rail traffic can cut off one side of a ordered to be printed in the RECORD, as carry out its mission, I hope the chair- town to vital emergency services, in- follows: man would work with us in conference

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11191 to find a way to provide the resources As each of my colleagues knows, the I thank the manager and ranking needed to reduce medical device appli- nature of health care has changed dra- member of the subcommittee for ac- cation review times. matically in America since the cre- cepting this important amendment. Mr. KOHL. I appreciate the remarks ation of Medicare in 1965. In many in- f and understand the concerns expressed stances, diseases or conditions that by my colleagues. I agree that patients once required hospitalization are now CHANGES TO THE 2002 APPROPRIA- should not have to wait for promising treated by pharmaceuticals. However, TIONS COMMITTEE ALLOCATION new therapies due to insufficient re- as advances in pharmaceuticals con- AND BUDGETARY AGGREGATES sources at FDA. Language in the re- tinue and the population ages, the Cen- Mr. CONRAD. Madam President, sec- port accompanying the Senate bill ter for Medicare and Medicaid Services tion 314 of the Congressional Budget states that the increase received by reports that national spending for pre- Act, as amended, requires the chair- FDA’s Devices and Radiological Health scription drugs is expected to more man of the Senate Budget Committee Program for fiscal year 2002 is con- than double from an estimated $117 bil- to adjust the budgetary aggregates and sistent with agency estimates for lion to $366 billion over the next ten the allocation for the Appropriations bringing medical device application re- years. Unfortunately, the financial Committee by the amount of appro- view times within statutory limits. burden on Medicare beneficiaries, those priations provided to the Social Secu- While this statement is accurate ac- who use prescription drugs the most, rity Administration for continuing dis- cording to the budget submitted to will continue to increase. Consider the ability reviews, up to $520 million in congress by the FDA, I have been in- fact that Medicare beneficiaries ac- 2002, and the amount of appropriations formed that in testimony to the House count for 14 percent of the U.S. popu- provided to the Department of Health Appropriations Committee, FDA offi- lation, yet they consume approxi- and Human Services for adoption in- cials stated the agency would need mately 43 percent of the nation’s total centive payments, up to $20 million in more funds than requested in their drug expenditures and you can under- 2002. S. 1536, the Departments of Labor, stand why we need to address this budget to decrease application review Health and Human Services, and Edu- issue. times significantly. I believe it is im- $500,000 will ultimately only be a cation, and Related Agencies Appro- portant for us to work together to re- drop in the bucket in finding a solution priations Act for 2002, provides a total solve this issue, and look forward to to providing access to affordable pre- of $453 million for the two activities. working with my colleagues and our scription drugs to seniors. However, That budget authority will result in House counterparts in the Conference these funds will help provide valuable new outlays in 2002 of $384 million. Committee. information to those who rely on medi- Pursuant to section 302 of the Con- Mr. VOINOVICH. Madam President, I cations the most. With greater reliance gressional Budget Act, I hereby revise was proud to offer an amendment to on pharmaceuticals, increased direct- the 2002 allocation provided to the Sen- the fiscal year 2002 agriculture appro- to-consumer advertising and the in- ate Appropriations Committee in the priations bill. creased empowerment of seniors, it is concurrent budget resolution. The amendment I offered last week imperative that those who use pre- Pursuant to section 311 of the Con- set aside $500,000 from the Office of Ge- scription drugs become better educated gressional Budget Act, I hereby revise neric Drugs at the Food and Drug Ad- about the availability of generic the 2002 budget aggregates included in ministration for use in the education equivalents that are just as effective as the concurrent budget resolution. and dissemination of information to their name-brand counterpart. I ask unanimous consent to print ta- America’s senior citizens regarding the While seniors wait for Congress to bles 1 and 2 in the RECORD, which re- efficacy, safety and availability of ge- pass permanent prescription drug ben- flect the changes made to the commit- neric drugs. efit legislation, the federal government tee’s allocation and to the budget ag- Currently, the FDA informs the pub- should capitalize on other opportuni- gregates. lic and providers about generic drugs ties to aid seniors in their effort to ob- There being no objection, the tables through print advertising, reaching a tain affordable prescription drugs. were ordered to be printed in the limited number of individuals. It is my That is why I have offered this im- RECORD, as follows: hope that this amendment will allow portant amendment and why I will FDA to enlarge its outreach, utilizing work with Secretary Thompson and TABLE 1.—REVISED ALLOCATION FOR APPROPRIATIONS not only print media, but also radio the Department of Health and Human COMMITTEE, 2002 and television public service announce- Services to provide seniors with thor- [In millions of dollars] ments. ough information regarding highly uti- Budget In the absence of a Medicare pre- lized drugs, their generic equivalent authority Outlays scription drug benefit, it is imperative and comparative pricing, as well as any Current Allocation: that Congress provide alternative ave- other pertinent information that is General Purpose Discretionary ...... 547,491 537,523 nues for seniors needing to lower their necessary to improve the health and Highways ...... 28,489 Mass Transit ...... 5,275 out-of-pocket prescription drug costs. quality of life of our senior citizens. Conservation ...... 1,760 1,232 Although millions of seniors already This information would prove to be Mandatory ...... 358,567 350,837 know about and use generic drugs, highly useful to seniors and could eas- Total ...... 907,818 923,356 there are still many others who are not ily be included in the annual ‘‘Medi- Adjustments: aware of their availability. Indeed, General Purpose Discretionary ...... 453 384 care & You’’ publication. Seniors are Highways ...... many highly used brand-name drugs typically very knowledgeable con- Mass Transit ...... whose patents have expired have ge- Conservation ...... sumers of health care, and whatever in- Mandatory ...... neric alternatives available. These ge- formation we can provide is a critical neric drugs are chemically identical in Total ...... 453 384 way to help them bypass the high cost Revised Allocation: their active ingredient to their brand- of prescription drugs. General Purpose Discretionary ...... 547,944 537,907 name counterparts and are sold at sub- Highways ...... 28,489 It is a sad reality that some senior Mass Transit ...... 5,275 stantial discounts from the branded citizens on fixed incomes do not take Conservation ...... 1,760 1,232 price. their full doses of their medications be- Mandatory ...... 358,567 350,837 For example, the prescription drug cause they try to save money by Total ...... 908,271 923,740 Kelflex, an antibiotic, costs approxi- stretching out their supply. Unfortu- mately $88 per month. Its generic nately, such self-medication can lead TABLE 2.—REVISED BUDGET AGGREGATES, 2002 equivalent costs about $13 per month, a to life threatening health consider- [In millions of dollars] potential annual savings of $900 for an ations. The amendment I offered will individual who uses this product. In help our seniors get the information Budget au- Outlays Surplus fact, according to the Congressional they need on lower cost generic drugs thority Budget Office, generic drugs save con- so they may obtain the prescription Current allocation: Budget Resolu- tion ...... 1,515,766 1,481,544 187,121 sumers an estimated $8 to $10 billion drugs they need to live their lives to Adjustments: CDRs, adoption in- per year at retail pharmacies. the fullest. centives ...... 453 384 ¥384

VerDate Mar 15 2010 04:06 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 S11192 CONGRESSIONAL RECORD — SENATE October 30, 2001 TABLE 2.—REVISED BUDGET AGGREGATES, 2002— student, Adam Colton, was ambushed loans, credit and savings. Rural areas Continued and severely beaten. The letters F-A-G in developing countries need elec- [In millions of dollars] had been scratched into his stomach tricity and telecommunications, yet and arms. Colton had been beaten the history shows that there are insuffi- Budget au- thority Outlays Surplus previous September in an anti-gay in- cient profits for private companies to cident. enter these markets. Cooperatives Revised allocation: Budget Resolu- should be part of programs pursued by tion ...... 1,516,219 1,481,928 186,737 I believe that Government’s first duty is to defend its citizens, to defend the World Bank and other multilateral Prepared by SBC Majority staff on 10–30–01. them against the harms that come out institutions to enhance rural commu- f of hate. The Local Law Enforcement nities as part of their private sector ap- SPECIALIST JONN J. EDMUNDS Enhancement Act of 2001 is now a sym- proaches. bol that can become substance. I be- USAID can tap cooperative meth- Mr. THOMAS. Madam President, lieve that by passing this legislation, odologies to bridge ethnic and sec- today I rise to speak about a very spe- we can change hearts and minds as tarian differences to build commu- cial soldier from Cheyenne, WY. well. nities in areas that are rife with con- A U.S. Army Ranger was one of two f flict. In communities ravaged by HIV/ soldiers killed October 19, when a AIDS, war, terrorism and inequality, Black Hawk helicopter crashed in OVERSEAS COOPERATIVES cooperatives empower communities. Pakistan. Mr. HAGEL. Madam President, I rise Cooperatives are direct and meaningful Spc. Jonn J. Edmunds died when the to commend Senator LEAHY and Sen- expressions of diplomacy where poor helicopter he was riding in crashed ator MCCONNELL for their leadership in people can participate in decision-mak- while supporting Operation Enduring crafting the Fiscal Year 2002 Foreign ing that affects their daily lives. Freedom. Operations Appropriations Bill. Overseas cooperatives are an impor- Jonn Edmunds was a 1999 Cheyenne I am here today to state my contin- tant way to promote broad-based eco- East High graduate. He was 20 years ued support of international economic nomic, political and social develop- old. assistance for programs that utilize co- ment. I am looking forward to progress Jonn Edmunds and Pfc. Kristofer T. operatives and credit unions. Last on this legislation in fiscal year 2002. Stonesifer of Missoula MT, are the first year, Senators GRAMS, FEINGOLD and I f combat deaths of the U.S. led military sponsored the Support for Overseas De- ADDITIONAL STATEMENTS campaign against terrorists in Afghan- velopment Act, S. 3072. This Act was istan. The soldiers were members of B included as part of a larger bill, the Mi- Company Third Battalion, 75th Ranger croenterprise for Self-Reliance and WISE WORDS FROM A WARRIOR’S Regiment, based in Fort Benning, GA. International Anti-Corruption Act, WARRIOR Last Saturday, I attended Spc. H.R. 4673, which was signed into public ∑ Mr. MILLER. Mr. President, Colonel Edmunds’ funeral and had the oppor- law on October 17, 2000. This bipartisan David H. Hackworth, U.S. Army, Ret., tunity to speak with Jonn Edmunds’ legislation enhances current language knows war as few men do. Today’s father Donn. I told him how sorry we in Section 111 of the Foreign Assist- most decorated living soldier, he is a are for his loss. How words are not ance Act of 1961. enough to comfort his family and warrior’s warrior. Overseas cooperatives foster similar He joined the Army when he was 15, friends or to express our pride for the principles abroad that U.S. coopera- job he was asked to do. was battlefield commissioned in Korea tives are based on: free democratic as- when he was 20 and was the youngest This unfortunately, is war and this sociations of mutual benefit for mem- terrible loss will not be the last. That colonel in Vietnam. bers. For four decades, cooperatives His heroic achievements in both certainly doesn’t make it any less dif- and credit unions have proven to be an these wars made him a living legend. ficult for the family when someone like effective and efficient way to assist Never afraid to speak out, even when it Jonn, young, patriotic, dedicated to his people in developing and market tran- meant criticizing our effort in Viet- country and service, is killed. sition countries. Currently, U.S. co- nam, Hackworth has long been a I want to again offer my sincere con- operatives are working in over 67 dif- knowledgeable observer worth listen- dolences to the family. We don’t pre- ferent countries. ing to. tend to understand your loss, but we Under our legislation, USAID is en- This old soldier who has seen so share in your grief. Wyoming shares couraged to put greater priority on the much shared his recent observations in your grief and they, like I do, thank development of agricultural coopera- a thought-provoking, tell-it-like-it-is you for your son’s service. tives for marketing, processing and in- column in The Washington Times. It is War is hell. It will take the lives of puts. USAID should explore commu- an article that should be read and be- soldiers and innocents alike. nity-based cooperatives for rural elec- lieved by all Americans. I ask that the I believe, as do all American’s, that tric and telephone service when na- article be printed in the RECORD. our cause is just. The cost of doing tional utilities are privatized. Strong The article follows: nothing would be much worse. This ef- financial cooperatives, such as credit [From the Washington Times, October 27, fort will not be a short one. It is impor- unions and farm credit associations, 2001] tant that we stay dedicated to the are ways to generate member-owned FIGHT OR FLIGHT? cause of defeating terrorism even in savings and provide micro-loans to en- (By David Hackworth) the face of terrible loss. trepreneurs and farmers. Housing and My No. 1 son rang from Florida: ‘‘Dad f community development cooperatives we’re scared. We’re starting to wonder if we can address issues such as daycare for made a mistake leaving Indiana.’’ Another LOCAL LAW ENFORCEMENT ACT HIV/AIDS, orphans and community re- Floridian, Frederick George, wrote: ‘‘I’ve OF 2001 sponses to environmental problems never been more depressed than now. I’m 86 Mr. SMITH of Oregon. Madam Presi- such as solid waste collection. years old, and I’ve seen a lot.’’ dent, I rise today to speak about hate My phone rings off the hook, and my mail- The Administrator of USAID, An- box is jammed. Most of the messages say: crimes legislation I introduced with drew Natsios, is currently putting to- We’re not coping well with this War Against Senator KENNEDY in March of this gether a report to Congress regarding Terrorism. My comeback: Get used to it. year. The Local Law Enforcement Act the implementation plan for this legis- We’re in for at least 30 rounds, and Round of 2001 would add new categories to lation. I am looking forward to review- One is far from being over. My 5- and 8-year- current hate crimes legislation sending ing this report. old grandkids will probably be in college be- a signal that violence of any kind is Credit unions and rural cooperatives fore the last terrorist creep has been hunted unacceptable in our society. are able to mobilize local savings or eq- down and folks can get back to the way things were before Sept. 11. I would like to describe a terrible uity for micro-loans as a way to pro- You can try running, but you can’t hide crime that occurred February 17, 1999 vide greater food security, the world’s from fear. Just ask the yellow-stained mem- in Novato, CA. A 17-year-old gay male poor need access to microenterprise bers of the House who ignored the report

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11193 from last year’s Hart-Rudman Commission 1445. Despite a changing economy and County-Snohomish County and is re- predicting ‘‘a direct attack against Amer- an evolving workforce, Paul’s vision served for an individual or organization ican citizens on American soil is likely over and motivation remained strong and whose efforts have contributed to en- the next quarter-century’’ and then cut and unwavering for almost half a century. I hancing the quality of life in the com- ran when the first shot came their way. But the attack on the World Trade Center am proud to extend to him my warmest munity. Ms. Behnke’s efforts for over proved in spades that all citizens of every appreciation for his steadfast commit- 20 years have done just that. free country in the world are now targets, so ment to economic prosperity for all in- Some of her many achievements in- there’s no longer any place safe to run. The dividuals and families. clude being the first woman to serve on quickest way to get a grip and make it Paul began his career in labor advo- the board of Washington Mutual, Past through this new kind of war is to check cacy as a part-time employee at Stop President of the University of Wash- out—and copy—the combat soldier’s MO. The and Shop Supermarket, where he be- ington Alumni Association, founding whole living-on-the-bayonet-edge mindset came a member of the Retail Clerks member and Past President of the becomes almost second nature once a grunt accepts that his life can be snuffed out any Union Local 1445 in 1956. Four years Northwest School for Hearing Impaired second. His ears get used to incoming—they later, when Local 826 of Worcester ac- Children, and an active fund-raiser for automatically tell him to hit the deck be- quired the Worcester jurisdiction from the Lifelong AIDS Alliance. The two cause a round is about to thud in close, or to Local 1445, Paul was brought on as an experiences that she is most proud of finish that smoke because it’s going over the organizer. Paul’s strong work ethic and are working on the board of the Fred hill. He’s used to walking through areas potential did not go unnoticed an this Hutchison Cancer Research Center and where one misstep will explode a mine and was reflected in his promotion to busi- serving as Past Board Chair of Chil- take his leg or life, and he learns to take ness agent. This was followed in 1967 dren’s Hospital. These contributions to care of himself and his buddies almost with- out thinking. Or he lets fear rule and goes with an appointment to International our community make her more than mad. Or he goes into denial and gets killed. Representative. Paul then advanced in worthy of this award and our recogni- Many of you are combat vets—you just 1971 to president of Local 1435. With the tion. don’t remember that for most of your lives merger of the Retail Clerks Inter- Ms. Behnke’s work is inspiring, and you lived with the fear of being instantly in- national Union and the Amalgamated her words are encouraging. She said, cinerated and radiated by the Bomb. Remem- Meat Cutters and Butcher Workmen in ‘‘Take care of your home. Look around ber the air-raid sirens and the ‘‘Duck and 1976, Local 1435 merged with Local 1445 at this wonderful, wonderful place that Cover’’ drills? Those 25,000 Soviet nuclear and Paul stepped into the position of warheads once pointed at you and yours is yours and mine. And if you haven’t would have done a zillion times more dam- secretary-treasurer. already, find a little corner of it to give age than terrorist bombs, kamikaze planes In 1996, Paul was elected president of your heart to.’’ or bugs and germs. United Food and Commercial Workers On behalf of the people of Wash- On the battlefield, I wore my steel pot be- Local 1445 of Boston, MA. More than ington State, I would like to thank Ms. grudgingly. It was heavy and a pain. But I 3,000 new Local 1445 members were or- Behnke for her time, energy and many knew it would improve my chances of stay- ganized in the last three years, result- years of dedicated service.∑ ing alive, so I cursed it while I wore it. Now ing in Local 1445 becoming the largest f I resent wearing a surgical mask and gloves UFCW local in New England. Paul’s and opening much of my mail outside. But just like wearing that helmet, it helps me leadership has resulted in improved TRIBUTE TO MELVIN VAN stay alive while the FBI and the police track benefits and working conditions for PEEBLES down the terrorist sleepers imbedded in our members. Local 1445 is indebted to ∑ Mr. LEAHY. Mr. President, in a year society. Paul and all he has done for the work- when we have seen such terrible news And so must all of you learn to live on a ing men and women of New England about New York, we do well to remind potential killing field. Instead of letting fear and I join them in thanking Paul for ourselves of all the good things that knock you down, use it as warriors do to his contribution to the labor move- stay alive. Fear can pump up your reactions come from that great city. ment over the last 45 years. One such thing was the awarding of if employed positively and let you make it In addition to Paul’s accomplish- through the darkest night. Survival is our Chevalier in the Legion D’Honneur to strongest instinct, and we will win this suck- ments in Local 1445, Paul was also vice my friend, Melvin Van Peebles, by the er just as we did World War II, the Cold War president of the Massachusetts AFL– Consul General of the Republic of and the conflict that follows this one. CIO and served as chairman of the France on April 24 of this year. The The other survival skill you should borrow UFCW Interstate Health & Welfare award was made to Mr. Van Peebles be- from a grunt is alertness. A soldier asleep on fund, where he had been a trustee since cause of his work as an author, a pro- guard duty is a dead soldier. A terrorist will 1971. He contributed his expertise in have a tough time doing his thing if we all ducer, and a director of award-winning labor issues to the Gloucester Seafood films. keep a sharp eye out for whatever doesn’t Workers Pension and Health Welfare compute. Like some weirdo learning to fly a I have known Melvin for years, and I plane who wants to give takeoffs and land- fund as a trustee, and served as an al- know him as a man of conscience, tal- ings a miss. Or a non-islander buying a one- ternate on the UFCW National Pension ent, erudition, and eclectic friendships. way air ticket to Hawaii or Guam. Fund, as well. I have always considered myself hon- Fortunately, most Arab terrorists coming Mr. President, I am truly grateful to ored to be one of his friends. The man our way will be easy to spot except on Hal- join families across Massachusetts and who first introduced me to Melvin was loween. If you see some character at the throughout the country in celebrating my good friend, Dr. Henry Jarecki, of water reservoir, parked near the nuclear re- Paul’s career and contributions. I wish New York, and he and Gloria Jarecki actor, fiddling with a building’s air-condi- he and Judy, as well as his four chil- tioner intake vents, delivering unordered hosted the investiture at Gramercy dren and seven grandchildren, the very fire extinguishers or bicycling around with a House in New York City. best as they begin this new chapter in backpack, keep him under surveillance and I ask consent to print in the RECORD their lives.∑ notify the authorities quickly. the comments made by Dr. Jarecki at Use that fear to stay alert and stay alive.∑ f that event, and to add my own con- f RECOGNITION OF SALLY SKINNER gratulations to Melvin Van Peebles for HONORING PAUL DUFAULT BEHNKE an award justly deserved. ∑ Mr. KERRY. Mr. President, today I ∑ Mrs. MURRAY. Mr. President, I The comments follow: honor one of the most fervent advo- would like to take this opportunity to REMARKS OF DR. HENRY JARECKI cates for the labor movement and recognize an outstanding citizen of the Back in the fifties, while Melvin was be- working families across the country; State of Washington. Sally Skinner coming well-known in America, I had been Mr. Paul Dufault. Behnke has been awarded the 2001 Isa- out of the country. So it is no surprise that For the past 45 years, Paul has served bel Colman Award for Excellence in when Katie McGee first mentioned the name Melvin Van Peebles some thirty-five years the men and women of New England as Community Service for displaying sig- ago, I knew so little about his work that I an active member, secretary-treasurer nificant and broad based leadership in expected to meet a Dutchman. It was indeed and later as president of the United her community. This prestigious award some years before I knew who I was dealing Food and Commercial Workers Local is given by the YWCA of Seattle-King with but in the meantime he had become a

VerDate Mar 15 2010 04:06 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 S11194 CONGRESSIONAL RECORD — SENATE October 30, 2001 close friend who I could hang out with and Thank you all for coming.∑ tion’s capital, will stop operating as a full- gab about philosophy, somebody who was an f service public hospital as a result of the advisor and when needed, a fellow mischief- Mayor of Washington, D.C.’s plan to pri- maker. Gradually, I got to see and know all MESSAGES FROM THE PRESIDENT vatize the hospital, eliminating a safety net about the famous Sweetback movie and his Messages from the President of the for thousands of disadvantaged people who other films and I read and saw his plays, es- otherwise would not have access to basic pecially Ain’t Supposed to Die a Natural United States were communicated to health care services; and Death and Don’t Play us Cheap, two of the the Senate by Ms. Evans, one of his Whereas, D.C. General Hospital is a major ones I think are among the great works of secretaries. trauma center and plays an indispensable American literature. Waltz of the Stork, a f role in providing quality and affordable musical I backed, was not one of the great health care to the 100,000 under and unin- works. Otherwise I would be rich today. But EXECUTIVE MESSAGES REFERRED sured residents of the city. Additionally, the we reflected on a lot more plays, too, includ- As in executive session the Presiding hospital is only one of two health care facili- ing the Bessie Smith piece called the Officer laid before the Senate messages ties in the Washington, D.C. area with a Champeen that we argued about for five Level III neo-natal unit, treating 1,000 pre- years and still have to make. from the President of the United mature and critically ill infants a year; and Close friends sometimes disagree—we States submitting sundry nominations Whereas, Concerns over the possible clos- solved that by making bets. One bet he lost which were referred to the appropriate ing of the hospital and the move to change made him work for me on Wall Street for a committees. its public institution status have generated year during which he became the first Black (The nominations received today are opposition from numerous observers trader on the American Stock Exchange. Not printed at the end of the Senate pro- throughout the country, including health surprisingly, he wrote a book about it as he ceedings.) care officials, representatives of medical or- does about almost anything he does. That ganizations, community activists and policy- book, called Bold Money, introduced many f makers who feel that D.C. General Hospital nonprofessionals to the world of security op- MESSAGE FROM THE HOUSE represents this country’s commitment to tion trading. He always writes books about providing health care services to the resi- what he does. He makes movies about the ENROLLED JOINT RESOLUTION SIGNED dents of its inner cities; and making of movies and he writes books about At 2:41 p.m., a message from the Whereas, D.C. General Hospital should con- the ‘‘making of the making of a movie’’ House of Representatives, delivered by tinue to operate as a fully-funded public hos- movie. Happily, all of this piques his viewers’ pital in order to provie lifesaving health care and readers’ interest and makes him a bunch Ms. Niland, one of its reading clerks, announced that the Speaker has signed services to Washington, D.C.’s poor and unin- of money. sured: Now, therefore be it But he’s made a lot more than movies, the following enrolled joint resolution: Resolved, That this Senate of the State of plays, and money. He has made a number of H.J. Res. 70. A joint resolution making fur- Rhode Island and Providence Plantations wonderful children, all of whom I’ve had the ther continuing appropriations for the fiscal hereby urges the Congress of the United pleasure of hanging out with over the years, year 2002, and for other purposes. States to maintain the public institution Megan, Mario, Max, and maybe more. Megan status of D.C. General Hospital so it can con- has the beauty and the wonderful heart she The enrolled joint resolution was signed subsequently by the President tinue to operate as a fully funded public hos- had when she worked at Mocatta and Mario pital, provide lifesaving health care services pro tempore (Mr. BYRD). has become a distinguished motion picture to Washington, D.C.’s poor and uninsured actor and director himself. Very few people f and represent this country’s commitment to know that one of the steps of his professional MEASURES PLACED ON THE providing health care services to the resi- life, maybe the step that taught him all dents of its inner cities; and be it further there was to learn about acting before he CALENDAR Resolved, That the Secretary of State be went to Hollywood was working as a gold The following bills were read the sec- and he hereby is authorized and directed to trader for me at a company called Mocatta. ond time, and placed on the calendar: transmit duly certified copies of this resolu- The Van Peebles children have been friends tion to the United States Secretary of of my children and Melvin himself has H.R. 1552. An act to extend the moratorium enacted by the Internet Tax Freedom Act Health and Human Services, the presiding of- helped each of my children, most recently ficers of the United States Senate and House my son Eugene, who made a film called The through 2006, and for other purposes. S. 1572. A bill to authorize the provisions of of Representatives and the entire Rhode Is- Opponent based loosely on Eugene’s early land congressional delegation. life friendship with Mike Tyson. Melvin’s educational and health care assistance to the women and children of Afghanistan. most recent French film, A Belly Full, was POM–201. A joint resolution adopted by the not the reason for this Legion of Honor f General Assembly of the State of Rhode Is- award but was its occasion. land relative to imposing a moratorium on Even before making a great name in Amer- EXECUTIVE AND OTHER major airline industry mergers; to the Com- ica, Melvin had become well-known in COMMUNICATIONS mittee on the Judiciary. France, partly for his book and movie, Story of a Three-Day Pass which had won many The following communications were JOINT RESOLUTION awards there, and throughout his life he has laid before the Senate, together with Whereas, Economic development and pros- remained an American bridge to France, accompanying papers, reports, and doc- perity are dependent upon a competitive air- even having one French son, Max, who has uments, which were referred as indi- line industry providing reasonable rates, ac- helped him work on many of his movies. And cated: cess, and efficient services for the transpor- so this clearly American icon has gradually EC–4507. A communication from the Presi- tation of people and goods; and become a French figure of the arts as well. dent of the United States, transmitting, pur- Whereas, Competition in the airline indus- We are all honored to be here tonight with suant to law, a report relative to an arrange- try will be drastically reduced if pending Melvin Van Peebles to help celebrate his re- ment with the United Nations regarding the mergers are allowed to proceed without com- ceiving this award from Consul-General reciprocal debt forgiveness contemplated by ment from consumer, business, and labor or- Richard Duque who honors us with his pres- the legislation; to the Committee on Foreign ganizations; and ence. I personally have in my own very mod- Relations. Whereas, Airline industry competition is est film-making career achieved only one essential to keeping prices reasonable and thing: when I, following in Melvin’s foot- f service satisfactory for consumers and busi- steps, was making a movie about Cuban PETITIONS AND MEMORIALS ness travelers, and lack of competition will music in Havana with my friend Gary Keys, cause longer delays in air travel and de- I managed to buy some Cuban cigars and The following petitions and memo- creased customer service; and also a wonderfully appropriate humidor in rials were laid before the Senate and Whereas, These merger proposals will in- which to keep them. And so, Melvin, I take were referred or ordered to lie on the evitably lead to further consolidation in the pleasure in presenting you with this un- table as indicated: airline industry. This consolidation will de- usual-looking humidor and the accom- crease service and access in certain markets POM–200. A resolution adopted by the Sen- panying box of Cuban cigars. If you choose to and localities, and hinder or prevent new ate of the General Assembly of the State of give some of these cigars out to some of your low-cost airline carrier’s entrance into the Rhode Island relative to maintaining the guests here, feel free to do so: I have a sec- market; and public institutions status of D.C. General ond one upstairs. And those who worry about Whereas, The United States Congress and Hospital; to the Committee on Governmental smoking Cuban cigars—and I’m not one—can Departments of Justice and Transportation Affairs. always say the words of Melvin’s friend Pat are examining the proposed airline mergers: Leahy, the Senator from Vermont, who tells SENATE RESOLUTION Now, therefore be it us that he cannot be criticized for burning Whereas, D.C. General Hospital, a 108-year- Resolved, That this General Assembly of Castro’s crops. old health care facility located in our na- the State of Rhode Island and Providence

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11195 Plantations express concern over the pros- these and related concerns to the Attorney tain and guarantee this freedom, and have pect of decreased competition in the airline General and the Secretary of Transportation utilized this freedom to build the most pow- industry and the adverse economic and other of the United States; and be it further erful and most successful nation on earth; impacts on this State, the surrounding re- Resolved, That the Secretary of State be and gion, and the nation as a whole; and be it and he is hereby authorized and directed to Whereas, On Tuesday, September 11, 2001, further transmit duly certified copies of this resolu- enemies of the United States encroached Resolved, That this General Assembly of tion to the President of the United States; upon the sacred soils of our Nation and con- the State of Rhode Island and Providence the Speaker of the House of Representatives ducted a series of the most inhumane, mur- Plantations hereby urges the President, the of the United States; the President of the derous, attacks in the history of the world, Congress, and the Departments of Justice Senate of the United States; the Attorney hijacking and destroying four civilian air- and Transportation of the United States to General of the United States; the Secretary craft, crashing two of them into the World impose a moratorium on major airline indus- of Transportation of the United States; and Trade Center Towers in New York City, a try mergers in order to fully and carefully the Attorney General of the State of Rhode third into the Pentagon outside Washington, consider all consequences; and be it further Island. D.C., and the fourth failing to reach its tar- Resolved, That this General Assembly of get and crashing in Pennsylvania, which the State of Rhode Island and Providence POM–203. A resolution adopted by the Sen- monstrous attacks killed and injured thou- Plantations hereby urges the Attorney Gen- ate of the Legislature of the State of Michi- sands of innocent people and completely de- eral of this State to separately communicate gan relative to amending the internal rev- molished the World Trade Center Towers and these and related concerns to the Attorney enue code to accommodate certain tax issues a portion of the Pentagon, symbols of Amer- General and the Secretary of Transportation related to the phase-out of Oldsmobile; to ican strength and success; and of the United States; and be it further the Committee on Finance. Whereas, The freedom fought for, secured Resolved, That the Secretary of State be SENATE RESOLUTION NO. 108 and maintained over the past two hundred and he is hereby authorized and directed to Whereas, The phase-out of the Oldsmobile twenty-five years is threatened by the transmit duly certified copies of this resolu- line of General Motors is bringing to a close attackers, by targeting symbols of America, tion to the President of the United States; an historic chapter in American automotive clearly intended to intimidate our Nation the Speaker of the House of Representatives history. The end of this component of one of and weaken our resolve; therefore, be it of the United States; the President of the the world’s largest corporations also has sig- Resolved by the House of Delegates: That the members of the West Virginia Senate of the United States; the Attorney nificant administrative and tax consider- House of Delegates hereby express their General of the United States; the Secretary ations that need to be addressed quickly to deepest, heartfelt sympathy to the families of Transportation of the United States; and provide for a fair and smooth transition for and friends of those killed and injured in the the Attorney General of the State of Rhode those livelihoods are jeopardized; and Island. Whereas, As compensation for the loss of terrorist attacks of Tuesday, September 11, years of goodwill and the erosion of the 2001, and the recovery efforts following the value of large financial investments, Olds- attacks; That the members of the House of Dele- POM–202. A joint resolution adopted by the mobile dealerships will be paid a one-time gates hereby offer collective condolences and General Assembly of the State of Rhode Is- settlement. As federal tax laws now stand, unreserved expressions of support to the land relative to imposing a moratorium on this payment would be subject to personal State and to the City of New York, to the major airline industry mergers; to the Com- and business federal taxes as income. In re- State of Virginia, and to the State of Penn- mittee on the Judiciary. ality, however, the settlement money clearly sylvania; JOINT RESOLUTION should be categorized as involuntary con- That the House of Delegates of West Vir- verted property. Under this determination, Whereas, Economic development and pros- ginia hereby condemns in the strongest pos- the manufacturer’s settlement would be perity are dependent upon a competitive air- sible terms the terrorists who contrived and treated like other property that can be con- line industry providing reasonable rates, ac- carried out those attacks, as well as their verted to similar purposes over a specific pe- cess, and efficient services for the transpor- sponsors or any person or nation which har- riod of time; and tation of people and goods; and bors terrorists; Whereas, Every effort should be made to Whereas, Competition in the airline indus- That the House hereby commends the he- encourage the reinvestment of settlement try will be drastically reduced if pending roic actions of the myriad of rescue workers, resources to mitigate job loss, lessen the eco- mergers are allowed to proceed without com- volunteers and officials who responded to nomic stress to local communities, and pro- ment from consumer, business, and labor or- these tragic events with courage, determina- tect families from more serious financial dif- ganizations; and tion and skill; Whereas, Airline industry competition is ficulties. In addition, it would be poor public That we hereby publicly proclaim that we essential to keeping prices reasonable and policy for the federal government to reap a will not forget those who have fought and service satisfactory for consumers and busi- tax revenue windfall as a result of this rare died to help secure and maintain our free- ness travelers, and lack of competition will and unique situation; and dom, and we further publicly decry and con- Whereas, As the home of the Olds auto- cause longer delays in air travel and de- demn those who plot, plan and execute at- motive legacy and 20 of the top 50 Oldsmobile creased customer service; and tacks on our freedom, our citizenry and our dealerships, Michigan has a major stake in Whereas, These merger proposals will in- way of life; evitably lead to further consolidation in the the fair treatment of these businesses and in- That our thoughts and prayers go out to airline industry. This consolidation will de- dividuals. It would be wrong for the tax code all those directly affected by the attacks and crease service and access in certain markets to act as a disincentive to the reinvestment to those participating in the recovery from and localities, and hinder or prevent new of the settlement dollars in job-creating en- the attacks; low-cost airline carrier’s entrance into the terprises: Now, therefore, be it That the President of the United States market; and Resolved by the Senate, That we memori- and the Congress be hereby urged to deal Whereas, The United States Congress and alize the Congress of the United States to swiftly and judiciously with the situation, Departments of Justice and Transportation enact H.R. 2374 to amend the Internal Rev- that freedom might live; and, be it further are examining the proposed airline mergers: enue Code to consider certain transitional Resolved, That the Clerk of the House of Now, therefore be it dealer assistance related to the phase-our of Delegates forthwith prepare and cause to be Resolved, That this General Assembly of Oldsmobile as an involuntary conversion; delivered certified copies of this resolution the State of Rhode Island and Providence and be it further to President George W. Bush, to the Honor- Plantations expresses concern over the pros- Resolved, That copies of this resolution be able Bob Wise, Governor of the State of West pect of decreased competition in the airline transmitted to the President of the United Virginia, to U.S. Senators Robert C. Byrd industry and the adverse economic and other States Senate, the Speaker of the United and John D. Rockfeller IV, and to member of impacts on this State, the surrounding re- States House of Representatives, and the the United States House of Representatives gion, and the nation as a whole; and be it members of the Michigan congressional dele- Alan B. Mollohan, Shelley M. Capito and further gation. Nick Joe Rahall, to the Clerk of the United Resolved, That this General Assembly of States House of Representatives and the Sec- the State of Rhode Island and Providence POM–204. A legislative resolution adopted retary of the United States Senate, to the Plantations hereby urges the President, the by the House of the Legislature of the State Governor of New York and the Mayor of New Congress, and the Departments of Justice of West Virginia relative to September 11, York City, to the Governor of Virginia and and Transportation of the United States to 2001; to the Committee on Foreign Relations. the Governor of Pennsylvania, and to the impose a moratorium on major airline indus- HOUSE RESOLUTION NO. 1 Presiding Officers of the Legislatures of all try mergers in order to fully and carefully Whereas, The United States of America the States in this Nation. consider all consequences; and be it future stands as a Nation most respected through- Resolved, That this General Assembly of out the world for its freedom and its defense POM–205. A resolution adopted by the Sen- the State of Rhode Island and Providence of freedom; and ate of the Legislature of the State of West Plantations hereby urges the Attorney Gen- Whereas, Tens of thousands of men and Virginia relative to September 11, 2001; to eral of this State to separately communicate women have fought and died to secure, main- the Committee on Foreign Relations.

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SENATE RESOLUTION NO. 503 with incomprehensibly evil intent, used Whereas the Clinton Administration’s Whereas, In the morning hours of Sep- them as missiles to destroy some of the na- stance on gun ownership intentionally ig- tember 11, 2001, terrorists hijacked four com- tion’s most symbolic landmarks and to mur- nored the original intent of the Constitu- mercial jetliners, including the passengers der innocent people located within and tion’s framers and sought to dramatically and crew members, with intentions of using around them; and limit the Constitutionally affirmed Second them as weapons of mass destruction against Whereas, The terrorists crashed one of the Amendment freedoms of individual law-abid- the United States; and jets, American Airlines Flight 11, into the ing Americans; be it Whereas, Two of the jetliners were flown One World Trade Center building in the Man- Resolved, That the Alaska State Legisla- ture urges President Bush to renounce the directly into the twin towers of the World hattan borough of New York City, crashed Clinton Administration’s anti-gun ownership Trade Center in New York City, a third into another, United Airlines Flight 175, into the neighboring Two World Trade Center build- policies; and be it further the Pentagon in Arlington, Va. and the Resolved, That the Alaska State Legisla- fourth crashed in Pennsylvania without ing, and crashed a third, American Airlines Flight 77, into the Pentagon in Washington, ture requests President Bush to use his exec- reaching a possible target in Washington, utive powers and influence to reorient the D.C.; and D.C. The fourth plane, United Airlines Flight 93, which apparently was on its way toward United States Department of Justice to- Whereas, Thousands of innocent Americans wards a policy that fully recognizes the right Washington, D.C., crashed approximately and hundreds of foreign visitors were killed of individual Americans to keep and bear eighty miles from Pittsburgh, Pennsylvania. or injured as a result of these attacks, in- arms as guaranteed by the Second Amend- Shortly thereafter, the Two World Trade cluding the passengers and crew of the four ment to the United States Constitution. jetliners, workers and visitors in the World Center building collapsed as a result of the Trade Center and military and civilian per- damage it sustained, followed quickly by the POM–208. A resolution adopted by the sonnel in the Pentagon; and collapse of the One World Trade Center House of the General Assembly of the State Whereas, Sadly, in the aftermath of the at- building and, later in the day, by the col- of Ohio relative to September 11, 2001; to the tack in New York City both towers of the lapse of the neighboring Seven World Trade Committee on the Judiciary. Center building; and World Trade Center collapsed, killing and in- RESOLUTION juring hundreds more, including rescue Whereas, It is estimated that thousands of Whereas, Our nation and the entire civ- workers trying to locate possible survivors; innocent victims, including police officers, ilized world was shocked and appalled by the and firefighters, and other rescue workers, lost vicious and horrific attacks perpetrated by Whereas, It was the terrorists’ intention, their lives and that thousands more were in- terrorists upon the World Trade Center in through these hate-filled attacks against the jured as a result of these devastatingly evil the City of New York and the Pentagon United States, to intimidate, embarrass and acts of terrorism, causing human suffering of Building in Washington, D.C. on September expose the vulnerability of the United States an incomprehensible magnitude; and Whereas, The President of the United 11, 2001; and as a world power; and Whereas, President George W. Bush and States and the United States Congress right- Whereas, If history is to repeat itself, we the Congress of the United States, Governor ly have interpreted these terrorist acts as a only need to recall the words of Japanese Ad- George Pataki of the State of New York, declaration of war against the United States miral Isoroku Yamamoto, after the surprise Mayor Rudolph Giuliani of the City of New of America and all that it stands for. It is attack on Pearl Harbor, who said, ‘‘We have York, and law enforcement, firefighters, and awakened a sleeping giant and have instilled imperative at this dark time to unite as a other emergency workers of the City of New in him a terrible resolve’’; and nation in order to combat the evil of ter- York, Washington, D.C., and other parts of Whereas, We stand united as a nation to rorism: Now therefore be it our nation immediately took bold action to begin the process of healing and rebuilding, Resolved, That the Senate of the State of protect the citizens of our nation and to pro- not only of symbols and structures of eco- Ohio fully supports the President of the vide leadership and relief for the victims of nomic and military strength, but of our pa- United States and the United States Con- these attacks; and triotism; and gress in the actions they must take in order Whereas, Thousands of people are dead or Whereas, Our most sincere condolences are to seek justice for the devastation that our missing in the City of New York and in extended to the families of our innocent citi- nation has suffered from terrorism and to Washington, D.C., including hundreds of fire- zens and those foreign visitors who have protect our nation from further terrorist fighters, and thus the people of the City of died. Our greatest tribute to them should be acts of aggression; and be it further New York, the State of New York, Wash- that we stand united in our pursuit to bring Resolved, That the Clerk of the Senate ington, D.C., and the United States in gen- their killers to justice and to commit our- transmit duly authenticated copies of this eral are suffering greatly: Now therefore be selves to the war against terrorism around resolution to the President of the United it the globe; therefore, be it States, to the Speaker and Clerk of the Resolved, That the House of Representa- Resolved by the Senate: United States House of Representatives, to tives of the State of Ohio expresses its admi- That the Senate hereby condemns the ac- the President Pro Tempore and Secretary of ration and support for President George W. tion of terrorists and their attack on the the United States Senate, to the members of Bush and the Congress of the United States, United States on September 11, 2001; and, be the Ohio Congressional delegation, and to for Governor George Pataki of the State of it further the news media of Ohio. New York, for Mayor Rudolph Giuliani of the Resolved, That the Senate extends its sin- City of New York, and for the law enforce- cere and heartfelt condolences to the fami- POM–207. A joint resolution adopted by the ment, firefighters, and other emergency lies of our innocent citizens and those for- Legislature of the State of Alaska relative to workers of the City of New York, Wash- eign visitors who have died as a result of anti-gun-ownership policies; to the Com- ington, D.C., and other parts of our nation, these senseless acts of violence; and, be it mittee on the Judiciary. all of whom decisively responded to the ter- further JOINT RESOLUTION rorist attacks in the City of New York and Resolved, That we commit ourselves to Washington, D.C.; and be it further Whereas the founding fathers considered stand united in our pursuit to bring those re- Resolved, That the House of Representa- popular ownership of firearms by private sponsible to justice and to continue our task tives of the State of Ohio expresses its sym- citizens to be a natural right and one of the to rid the world of terrorism; and, be it fur- pathy and support for the family and friends surest safeguards against tyranny and gov- ther of all persons who died because of these ter- ernmental excesses; and Resolved, That the Clerk is hereby directed rorist attacks or the crash of United Airlines Whereas the Second Amendment to the to forward a copy of this resolution to the Flight 93 in Pennsylvania, whether their United States Constitution recognizes and President of the United States, the Sec- death occurred in the airplane or a building, protects the inalienable right of American retary of the United States Senate and the on the ground, or in an attempt to rescue or citizens to keep and bear arms; and Clerk of the United States House of Rep- serve others, and for all of the people of the Whereas, in 1994, art. I, sec. 19, Constitu- resentatives. City of New York, the State of New York, tion of the State of Alaska, was amended by and Washington, D.C.; and be it further an overwhelming majority to specifically POM–206. A resolution adopted by the Sen- Resolved, That the Clerk of the House of protect an Alaskan’s individual right to keep ate of the General Assembly of the State of Representatives transmit duly authenticated and bear arms; and Ohio relative to September 11, 2001; to the copies of this resolution to the President of Whereas the Clinton Administration’s Committee on Foreign Relations. the United States, to the Speaker and Clerk stance on gun ownership moved dangerously of the United States House of Representa- RESOLUTION in the direction of abridging or eliminating tives, to the President Pro Tempore and Sec- Whereas, On Tuesday, September 11, 2001, individual Second Amendment freedoms; and retary of the United States Senate, to mem- the United States of America suffered on its Whereas, under the Clinton Administra- bers of the Ohio Congressional delegation, to own soil the most extensive, devastating, tion, the United States Department of Jus- Governor George Pataki of the State of New and heinous acts of terrorism that have ever tice interpreted the Second Amendment to York, to Mayor Rudolph Giuliani of the City been perpetrated on innocent civilian vic- not protect the right of individual citizens to of New York, and to the news media of Ohio. tims. On that date, four separate groups of keep and bear arms but to apply only to gov- terrorist highjackers took forcible posses- ernmentally recognized military organiza- POM–209. A resolution adopted by the Sen- sion of four different commercial jets and, tions; and ate of the General Assembly of the State of

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11197 Pennsylvania relative to September 11, 2001; brokenhearted families and our bruised na- to our peaceful shores, whether through di- to the Committee on the Judiciary. tion, as we share in the grievous losses of plomacy, the use of intelligence capabilities, RESOLUTION their loved ones; and instruments of law enforcement and elimi- Whereas, In the days that have followed nation of financial resources or every nec- Whereas, On September 11, 2001, the people the tragedy we have heard of people, most essary weapon of war; and of the United States were deliberately at- previously unknown to us, whose lives were Whereas, We recognize that a nation can- tacked without warning or provocation, thus taken through these despicable acts. Let us not maintain peace without a willingness to evoking another day that will ‘‘live in in- celebrate their lives and accomplishments as defend itself against terrorism or aggression; famy’’; and their loss will impoverish our country in and Whereas, Let us never forget the nature ways as of yet unknown; and Whereas, The President of the United and character of this cowardly and brutal at- Whereas, We encourage support for our States has authorized the call-up of 50,000 re- tack in which individuals without conscience President, George W. Bush, as he weighs the servists; and turned the early minutes of a normal work- options before him and seeks wise counsel Whereas, More than 35,000 reservists have day into a vision of horror, with more Amer- for the difficult decisions that must be faced been activated for homeland defense in order ican blood spilled on American soil than any- by our country in the months ahead; and to permit troops to engage in other duties; time since the Civil War; and Whereas, We witness the prayer services, and Whereas, These senseless, inhuman acts candlelight vigils and spontaneous sup- Whereas, Those soldiers, sailors and Ma- have turned our beloved, tranquil homeland portive actions of a grieving nation that are rines now being deployed have our complete into a scene of untold suffering and destruc- a balm to wounded hearts across our strick- support, unending thanks and countless tion; and en land; and prayers; and Whereas, The World Trade Center became a Whereas, Our duty is not to shrink, fearful Whereas, We pray that our men and women tomb for American Airlines Flight 11, car- of the future, but to go boldly to claim our in uniform will be comforted and given rying 81 passengers and 11 crew members, place as a leader among nations and a people strength to perform the very difficult tasks and United Airlines Flight 175, carrying 56 committed to freedom and justice; and ahead of them; and passengers and 9 crew members; and Whereas, We go forth affirming our cher- Whereas, The Pennsylvania Division of the Whereas, United Airlines Flight 93, car- ished liberty and freedoms and now to re- National Guard, known as the 28th Infantry rying 38 passengers and 7 crew members, build an even better America and world; and Division, is the oldest division in the Army crashed in Somerset County, Pennsylvania; Whereas, We go forth fulfilling the promise in continuous service; and and of the future that was taken from so many as Whereas, Pennsylvania has the largest Na- Whereas, American Airlines Flight 77 their sacrifice demands; and tional Guard unit in the United States; and crashed into the Pentagon, killing 58 pas- Whereas, The intent of these horrific acts Whereas, Pennsylvania’s National Guard sengers and 6 crew members; and was to divide us into irreconcilable parts, let has played a crucial role in every major con- Whereas, The unthinkable has occurred us confound such terrorism and come to- flict since the early days of our nation; and with the shedding of American blood on Whereas, The valiant citizen-soldiers of gether as a nation and as a people as never American soil by commercial aircraft under Pennsylvania’s National Guard, all 22,000 before in a spirit of tolerance and true com- the control of suicide hijackers; and men and women, are properly trained and passion for the beliefs that unite us are far Whereas, The bombing of Pearl Harbor stand ready to do whatever is needed in the more plentiful than the items that divide us; nearly 60 years ago resulted in the loss of defense of our Commonwealth, our nation and 2,388 American lives; and and our freedom; therefore be it Whereas, Even as our nation weeps for our Whereas, America gave 3,393 of her sons on Resolved, That the Senate of the Common- murdered fathers, mothers, sons and daugh- D-Day to liberate Europe; and wealth of Pennsylvania and the people of the ters, we will undertake the necessary task of Whereas, The terrorist attacks of Sep- Commonwealth of Pennsylvania commend rebuilding and safeguarding our future; tember 11, 2001, are a tragedy of epic propor- and support the President of the United therefore be it tions, with preliminary reports of 252 con- States as the Commander-in-Chief of our Resolved, That the Senate of the Common- firmed dead, 6,291 injured and updated re- armed services; and be it further wealth of Pennsylvania urge the President ports of 6,453 missing in the destruction of Resolved, That the Senate send its support, and the Congress of the United States and the World Trade Center and 189 presumed prayers and gratitude to all our military this Commonwealth to commemorate every dead in the attack on the Pentagon; and service personnel as they undertake the dif- September 11 as a day of mourning and re- Whereas, The President of the United ficult tasks that may lie ahead; and be it fur- membrance; and be it further States has called these attacks of wanton ag- ther Resolved, That the Senate extend its deep- gression acts of war that will solidify our re- Resolved, That copies of this resolution be est sympathies and condolences to the fami- solve to defeat the forces of terrorism; and transmitted to the President of the United lies and friends of the victims of this terrible Whereas, This is the latest in a long series States, the presiding officers of each house of tragedy; and be it further of murderous rampages committed against Congress and to each member of Congress Resolved, That the Senate unanimously and the United States and the world, including: from Pennsylvania. unequivocally condemn those individuals the October 1983 bombing of the Marine bar- and countries who played any part in the racks in Beirut, the December 1988 bombing POM–211. A resolution adopted by the shedding of innocent American blood; and be of the Pan Am Flight over Lockerbie, Scot- Grand Lodge of Ancient Free and Accepted it further land, the February 1993 truck bomb which Masons of the State of Missouri relative to Resolved, That copies of this resolution be crippled the World Trade Center, the August National Respect; to the Committee on Gov- transmitted to the President of the United 1998 bomb attacks on the United States em- ernmental Affairs. States, the presiding officers of each house of bassies in Kenya and Tanzania and the sui- POM–212. A resolution adopted by the Congress and to each member of Congress cide attack on the USS Cole in October 2000; Guam Legislature relative to September 11, from Pennsylvania. and 2001; to the Committee on Energy and Nat- Whereas, The attacks on the people of the ural Resources. POM–210. A resolution adopted by the Sen- United States are attacks on the people of POM–213. A resolution adopted by the ate of the General Assembly of the State of the entire civilized world as at least 62 coun- Commission of the City of Miami, Florida Pennsylvania relative to the nations re- tries lost citizens in the carnage at the relative to September 11, 2001; to the Com- sponse to September 11, 2001; to the Com- World Trade Center; and mittee on Governmental Affairs. mittee on Armed Services. Whereas, The world is outraged and shocked by such death and senseless may- RESOLUTION POM–214. A resolution adopted by the hem and there appears to be no limit to the Whereas, As our nation prepares its re- Commission of the City of Miami, Florida malice of those who must find some incon- sponse to the horrors visited on our people relative to monies collected and earmarked ceivable satisfaction from the slaughter of on September 11, 2001, we pause to lend our to assist the victims of September 11, 2001; to innocents; and support and give thanks to those who will be the Committee on Health, Education, Labor, Whereas, Our national resolve has come to- seeking justice for our beloved dead and in- and Pensions. POM–215. A resolution adopted by the City gether as never before, for we, as one people, jured; and Council of Independence, Ohio relative to im- have a spirit that is solid and impenetrable; Whereas, As the President of the United mediate action to enact measures to assist and States, George W. Bush, said in his speech to in restoring LTV Steel and the domestic Whereas, Over $200 million has been do- the nation during a joint session of the Con- steel industry to a competitive position and nated to date for financial assistance and aid gress of the United States on September 20, declaring an emergency; to the Committee to the victims of the attacks; and 2001: ‘‘Whether we bring our enemies to jus- Whereas, Those who cause us harm will be tice, or bring justice to our enemies, justice on Finance. brought to justice in a world made smaller will be done’’; and f by the unity of all peoples of good will; and Whereas, We wholeheartedly support the REPORTS OF COMMITTEES Whereas, We encourage all Pennsylvania President of the United States in his pledge and Americans to pray for peace, the end of to use every resource at America’s disposal The following reports of committees conflict and comfort for the victims, their to successfully conclude the conflict brought were submitted:

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By Mr. LIEBERMAN, from the Committee CRAPO, Mr. BAYH, Mr. BENNETT, Mr. By Mr. BOND (for himself, Mr. GRA- on Governmental Affairs, without amend- CARPER, Ms. COLLINS, Mr. ENSIGN, HAM, Mr. VOINOVICH, Mr. JEFFORDS, ment: Mr. HOLLINGS, Mr. HUTCHINSON, Mr. and Mr. CRAPO): S. 1202: A bill to amend the Ethics in Gov- INHOFE, Mr. KYL, Mrs. LINCOLN, Mr. S. Con. Res. 80. A concurrent resolution ex- ernment Act of 1978 (5 U.S.C. App.) to extend MURKOWSKI, Mrs. MURRAY, and Mr. pressing the sense of Congress regarding the the authorization of appropriations for the SMITH of Oregon): 30th anniversary of the enactment of the Office of Government Ethics through fiscal S. 1588. A bill to provide a 1-year extension Federal Water Pollution Control Act; to the year 2006. (Rept. No. 107-88). of the date for compliance by certain covered Committee on Environment and Public By Mr. KENNEDY, from the Committee on entities with the administrative simplifica- Works. Health, Education, Labor, and Pensions, tion standards for electronic transactions f with an amendment: and code sets issued in accordance with the H.R. 717: A bill to amend the Public Health Health Insurance Portability and Account- ADDITIONAL COSPONSORS Service Act to provide for research and serv- ability Act of 1996; to the Committee on Fi- ices with respect to Duchenne muscular dys- nance. S. 414 trophy. By Mr. ROCKEFELLER (for himself, At the request of Mr. CLELAND, the By Mr. LEAHY, from the Committee on Mr. WELLSTONE, and Mr. BAUCUS): names of the Senator from Missouri the Judiciary, with an amendment in the na- S. 1589. A bill to amend title XVIII of the (Mrs. CARNAHAN) and the Senator from Social Security Act to expand medicare ben- ture of a substitute: Louisiana (Ms. LANDRIEU) were added H.R. 2215: A bill to authorize appropria- efits to prevent, delay, and minimize the pro- gression of chronic conditions, establish pay- as cosponsors of S. 414, a bill to amend tions for the Department of Justice for fiscal the National Telecommunications and year 2002, and for other purposes.. ment incentives for furnishing quality serv- S. 1319: A bill to authorize appropriations ices to people with serious and disabling Information Administration Organiza- for the Department of Justice for fiscal year chronic conditions, and develop national tion Act to establish a digital network 2002, and for other purposes. policies on effective chronic condition care, technology program, and for other pur- and for other purposes; to the Committee on poses. f Finance. S. 583 EXECUTIVE REPORTS OF By Mr. VOINOVICH (for himself and Ms. LANDRIEU): At the request of Mr. KENNEDY, the COMMITTEES S. 1590. A bill to amend the National Envi- name of the Senator from Arkansas The following executive reports of ronmental Policy Act of 1969 to improve the (Mrs. LINCOLN) was added as a cospon- committees were submitted: environmental review process that is associ- sor of S. 583, a bill to amend the Food By Mr. LEVIN for the Committee on ated with authorizations required under Fed- Stamp Act of 1977 to improve nutrition Armed Services. eral law for construction, operation, or assistance for working families and the Navy nominations beginning Rear Adm. maintenance of energy facilities; to the elderly, and for other purposes. Committee on Environment and Public (lh) Jose L. Betancourt and ending Rear S. 721 Adm. (lh) Thomas E. Zelibor, which nomina- Works. tions were received by the Senate and ap- By Mr. VOINOVICH (for himself, Ms. At the request of Mr. HUTCHINSON, ANDRIEU, Mr. SMITH of New Hamp- peared in the Congressional Record on Sep- L the names of the Senator from Lou- shire, and Mr. INHOFE): tember 10, 2001. isiana (Ms. LANDRIEU) and the Senator S. 1591. A bill to promote the safe and effi- Air Force nomination of Gen. Hal M. from New York (Mrs. CLINTON) were cient supply of energy while maintaining Hornburg. strong environmental protections; to the added as cosponsors of S. 721, a bill to Army nomination of Donald W. Dawson III. Committee on Environment and Public amend the Public Health Service Act Army nomination of Daniel M. Macguire. Works. to establish a Nurse Corps and recruit- Army nomination of Christopher M. Mur- By Mr. NELSON of Florida: ment and retention strategies to ad- phy. S. 1592. A bill to amend title XI of the So- Army nomination of Daniel F. Lee. dress the nursing shortage, and for cial Security Act to prohibit Federal funds other purposes. Air Force nominations beginning Brigadier from being used to provide payments under a S. 987 General James P. Czekanski and ending Federal health care program to any health Colonel Erika C. Steuterman, which nomina- care provider who charges a membership or At the request of Mr. TORRICELLI, the tions were received by the Senate and ap- any other extraneous or incidental fee to a name of the Senator from Oregon (Mr. peared in the CONGRESSIONAL RECORD on Oc- patient as a prerequisite for the provision of SMITH of Oregon) was added as a co- tober 18, 2001. an item or services to the patient; to the sponsor of S. 987, a bill to amend title (Nominations without an asterisk Committee on Finance. XIX of the Social Security Act to per- were reported with the recommenda- By Mr. JEFFORDS (for himself, Mr. mit States the option to provide med- SMITH of New Hampshire, and Mr. tion that they be confirmed.) icaid coverage for low-income individ- CRAPO): f S. 1593. A bill to authorize the Adminis- uals infected with HIV. INTRODUCTION OF BILLS AND trator of the Environmental Protection S. 990 Agency to establish a grant program to sup- JOINT RESOLUTIONS At the request of Mr. SMITH of New port research projects on critical infrastruc- Hampshire, the names of the Senator ture protection for water supply systems, The following bills and joint resolu- from Vermont (Mr. JEFFORDS) and the tions were introduced, read the first and for other purposes; to the Committee on Environment and Public Works. Senator from Vermont (Mr. LEAHY) and second times by unanimous con- were added as cosponsors of S. 990, a sent, and referred as indicated: By Mrs. CLINTON (for herself, Mr. SMITH of Oregon, Mr. KENNEDY, and bill to amend the Pittman-Robertson By Mr. LIEBERMAN (for himself and Mrs. MURRAY): Wildlife Restoration Act to improve Mr. ENSIGN): S. 1594. A bill to amend the Public Health the provisions relating to wildlife con- S. 1585. A bill to establish grant and schol- Service Act to provide programs to improve servation and restoration programs, arship programs to enable hospitals to retain nurse retention, the nursing workplace, and and for other purposes. and further educate their nursing staffs; to the quality of care; to the Committee on the Committee on Health, Education, Labor, Health, Education, Labor, and Pensions. S. 1140 and Pensions. f At the request of Mr. HATCH, the By Mr. INHOFE (for himself and Mr. names of the Senator from North Caro- SMITH of New Hampshire): SUBMISSION OF CONCURRENT AND lina (Mr. HELMS) and the Senator from S. 1586. A bill to amend the Atomic Energy SENATE RESOLUTIONS Georgia (Mr. CLELAND) were added as Act of 1954 to authorize the carrying of fire- arms by employees of licensees, and for other The following concurrent resolutions cosponsors of S. 1140, a bill to amend purposes; to the Committee on Energy and and Senate resolutions were read, and chapter 1 of title 9, United States Code, Natural Resources. referred (or acted upon), as indicated: to provide for greater fairness in the By Mr. KERRY (for himself, Mr. By Mr. MILLER (for himself and Mr. arbitration process relating to motor BREAUX, and Mr. HOLLINGS): HELMS): vehicle franchise contracts. S. 1587. A bill to provide improved port and S. Res. 174. A resolution expressing appre- S. 1224 maritime security, and for other purposes; to ciation to the United Kingdom for its soli- the Committee on Commerce, Science, and darity and leadership as an ally of the At the request of Mr. ALLARD, the Transportation. United States and reaffirming the special re- name of the Senator from Mississippi By Mr. CRAIG (for himself, Mr. DOR- lationship between the two countries; to the (Mr. COCHRAN) was added as a cospon- GAN, Mr. GRASSLEY, Mr. BAUCUS, Mr. Committee on Foreign Relations. sor of S. 1224, a bill to amend title

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11199 XVIII of the Social Security Act to ex- (Mr. SMITH), the Senator from Illinois These very tenets make up the Amer- tend the availability of medicare cost (Mr. DURBIN), the Senator from Florida ican Nurse Credentialing Center’s contracts for 10 years. (Mr. NELSON of Florida), the Senator ‘‘Magnet’’ accreditation process of S. 1292 from Louisiana (Ms. LANDRIEU), the nursing services at hospitals. As a re- At the request of Mr. EDWARDS, the Senator from New Jersey (Mr. sult, Magnet hospitals lead the way in name of the Senator from South Da- TORRICELLI), and the Senator from Vir- attracting and retaining nurses. Many hospitals have begun to take kota (Mr. JOHNSON) was added as a co- ginia (Mr. ALLEN) were added as co- sponsor of S. 1292, a bill to amend the sponsors of S. Res. 171, a resolution ex- these steps already. But more must be Internal Revenue Code of 1986 to allow pressing the sense of the Senate con- done. There must be incentives for hos- a credit against income tax for dry and cerning the provision of funding for pitals to revise their management prin- ciples to improve the quality of the wet cleaning equipment which uses bioterrorism preparedness and re- work environment in the hospital, ini- non-hazardous primary process sol- sponse. tiate aggressive retention programs for vents. f nurses currently working in the hos- S. 1499 STATEMENTS ON INTRODUCED pital setting, and create the types of At the request of Mr. KERRY, the BILLS AND JOINT RESOLUTIONS programs that will increase personal name of the Senator from Oregon (Mr. By Mr. LIEBERMAN (for himself and professional satisfaction for the SMITH of Oregon) was added as a co- and Mr. ENSIGN): nurses in their facilities. sponsor of S. 1499, a bill to provide as- S. 1585. A bill to establish grant and That is why I am introducing the sistance to small business concerns ad- scholarship programs to enable hos- Hospital Based Nursing Initiative Act versely impacted by the terrorist at- pitals to retain and further educate of 2001. This bill will create innovative tacks perpetrated against the United their nursing staffs; to the Committee incentives for hospitals that have States on September 11, 2001, and for on Health, Education, Labor, and Pen- taken the first steps in developing ag- other purposes. sions. gressive retention techniques and de- S. 1520 Mr. LIEBERMAN. Madam President, velop a scholarship program for hos- At the request of Mr. BAYH, the I rise today to introduce the Hospital pital-based nurses to return to school names of the Senator from Maryland Based Nursing Initiative Act, a bill on full tuition scholarship to complete (Mr. SARBANES) and the Senator from that will create new and innovative in- a nursing degree. The first component of this bill will Virginia (Mr. ALLEN) were added as co- centives to lessen the impact of the create a competitive grant program sponsors of S. 1520, a bill to assist critical shortage of nurses in our Na- that would provide funds to hospitals States in preparing for, and responding tion’s hospitals. I am very pleased that of up to $600,000 based on staffed bed to, biological or chemical terrorist at- my respected colleague, Senator JOHN size for nursing services to use to bol- tacks. ENSIGN, is joining as sponsor of this ster their retention efforts and improve S. 1530 legislation/ the work environment for the nursing Before I get into the specific about At the request of Mr. HOLLINGS, the staff in the hospital. These grants the bill, I’d like to talk about the over- name of the Senator from Maryland would be made available every two all condition of nursing in America for (Mr. SARBANES) was added as a cospon- years on a competitive basis. Several a moment. Several studies have been sor of S. 1530, a bill to provide im- major nursing and hospital organiza- completed in the past year that show proved safety and security measures tions, such as the American Hospital troubling trends developing in this his- for rail transportation, provide for im- Association, American Nurses Associa- toric profession. Take for example, the proved passenger rail service, and for tion, American College of Health Care other purposes. study that reflects a 41 percent dis- Executives, the American Organization S. 1539 satisfaction rate among nurses in of Nurse Executives, the American At the request of Mrs. CLINTON, the America, higher than the dissatisfac- Academy of Nursing, the Pennsylvania names of the Senator from North Caro- tion rate in most other countries State Nurses Association and the lina (Mr. EDWARDS) and the Senator throughout the world. Think about American Federation of Hospitals have from Maryland (Mr. SARBANES) were that for a moment, 4 out of 10 nurses in wholeheartedly endorsed this bill. I am added as cosponsors of S. 1539, a bill to America are dissatisfied with their pro- pleased that legislation which incor- protect children from terrorism. fession. porates a number of ideas in this bill is Another study reveals that nearly S. 1552 moving toward markup in the Senate one third of nurses under the age of 30 At the request of Mr. HARKIN, the Health, Education, Labor and Pensions plan to leave the nursing profession name of the Senator from Minnesota Committee. I appreciate the coopera- within the next year. In addition, the (Mr. DAYTON) was added as a cosponsor tive spirit with which members of the average age of nurses in America is 45, of S. 1552, a bill to provide for grants committee have worked together on with many nurses headed toward early through the Small business Adminis- these ideas. retirement. We cannot afford to lose tration for losses suffered by general The second part of my bill would both the older and younger nurses at aviation small business concerns as a allow nurses who work in hospitals to the same time. Further, while the result of the terrorist attacks of Sep- return to school on a full tuition schol- number of people that are being hos- tember 11, 2001. arship in order to complete a Bachelor pitalized may continue to decrease, of Science in Nursing. This ‘‘Bridge’’ S. 1567 those people who are being admitted scholarship program targets the nearly At the request of Mr. ENZI, the names are sicker and need more intensive 55 percent of the nursing workforce of the Senator from Pennsylvania (Mr. nursing care. Not a very rosy picture who hold an Associate’s Degree in SANTORUM) and the Senator from North for patients who are sick. We need to Nursing or Diploma in Nursing. Under Carolina (Mr. HELMS) were added as co- ask will there be someone to provide the Bridge program, nurses will have sponsors of S. 1567, a bill to foster inno- care for them? up to three years to complete the vation and technological advancement The shortage of nurses has severely Bachelor’s degree. In turn, nurses who in the development of the Internet and affected the health care industry. And accept the scholarship must agree to electronic commerce, and to assist the hospitals have been hit the hardest work in the sponsoring hospitals for States in simplifying their sales and since nearly 60 percent of nurses work the same number of months that they use taxes. in hospitals. Further, we know that receive scholarship funding. This pro- At the request of Mr. ENZI, his name when nurses have more autonomy, gram is a win-win situation: It provides was withdrawn as a cosponsor of S. greater control and input into the deci- ongoing advanced education for nurses 1567, supra. sion making process, and better com- who seek a higher level of training and S. RES. 171 munication with physicians and hos- we keep skilled nurses working in our At the request of Mr. FRIST, the pital administration, they are more hospitals. names of the Senator from Delaware likely to experience greater job satis- We have the opportunity to make a (Mr. BIDEN), the Senator from Oregon faction and stay in their jobs longer. difference. With the bill that Senator

VerDate Mar 15 2010 04:06 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 S11200 CONGRESSIONAL RECORD — SENATE October 30, 2001 ENSIGN and I are now introducing, we ‘‘(1) DIVISION.—The term ‘Division’ means ‘‘(ii) PARTICIPATION IN DECISIONMAKING.— can take the necessary steps to thwart the Nursing Division of the Bureau of Health The nurse leadership of the hospital has de- the nursing shortage and provide the Professions of the Health Resources and veloped and implemented policies and prac- critical incentives for hospitals to re- Services Administration. tices that— ‘‘(2) NURSE LEADERSHIP.—The term ‘nurse ‘‘(I) ensure participation of the nursing tain their nurses. We must do all we leadership’ includes— staff of the hospital in the decisionmaking can to improve job satisfaction for ‘‘(A) nurse executives; processes of the hospital; and nurses, provide them with opportuni- ‘‘(B) nurse administrators; and ‘‘(II) foster the nursing staff’s ability to ties for advanced education, and keep ‘‘(C) nurse managers. maintain autonomy in the delivery of care. nurses on the job. The Hospital Based ‘‘(3) PROFESSIONAL NURSE.—The term ‘pro- ‘‘(D) NURSE EXECUTIVE PARTICIPATION.—The Nursing Initiative is the right bill at fessional nurse’ means a registered nurse nurse executive in the hospital participates the right time. I urge my colleagues to who holds a valid and unrestricted license to and provides input in all facets of senior practice nursing in a State. level management as a member of the execu- support this legislation and help ease tive team of the hospital. the burden on hospitals and nurses in ‘‘SEC. 852. QUALITY OF WORK ENVIRONMENT AND RETENTION GRANT PROGRAM. ‘‘(E) NURSE RETENTION COMMITTEE.—The our hospitals. nurse leadership of the hospital has orga- ‘‘(a) AUTHORIZATION OF GRANTS.—The Sec- I ask unanimous consent that the retary may award grants to hospitals— nized a Nurse Retention Committee that— text of the bill be printed in the ‘‘(1) to improve the quality of the work en- ‘‘(i) includes nursing staff representatives RECORD. I further ask unanimous con- vironment in hospitals; from the various nursing specialties prac- sent that letters supporting this legis- ‘‘(2) to initiate aggressive retention pro- ticing in the hospital; ‘‘(ii) meets on a regular basis and forwards grams for nurses employed in hospitals; and lation and its approach from each of recommendations for initiatives to increase ‘‘(3) to employ aggressive recruiting tac- the organizations I cited above like- nurse retention to the nurse leadership; and tics to attract nurses back to hospitals. wise be printed in the RECORD. ‘‘(iii) works with the nurse leadership of ‘‘(b) APPLICATION.— There being no objection, the bill and the hospital to address and forward the rec- ‘‘(1) DEVELOPMENT OF APPLICATION FORM.— ommendations under clause (ii) to the execu- additional material was ordered to be Not later than October 1, 2002, the Secretary tive team of the hospital. printed in the RECORD, as follows: shall develop an application form that a hos- ‘‘(F) NURSE RESIDENCY TRAINING PRO- S. 1585 pital shall use in applying for a grant under GRAM.— this section. Be it enacted by the Senate and House of Rep- ‘‘(i) IN GENERAL.—The hospital has devel- resentatives of the United States of America in ‘‘(2) SUBMISSION.—Each hospital desiring a oped a Nurse Residency Training Program Congress assembled, grant under subsection (a) shall submit an (referred to in this section as the ‘NRTP’) SECTION 1. SHORT TITLE. application to the Division at such time, in for— This Act may be cited as the ‘‘Hospital- such manner, and accompanied by such in- ‘‘(I) new graduate nurses entering the Based Nursing Initiative Act of 2001’’. formation as the Secretary may reasonably workforce on a full-time basis in a hospital require. SEC. 2. FINDINGS. setting; and ‘‘(3) DUTIES OF THE DIVISION.—The Division Congress finds that— ‘‘(II) nurses returning to a hospital staff on shall— (1) a Department of Health and Human a full-time basis after an absence of not less ‘‘(A) review each application submitted Services study found a correlation between than 3 years without working in the nursing under paragraph (2); and the number of registered nurses on the staff field. ‘‘(B) not later than 30 business days after of a facility and patient health outcomes; ‘‘(ii) RETURNING NURSES.—The nurse leader- receipt of an application submitted under (2) studies have shown that hospitals that ship of the hospital evaluates the skills and paragraph (2), forward the application to the promote greater autonomy for nurses, great- competencies of each nurse described in Secretary with a recommendation as to er nurse control and input into the decision- clause (i)(II) to determine— whether the Secretary should award a grant making process in the hospital setting, bet- (I) whether that nurse needs to participate to the applicant. ter communication between nurses and phy- in the NRTP; and ‘‘(4) DUTIES OF THE SECRETARY.—Not later sicians, and input from nurses at the execu- (II) for how long that nurse should partici- than 30 business days after receipt of an ap- tive level in the hospital lead to increased pate in the NRTP if it is determined under plication from the Division under paragraph retention of and satisfaction for nurses; subclause (I) that the nurse needs to partici- (3), the Secretary shall determine whether to (3) the job dissatisfaction rate among pate in the NRTP. award a grant to the applicant. nurses in the United States, 41 percent, is ‘‘(iii) TRAINING.—The— ‘‘(c) GRANT APPROVAL CRITERIA.— higher than in most other countries; ‘‘(I) hospital coordinates, to the greatest ‘‘(1) PRIORITY CRITERIA.—The Secretary extent possible, the NRTP with an accred- (4) 1⁄3 of nurses under the age of 30 are plan- shall give priority in awarding grants under ning to leave the nursing profession within ited school of nursing; or this section to hospitals that have not pre- the next year; ‘‘(II) NRTP is not less than 3 months and viously received a grant under this section. (5) hospitals employ nearly 60 percent of not more than 1 year in duration and accom- ‘‘(2) REQUIREMENTS.—Before awarding a the entire nursing workforce; modates sufficient training opportunities as grant under subsection (a), the Secretary (6) while the number of inpatient hos- determined by the nurse leadership in the fa- shall assure that the hospital meets the fol- pitalizations is expected to continue to de- cility. lowing criteria: crease, the acuity of those patients requiring ‘‘(G) CONTINUING EDUCATION.—The hospital ‘‘(A) MULTIPLE GRANTS.—The hospital has hospital stays is expected to increase; promotes and, to the greatest extent pos- not received a grant under this section dur- (7) the projected supply of registered sible, provides continuing education for the ing the previous 2 year period. nurses is anticipated to grow at a rate of less nursing staff— ‘‘(B) SYSTEM OF PATIENT OUTCOMES MEAS- than 1.5 percent per year through the next 8 ‘‘(i) to obtain nursing-related certification; UREMENT.— years, while the demand rate (growth) is pro- ‘‘(ii) to maintain continuing education ‘‘(i) IN GENERAL.—The nurse leadership and jected to be over 21 percent per year; units as required for nursing-licensure; and professional nurses of the hospital have de- (8) there must be incentives for hospitals ‘‘(iii) to further clinical skills through ad- veloped a system of patient outcomes meas- to revise management principles to improve vanced training opportunities. urement. the quality of the work environment in hos- ‘‘(H) RECOGNITION AND REWARD PROGRAM.— ‘‘(ii) DELIVERY OF CARE.—The system of pa- pitals, initiate aggressive retention pro- The hospital has developed a recognition and tient outcomes measurement under clause (i) grams for the nurses currently employed in reward program in conjunction with sub- evaluates the specific care needs of the pa- hospital settings, and employ aggressive re- paragraph (G) for a nurse who obtains a nurs- tients served by the hospital and the edu- cruiting tactics to attract nurses back to ing-related certification from an accredited cational needs of the nursing staff of the hos- hospital settings; and or professionally recognized organization pital to ensure that the care the hospital is (9) while numerous hospitals have begun to that provides— providing is meeting the needs of the pa- take the necessary steps to address these ‘‘(i) financial recognition and rewards; or tients. issues, Congress recognizes the need for ‘‘(ii) non-financial recognition and rewards ‘‘(iii) FUNDING.—The hospital allocates suf- intervention and stimulus. that are determined by the Nurse Retention ficient funds to carry out the system of pa- Committee of the hospital to be appropriate. SEC. 3. NURSE GRANT AND SCHOLARSHIP PRO- tient outcomes measurement under clause ‘‘(d) ALLOCATION.— GRAMS. (i). ‘‘(1) IN GENERAL.—The Secretary shall de- Title VIII of the Public Health Service Act ‘‘(C) DECISIONMAKING.— termine the amount of a grant awarded to a (42 U.S.C. 296 et seq.) is amended by adding ‘‘(i) MULTIDISCIPLINARY APPROACH.—The hospital under this section on a case by case at the end the following: hospital uses a multidisciplinary decision- basis subject to paragraph (2). ‘‘PART H—NURSE GRANT AND making process that incorporates the input ‘‘(2) MAXIMUM AMOUNTS.—The Secretary SCHOLARSHIP PROGRAM of the nursing staff of the hospital when re- shall not award a grant exceeding— ‘‘SEC. 851. DEFINITIONS. finements, resulting from the evaluation ‘‘(A) $200,000 for a hospital with less than ‘‘In this part: under subparagraph (B)(ii), are developed. 100 staffed beds;

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‘‘(B) $400,000 for a hospital with less than ‘‘(A) review the materials forwarded under ‘‘(1) INDIVIDUAL.—Subject to paragraph (3), 400 staffed beds; and paragraph (3); and if an individual participates in the program ‘‘(C) $600,000 for a hospital with 400 or more ‘‘(B) not later than 30 days after receipt of under this section and agrees to work as a staffed beds. the materials forwarded under paragraph (3), nurse at the sponsoring hospital for a period ‘‘(e) RECEIPT OF FUNDS.—Not later than 60 forward the materials to the Secretary with of time in consideration for receipt of a days after awarding a grant to a hospital a recommendation as to whether the Sec- scholarship to pursue a degree, the indi- under subsection (a), the Secretary shall dis- retary should award a scholarship to the ap- vidual is liable to the Federal Government tribute the grant funds to the hospital. plicant. for the amount of such scholarship, and for ‘‘(f) USES OF FUNDS.—A grant awarded to a ‘‘(5) DUTIES OF THE SECRETARY.—Not later interest on such amount at the maximum hospital under subsection (a) shall be used than 30 days after— legal prevailing rate, if the individual— for 1 or more of the following: ‘‘(A) receipt of the materials forwarded ‘‘(A) fails to work as a nurse in accordance ‘‘(1) Improvements to the work environ- under paragraph (4), the Secretary shall ap- with subsection (d)(2)(B)(iv); ment of the hospital for the nursing staff prove or disapprove the application sub- ‘‘(B) fails to maintain an acceptable level that improves the nursing staff’s job satis- mitted under paragraph (2); and of academic standing in the degree program faction or safety, or both. ‘‘(B) the Secretary approves or disapproves (as indicated by the accredited school of ‘‘(2) To provide continuing education pro- an application under subparagraph (A), the nursing in accordance with requirements es- grams for the nursing staff. Secretary shall notify the applicant in writ- tablished by the Secretary); ‘‘(3) To continue the Nurse Residency ing of the approval or disapproval. ‘‘(C) is dismissed from the degree program Training Program. ‘‘(d) CONTRACT.— for disciplinary reasons; or ‘‘(4) To carry out initiatives recommended ‘‘(1) IN GENERAL.—The Secretary shall de- ‘‘(D) voluntarily terminates the degree by the Nursing Retention Committee of the velop a written contract for participation in program. hospital to increase retention of the nursing the program. ‘‘(2) SPONSORING HOSPITAL.—If the spon- staff. ‘‘(2) CONTENT.—The contract described in soring hospital fails to comply with sub- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— paragraph (1) shall be an agreement between section (d)(2)(C)(ii), the sponsoring hospital There is authorized to be appropriated to the Secretary, the individual, and the spon- is liable to the Federal Government for the carry out this section $30,000,000 for each of soring hospital that states that, subject to amount of the scholarship, and for interest fiscal years 2003 through 2005 and such sums paragraph (3)— on such amount at the maximum legal pre- as are necessary for each of fiscal years 2006 vailing rate, of the individual whose employ- and 2007. ‘‘(A) the Secretary agrees to— ‘‘(i) provide the individual with a scholar- ment was terminated. ‘‘SEC. 853. BRIDGE SCHOLARSHIP PROGRAM. ship in each school year, not to exceed 3 ‘‘(3) WAIVER OR SUSPENSION OF LIABILITY.— ‘‘(a) PROGRAM AUTHORIZED.—The Secretary years, in which the individual is pursuing The Secretary shall waive liability— shall establish a Bridge Scholarship Program the degree; and ‘‘(A) under paragraph (1) if compliance by (referred to in this section as the ‘program’) ‘‘(ii) accept the individual into the pro- the individual with the agreement involved to provide scholarships to hospital-based is impossible due to a catastrophic life event professional nurses to enable such nurses to gram; of the individual; or complete a Bachelor of Science in Nursing ‘‘(B) the individual agrees to— ‘‘(B) under paragraph (1)(A) if the spon- degree (referred to in this section as the ‘de- ‘‘(i) accept any provision of such a scholar- soring hospital terminates the employment gree’) in exchange for service from such ship; of the individual. nurses in sponsoring hospitals upon comple- ‘‘(ii) maintain enrollment in the accredited ‘‘(g) REPORT.— tion of such degree. school of nursing until the individual com- ‘‘(1) IN GENERAL.—Not later than 18 months ‘‘(b) ELIGIBILITY.—To be eligible to partici- pletes the degree; after the first scholarship is awarded under pate in the program an individual shall— ‘‘(iii) while enrolled in the accredited this section, the Division shall submit to ‘‘(1) be employed by a hospital; school of nursing, maintain an acceptable Congress a report evaluating the success of ‘‘(2) be accepted for enrollment, or be en- level of academic standing; and the program. rolled, in an accredited school of nursing; ‘‘(iv) work as a nurse at the sponsoring ‘‘(2) INFORMATION.—In order to prepare the ‘‘(3) submit the required materials in ac- hospital upon completion of the degree for a report under paragraph (1), the Division shall cordance with subsection (c)(2); and period of 1 month for each month the indi- maintain information about the scholarship ‘‘(4) be able to complete the degree not vidual was provided a scholarship under the recipients under this section, including— later than 3 years after enrolling in the ac- program; and ‘‘(A) grade reports from the accredited credited school of nursing. ‘‘(C) the sponsoring hospital agrees to— ‘‘(c) APPLICATION PROCESS.— ‘‘(i) provide the option for the individual to schools of nursing; ‘‘(1) DEVELOPMENT OF APPLICATION FORM.— work as a nurse while the individual is en- ‘‘(B) the degree graduation rate; and The Secretary shall develop an application rolled in the accredited school of nursing for ‘‘(C) the default rate on the contracts form that an individual shall use to apply for any employment-shifts on which the indi- under the program. ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— a scholarship under the program. vidual and sponsoring hospital jointly agree There is authorized to be appropriated to ‘‘(2) SUBMISSION.—Each individual desiring (such work will not count towards the re- carry out this section $20,000,000 for each of a scholarship under the program shall sub- quirements of the individual to work at the fiscal years 2003 through 2005 and such sums mit to the hospital where the individual is sponsoring hospital under subparagraph as are necessary for each of fiscal years 2006 employed— (B)(iv)); and and 2007.’’. ‘‘(A) an official letter from each State li- ‘‘(ii) if the sponsoring hospital terminates censing agency where the individual is li- the employment of the individual while the AMERICAN HOSPITAL ASSOCIATION, censed to practice nursing that the indi- individual is working at the sponsoring hos- Washington, DC, October 8, 2001. vidual— pital pursuant to subparagraph (B)(iv), sub- Hon. JOSEPH LIEBERMAN, ‘‘(i) has an unrestricted license to practice mit to the Secretary a written explanation as to why the individual was terminated. U.S. Senate, Washington, DC. nursing; and DEAR SENATOR LIEBERMAN: The American ‘‘(3) LIMITATION.—The contract described in ‘‘(ii) is in good standing; Hospital Association (AHA) commends your paragraph (1) shall contain a provision that ‘‘(B) an application for participation in the efforts to address the nursing workforce any financial obligation of the United States program; shortage in your bill, The Hospital-Based arising out of a contract entered into under ‘‘(C) proof of acceptance for enrollment, or Nursing Initiative Act of 2001, and is pleased enrollment in, an accredited school of nurs- this section and any obligation of the indi- to endorse your legislation. We believe your ing; and vidual and the sponsoring hospital which is bill is an important component in the overall ‘‘(D) a written contract accepting payment conditioned thereon, is contingent upon strategy of addressing the national nursing of a scholarship in exchange for providing funds being appropriated for scholarships shortage. the required service in the hospital where under this section. The AHA represents nearly 5,000 hospitals, the individual is employed. ‘‘(e) PAYMENT.— health systems, networks and other health ‘‘(3) DUTY OF THE HOSPITAL.—A hospital ‘‘(1) IN GENERAL.—A scholarship provided care provider members. that receives the materials described in to an individual under the program shall Hospitals and health care facilities across paragraph (2) shall— consist of payment to, or (in accordance with America are experiencing a critical shortage ‘‘(A) make a determination as to whether paragraph (2)) on behalf of, the individual of of nurses. A recent AHA survey of the work- to enter into the contract under paragraph the amount of the tuition of the individual force shows that there are currently up to (2)(D) with the individual; and in such school year. 126,000 Registered Nurses (RNs) needed by ‘‘(B) if the hospital elects to enter into the ‘‘(2) CONTRACT.—The Secretary may con- hospitals today. Over the past five years, en- contract with the individual, not later than tract with an accredited school of nursing, in rollments in nursing programs have declined May 31 of each calendar year, forward the which an individual in the program is en- and this trend is expected to continue for the materials it receives under paragraph (2) to rolled, for the payment to the accredited foreseeable future. The average age of a the Division. school of nursing of the amount of tuition working RN is now over 43 years old, and is ‘‘(4) DUTIES OF THE DIVISION.—The Division described in paragraph (1). expected to continue to increase before peak- shall— ‘‘(f) BREACH OF AGREEMENT.— ing at age 45.5 in 2010, when many RNs will

VerDate Mar 15 2010 04:06 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 S11202 CONGRESSIONAL RECORD — SENATE October 30, 2001 begin to retire. And, the need for nurses will important bridge programs for registered improving the work environment for nursing be further compounded by the potential nurses currently employed in hospitals to staff; fostering nursing leadership; providing health care demands of the looming 78 mil- move from diploma and Associate Degree continuing education programs for nurses; lion aging ‘‘baby boomers’’ who will begin to levels of education on to a Bachelor of creating recognition and reward programs retire over the next 10 years. Science degree within three years. for nurses who obtain nursing-related certifi- The current nursing shortage is creating AONE applauds your efforts to address the cation; and finally, offering educational as- an environment with the potential to jeop- nursing shortage through this innovative sistance for nurses to earn their Bachelor of ardize hospitals’ ability to provide timely grant and scholarship program. We look for- Science Degree in Nursing. We believe this access to non-emergency, as well as emer- ward to working with you to solve this crit- bill encompasses the various elements to gency, services. An inadequate number and ical health manpower problem. make a genuine difference and increase the mix of personnel has caused some facilities Sincerely, nursing population. to close beds, put emergency rooms on ‘‘di- PAMELA A. THOMPSON, MSN, RN, Thank you for your work in developing vert’’ status, delay elective surgeries, and Executive Director. this legislation. If there is anything ACHE pare down hospital services. DIANNE ANDERSON, MS, RN, can do to assist further in this endeavor, Hospitals have enlisted many strategies President. please contact Susan M. Oster, CAE, Vice and creative approaches to address the nurs- President, Administration at (312) 424–9340. ing shortage, but this is a complex problem AMERICAN NURSES ASSOCIATION, Sincerely, that cannot be solved by hospitals alone. The Washington, DC, September 19, 2001. THOMAS C. DOLAN, Ph.D., FACHE, CAE, role of the federal government is critical in Hon. JOSEPH LIEBERMAN, President and Chief Executive Officer. the support and funding of an adequate nurs- U.S. Senate, Washington, DC. ing workforce. DEAR SENATOR LIEBERMAN: I am writing PENNSYLVANIA STATE ‘‘The Hospital-Based Nursing Initiative you on behalf of the American Nurses Asso- NURSES ASSOCIATION, Act of 2001’’ provides significant incentives ciation (ANA) to express support for the Hos- Harrisburg, PA, September 17, 2001. for hospitals to examine and revise manage- pital-Based Nursing Initiative Act. We ap- Hon. JOSEPH LIEBERMAN, ment principles to improve the quality of plaud your hard work on this important U.S. Congress, Washington, DC. their work environment, and to foster effec- issue. ANA is the only full-service associa- DEAR SENATOR LIEBERMAN: The Pennsyl- tive RN retention programs. It establishes tion representing the nation’s registered vania State Nurses Association (PSNA) incentives for hospitals to develop and im- nurses (RNs) through its 54 state and terri- would like to commend you for the excellent plement aggressive recruitment programs to torial member nurse associations. With more legislation you plan to introduce, which is meant to establish grant and scholarship attract nurses into the hospital setting. The than 160,000 members, the ANA represents programs enabling hospitals to retain and legislation also creates bridge programs for RNs in all practice settings throughout our further educate their nursing staffs. The bill RNs currently employed in hospitals to move nation. contains excellent ideas and creative solu- up the career ladder, a significant recruit- ANA understands that a major contrib- tions to entice nurses to join or remain a ment and retention tool. uting factor to the current and emerging Helping alleviate the critical shortage of member of a hospital nursing staff. nursing shortage is dissatisfaction with the The focus on nurses having opportunities nurses is a priority for health care providers. work environment. The Congressional Re- to participate in decision-making regarding As we debate this and other measures to ad- search Service, General Accounting Office, nursing care and maintaining autonomy in dress the nursing shortage, we hope Congress academic research, and recent ANA surveys the delivery of care are especially important will recognize the important of investing in of American nurses have all revealed star- attractants for nurses. Also, the emphasis on this critical area of need. We applaud your tling levels of frustration with working con- having a system for measuring outcomes is effort and pledge to work with you to ad- ditions. This dissatisfaction is leading expe- imperative for quality patient care. dress this very important issue. rienced nurses to leave the bedside, and hin- The organization welcomes the oppor- Sincerely, dering recruitment efforts. tunity to work with you in ensuring the pas- RICK POLLACK, Fortunately, we know what can be done to sage of the legislation that will greatly ben- Executive Vice President. address this growing problem. There are efit the profession of nursing and the quality proven best practices for nursing that im- of care provided to consumers. AMERICAN ORGANIZATION prove patient outcomes, and enhance nurse Sincerely, OF NURSE EXECUTIVES, recruitment and retention. The American JESSIE F. ROHNER, DrPH, RN, Washington, DC, September 14, 2001. Nurses Credentialing Center, an ANA affil- Interim Executive Administrator. Hon. JOSEPH I. LIEBERMAN, iate, recognizes facilities that have met U.S. Senate, Washington, DC. these best practices by granting the ‘Magnet’ By Mr. KERRY (for himself, Mr. DEAR SENATOR LIEBERMAN: On behalf of designation. Magnet facilities have consist- BREAUX, and Mr. HOLLINGS): more than 3800 members of the American Or- ently outperformed their peers in nursing S. 1587. A bill to provide improved ganization of Nurse Executives (AONE) rep- services, even in times of national nursing port and maritime security, and for resenting nurses in executive practice, I shortages. In fact, average nurse retention in would like to express our strong support for Magnet facilities is twice as long as that of other purposes; to the Committee on the ‘‘Hospital-Based Nursing Initiative Act non-Magnet institutions. Commerce, Science, and Transpor- of 2001,’’ legislation that you have authored ANA is pleased to endorse your efforts to tation. and plan to introduce to address the critical further the implementation of these best Mr. BREAUX. Madam President, nurse shortage. practices through the Hospital-Based Nurs- along with Mr. KERRY, Chairman of the During the past year, AONE has played a ing Initiative Act. The quality of work envi- Oceans, Atmosphere and Fisheries Sub- pivotal role in addressing the nursing short- ronment and nurse retention grant program, committee, and Mr. HOLLINGS, Chair- age. In October 2000 we published the first and the continuing education scholarships man of the Commerce Committee, I comprehensive monograph on this critical contained in your bill will greatly aide in the rise today in support of the Port issue entitled Perspectives on the Nursing adoption of Magnet criteria. ANA looks for- Shortage: A Blueprint for Action and have ward to working with you and your staff to Threat and Security Act of 2001. I be- continued to provide both education and ad- support this legislation. lieve this legislation will help United vocacy for the nursing profession on a num- Sincerely, States’ authorities identify and coun- ber of different fronts. Your bill will provide ROSE GONZALEZ, MPS, RN, teract maritime threats from terrorist important management incentives for hos- Director, Government Affairs. actions. Importantly, these provisions pitals to revise their management of nursing are designed in part to protect U.S. services in order to foster retention and pro- AMERICAN COLLEGE citizens and property from terrorist at- mote recruitment of nurses back into the in- OF HEALTHCARE EXECUTIVES, tacks before they reach our shores. patient delivery system. Chicago, IL, September 18, 2001. As Chairman of the Surface Trans- The majority of AONE’s membership are Hon. JOSEPH I. LIEBERMAN, leaders in the day-to-day management and U.S. Senate, Washington, DC. portation and Merchant Marine Sub- delivery of direct patient care services, as a DEAR SENATOR LIEBERMAN: Thank you for committee, I held several oversight result, we understand firsthand the impacts inviting the American College of Healthcare hearings on transportation security, and consequences of the growing nursing Executives to review and provide comments including one on maritime security shortage both in this country and inter- on the ‘‘Hospital-Based Nursing Initiative three weeks after the terrible attacks nationally. Our support of the ‘‘Hospital- Act of 2001.’’ of September 11. The maritime secu- Based Nursing Initiative Act of 2001’’ is Upon reviewing the bill, ACHE wishes to rity hearing solidified an opinion that based on the positive contributions that this endorse it. This legislation offers a com- legislation will make to nurse-directed ef- prehensive approach to the crisis facing our I, and others on the Commerce Com- forts to foster retention and promote re- nation’s healthcare system—a shortage of mittee, had long held, the need for in- cruitment of nurses within the inpatient set- nurses. The bill attempts to address this im- creased maritime security was impor- tings of our federal, community, and private portant issue by supporting hospitals in a tant before September 11, and is abso- hospitals. This legislation will also establish number of ways, including: retaining nurses; lutely crucial following the terrorist

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11203 attacks on New York city and Wash- for maritime vessels in U.S. waters. barking on their travel plans. Testi- ington, D.C. The Oceans, Atmosphere The Coast Guard recently established a mony before the Commerce Committee and Fisheries Subcommittee, of which sea marshal program in the port of San emphasized that in order to ensure I am a member, followed with another Francisco where armed personnel ac- that our shores are as safe as possible, hearing that underscored this message. company maritime pilots aboard ves- we must view foreign ports as the outer Luckily, because of the foresight of sels that cause security concerns. This boundary of our ‘‘maritime domain.’’ Chairman HOLLINGS, we had a head legislation expands that small project Much as the first provision in our bill start on improving maritime security. into a national sea marshal program to provides for the collection of better in- S. 1214, the Maritime and Port Security help prevent terrorists from using mar- formation on vessels and countries Improvement Act, of which I am a itime vessels as weapons of mass de- that do not follow international stand- proud cosponsor, was introduced in struction. This legislation directs the ards, this provision provides for the July and was reported out of the Com- Secretary to analyze vulnerability of collection of information on foreign mittee in August. S. 1214 establishes a ports and place sea marshals in ports ports that present potential security regime that will go a long way towards that handle materials or vessels that threats to the United States. By re- creating a safe and secure maritime make them potential targets of attack. quiring the Secretary to conduct an- transportation system. However, since Expansion of the sea marshal pro- nual assessments of 25 ports, we not much of it was crafted before Sep- gram is strongly supported by our Na- only gain a valuable source of informa- tember 11, it is only natural that addi- tion’s sea pilots. Many people do not tion, but we also put foreign ports on tional measures are needed to ensure know that almost all maritime vessels notice that they will be held respon- that our maritime system is as safe as that enter U.S. ports are accompanied sible for actions to secure their ports. possible. by a U.S. sea pilot that has intimate If the assessments reveal that foreign The bill we are introducing today is knowledge of port and navigational ports do not have or maintain adequate based on the testimony that was pre- channels, a living nautical chart, so to security measures, the President is au- sented at the hearings before the Com- speak. They are an integral part of our thorized to prohibit any vessel, U.S. merce Committee in the first two maritime system that help to keep our flagged or foreign, from entering the weeks of October. Administration and ports and waterways safe. Pilots are United States from that port. Vessels industry witnesses testified on the often the first U.S. citizen to board in- that transit unsafe and insecure ports need to improve certain areas of S. bound foreign vessels and may be the should not be allowed unrestricted ac- 1214. This bill intends to fill the gaps only U.S. citizens on vessels bound for cess to United States ports. I would identified by our witnesses. We will U.S. ports; thus, they can be a valuable like to remind everyone that similar work with Committee members to en- source of information. This legislation security protections were enacted for sure these provisions are included in S. requires the Secretary of Transpor- foreign airports, and I see no reason 1214 before the Senate sends it to the tation to use them more effectively in why the President should not have the House. the war on terror. The Secretary is di- same powers with respect to foreign A constant theme following the Sep- rected to investigate secure and reli- maritime ports. tember 11 attacks has been the need for able methods in which sea pilots can We must begin to think of a mari- better information. Testimony at our aid the Coast Guard and other U.S. au- time security program that begins well hearings confirmed this theme in the thorities in an expanded maritime do- before a ship enters U.S. waters and maritime realm, we need to increase main awareness program. The pilots certainly before they enter U.S. ports. our information collection capabilities themselves came forward to this Com- I believe that the measures in this bill immediately and we need to hold our mittee suggesting this idea, and I along with the port security program of S. 1214 will provide much better trading partners to the same standards think it is critical that these pilots be tools to guard against maritime to which we hold our maritime indus- provided with methods and equipment threats to our Nation and our citizens. try. This legislation requires the iden- that will allow them to safely provide Mr. KERRY. Madam President, As tification of nations that have inher- the authorities with information on il- Chairman of the Oceans, Atmosphere ently insecure or unsafe vessel reg- legal or terrorist activities while there and Fisheries Subcommittee, I rise istration procedures that can pose is still time to prevent a catastrophe. today to introduce legislation to iden- threats to our national security. It re- One such example is the Vessel Traffic tify and reduce maritime threats from quires the Secretary of Transportation System, VTS, in the Port of New Or- criminal or terrorist action, particu- and Secretary of State to prepare an leans and the excellent partnership be- larly those originating from foreign annual report for the Congress that tween the Coast Guard and the Cres- ports and vessels. I am particularly would list those nations whose vessels cent River Pilots Association. Under pleased to be joined by the Chairman of the Coast Guard has found don’t play this partnership, vessels entering port the Commerce Committee Mr. HOL- by our rules. For example, investiga- are boarded by pilots carrying tran- LINGS of South Carolina and the Chair- tions by the Department of Transpor- sponders. As the vessel transits the man of the Surface Transportation and tation reveal that it is common prac- Mississippi River, inbound and out- Merchant Marine Subcommittee Mr. tice for vessels to possess false, partial, bound, the operations center manned BREAUX of Louisiana. or fraudulent information concerning by Coast Guard and pilots know the Senator BREAUX and I recently held cargo manifests, crew identity, or reg- exact position of the vessel, as well as oversight hearings before our respec- istration of the vessel. This legislation the course, speed and other important tive Subcommittees on the Coast will allow us to get a handle on these information. While already considered Guard and its role in improving mari- practices by identifying the most egre- a model VTS program, once additional time security after the terrible attacks gious violators of maritime law. How- transponders are acquired, this pro- of September 11. As Senators HOLLINGS ever, the additional information collec- gram will continue to serve as a tem- and BREAUX well know, even before tion required by this bill is just a start; plate for other ports. September 11 our maritime and port se- the bill also requires the Administra- This legislation also greatly im- curity was in sorry shape. Senator tion to recommend to this Committee proves the information collected on the HOLLINGS had already recognized the additional actions that can be taken, safety and security of foreign ports. need to rectify these deficiencies and either domestically or through inter- With regards to foreign seaport assess- authored S. 1214, the Maritime and national organizations such as the ments, the bill aligns the authority of Port Security Improvement Act, which International Maritime Organization, the Secretary of Transportation with was reported out of the Committee in that will increase the transparency of authorities that currently exist for for- August, and which I am proud to co- vessel registration procedures. eign airports. The Secretary of Trans- sponsor. However, the attacks on New One of the responses following the portation is required to conduct 25 for- York and Washington made it clear we highjackings has been to dramatically eign port vulnerability assessments need to go farther afield to guard expand the air marshal program on air each year and to ensure that U.S. citi- against terrorism and other crimes. carriers, a step which I fully support. zens are informed about the results of Today’s legislation is intended to However, there is no similar program these assessments in advance of em- supplement the security provisions of

VerDate Mar 15 2010 04:06 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 S11204 CONGRESSIONAL RECORD — SENATE October 30, 2001 S. 1214 by improving our ability to de- ports that handle materials that are own ports. As one of our witnesses said, tect and prevent maritime terrorism hazardous or flammable in quantities ‘‘the leading edge of our boundary for and crime before it has the chance to that make them potential targets of homeland defense is, in fact, foreign sail into U.S. ports. We intend to work attack. The Coast Guard took a num- ports.’’ In many instances, such de- with Committee members to ensure ber of steps including using armed fenses would be fruitless because of the these provisions are included in the Coast Guard personnel to escort a Liq- sheer volume of cargo that passes final bill the Senate sends to the uid Natural Gas, LNG, tanker into Bos- through our ports daily. We need ad- House. ton last evening. This was the first de- vance warning long before these vessels At our October 11 oversight hearing, livery of LNG to Boston since Sep- appear at our harbor entrances. Crit- Coast Guard Commandant James Loy tember 11 and a number of people were ical information that can help the and other witnesses gave some concerned about the safety of bringing Coast Guard identify these risks can thoughtful testimony that is the back- LNG into the port. Prior to September only be collected at foreign ports where bone of this legislation. The hearing 11 these vessels were escorted by Coast cargo and persons are first placed also brought to light the challenges Guard vessels into the port but no aboard the vessel. Despite this obvious presented to the Coast Guard in secur- armed guards were present on the ves- need, we have fallen behind on our as- ing our maritime border from such sel. I strongly believe that having sessments of foreign ports. I firmly be- threats. In addition to introducing this armed personnel, such as Sea Marshals, lieve that the only way we can make legislation, we also will address glaring on these high interest vessels is very U.S. ports and harbors safe is by going Coast Guard resource shortfalls important and will considerably in- to the source and ensuring appropriate through increased authorizations in crease security in our nation’s ports, measures and facilities are in place to our FY 2002 Coast Guard authorization including Boston. The ability of terror- guarantee the safety of U.S. citizens bill, which we will bring to the floor ists to board a vessel and cause a delib- visiting foreign ports as well as the shortly. The Port Threat and Security erate release of LNG or gasoline for safety of cargo bound for the United Act is focused on giving the Coast that matter is very real. Sea Marshals States. Guard the tools and the information will make it much more difficult for In order to pay for these inspections they need to do the job right. this to happen. The Secretary of Trans- this legislation authorizes the Sec- First, we need to improve our base of portation would be responsible for es- retary of Transportation to collect a 50 information to identify bad actors tablishing qualifications and standards cent user fee on all cruise passengers throughout the maritime realm. This for Sea Marshals which could be com- that depart the United States for a for- legislation would help us identify those prised of Federal, State or local law en- eign port. Quite frankly, 50 cents is a small price to pay for the peace of nations whose vessels and vessel reg- forcement officials. istration procedures pose potential This legislation also aims to make mind that comes with knowing that a threats to our national security. It use of unarmed pilots as yet another port vulnerability assessment has been completed prior to a cruise ship with as would require the Secretaries of Trans- way to combat terrorism in our ports. many as 5,000 U.S. citizens as pas- portation and State to prepare an an- Nearly every vessel that enters a U.S. sengers, docks in a particular country. nual report for the Congress that would port is first boarded by a sea pilot to U.S. citizens should not be dis- list those nations whose vessels the assist the crew in navigating the har- embarking in ports that have not been bor. Many times these pilots are the Coast Guard has found would pose a scrutinized for security violations. One risk to our ports, or that have pre- first set of U.S. eyes on vessels that witness pointed out that in many cir- sented our government with false, par- may be headed to our ports bearing cumstances U.S. cruise ship passengers tial, or fraudulent information con- criminals or contraband from overseas. are passing through ports that could cerning cargo manifests, crew identity, They are our eyes and ears, but cannot not be assessed because they were or registration of the vessel. In addi- be expected to be a line of physical de- deemed too dangerous for military per- tion the report would identify nations fense, that is the job of the Sea Mar- sonnel! This is ludicrous. I am sure that do not exercise adequate control shals. This legislation would require those passengers had no idea of this po- over their vessel registration and own- the Secretary of Transportation to use tential danger, and we need to make ership procedures, particularly with re- these ‘‘eyes and ears’’ effectively in the sure that they are both safe and in- spect to security issues. We need hard war on terror. The Secretary is di- formed. information like this if we are to force rected to investigate discrete ways in Lastly, this legislation would allow ‘‘flag of convenience’’ nations from which sea pilots can provide informa- the President to prohibit any vessel, providing cover to criminals and ter- tion to warn of a possible terrorist at- U.S. flagged or foreign, from entering rorists. Mr. President, this is very im- tack or other crime. It is important the United States if the vessel has em- portant as Osama bin Laden has used that we explore secure mechanisms to barked passengers or cargo from for- flags of convenience to hide his owner- allow these pilots to contribute to our eign ports that do not have adequate ship in various international shipping maritime domain awareness, including security measures as determined by interests. In 1998 one of bin Laden’s notifying law enforcement officials of the Secretary of Transportation. Re- cargo freighters unloaded supplies in suspicious activity on a vessel. I am cently inspectors in Italy checking a Kenya for the suicide bombers who convinced there are a number of ways container bound for Canada discovered later destroyed the embassies in Kenya that these pilots could safely provide a member of the al-Qaida terrorist or- and Tanzania. To that end, the bill re- the authorities with information that ganization hiding in a shipping con- quires the Administration to report on can thwart illegal activities without tainer equipped with a bed and make- actions they have taken, or would rec- alerting the vessel’s captain or crew, or shift bathroom. The suspect, an Egyp- ommend, to close these loopholes and potential terrorists. tian in a business suit, had with him a improve transparency and registration This legislation would also require Canadian passport, a laptop computer, procedures, either through domestic or the Secretary of Transportation to two cell phones, airport maps, security international action—including action conduct 25 foreign port vulnerability passes for airports in three countries at the International Maritime Organi- assessments each year, and places on and a certificate proclaiming him an zation. foreign ports the same reporting and airplane mechanic. We cannot allow My legislation would also establish a assessment requirements we use for any country to have such poor security national Sea Marshal program to pro- foreign airports. This is essential to en- such that terrorists can stow away in a tect our ports from the potential use of sure that U.S. citizens are protected shipping container. I would like to re- vessels as weapons of terror. A Sea from harm in foreign ports, and are in- mind everyone that a similar provision Marshal program was recently estab- formed about any risks before leaving exists in the airline industry and I see lished in San Francisco, and is sup- U.S. soil. It is also absolutely nec- no reason why the President should not ported strongly by the maritime pilots essary to use foreign ports as our first have the power to suspend commerce who, like airline pilots, are on the defense against threats to U.S. ports. from a port with inadequate security, front lines in bringing vessels into U.S. We cannot expect to protect U.S. bor- just like he can now do with inter- ports. Sea Marshals would be used in ders by erecting a fence only at our national airports.

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11205 I believe that these provisions, when (1) The presence of port facilities that han- (b) INTERVAL.—The Secretary of Transpor- combined with the strong port security dle materials that are hazardous or flam- tation shall conduct assessments under sub- program of S. 1214, will ensure that the mable in quantities that make them poten- section (a) of this section of at least 25 for- United States has the tools, the infor- tial targets of attack. eign seaports annually until all seaports (2) The proximity of these facilities to resi- identified in subsection (a)(1) are completed. mation, and the personnel to guard dential or other densely populated areas. The first 25 of these assessments shall be against waterborne threats to our na- (3) The proximity of sea lanes or naviga- conducted within 18 months after the date of tion and our citizens. tional channels to hazardous areas that enactment of this Act. Mr. President, I ask unanimous con- would pose a danger to citizens in the event (c) CONSULTATION.—In carrying out sub- sent that the text of the bill be printed of a loss of navigational control by the ship’s section (a) of this section, the Secretary of in the RECORD. master. Transportation shall consult with the Sec- There being no objection, the bill was (4) Any other criterion deemed necessary retary of State— (1) on the terrorist threat that exists in ordered to be printed in the RECORD, as by the Secretary. follows: (d) SEA MARSHAL QUALIFICATIONS.—The each country; and Secretary shall establish appropriate quali- (2) to establish which foreign seaports are S. 1587 fications or standards for sea marshals. The not under the de facto control of the govern- Be it enacted by the Senate and House of Rep- Secretary may use, or require use of, Fed- ment of the foreign country in which they resentatives of the United States of America in eral, State, or local personnel as sea mar- are located and pose a high risk of intro- Congress assembled, shals. ducing danger to international sea travel. SECTION 1. SHORT TITLE. (e) AUTHORIZATION OF APPROPRIATIONS.— (d) QUALIFIED ASSESSMENT ENTITIES.—In This Act may be cited as the ‘‘Port Threat There are authorized to be appropriated to carrying out subsection (a) of this section, and Security Act’’. the Secretary of Transportation such sums the Secretary of Transportation may utilize SEC. 2. IMPROVED REPORTING ON FOREIGN- as may be necessary to carry out the re- entities determined by the Secretary of FLAG VESSELS ENTERING UNITED quirements of this section for each of the fis- Transportation and the Secretary of State to STATES PORTS. cal years 2002 through 2006. be qualified to conduct such assessments. Within 6 months after the date of enact- (f) REPORT.—Within 3 years after the date (e) NOTIFYING FOREIGN AUTHORITIES.—If ment of this Act and every year thereafter, of enactment of this Act, the Secretary shall the Secretary of Transportation, after con- the Secretary of Transportation, in consulta- report to the Committee on Commerce, ducting an assessment under subsection (a) tion with the Secretary of State, shall pro- Science, and Transportation of the Senate, of this section, determines that a seaport vide a report to the Committees on Com- and Committee on Transportation and Infra- does not maintain and carry out effective se- merce, Science, and Transportation and For- structure of the House of Representatives on curity measures, the Secretary, after advis- eign Relations of the Senate, and the Com- the success of the program in protecting the ing the Secretary of State, shall notify the mittees on Transportation and Infrastruc- ports listed under (c), and submit any rec- appropriate authorities of the government of ture and International Relations of the ommendations. the foreign country of the decision and rec- House of Representatives that lists the fol- SEC. 4. SEA PILOT COMMUNICATION AND WARN- ommend the steps necessary to bring the se- lowing information: ING SYSTEM. curity measures in use at the seaport up to (1) A list of all nations whose flag vessels Within 6 months after the date of enact- the standard used by the Secretary in mak- have entered United States ports in the pre- ment of this Act, the Secretary of Transpor- ing the assessment. vious year. tation shall provide a secure report to the (f) ACTIONS WHEN SEAPORTS NOT MAINTAIN- (2) Of the nations on that list, a separate Committee on Commerce, Science, and ING AND CARRYING OUT EFFECTIVE SECURITY list of those nations— Transportation of the Senate, and Com- MEASURES.— (A) whose registered flag vessels appear as mittee on Transportation and Infrastructure (1) IN GENERAL.—If the Secretary of Trans- Priority III or higher on the Boarding Pri- of the House of Representatives on the po- portation makes a determination under sub- ority Matrix maintained by the Coast Guard; tential for increasing the capabilities of sea section (e) that a seaport does not maintain (B) that have presented, or whose flag ves- pilots to provide information on maritime and carry out effective security measures, sels have presented, false, intentionally in- domain awareness. The report should specifi- the Secretary— complete, or fraudulent information to the cally address necessary improvements to (A) shall publish the identity of the sea- United States concerning passenger or cargo both reporting procedures and equipment port in the Federal Register; manifests, crew identity or qualifications, or that could allow pilots to be integrated more (B) shall require the identity of the seaport registration or classification of their flag effectively in an maritime domain awareness to be posted and displayed prominently at all vessels; program. United States seaports at which scheduled (C) whose vessel registration or classifica- SEC. 5. SECURITY STANDARDS AT FOREIGN SEA- passenger carriage is provided regularly; tion procedures have been found by the Sec- PORTS. (C) shall notify the news media of the iden- retary to be insufficient or do not exercise (a) ASSESSMENT.— tity of the seaport; adequate control over safety and security (1) IN GENERAL.—The Secretary shall assess (D) shall require each United States and concerns; or the effectiveness of the security measures foreign vessel providing transportation be- (D) whose laws or regulations are not suffi- maintained at— tween the United States and the seaport to cient to allow tracking of ownership and reg- (A) each foreign seaport— provide written notice of the decision, on or istration histories of registered flag vessels. (i) served by United States vessels; with the ticket, to each passenger buying a (3) Actions taken by the United States, (ii) from which foreign vessels serve the ticket for transportation between the United whether through domestic action or inter- United States; or States and the seaport; and national negotiation, including agreements (iii) that poses a high risk of introducing (E) may, after consulting with the appro- at the International Maritime Organization danger to international sea travel; and priate port authorities of the foreign country under section 902 of the International Mari- (B) other foreign seaports the Secretary concerned and United States and foreign ves- time and Port Security Act (46 U.S.C. App. considers appropriate. sel operators serving the seaport and with 1801), to improve transparency and security (2) INTERNATIONAL COOPERATION AND STAND- the approval of the Secretary of State, with- of vessel registration procedures in nations ARDS.—The Secretary of Transportation hold, revoke, or prescribe conditions on the on the list under paragraph (2). shall conduct an assessment under paragraph operating authority of a United States or (4) Recommendations for legislative or (1) of this subsection— foreign vessel that uses that seaport to pro- other actions needed to improve security of (A) in consultation with appropriate port vide foreign sea transportation. United States ports against potential threats authorities of the government of a foreign (2) PRESIDENTIAL ACTION.—If the Secretary posed by flag vessels of nations named in country concerned and United States vessel makes such a determination under sub- paragraph (2). operators serving the foreign seaport for section (e) about a seaport, the President SEC. 3. SEA MARSHAL PROGRAM. which the Secretary is conducting the as- may prohibit a United States or foreign ves- (a) ESTABLISHMENT.—Within 6 months after sessment; sel from providing transportation between the date of enactment of this Act, the Sec- (B) to establish the extent to which a for- the United States and any other foreign sea- retary of Transportation shall establish a eign seaport effectively maintains and car- port that is served by vessels navigating to program to place sea marshals on vessels en- ries out security measures; and or from the seaport with respect to which a tering United States Ports identified in sub- (C) by using a standard that will result in decision is made under this section. section (c). an analysis of the security measures at the (3) WHEN ACTION TO BE TAKEN.— (b) CONSULTATION.—In establishing this seaport based at least on the standards and (A) IN GENERAL.—The provisions of para- program, the Secretary shall consult with recommended practices of the International graphs (1) and (2) shall apply with respect to representatives from the port security task Maritime Organization in effect on the date a foreign seaport— force and local port security committees. of the assessment. (i) 90 days after the government of a for- (c) SEA MARSHAL PORTS.—The Secretary (3) REPORT.—Each report to Congress re- eign country is notified of the Secretary’s shall identify United States ports for inclu- quired under section 2 shall contain a sum- determination under subsection (e) of this sion in the sea marshal program based on mary of the assessments conducted under section unless the Secretary of Transpor- criteria that include the following: this subsection. tation finds that the government has

VerDate Mar 15 2010 04:06 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 S11206 CONGRESSIONAL RECORD — SENATE October 30, 2001 brought the security measures at the seaport BAUCUS, Mr. CRAPO, Mr. BAYH, medicare benefits to prevent, delay, up to the standard the Secretary used in Mr. BENNETT, Mr. CARPER, Ms. and minimize the progression of chron- making an assessment under subsection (a) COLLINS, Mr. ENSIGN, Mr. HOL- ic conditions, establish payment incen- of this section before the end of that 90-day period; or LINGS, Mr. HUTCHINSON, Mr. tives for furnishing quality services to (ii) on the date on which the Secretary INHOFE, Mr. KYL, Mrs. LINCOLN, people with serious and disabling makes that determination if the Secretary of Mr. MURKOWSKI, Mrs. MURRAY, chronic conditions, and develop na- Transportation determines, after consulting and Mr. SMITH of Oregon): tional policies on effective chronic con- with the Secretary of State, that a condition S. 1588. A bill to provide a 1-year ex- dition care, and for other purposes; to exists that threatens the safety or security tension of the date for compliance by the Committee on Finance. of passengers, vessels, or crew traveling to or certain covered entities with the ad- Mr. ROCKEFELLER. Madam Presi- from the seaport. ministrative simplification standards dent, I join several colleagues today to (B) TRAVEL ADVISORY NOTIFICATION.—The for electronic transactions and code Secretary of Transportation immediately introduce the Medicare Chronic Care shall notify the Secretary of State of a de- sets issued in accordance with the Improvement Act of 2001. Although we termination under subparagraph (A)(ii) of Health Insurance Portability and Ac- in Congress are focused on helping the this paragraph so that the Secretary of State countability Act of 1996; to the Com- Nation recover from the horrific at- may issue a travel advisory required under mittee on Finance. tacks of September 11, we must also section 908 of the International Maritime Mr. CRAIG. Mr. President, I am stand tall against the terrorists who and Port Security Act (46 U.S.C. App. 1804). happy to join Senator DORGAN in re- wish to sabotage our domestic policy (4) CONGRESSIONAL NOTIFICATION.—The Sec- introducing legislation regarding the retary of Transportation promptly shall sub- agenda and continue to work on the administrative simplification provision issues that affect the everyday health mit to Congress a report (and classified of the Health Insurance Portability annex if necessary) on action taken under and well being of American citizens. paragraph (1) or (2) of this subsection, in- and Accountability Act. We originally With this conviction, I believe it is cluding information on attempts made to ob- introduced legislation five months ago time to address the leading health care tain the cooperation of the government of a and have worked since then with mem- problem of the 21st century, chronic foreign country in meeting the standard the bers from both the Finance and HELP conditions. Secretary used in assessing the seaport committees to negotiate a com- Chronic conditions account for an as- under subsection (a) of this section. promise. The bill we are introducing tounding 90 percent of morbidity, 80 (5) CANCELLATION OF PUBLICATION REQUIRE- today is the product of those discus- percent of deaths, and over 75 percent MENTS.—If the Secretary of Transportation, sions. It provides for one additional in consultation with the Secretary of State, of direct medical expenditures in the determines that effective security measures much-needed year for providers, State United States. Nearly 125 million are maintained and carried out at the sea- health programs, health plans and oth- Americans have chronic conditions, port against which the Secretary took action ers to implement the transactions and and this number is expected to increase under paragraph (1), then the Secretary code set provision of administrative to 157 million, approximately half the shall— simplification. Importantly, this new population, by 2020. (A) terminate action under paragraph (1) version also includes language to clear- against that seaport; and Chronic conditions encompass an ly differentiate between this provision array of health conditions that are per- (B) notify the Congress of the Secretary’s and the privacy provision of HIPAA. It determination. sistent, recurring, and cannot be cured. (g) SUSPENSIONS.—The Secretary of Trans- was our intention all along that the They include severely impairing condi- portation, with the approval of the Secretary medical privacy regulations not be af- tions like Alzheimer’s disease, conges- of State and without notice or a hearing, fected by our legislation, and we be- tive heart failure, chronic obstructive shall suspend the right of any United States lieve this bill accomplishes that goal. pulmonary disease, diabetes, depres- vessel to provide foreign sea transportation, My colleague and I have the benefit of and the right of a person to operate vessels sion, hypertension, and arthritis. Cer- being joined on this bill by many of the tainly in West Virginia, many of our in foreign sea commerce, to or from a foreign cosponsors of the original bill, and we seaport if the Secretary of Transportation workers, especially coal miners and are happy to have their support. determines that— steelworkers, suffer from chronic con- Mr. DORGAN. Mr. President, Like (1) a condition exists that threatens the ditions. Senator CRAIG, I appreciate the co- safety or security of passengers, vessels, or Treating serious and disabling chron- operation of our colleagues in helping crew traveling to or from that seaport; and ic conditions is the highest cost and (2) the public interest requires an imme- us to work through this issue. We have fastest growing segment of health care. diate suspension of transportation between arrived at a solution that is agreeable Direct medical costs for chronic condi- the United States and that seaport. to the majority of parties involved, (h) AUTHORIZATION OF APPROPRIATIONS.— tions reached $510 billion in 2000 and while at the same time reaching our There are authorized to be appropriated to are projected to reach $1.07 trillion by the Secretary of Transportation $2,000,000 for goal of providing relief to small pro- viders and plans and public health pro- 2020. fiscal year 2002 and each fiscal year there- An estimated 80 percent of Medicare grams that are struggling to prepare after to carry out this section. beneficiaries suffer from at least one SEC. 6. FOREIGN PORT ASSESSMENT FEES. their systems for this cost. Senator chronic condition and those bene- (a) IN GENERAL.—The Secretary of Trans- CRAIG and I would have preferred that ficiaries account for an astounding 95 portation shall collect a user fee from cruise this bill go further in providing more percent of Medicare spending. But vessel lines upon the arrival of a cruise ves- time and coordination for affected en- sel at a United States port from a foreign tities. On the other hand, we acknowl- Medicare does not provide many of the port. Amounts collected under this section health care services that people with shall be treated as offsetting collections to edge that others would prefer no action in this area. Since we are just one year chronic conditions need. For example, offset annual appropriations for the costs of current Medicare data show that, on providing foreign port vulnerability assess- from the scheduled compliance date, ments under section 5. however, we recognize that all those af- average, people with chronic conditions (b) AMOUNT OF FEE.—Cruise vessel lines fected need some certainty as they see eight different physicians. Medi- shall remit $0.50 for each passenger embark- move forward with complying with the care does not compensate these physi- ment on a cruise that includes at least one transactions and code sets regulation. cians for communicating with one an- United States port and one foreign port. other, nor are they paid for care co- (c) USE OF FEES.—A fee collected under Given that this bill does provide needed this section shall be used solely for the costs relief for our states and given the time ordination, monitoring medications, associated with providing foreign port vul- constraints we are facing, we believe early detection, or for educating or nerability assessments and may be used only this compromise is appropriate and do counseling patients and caregivers. As to the extent provided in advance in an ap- not feel an additional extension can be a result, few of these services, which propriation law. acquired. are critical to people with chronic con- (d) EFFECTIVE DATE.—The requirements of ditions, are provided. this section apply with respect to travel be- To meet the needs of these individ- ginning more than 179 days after the date of By Mr. ROCKEFELLER (for him- enactment of this Act. self, Mr. WELLSTONE, and Mr. uals, our health care system must em- BAUCUS): brace a person-centered, system-ori- By Mr. CRAIG (for himself, Mr. S. 1589. A bill to amend title XVIII of ented approach to care. Payers and DORGAN, Mr. GRASSLEY, Mr. the Social Security Act to expand providers who serve the same person

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11207 must be empowered to work together Elderplan Social HMO, National Chron- Subtitle C—Medicare Coverage for Care to help people with chronic conditions ic Care Consortium, National Council Coordination and Assessment Services prevent, delay, or minimize disease and on the Aging, and National Family Sec. 121. Care coordination and assessment disability progression and maximize Caregivers Association; services. their health and well being. National Depressive and Manic-De- TITLE II—PAYMENT INCENTIVES FOR Over 10 years ago, I served as Chair- pressive Association; QUALITY CARE FOR INDIVIDUALS man of the Pepper Commission. Our Association for Ambulatory Behav- WITH SERIOUS AND DISABLING CHRON- IC CONDITIONS final report recognized that people ioral Healthcare; American Lung Asso- ciation; American Academy of Neu- Sec. 201. Adjustments to fee-for-service pay- with chronic conditions have special ment systems. needs requiring multidisciplinary rology; American Neurological Asso- Sec. 202. Medicare+Choice. health care or social services to com- ciation; and United Seniors Health Co- TITLE III—DEVELOPMENT OF NATIONAL pliment or augment their health care. operative. POLICIES ON EFFECTIVE CHRONIC The Commission further recognized The Medicare Chronic Care Improve- CONDITION CARE that medical care cannot be fully ac- ment Act of 2001 provides a comprehen- Sec. 301. Study and report on effective cessible or effective for this segment of sive solution to improving the quality chronic condition care. the population unless it is accompanied of life and health for millions of Ameri- Sec. 302. Institute of Medicine medicare by education, outreach, and systems to cans who are struggling with serious chronic condition care improve- ment study and report. coordinate a broad range of services. and disabling chronic conditions. It im- proves benefits for people with chronic SEC. 2. DEFINITIONS. The Commission identified these need- In this Act: conditions, it empowers providers to ed changes over ten years ago. And, as (1) SECRETARY.—Unless otherwise specifi- I stand before you today, not a single better care for these people, and it pro- cally provided, the term ‘‘Secretary’’ means one of these recommendations has been vides us with the research we need to the Secretary of Health and Human Services. made. better address chronic conditions in (2) SERIOUS AND DISABLING CHRONIC CONDI- I am here to propose a long overdue the future. TION.—The term ‘‘serious and disabling and much needed solution, The Medi- And last, but not least, this legisla- chronic condition’’ means, with respect to an care Chronic Care Improvement Act of tion has the potential to save the Medi- individual, that the individual has at least 2001. This bill establishes a comprehen- care program money, by better man- one physical or mental condition and a li- aging and treating chronic conditions censed health care practitioner has certified sive plan to update and streamline the within the preceding 12-month period that— Medicare healthcare delivery system to before costly complications result. (A) the individual has a level of disability better meet the needs of people with That is good for seniors and good for such that the individual is unable to perform chronic health conditions. Medicare, a win-win situation. It is (without substantial assistance from another First, the Medicare Chronic Care Im- time to step up to the plate and fulfill individual) for a period of at least 90 days provement Act of 2001 helps prevent, our obligation to our Nation’s most due to a loss of functional capacity— delay, and minimize the progression of vulnerable citizens. This bill should (i) at least 2 activities of daily living; or chronic conditions by authorizing the stimulate the debate, and when Con- (ii) such number of instrumental activities gress returns to business not related to of daily living that is equivalent (as deter- Secretary of Health and Human Serv- mined by the Secretary) to the level of dis- ices to expand coverage of preventive the September 11th attacks, I intend to ability described in clause (i); health benefits. The bill permits pro- advance this legislation in the Finance (B) the individual has a level of disability viders to waive deductibles and co-pay- Committee. equivalent (as determined by the Secretary) ments for preventive and wellness serv- I ask unanimous consent that the to the level of disability described in sub- ices and streamlines the process of ap- text of the bill and the summary be paragraph (A); or proving preventive benefits. printed in the RECORD. (C) the individual requires substantial su- Second, this bill provides a person- There being no objection, the mate- pervision to protect the individual from centered, system-oriented approach to rial was ordered to be printed in the threats to health and safety due to severe cognitive impairment. RECORD, as follows: care for this extremely vulnerable seg- (3) ACTIVITIES OF DAILY LIVING.—The term ment of our population by expanding S. 1589 ‘‘activities of daily living’’ means each of the Medicare coverage to include assess- Be it enacted by the Senate and House of Rep- following: ment, care-coordination, self-manage- resentatives of the United States of America in (A) Eating. ment services, and patient and family Congress assembled, (B) Toileting. caregiver education and counseling. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (C) Transferring. Third, this legislation improves (a) SHORT TITLE.—This Act may be cited as (D) Bathing. the ‘‘Medicare Chronic Care Improvement Medicare fee-for-service and managed (E) Dressing. Act of 2001’’. (F) Continence. care financing for plans that serve (b) TABLE OF CONTENTS.—The table of con- (4) INSTRUMENTAL ACTIVITIES OF DAILY LIV- beneficiaries with multiple, complex tents of this Act is as follows: ING.—The term ‘‘instrumental activities of chronic conditions. The Secretary is di- Sec. 1. Short title; table of contents. daily living’’ means each of the following: rected to develop a plan to refine pay- Sec. 2. Definitions. (A) Medication management. ment incentives to ensure appropriate TITLE I—EXPANSION OF BENEFITS TO (B) Meal preparation. payment for serving these high-cost in- PREVENT, DELAY, AND MINIMIZE THE (C) Shopping. dividuals. PROGRESSION OF CHRONIC CONDI- (D) Housekeeping. And finally, the Medicare Chronic TIONS. (E) Laundry. (F) Money management. Care Improvement Act of 2001 requires Subtitle A—Improving Access to Preventive Services (G) Telephone use. the Secretary of HHS to report to Con- (H) Transportation use. Sec. 101. Definitions. gress on chronic condition trends and TITLE I—EXPANSION OF BENEFITS TO costs as a foundation for establishing Sec. 102. Elimination of deductibles and co- insurance for existing preven- PREVENT, DELAY, AND MINIMIZE THE national chronic care policies. tive health benefits. PROGRESSION OF CHRONIC CONDI- For more detail, I am also entering a Sec. 103. Institute of Medicine medicare pre- TIONS. section-by-section bill summary into vention benefit study and re- Subtitle A—Improving Access to Preventive the CONGRESSIONAL RECORD following port. Services this statement. Sec. 104. Authority to administratively pro- SEC. 101. DEFINITIONS. This legislation has been endorsed by vide for coverage of additional In this title: a variety of health organizations rep- preventive benefits. (1) COST-EFFECTIVE BENEFIT.—The term Sec. 105. Fast-track consideration of preven- resenting consumers and providers in- ‘‘cost-effective benefit’’ means a benefit or tion benefit legislation. technique that has— cluding: Subtitle B—Expansion of Access to Health Chronic Care Coalition, comprising (A) been subject to peer review; Promotion Services (B) been described in scientific journals; the American Association of Homes Sec. 111. Disease self-management dem- and and Services for the Aging, American onstration projects. (C) demonstrated value as measured by Geriatrics Society, Catholic Health As- Sec. 112. Medicare health education and risk unit costs relative to health outcomes sociation of the United States, appraisal program. achieved.

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(2) COST-SAVING BENEFIT.—The term ‘‘cost- Act (42 U.S.C. 1395x(n)) is amended by strik- (D) whether health promotion and disease saving benefit’’ means a benefit or technique ing ‘‘blood-testing strips and blood glucose prevention benefits that are not covered that has— monitors’’ and inserting ‘‘blood-testing under the medicare program that would af- (A) been subject to peer review; strips, lancets, and blood glucose monitors’’. fect all medicare beneficiaries are— (B) been described in scientific journals; (e) CONFORMING AMENDMENTS.— (i) likely to be medically effective (as de- and (1) ELIMINATION OF COINSURANCE FOR CLIN- fined in section 101(3)); or (C) caused a net reduction in health care ICAL DIAGNOSTIC LABORATORY TESTS.—Para- (ii) likely to be a cost-effective benefit (as costs for medicare beneficiaries. graphs (1)(D)(i) and (2)(D)(i) of section 1833(a) defined in section 101(1)) or a cost-saving (3) MEDICALLY EFFECTIVE.—The term of the Social Security Act (42 U.S.C. benefit (as defined in section 101(2)); ‘‘medically effective’’ means, with respect to 1395l(a)), as amended by section 201(b)(1) of (b) REPORTS.— a benefit or technique, that the benefit or the Medicare, Medicaid, and SCHIP Benefits (1) THREE-YEAR REPORT.—On the date that technique has been— Improvement and Protection Act of 2000 (114 is 3 years after the date of enactment of this (A) subject to peer review; Stat. 2763A–481), as enacted into law by sec- Act, and each successive 3-year anniversary (B) described in scientific journals; and tion 1(a)(6) of Public Law 106–554, are each thereafter, the Institute of Medicine of the (C) determined to achieve an intended goal amended by inserting ‘‘or which are de- National Academy of Sciences shall submit under normal programmatic conditions. scribed in subsection (p)’’ after ‘‘assignment- to the President a report that contains— (4) MEDICALLY EFFICACIOUS.—The term related basis’’. (A) a detailed statement of the findings ‘‘medically efficacious’’ means, with respect (2) ELIMINATION OF COINSURANCE FOR CER- and conclusions of the study conducted under subsection (a); and to a benefit or technique, that the benefit or TAIN DME.—Section 1834(a)(1)(A) of the Social technique has been— Security Act (42 U.S.C. 1395m(a)(1)(A)) is (B) the recommendations for legislation (A) subject to peer review; amended by inserting ‘‘(or 100 percent, in the described in paragraph (3). (B) described in scientific journals; and case of such an item described in section (2) INTERIM REPORT BASED ON NEW GUIDE- (C) determined to achieve an intended goal 1833(p))’’ after ‘‘80 percent’’. LINES.—If the United States Preventive Serv- ices Task Force or the Task Force on Com- under controlled conditions. (3) ELIMINATION OF DEDUCTIBLES AND COIN- munity Preventive Services establishes new SEC. 102. ELIMINATION OF DEDUCTIBLES AND SURANCE FOR COLORECTAL CANCER SCREENING guidelines regarding preventive health bene- COINSURANCE FOR EXISTING PRE- TESTS.—Section 1834(d) of the Social Secu- VENTIVE HEALTH BENEFITS. rity Act (42 U.S.C. 1395m(d)) is amended— fits for medicare beneficiaries more than 1 (a) IN GENERAL.—Section 1833 of the Social (A) in paragraph (2)(C)— year prior to the date that a report described in paragraph (1) is due to be submitted to the Security Act (42 U.S.C. 1395l) is amended by (i) by striking ‘‘(C) FACILITY PAYMENT President, then not later than 6 months after inserting after subsection (o) the following LIMIT.—’’ and all that follows through ‘‘Not- new subsection: withstanding subsections’’ and inserting the the date such new guidelines are established, ‘‘(p) DEDUCTIBLES AND COINSURANCE following: the Institute of Medicine of the National WAIVED FOR PREVENTIVE HEALTH ITEMS AND Academy of Sciences shall submit to the ‘‘(C) FACILITY PAYMENT LIMIT.—Notwith- SERVICES.—The Secretary shall not require standing subsections’’; President a report that contains a detailed the payment of any deductible or coinsur- (ii) by striking ‘‘(I) in accordance’’ and in- description of such new guidelines. Such re- ance under subsection (a) or (b), respec- serting the following: port may also contain recommendations for tively, of any individual enrolled for cov- ‘‘(i) in accordance’’; legislation described in paragraph (3). erage under this part for any of the following (iii) by striking ‘‘(II) are performed’’ and (3) RECOMMENDATIONS FOR LEGISLATION.— preventive health items and services: all that follows through ‘‘payment under’’ The Institute of Medicine of the National ‘‘(1) Blood-testing strips, lancets, and blood and inserting the following: Academy of Sciences, in consultation with glucose monitors for individuals with diabe- ‘‘(ii) are performed in an ambulatory sur- the United States Preventive Services Task tes described in section 1861(n). gical center or hospital outpatient depart- Force and the Task Force on Community ‘‘(2) Diabetes outpatient self-management ment, Preventive Services, shall develop rec- training services (as defined in section payment under’’; and ommendations in legislative form that— 1861(qq)(1)). (iv) by striking clause (ii); and (A) prioritize the preventive health bene- ‘‘(3) Pneumococcal, influenza, and hepa- (B) in paragraph (3)(C)— fits under the medicare program; and titis B vaccines and administration de- (B) modify such benefits, including adding (i) by striking ‘‘(C) FACILITY PAYMENT scribed in section 1861(s)(10). new benefits under such program, based on LIMIT.—’’ and all that follows through ‘‘Not- ‘‘(4) Screening mammography (as defined withstanding subsections’’ and inserting the the study conducted under subsection (a). in section 1861(jj)). (c) TRANSMISSION TO CONGRESS.— following: ‘‘(5) Screening pap smear and screening (1) IN GENERAL.—Subject to paragraph (2), ‘‘(C) FACILITY PAYMENT LIMIT.—Notwith- pelvic exam (as defined in paragraphs (1) and on the day that is 6 months after the date on standing subsections’’; and (2) of section 1861(nn), respectively). which the report described in paragraph (1) (ii) by striking clause (ii). ‘‘(6) Bone mass measurement (as defined in of subsection (b) (or paragraph (2) of such (f) EFFECTIVE DATE.—The amendments section 1861(rr)(1)). subsection if the report contains rec- made by this section shall apply to services ‘‘(7) Prostate cancer screening test (as de- ommendations in legislative form described furnished on or after the day that is 1 year fined in section 1861(oo)(1)). in subsection (b)(3)) is submitted to the after the date of enactment of this Act. ‘‘(8) Colorectal cancer screening test (as President, the President shall transmit the defined in section 1861(pp)(1)). SEC. 103. INSTITUTE OF MEDICINE MEDICARE report and recommendations to Congress. ‘‘(9) Screening for glaucoma (as defined in PREVENTION BENEFIT STUDY AND (2) REGULATORY ACTION BY THE SECRETARY REPORT. section 1861(uu)). OF HEALTH AND HUMAN SERVICES.—If the Sec- ‘‘(10) Medical nutrition therapy services (as (a) STUDY.— retary of Health and Human Services has ex- defined in section 1861(vv)(1)).’’. (1) IN GENERAL.—The Secretary shall con- ercised the authority under section 104(a) to (b) WAIVER OF COINSURANCE.— tract with the Institute of Medicine of the adopt by regulation one or more of the rec- (1) IN GENERAL.—Section 1833(a)(1)(B) of the National Academy of Sciences to— ommendations under subsection (b)(3), the Social Security Act (42 U.S.C. 1395l(a)(1)(B)) (A) conduct a comprehensive study of cur- President shall only submit to Congress is amended to read as follows: ‘‘(B) with re- rent literature and best practices in the field those recommendations under subsection spect to preventive health items and services of health promotion and disease prevention (b)(3) that have not been adopted by the Sec- described in subsection (p), the amounts paid among medicare beneficiaries, including the retary. shall be 100 percent of the fee schedule or issues described in paragraph (2); and (3) DELIVERY.—Copies of the report and other basis of payment under this title for (B) submit the report described in sub- recommendations in legislative form re- the particular item or service,’’. section (b). quired to be transmitted to Congress under (2) ELIMINATION OF COINSURANCE IN OUT- (2) ISSUES STUDIED.—The study required paragraph (1) shall be delivered— PATIENT HOSPITAL SETTINGS.—The third sen- under paragraph (1) shall include an assess- (A) to both Houses of Congress on the same tence of section 1866(a)(2)(A) of the Social ment of— day; Security Act (42 U.S.C. 1395cc(a)(2)(A)) is (A) whether each health promotion and (B) to the Clerk of the House of Represent- amended by inserting after ‘‘1861(s)(10)(A)’’ disease prevention benefit covered under the atives if the House is not in session; and the following: ‘‘, preventive health items and medicare program is— (C) to the Secretary of the Senate if the services described in section 1833(p),’’. (i) medically effective (as defined in sec- Senate is not in session. (c) WAIVER OF APPLICATION OF DEDUCT- tion 101(3)); or SEC. 104. AUTHORITY TO ADMINISTRATIVELY IBLE.—Section 1833(b)(1) of the Social Secu- (ii) a cost-effective benefit (as defined in PROVIDE FOR COVERAGE OF ADDI- rity Act (42 U.S.C. 1395l(b)(1)) is amended to section 101(1)) or a cost-saving benefit (as de- TIONAL PREVENTIVE BENEFITS. read as follows: ‘‘(1) such deductible shall not fined in section 101(2)); (a) IN GENERAL.—The Secretary of Health apply with respect to preventive health (B) utilization by medicare beneficiaries of and Human Services may by regulation items and services described in subsection such benefits (including any barriers to or adopt any or all of the legislative rec- (p),’’. incentives to increase utilization); ommendations developed by the Institute of (d) ADDING ‘‘LANCET’’ TO DEFINITION OF (C) quality of life issues associated with Medicine of the National Academy of DME.—Section 1861(n) of the Social Security such benefits; and Sciences, in consultation with the United

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11209 States Preventive Services Task Force and introduced as a bill and referred under sub- (iii) the satisfaction of target individuals the Task Force on Community Preventive section (b), such implementing bill shall be under the demonstration projects. Services in a report under section 103(b)(3) considered in the same manner as an imple- (C) Recommendations of the Secretary re- (relating to prioritizing and modifying pre- menting bill is considered under subsections garding whether to conduct the demonstra- ventive health benefits under the medicare (d), (e), (f), and (g) of section 151 of the Trade tion projects on a permanent basis. program and the addition of new preventive Act of 1974 (19 U.S.C. 2191). (D) Such recommendations for legislation benefits), consistent with subsection (b). (d) IMPLEMENTING BILL DEFINED.—In this and administrative action as the Secretary (b) ELIMINATION OF COST-SHARING.—With section, the term ‘‘implementing bill’’ means determines to be appropriate. respect to items and services furnished under only the recommendations in legislative (E) Any other information regarding the the medicare program that the Secretary has form of the Institute of Medicine of the Na- demonstration projects that the Secretary incorporated by regulation under subsection tional Academy of Sciences described in sec- determines to be appropriate. (a), the provisions of section 1833(p) of the tion 103(b)(3), transmitted by the President (d) FUNDING.—The Secretary shall provide Social Security Act (relating to elimination to the House of Representatives and the Sen- for the transfer from the Federal Hospital of cost-sharing for preventive benefits), as ate under subsection 103(c), and introduced Insurance Trust Fund under section 1817 of added by section 102(a), shall apply to those and referred as provided in subsection (b) as the Social Security Act (42 U.S.C. 1395i) an items and services in the same manner as a bill of either House of Congress. amount not to exceed $30,000,000 for the costs (e) COUNTING OF DAYS.—For purposes of such section applies to the items and serv- of carrying out this section. ices described in paragraphs (1) through (10) this section, any period of days referred to in of such section. section 151 of the Trade Act of 1974 shall be SEC. 112. MEDICARE HEALTH EDUCATION AND RISK APPRAISAL PROGRAM. (c) DEADLINE.—The Secretary must publish computed by excluding— a notice of rulemaking with respect to the (1) the days on which either House of Con- Title XVIII of the Social Security Act (42 adoption by regulation under subsection (a) gress is not in session because of an adjourn- U.S.C. 1395 et seq.) is amended by adding at of any such recommendation within 6 ment of more than 3 days to a day certain or the end the following new section: months of the date on which a report de- an adjournment of Congress sine die; and ‘‘MEDICARE HEALTH EDUCATION AND RISK scribed in section 103(b) is submitted to the (2) any Saturday and Sunday, not excluded APPRAISAL PROGRAM President. under paragraph (1), when either House is ‘‘SEC. 1897. (a) ESTABLISHMENT.—Not later SEC. 105. FAST-TRACK CONSIDERATION OF PRE- not in session. than 18 months after the date of the conclu- VENTION BENEFIT LEGISLATION. Subtitle B—Expansion of Access to Health sion of the demonstration projects conducted (a) RULES OF HOUSE OF REPRESENTATIVES Promotion Services under subsection (b)(1), the Secretary shall AND SENATE.—This section is enacted by SEC. 111. DISEASE SELF-MANAGEMENT DEM- establish a comprehensive and systematic Congress— ONSTRATION PROJECTS. model for delivering health promotion and (1) as an exercise of the rulemaking power (a) DEMONSTRATION PROJECTS.— disease prevention services that— of the House of Representatives and the Sen- (1) IN GENERAL.—The Secretary shall con- ‘‘(1) through self-assessment identifies— ate, respectively, and is deemed a part of the duct demonstration projects for the purpose ‘‘(A) behavioral risk factors, such as to- rules of each House of Congress, but— of promoting disease self-management for bacco use, physical inactivity, alcohol use, (A) is applicable only with respect to the conditions identified, and appropriately depression, lack of proper nutrition, and risk procedure to be followed in that House of prioritized, by the Secretary for target indi- of falling, among target individuals; Congress in the case of an implementing bill viduals (as defined in paragraph (2)). ‘‘(B) needed medicare clinical preventive (as defined in subsection (d)); and (2) TARGET INDIVIDUAL DEFINED.—In this and screening health benefits among target (B) supersedes other rules only to the ex- section, the term ‘‘target individual’’ means individuals; and tent that such rules are inconsistent with an individual who— ‘‘(C) functional and self-management infor- this section; and (A) is at risk for, or has, 1 or more of the mation the Secretary determines to be ap- (2) with full recognition of the constitu- conditions identified by the Secretary as propriate; tional right of either House of Congress to being appropriate for disease self-manage- ‘‘(2) provides ongoing followup to reduce change the rules (so far as relating to the ment; and risk factors and promote the appropriate use procedure of that House of Congress) at any (B) is entitled to benefits under part A of of preventive and screening health benefits; time, in the same manner and to the same ‘‘(3) improves clinical outcomes, satisfac- extent as in the case of any other rule of title XVIII of the Social Security Act (42 tion, quality of life, and appropriate use by that House of Congress. U.S.C. 1395c et seq.), or enrolled under part B target individuals of items and services cov- (b) INTRODUCTION AND REFERRAL.— of such title ( 42 U.S.C. 1395j et seq.) or is en- ered under the medicare program; and (1) INTRODUCTION.— rolled under the Medicare+Choice program ‘‘(4) provides target individuals with infor- (A) IN GENERAL.—Subject to paragraph (2), under part C of such title (42 U.S.C. 1395w–21 on the day on which the President transmits et seq.). mation regarding the adoption of healthy be- the report pursuant to section 103(c) to the (b) NUMBER; PROJECT AREAS; DURATION.— haviors. ‘‘(b) DEMONSTRATION PROJECTS.— House of Representatives and the Senate, the (1) NUMBER.—Not later than 2 years after ‘‘(1) ESTABLISHMENT.—Not later than 1 year recommendations in legislative form trans- the date of enactment of this Act, the Sec- mitted by the President with respect to such retary shall implement a series of dem- after the date of enactment of this section, report shall be introduced as a bill (by re- onstration projects to carry out the purpose the Secretary, in consultation with the Di- quest) in the following manner: described in subsection (a)(1). rector of the Centers for Disease Control and Prevention, and the Director of the Agency (i) HOUSE OF REPRESENTATIVES.—In the (2) PROJECT AREAS.—The Secretary shall House of Representatives, by the Majority implement the demonstration projects de- for Healthcare Research and Quality, shall Leader, for himself and the Minority Leader, scribed in paragraph (1) in urban, suburban, conduct demonstration projects for the pur- or by Members of the House of Representa- and rural areas. pose of developing a comprehensive and sys- tives designated by the Majority Leader and (3) DURATION.—The demonstration projects tematic model for delivering health pro- Minority Leader. under this section shall be conducted during motion and disease prevention services de- (ii) SENATE.—In the Senate, by the Major- the 3-year period beginning on the date on scribed in subsection (a). ity Leader, for himself and the Minority which the initial demonstration project is ‘‘(2) SELF-ASSESSMENT AND PROVISION OF IN- Leader, or by Members of the Senate des- implemented. FORMATION.—The Secretary shall conduct ignated by the Majority Leader and Minority (c) REPORT TO CONGRESS.— the demonstration projects established under Leader. (1) IN GENERAL.—Not later than 18 months paragraph (1) in the following manner: (B) SPECIAL RULE.—If either House of Con- after the conclusion of the demonstration ‘‘(A) SELF-ASSESSMENT.— gress is not in session on the day on which projects under this section, the Secretary ‘‘(i) IN GENERAL.—The Secretary shall test such recommendations in legislative form shall submit a report to Congress on such different— are transmitted, the recommendations in projects. ‘‘(I) methods of making self-assessments legislative form shall be introduced as a bill (2) CONTENTS OF REPORT.—The report re- available to each target individual; in that House of Congress, as provided in quired under paragraph (1) shall include the ‘‘(II) methods of encouraging each target subparagraph (A), on the first day thereafter following: individual to participate in the self-assess- on which that House of Congress is in ses- (A) A description of the demonstration ment; and sion. projects. ‘‘(III) methods for processing responses to (2) REFERRAL.—Such bills shall be referred (B) An evaluation of— the self-assessment. by the presiding officers of the respective (i) whether each benefit provided under the ‘‘(ii) CONTENTS.—A self-assessment made Houses to the appropriate committee, or, in demonstration projects is— available under clause (i) shall include— the case of a bill containing provisions with- (I) medically effective; ‘‘(I) questions regarding behavioral risk in the jurisdiction of 2 or more committees, (II) medically efficacious; factors; jointly to such committees for consideration (III) cost-effective; or ‘‘(II) questions regarding needed preventive of those provisions within their respective (IV) cost-saving; screening health services; jurisdictions. (ii) the level of the disease self-manage- ‘‘(III) questions regarding the target indi- (c) CONSIDERATION.—After the rec- ment attained by target individuals under vidual’s preferences for receiving follow-up ommendations in legislative form have been the demonstration projects; and information; and

VerDate Mar 15 2010 04:06 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 S11210 CONGRESSIONAL RECORD — SENATE October 30, 2001 ‘‘(IV) other information that the Secretary Subtitle C—Medicare Coverage for Care ‘‘(x) Managing and facilitating transitions determines appropriate. Coordination and Assessment Services among health care professionals and across ‘‘(B) PROVISION OF INFORMATION.—After SEC. 121. CARE COORDINATION AND ASSESS- settings of care, including the following: each target individual completes the self-as- MENT SERVICES. ‘‘(I) Pursuing the treatment option elected sessment, the Secretary shall ensure that (a) SERVICES AUTHORIZED.—Title XVIII of by the individual. the target individual is provided with such the Social Security Act (42 U.S.C. 1395 et ‘‘(II) Including any advance directive exe- information as the Secretary determines ap- seq.), as amended by section 112, is further cuted by the individual in the medical file of propriate, which may include— amended by adding at the end the following the individual. ‘‘(i) information regarding the results of new section: ‘‘(xi) Activities that facilitate continuity the self-assessment; ‘‘CARE COORDINATION AND ASSESSMENT of care and patient adherence to plans of ‘‘(ii) recommendations regarding any ap- SERVICES care. propriate behavior modification based on the ‘‘(xii) Information about, and referral to, ‘‘SEC. 1898. (a) PURPOSE.—The purpose of self-assessment; hospice services, including patient and fam- this section is to provide assistance to a ben- ‘‘(iii) information regarding how to access ily caregiver education and counseling about eficiary with a serious and disabling chronic behavior modification assistance that pro- hospice, and facilitating transition to hos- condition (as defined in subsection (f)(1)) to motes healthy behavior, including informa- pice when elected. obtain the appropriate level and mix of fol- tion on nurse hotlines, counseling services, ‘‘(xiii) Such other medical and health care low-up care. provider services, and case-management services for which payment would not other- ‘‘(b) ELECTION OF CARE COORDINATION AND services; wise be made under this title as the Sec- ASSESSMENT SERVICES.— ‘‘(iv) information, feedback, support, and retary determines to be appropriate for ef- ‘‘(1) IN GENERAL.—On or after January 1, recommendations regarding any need for 2003, a beneficiary with a serious and dis- fective care coordination, including the addi- clinical preventive and screening health abling chronic condition may elect to re- tional items and services as described in sub- services or treatment; and ceive care coordination services in accord- paragraph (B). ‘‘(v) referrals to available community re- ance with the provisions of this section ‘‘(B) ADDITIONAL BENEFITS.—The Secretary sources in order to assist the target indi- under which, in appropriate circumstances, may specify additional benefits for which vidual in reducing health risks. the eligible beneficiary has health care serv- payment would not otherwise be made under ‘‘(3) PROJECT AREAS AND DURATION.— ices covered under this title managed and co- this title that may be available to eligible ‘‘(A) PROJECT AREAS.—The Secretary shall ordinated by a care coordinator who is quali- beneficiaries who have made an election implement the demonstration projects in ge- fied under subsection (e) to furnish care co- under this section (subject to an assessment ographic areas that include urban, suburban, ordination services under this section. by the care coordinator of an individual and rural areas. beneficiary’s circumstances and need for ‘‘(2) REVOCATION OF ELECTION.—An eligible ‘‘(B) DURATION.—The Secretary shall con- beneficiary who has made an election under such benefits) in order to encourage the re- duct the demonstration projects during the paragraph (1) may revoke that election at ceipt of, or to improve the effectiveness of, 3-year period beginning on the date on which any time. care coordination services. the first demonstration project is imple- ‘‘(c) OUTREACH.—The Secretary shall pro- ‘‘(2) CARE COORDINATION AND ASSESSMENT mented. vide for the wide dissemination of informa- REQUIREMENT.—Notwithstanding any other ‘‘(c) REPORT TO CONGRESS.— tion to beneficiaries and providers of serv- provision of this title, with respect to items ‘‘(1) IN GENERAL.—Not later than 1 year ices, physicians, practitioners, and suppliers and services for which payment is made after the date on which the demonstration with respect to the availability of and re- under this title furnished to a beneficiary for projects conclude, the Secretary shall sub- quirements for care coordination services the diagnosis and treatment of the bene- mit to Congress a report on such projects. under this section. ficiary’s serious and disabling chronic condi- ‘‘(2) CONTENTS OF REPORT.—The report sub- ‘‘(d) CARE COORDINATION AND ASSESSMENT tion, if the beneficiary has made an election mitted under paragraph (1) shall— SERVICES DESCRIBED.—Care coordination to receive care coordination and assessment ‘‘(A) describe the demonstration projects services under this section shall include the services under this section, the Secretary conducted under this section; following: may require that payment may only be made ‘‘(B) identify the demonstration project ‘‘(1) BASIC CARE COORDINATION AND ASSESS- under this title for such items and services that is the most effective; and MENT SERVICES.— relating to such condition if the items and ‘‘(C) contain such other information re- ‘‘(A) IN GENERAL.—Except as otherwise pro- services have been furnished by or coordi- garding the demonstration projects as the vided in this section, eligible beneficiaries nated through the care coordinator. Under Secretary determines appropriate. who have made an election under this sec- such provision, the Secretary shall prescribe ‘‘(3) MEASUREMENT OF EFFECTIVENESS.—For tion shall receive the following services: exceptions for emergency medical services purposes of paragraph (2)(B), in identifying ‘‘(i)(I) An initial assessment of an individ- (as described in section 1852(d)(3), but with- the demonstration project that is the most ual’s medical condition, functional and cog- out regard to enrollment with a effective, the Secretary shall consider— nitive capacity, and environmental and psy- Medicare+Choice organization), and other ‘‘(A) how successful the project was at— chosocial needs. exceptions determined by the Secretary for ‘‘(i) reaching target individuals and engag- ‘‘(II) Annual assessments after the initial the delivery of timely and needed care. ing them in an assessment of the risk factors assessment performed under subclause (I), ‘‘(e) CARE COORDINATORS.— of such individuals; unless the physician or care coordinator of ‘‘(1) CONDITIONS OF PARTICIPATION.—In ‘‘(ii) educating target individuals on the individual determines that additional as- order to be qualified to furnish care coordi- healthy behaviors and getting such individ- sessments are required due to sentinel health nation and assessment services under this uals to modify their behaviors in order to di- events or changes in the health status of the section, an individual or entity shall— minish the risk of chronic disease; and individual that may require changes in plans ‘‘(A) be a health care professional or entity ‘‘(iii) ensuring that target individuals were of care developed for the individual. (which may include physicians, physician provided with necessary information; ‘‘(ii) The development of an initial plan of group practices, or other health care profes- ‘‘(B) the cost-effectiveness of the dem- care, and subsequent appropriate revisions to sionals or entities the Secretary may find onstration project; and that plan of care. appropriate) meeting such conditions as the ‘‘(C) the degree of beneficiary satisfaction ‘‘(iii) The management of, and referral for, Secretary may specify; under the demonstration projects. medical and other health services, including ‘‘(B) enter into a care coordination agree- multidisciplinary care conferences and co- ment under paragraph (2); and ‘‘(d) WAIVER AUTHORITY.—The Secretary may waive such requirements under this ordination with other providers. ‘‘(C) meet such criteria as the Secretary title as the Secretary determines necessary ‘‘(iv) The monitoring and management of may establish (which may include experience to carry out the demonstration projects medications. in the provision of care coordination or pri- under this section. ‘‘(v) Patient education and counseling mary care physician’s services). services. ‘‘(2) AGREEMENT TERM; PAYMENT.— ‘‘(e) FUNDING.—There are authorized to be ‘‘(vi) Family caregiver education and coun- ‘‘(A) DURATION AND RENEWAL.—A care co- appropriated $25,000,000 to the Secretary for seling services. ordination agreement under this subsection carrying out the demonstration projects ‘‘(vii) Self-management services, including shall— under this section. health education and risk appraisal to iden- ‘‘(i) be entered into for a period of 1 year ‘‘(f) DEFINITION OF TARGET INDIVIDUAL.— tify behavioral risk factors through self-as- and may be renewed if the Secretary is satis- The term ‘target individual’ means each in- sessment. fied that the care coordinator continues to dividual who is— ‘‘(viii) Providing access for consultations meet the conditions of participation speci- ‘‘(1) entitled to benefits under part A or en- by telephone with physicians and other ap- fied in paragraph (1); rolled under part B, including an individual propriate health care professionals, includ- ‘‘(ii) assure the compliance of the care co- enrolled under the Medicare+Choice program ing 24-hour availability of such professionals ordinator with such data collection and re- under part C; or for emergency consultations. porting requirements as the Secretary deter- ‘‘(2) between the ages of 50 and 64 and who ‘‘(ix) Coordination with the principal non- mines necessary to assess the effect of care is not described in paragraph (1).’’. professional caregiver in the home. coordination on health outcomes; and

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‘‘(iii) contain such other terms and condi- (3) PART B COINSURANCE AND DEDUCTIBLE Act, the Secretary shall submit to Congress tions as the Secretary may require. NOT APPLICABLE TO CARE COORDINATION AND a report on the proposed adjustments re- ‘‘(B) PAYMENT FOR SERVICES.—The Sec- ASSESSMENT SERVICES.— quired under subsection (a) to the payment retary shall establish payment terms and (A) COINSURANCE.—Section 1833(a)(1) of the systems described in subsection (b), the conditions and payment rates for basic care Social Security Act (42 U.S.C. 1395l(a)(1)), as methodology employed by the Secretary in coordination and assessment services de- amended by sections 105 and 223 of the Medi- providing for such proposed adjustments, and scribed in subsection (d)(1). The Secretary care, Medicaid, and SCHIP Benefits Improve- an assessment of the impact of such adjust- may establish new billing codes to carry out ment and Protection Act of 2000, as enacted ments on access to effective care for medi- the provisions of this subparagraph. into law by section 1(a)(6) of Public Law 106– care beneficiaries. 554, is amended— (d) PATIENT CLASSIFICATION SYSTEM.—The ‘‘(f) DEFINITIONS.—In this section: (i) by striking ‘‘and’’ at the end of subpara- Secretary shall develop a patient classifica- ‘‘(1) SERIOUS AND DISABLING CHRONIC CONDI- graph (T); and tion system or other methodology to predict TION.—The term ‘serious and disabling (ii) by inserting before the final semicolon costs within and across postacute care set- chronic condition’ means, with respect to an ‘‘, and (V) with respect to care coordination tings attributable to furnishing items and individual, that the individual has at least and assessment services described in section services to medicare beneficiaries who suffer one physical or mental condition and a li- 1861(s)(16) that are furnished by, or coordi- from serious and disabling chronic condi- censed health care practitioner has certified nated through, a care coordinator, the tions. The Secretary shall develop such sys- within the preceding 12-month period that— amounts paid shall be 100 percent of the pay- tem by not later than October 1, 2004, and ‘‘(A) the individual has a level of disability ment amount established under section shall consult with representatives of pro- such that the individual is unable to perform 1866C’’. viders of services and individuals with exper- (without substantial assistance from another (B) DEDUCTIBLE.—Section 1833(b) of such tise in health care financing and risk adjust- individual) for a period of at least 90 days Act (42 U.S.C. 1395l(b)) is amended— ment methodology in developing such sys- due to a loss of functional capacity— (i) by striking ‘‘and’’ at the end of para- tem. ‘‘(i) at least 2 activities of daily living; or graph (5); and SEC. 202. MEDICARE+CHOICE. ‘‘(ii) such number of instrumental activi- (ii) by inserting before the final period ‘‘, ties of daily living that is equivalent (as de- (a) REVISIONS TO RISK ADJUSTMENT METH- and (7) such deductible shall not apply with ODOLOGY.— termined by the Secretary) to the level of respect to care coordination and assessment disability described in clause (i); (1) IN GENERAL.—The Secretary shall revise services (as described in section 1861(s)(16))’’. the risk adjustment methodology under sec- ‘‘(B) the individual has a level of disability (C) ELIMINATION OF COINSURANCE IN OUT- equivalent (as determined by the Secretary) tion 1853(a)(3) of the Social Security Act (42 PATIENT HOSPITAL SETTINGS.—The third sen- U.S.C. 1395w–23(a)(3)) applicable to payments to the level of disability described in sub- tence of section 1866(a)(2)(A) of such Act (42 paragraph (A); or to Medicare+Choice organizations offering U.S.C. 1395cc(a)(2)(A)), as amended by section specialized programs for frail elderly and at- ‘‘(C) the individual requires substantial su- 102(b)(2), is further amended by inserting pervision to protect the individual from risk beneficiaries to take into account vari- after ‘‘section 1833(p),’’ the following: ‘‘with ations in costs incurred by such organiza- threats to health and safety due to severe respect to care coordination and assessment cognitive impairment. tions. services (as described in section 1861(s)(16)),’’. (2) METHODS CONSIDERED.—In revising the ‘‘(2) ACTIVITIES OF DAILY LIVING.—The term ‘activities of daily living’ means each of the TITLE II—PAYMENT INCENTIVES FOR risk adjustment methodology under para- following: QUALITY CARE FOR INDIVIDUALS WITH graph (1), the Secretary shall consider— ‘‘(A) Eating. SERIOUS AND DISABLING CHRONIC (A) hybrid risk adjustment payment sys- ‘‘(B) Toileting. CONDITIONS tems, such as partial capitation; ‘‘(C) Transferring. SEC. 201. ADJUSTMENTS TO FEE-FOR-SERVICE (B) new diagnostic and service markers ‘‘(D) Bathing. PAYMENT SYSTEMS. that more accurately predict high risk; ‘‘(E) Dressing. (a) IN GENERAL.—The Secretary of Health (C) improving the structural components ‘‘(F) Continence. and Human Services shall provide for appro- of the applicable method of payment, such as reducing payment lag, using multiple site di- ‘‘(3) INSTRUMENTAL ACTIVITIES OF DAILY LIV- priate adjustments to each of the payment agnostic data, and using several years of ING.—The term ‘instrumental activities of systems described in subsection (b) to take daily living’ means each of the following: into account the additional costs incurred in data; ‘‘(A) Medication management. providing items and services under the medi- (D) providing for adjustments to payment ‘‘(B) Meal preparation. care program to medicare beneficiaries who amounts for beneficiaries with ‘‘(C) Shopping. suffer from serious and disabling chronic comorbidities; ‘‘(D) Housekeeping. conditions, including the consideration of (E) testing concurrent risk adjustment ‘‘(E) Laundry. the patient classification system (or other methodologies; and ‘‘(F) Money management. methodology) under subsection (d). The Sec- (F) testing payment methods using data ‘‘(G) Telephone use. retary shall implement such adjustments for from specialized programs for frail elderly ‘‘(H) Transportation use. items and services furnished on or after Oc- and at-risk beneficiaries. (3) IMPLEMENTATION.—The Secretary shall ‘‘(4) BENEFICIARY.—The term ‘beneficiary’ tober 1, 2005. means an individual entitled to benefits (b) PAYMENT SYSTEMS DESCRIBED.—The implement such revisions to the risk adjust- under part A, or enrolled under part B, in- payment systems referred to in subsection ment methodology for items and services cluding an individual enrolled under the (a) are the following: furnished on or after January 1, 2005. Medicare+Choice program under part C.’’. (1) The prospective payment system for (4) INTERIM REPORT.—Not later than Janu- covered skilled nursing facility services ary 1, 2004, the Secretary shall submit to (b) COVERAGE OF CARE COORDINATION AND under section 1888(e) of such Act (42 U.S.C. Congress a report on revision of the risk ad- ASSESSMENT SERVICES AS A PART B MEDICAL 1395yy(e)). justment methodology required under para- SERVICE.— (2) The prospective payment system for graph (1), including a description of the (1) IN GENERAL.—Section 1861(s) of the So- home health services under section 1895 of methods considered and employed by the cial Security Act (42 U.S.C. 1395x(s)) is such Act (42 U.S.C. 1395fff). Secretary in providing for such revision and amended— (3) The prospective payment system for an assessment of the impacts of such meth- (A) in the second sentence, by redesig- outpatient hospital services under section ods on access to effective care for medicare nating paragraphs (16) and (17) as clauses (i) 1833(t) of such Act (42 U.S.C. 1395l(t)). beneficiaries. and (ii); and (4) The physician fee schedule under sec- (b) INTERIM CONTINUATION OF BLENDED (B) in the first sentence— tion 1848 of such Act (42 U.S.C. 1395w–4). RATE FOR SPECIALIZED PROGRAMS FOR FRAIL (i) by striking ‘‘and’’ at the end of para- (5) The composite rate of payment for di- ELDERLY AND AT-RISK MEDICARE BENE- graph (14); alysis services under section 1881(b)(7) of FICIARIES RESIDING IN INSTITUTIONS.— (ii) by striking the period at the end of such Act (42 U.S.C. 1395rr(b)(7)). (1) IN GENERAL.—In the case of a paragraph (15) and inserting ‘‘; and’’; and (6) The payment rate for outpatient ther- Medicare+Choice organization that complies (iii) by adding after paragraph (15) the fol- apy services and comprehensive outpatient with the requirements under paragraph (2) lowing new paragraph: rehabilitation services under section 1834(k) and that offers a Medicare+Choice plan that ‘‘(16) care coordination and assessment of such Act (42 U.S.C. 1395m(k)). provides for a specialized program for frail services furnished by a care coordinator in (7) The payment rate for partial hos- elderly and at-risk beneficiaries that exclu- accordance with section 1866C.’’. pitalization services established by the Sec- sively serves beneficiaries in institutions or (2) CONFORMING AMENDMENTS.—Sections retary in regulations under title XVIII of beneficiaries that are entitled to medical as- 1864(a) 1902(a)(9)(C), and 1915(a)(1)(B)(ii)(I) of such Act. sistance under a State plan under title XIX, such Act (42 U.S.C. 1395aa(a), 1396a(a)(9)(C), (8) The payment rate for hospice services notwithstanding section 1853(a)(3)(C)(ii) of and 1396n(a)(1)(B)(ii)(I)) are each amended by under section 1814(i) of such Act (42 U.S.C. the Social Security Act (42 U.S.C. 1395w– striking ‘‘paragraphs (16) and (17)’’ each 1395f(i)). 23(a)(3)(C)(ii)), such organization shall be place it appears and inserting ‘‘clauses (i) (c) INTERIM REPORT.—Not later than 18 paid according to the method described in and (ii) of the second sentence’’. months after the date of enactment of this section 1853(a)(3)(C)(ii)(I) until such time as

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(2) REQUIREMENTS.—A Medicare+Choice or- (D) The organization does not receive pay- (c) INFORMATION.— ganization may not qualify for the payment ments, or adjustment to payments, with re- (1) IN GENERAL.—The Secretary may col- methodology under paragraph (1) unless the spect to any enrollee by reason of subsection lect such data from providers of services, organization collects such data (and in such (b) or (c). suppliers, fiscal intermediaries, and carriers. format) as the Secretary requires to monitor (3) WAIVER AUTHORITY.—The Secretary may Such providers, suppliers, fiscal inter- quality of services provided, outcomes, and waive such requirements of title XVIII of the mediaries, and carriers shall furnish to the costs, including functional and diagnostic Social Security Act as may be necessary to Secretary the data the Secretary requires to data and information collected through the carry out this demonstration program. conduct the study under subsection (a). Health Outcomes Survey. (4) TERMINATION.—The demonstration pro- (2) REQUIREMENT TO CONSIDER DATA PRE- (c) INTERIM CONTINUATION OF PAYMENT gram under this subsection shall terminate 1 VIOUSLY COLLECTED.—To the maximum ex- METHODOLOGIES FOR DEMONSTRATION PRO- year after such time as the Secretary has tent practicable, in conducting the study, GRAMS.— implemented the revised risk adjustment the Secretary shall analyze existing data and (1) IN GENERAL.—Notwithstanding any methodology required in subsection (a). utilize existing data collection methodolo- other provision of law, payment methodolo- (5) FUNDING.—There are authorized to be gies. gies for medicare demonstration programs appropriated to the Secretary $25,000,000 for (3) CONSULTATION.—The Secretary shall for specialized programs for frail elderly and carrying out the demonstration program consult with representatives of providers of at-risk beneficiaries that comply with the under this subsection. services, suppliers, fiscal intermediaries, and requirements under paragraph (2) shall con- (e) DEFINITION.—In this section, the term carriers with respect to data collection re- tinue under the terms and conditions of the ‘‘specialized programs for frail elderly and quirements to conduct the study with re- demonstration authority, including the risk at-risk beneficiaries’’ means— spect to the specific matters described in adjustment factors and formula used for pay- (1) demonstrations approved by the Sec- subsection (b). ing such demonstration programs, until such retary for purposes of testing the integration (d) REPORT.— time as the Secretary has implemented the of acute and expanded care services under (1) IN GENERAL.—Not later than 3 years revised risk adjustment methodology re- prepaid financing which include prescription after the date of enactment of this Act, and quired in subsection (a). drugs and other noncovered ancillary serv- triennially thereafter, the Secretary shall (2) REQUIREMENTS.—A medicare demonstra- ices, care coordination, and home and com- submit to Congress a report on the study tion program may not qualify for the pay- munity-based services, such as the social conducted under subsection (a) and the spe- ment methodology under paragraph (1) un- health maintenance organization demonstra- cific matters studied under subsection (b). less the program collects such data (and in tion project authorized under section 2355 of (2) RECOMMENDATIONS.—Each report shall such format) as the Secretary requires to the Deficit Reduction Act of 1984 and ex- also include specific recommendations with monitor quality of services provided, out- panded under section 4207(b)(4)(B)(i) of the respect to appropriate care for medicare comes, and costs, including functional and Omnibus Reconciliation Act of 1990; beneficiaries with chronic conditions, includ- diagnostic data and information collected (2) demonstrations approved by the Sec- ing the establishment, and refinement, of through the Health Outcomes Survey. retary for purposes of improving quality of goals for reducing chronic condition preva- (d) INTERIM DEMONSTRATION PROGRAM FOR care and preventing hospitalizations for lence rates and related medical expenses. ADDITIONAL PAYMENTS FOR SPECIALIZED PRO- nursing home residents, such as the (e) DEFINITION.—In this section, the term GRAMS.— EverCare demonstration project; ‘‘chronic condition’’ means one or more (1) IN GENERAL.—The Secretary shall estab- (3) demonstrations approved by the Sec- physical or mental conditions which are lish a demonstration program under which retary for purposes of testing methods for in- likely to last for an unspecified period of additional payments (in such manner and tegrating medicare and medicaid benefits for time, or for the duration of an individual’s amount as the Secretary determines appro- the dually eligible, such as the Minnesota life, for which there is no known cure, and priate) may be made to a Medicare+Choice Senior Health Options program, the Wis- which may affect an individual’s ability to organization that complies with the require- consin Partnership program, the Massachu- carry out basic activities of daily living, in- ments under paragraph (2) and that offers a setts Senior Care Organization program, and strumental activities of daily living, or both. Medicare+Choice plan that— the Rochester Community Care Network (f) REDUCTION OF PAPERWORK; ASSISTANCE WITH DEVELOPMENT OF COMPUTER-ASSISTED (A) provides, directly or through contract, program; PAPERWORK REDUCTION TECHNOLOGY.— for a specialized program of care for enroll- (4) demonstrations approved by the Sec- (1) REDUCTION OF PAPERWORK.—Not later ees with serious and disabling chronic condi- retary under subsection (d); and than one year after the date of enactment of tions; and (5) such other demonstrations or programs this Act, the Secretary shall, in consultation (B) exclusively serves enrollees with seri- approved by the Secretary for similar pur- with providers of services and suppliers ous and disabling chronic conditions or poses, as determined by the Secretary. under the medicare program, patient advo- serves a disproportionate share of such en- TITLE III—DEVELOPMENT OF NATIONAL rollees. cacy groups, and State and local health care POLICIES ON EFFECTIVE CHRONIC CON- administration experts, implement a pro- (2) REQUIREMENTS.—A Medicare+Choice or- DITION CARE ganization may not qualify for additional gram to eliminate or simplify those paper- SEC. 301. STUDY AND REPORT ON EFFECTIVE work requirements that are not required by payments under paragraph (1) unless the or- CHRONIC CONDITION CARE. law, and do not contribute to the quality of ganization and the specialized program of (a) STUDY.—For purposes of improving care furnished to medicare beneficiaries or care meet the following requirements: chronic condition care furnished to medicare the integrity of the medicare program. (A) Under the specialized program of care, beneficiaries under the medicare program, (2) DEVELOPMENT OF BEST PRACTICES SOFT- a clinical delivery system is established that the Secretary of Health and Human Services WARE.— meets the needs of such enrollees, includ- shall conduct a comprehensive study of (A) IN GENERAL.—The Secretary, through ing— chronic condition trends of medicare bene- the Office of Research and Development of (i) methods to prevent, delay, or minimize ficiaries and associated service utilization, the Center for Medicare and Medicaid Serv- the progression of disabilities; quality indicators, and cumulative costs. ices, shall develop and disseminate to pro- (ii) disease management protocols, such as (b) SPECIFIC MATTERS STUDIED.—The study viders of services and suppliers participating high risk screening to identify risk of hos- conducted under subsection (a) shall include in the medicare program best practices elec- pitalization, nursing home placement, func- an assessment of the following: tronic software and medical technology in- tional decline, death, and other factors that (1) Chronic condition prevalence rates. formation systems designed to reduce the increase the costs of care provided; (2) Demographic, medical, and functional duplicative recording of information, to re- (iii) appropriate specially trained health information about medicare beneficiaries duce the need for handwritten entries, and to care staff, such as nurse practitioners, geri- with chronic conditions. reduce the risk of medical and pharma- atric care managers, or mental health pro- (3) Utilization, cost, and quality data ceutical errors in data entry. fessionals; and across settings, including— (B) TECHNICAL ASSISTANCE.—The Secretary (iv) methods for promoting integration of (A) expenditures under a State plan under shall provide for technical assistance in the care, financing, and administrative functions title XIX of the Social Security Act for indi- use of the electronic software developed across health care settings. viduals dually eligible for benefits under the under subparagraph (A). (B) The organization collects such data medicare and medicaid programs, (C) AUTHORIZATION OF APPROPRIATIONS.— (and in such format) as the Secretary re- (B) data on out-of-pocket expenses paid by For each of fiscal years 2002, 2003, and 2004, quires to monitor quality of services pro- medicare beneficiaries, there are authorized to be appropriated to vided, outcomes, and costs, including func- (C) data on payments made by non-Federal the Secretary $10,000,000 to carry out this tional and diagnostic data and information health insurance programs, paragraph. collected through the Health Outcomes Sur- (D) amounts and percentages of overall SEC. 302. INSTITUTE OF MEDICINE MEDICARE vey. payments made to medicare providers of CHRONIC CONDITION CARE IM- (C) The organization employs quality services and suppliers for medicare bene- PROVEMENT STUDY AND REPORT. standards and tracks quality indicators spec- ficiaries with chronic conditions, and (a) STUDY.—

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(1) IN GENERAL.—The Secretary shall con- Expand access to health promotion services likely to last for an unspecified period of tract with the Institute of Medicine of the Establish demonstration projects to pro- time, or for the duration of an individual’s National Academy of Sciences to— mote disease self-management. life, for which there is no known cure, and (A) conduct a comprehensive study of the Implement a Medicare health education which may affect an individual’s ability to medicare program to identify— and risk appraisal program no later than 18 carry out basic activities of daily living (i) factors that facilitate access to effec- months after a series of demonstration (ADLs), instrumental activities of daily liv- tive care (including, where appropriate, hos- projects conclude. ing (IADLs), or both. pice care) for medicare beneficiaries with Expand coverage for care coordination and ‘‘Serious and disabling chronic condi- chronic conditions; and assessment services tion(s)’’ means the individual has one or (ii) factors that impede access to such care Create a new benefit that covers assess- more physical or mental conditions and has for such beneficiaries, ment, care coordination, counseling, and been certified by a licensed health care prac- including the issues studied under paragraph education assistance for individuals with se- titioner within the preceding 12 months as (2); and rious and disabling chronic conditions. Serv- having a level of disability such that the in- (B) submit the report described in sub- ices could be provided by health care profes- dividual, for at least 90 days, is unable to section (b). sionals, including physicians, social workers, perform at least 2 ADLs or a number of (2) ISSUES STUDIED.—The study required and nurses. IADLs or other measure indicating an equiv- under paragraph (1) shall— Examples of items and services to be cov- alent level of disability or requiring substan- (A) identify inconsistent clinical, finan- ered include: initial and periodic health tial supervision due to severe cognitive im- cial, or administrative requirements across screening and assessments; management and pairment. provider and supplier settings or professional referral for medical and other health serv- services with respect to medicare bene- ices; medication management; and patient By Mr. NELSON of Florida: ficiaries; and family caregiver education and coun- S. 1592. A bill to amend title XI of the (B) identify requirements under the pro- seling. Social Security Act to prohibit Federal gram imposed by law or regulation that— TITLE II—ESTABLISH PAYMENT INCENTIVES FOR funds from being used to provide pay- (i) promote costshifting across providers FURNISHING QUALITY SERVICES TO INDIVID- ments under a Federal health care pro- and suppliers; UALS WITH SERIOUS AND DISABLING CHRONIC gram to any health care provider who (ii) impede access to effective chronic con- CONDITIONS dition care by requiring the demonstration charges a membership or any other ex- Improve medicare financing methods of continuing clinical improvement of the traneous or incidental fee to a patient condition as a prerequisite to coverage of Direct the Secretary to refine Medicare as a prerequisite for the provision of an certain benefits; prospective payment systems for skilled item or services to the patient; to the nursing facility (SNF), home health, ther- (iii) impose unnecessary burdens on such Committee on Finance. beneficiaries and their family caregivers; apy, partial hospitalization, end stage renal dialysis (ESRD), and outpatient hospital Mr. NELSON of Florida. Mr. Presi- (iv) impede coverage for services that pre- dent, I am pleased to introduce the vent, delay, or minimize the progression of services and refine resource-based relative chronic conditions; value scale (RBRVS) payment methods for Medicare Equal Access to Care Act. I (v) impede the establishment of adminis- physicians to ensure appropriate payment am jointed by my colleagues Senators trative information systems to track health for serving individuals with serious and dis- DURBIN and EDWARDS. This legislation status, utilization, cost, and quality data abling chronic conditions. is designed to address a disturbing de- Direct the Secretary to refine across providers and suppliers and provider Medicare+Choice risk adjustment method- velopment which may make it harder settings; ology to provide adequate payment for plans for some seniors to have access to (vi) impede the establishment of clinical with specialized programs for frail elderly Medicare. information systems that support continuity and at-risk beneficiaries. I have recently become aware of a of care across settings and over time; Until the refined risk adjustment method- (vii) impede the alignment of financial in- practice, an early example if which ology is implemented, direct the Secretary took place in Florida, in which doctors centives among the medicare program, the to continue current payment methodologies medicaid program, and group health plans assess their existing patients a $1,500 for existing specialized programs for frail el- membership fee in order to receive con- and providers and suppliers that furnish derly and at-risk beneficiaries. services to the same beneficiary; or Create a demonstration program to provide tinued care. In some States, these fees (viii) impede payment methods that en- additional payments to Medicare+Choice have been as high as $20,000. By charg- courage the enrollment of high-risk popu- plans that provide a specialized program of ing these extraneous and unwarranted lations, support innovation, or encourage care for beneficiaries with serious and dis- dues, the doctors can shrink their prac- providers and suppliers to maintain or im- abling chronic conditions. These plans must tice, yet maintain their profits. An- prove health status for such medicare bene- exclusively serve such beneficiaries or serve ficiaries. other version of this arrangement is to a disproportionate share of such bene- require that patients seek and pay for (b) REPORT.—On the date that is 18 months ficiaries. The demonstration program would after the date of enactment of this Act, the expire one year after the refund risk adjust- non-Medicare covered services from Institute of Medicine of the National Acad- ment methodology is implemented. their doctors as a condition for joining emy of Sciences shall submit to Congress TITLE III—STUDY AND REPORT ON EFFECTIVE or remaining in the practice. Trag- and the Secretary of Health and Human CHRONIC CONDITION CARE ically, the patients who can’t afford Services a report that contains— Evaluate Medicare policies regarding chronic these large sums for the privilege of (1) a detailed statement of the findings and condition care medical care or who choose not to pur- conclusions of the study conducted under subsection (a); and Direct the Secretary to study chronic con- chase non-Medicare covered services (2) recommendations to improve access to dition trends and associated service utiliza- are simply told to find another doctor. effective care for medicare beneficiaries with tion, cumulative costs, and quality indica- In areas where there is already a short- chronic conditions. tors in Medicare. age of doctors, this practice could se- Direct the Secretary to report the study verely hamper Medicare beneficiaries’ results to Congress every 3 years. The report SUMMARY OF THE MEDICARE CHRONIC CARE must include recommendations on improving access to health care. IMPROVEMENT ACT OF 2001 care for Medicare beneficiaries with chronic Then, in addition to membership fees TITLE I—EXPANSION OF BENEFITS TO PREVENT, conditions, reducing chronic conditions, and the doctors bill Medicare for the cost DELAY, AND MINIMIZE THE PROGRESSION OF reducing related medical expenses. of the covered services they provide. CHRONIC CONDITIONS Identify improvements in Medicare to ensure Were Medicare a private insurance Improve access to preventive services effective chronic condition care company, this practice would not be al- Eliminate deductibles and co-insurance for Direct the Secretary to contract with the lowed. Private health insurance com- Medicare covered preventive services. IOM to investigate and identify barriers and panies do not permit their providers to Streamline process of approving preventive facilitators to effective care for Medicare charge an ‘‘access fee’’ as a condition benefits by directing the Secretary of Health beneficiaries with chronic conditions, includ- to being accepted as a patient. The ing inconsistent clinical, financial, or ad- and Human Services to contract with the In- Federal Government, the American stitute of Medicine (IOM) to investigate and ministrative requirements across care set- tings. The IOM’s report must include rec- taxpayers, should not hold its pro- recommend new preventive benefits every 3 viders to a looser standard, thereby years. Grant the Secretary the authority to ommendations to improve access to effective implement these recommendations, and fast- care. supporting a distasteful division of track the recommendations through Con- Definitions Medicare beneficiaries into haves and gress if the Secretary chooses not to act ‘‘Chronic condition’’ means one or more have-nots. This situation is unaccept- upon this authority. physical or mental conditions which are able.

VerDate Mar 15 2010 04:06 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 S11214 CONGRESSIONAL RECORD — SENATE October 30, 2001 The Medicare Equal Access to Care any other extraneous or incidental fee to a eral role. I am committed to this proc- Act bill will put a damper on such patient, or requires a patient to purchase an ess, and I look forward to continuing to agreements. This legislation is simple: item or service, as a prerequisite for the pro- work with my colleagues on legislation it will prevent any federal health pro- vision of an item or service to the patient. ‘‘(b) FEDERAL HEALTH CARE PROGRAM DE- that we plan to introduce early next gram, like Medicare, from reimbursing FINED.—In this section, the term ‘Federal year. doctors who charge their patients health care program’ has the meaning given However, today, I rise to speak to membership fees, as defined by the Sec- that term under section 1128B(f) except that, you about another aspect of our Na- retary of Health and Human Services, for purposes of this section, such term in- or who require that their patients pur- cludes the health insurance program under tion’s water infrastructure—security. chase non-Medicare. chapter 89 of title 5, United States Code.’’. Since the events of September 11, I I want to emphasize that this legisla- (b) EFFECTIVE DATE.—The amendment have worked with the members of the tion does not interfere with the right made by subsection (a) applies to payments Environment and Public Works Com- made on or after the date of enactment of mittee and the Environmental Protec- of the doctor and patient to enter into this Act. private arrangements. A doctor may tion Agency to ensure that we are tak- forego Medicare reimbursement and By Mr. JEFFORDS (for himself, ing the steps necessary to protect our charge patients a membership fee of Mr. SMITH of New Hampshire, nation’s water infrastructure system any amount, and patients have the and Mr. CRAPO): during these times. There are many choice of whether to accept that condi- S. 1593. A bill to authorize the Ad- short term actions that have already tion. Likewise, a doctor is free to ministrator of the Environmental Pro- been taken. charge a patient for any service that is tection Agency to establish a grant Based on the recommendations of not reimbursed under Medicare. program to support research projects Presidential Decision Directive 63, Though they present a carefully on critical infrastructure protection issued by President Clinton in 1998, the crafted loophole, these arrangements for water supply systems, and for other Environmental Protection Agency and violate the intent and spirit of the Bal- purposes; to the Committee on Envi- its industry partner, the Association of anced Billing Act. ronment and Public Works. Clearly, our health care system is Mr. JEFFORDS. Mr. President, Mem- Metropolitan Water Agencies, have es- not working for patients. Additionally bers of the Senate, I rise before you tablished a communications system, a it’s not working for doctors, if they today to introduce the Water Infra- water infrastructure Information Shar- must resort to these types of practices. structure Security and Research Devel- ing and Analysis Center, designed to Also, hundreds of thousands of our na- opment Act. This legislation author- provide real-time threat assessment tion’s seniors have been informed that izes the U.S. Environmental Protection data to water utilities throughout the their managed care company will be Agency to provide funding to support nation. withdrawing from the Membership pro- research projects on critical infrastruc- Through this partnership, the Envi- gram. We need to adequately reimburse ture protection for water supply sys- ronmental Protection Agency and the doctors, to provide the incentive to tems. Association of Metropolitan Water continue to participate in the Our Nation’s water supply system is Agencies are working to develop ge- Medicare+Choice program. Just as we truly unique. It uses a decentralized, don’t want Medicare beneficiaries to be neric assessment tools that individual community-based approach to provide water utilities can use to assess their told their HMO is unavailable, we don’t superior water services to all citizens facilities for potential physical and want them to be told their doctor is of the United States. Here, we turn on cyber threats. I believe that the rapid unavailable, unless they pay a fee. the tap in our homes and receive clean, These are among these reasons that fresh water without giving it much completion of both these tools and the Congress needs to complete and pass a thought. This not the way water sys- individual assessments is imperative. Patient’s Bill of Rights and send it to tems operate throughout the world. In early October, I sent a letter to the the President. But in the meantime, we A 1997 United Nations report on the President with Senators SMITH, GRA- must protect our seniors and ensure state of water resources worldwide HAM, and CRAPO and Representatives that their access to Medicare is not states that at least one-fifth of all peo- TAUZIN, DINGELL, GILLMOR, and PAL- subject to hurdles and conditions. ple do not have access to safe drinking LONE requesting that he use a portion I look forward to working with my water, and more than one-half lack of the $20 billion of discretionary funds colleagues to pass the Medicare Equal adequate sanitation. Quoting from the provided to the Administration by Con- Access to Care Act. report: gress this year to provide assistance I ask unanimous consent that the The World Health Organization estimates for these assessments to water utili- text of the Bill be printed in the that a total of more than five million people ties. RECORD. die each year just from diseases caused by There being no objection, the bill was unsafe drinking water, and a lack of sanita- The legislation I am introducing ordered to be printed in the RECORD, as tion and water for hygiene. Provision of safe today with Senator SMITH will take us follows: drinking water and sanitation could reduce one step further by authorizing support S. 1592 the amount of illness and death by as much of both ongoing efforts under Presi- as three-quarters, depending on the disease. Be it enacted by the Senate and House of Rep- dential Decision Directive 63 and new resentatives of the United States of America in In this country, we often take our research to assess potential threats to Congress assembled, water system for granted. When consid- our water supply system and develop SECTION 1. SHORT TITLE. ered in the international context, the solutions. This Act may be cited as the ‘‘Equal Ac- true value of our water system be- This legislation authorizes twelve cess to Care Act’’. comes more apparent. We truly have million dollars per year from 2002 to SEC. 2. LIMITATION ON PAYMENTS TO PRO- something to protect. VIDERS UNDER A FEDERAL HEALTH During my tenure as Chairman of the 2007 for the Environmental Protection CARE PROGRAM. Environment and Public Works Com- Agency to use for grants to or coopera- (a) IN GENERAL.—Title XI of the Social Se- mittee, we have been evaluating the tive agreements with research institu- curity Act (42 U.S.C. 1301 et seq.) is amended tions. Projects conducted under these by inserting after section 1128F the following state of our Nation’s water infrastruc- new section: ture, both drinking water and waste- agreements will be used to conduct re- ‘‘SEC. 1128G. LIMITATION ON PAYMENTS TO PRO- water. It is clear that we have work to search addressing physical and cyber VIDERS UNDER A FEDERAL HEALTH do to modernize our existing systems threats at water supply systems, im- CARE PROGRAM. and ensure that we continue to provide provements in information sharing and ‘‘(a) IN GENERAL.—No Federal funds shall clean, safe water to our citizens into analysis efforts, and technical assist- be used to provide payments under a Federal ance and training. These projects will health care program to any physician (as de- the future. Our discussions in the Com- fined in section 1861(r)), practitioner (as de- mittee tend to focus on infrastructure address both drinking water and waste- scribed in section 1842(b)(18)(C)), or other in- replacement needs, the funds that will water systems that make up our na- dividual who charges a membership fee or be required, and the extent of the fed- tion’s water supply infrastructure.

VerDate Mar 15 2010 04:06 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2001 CONGRESSIONAL RECORD — SENATE S11215 Eligible research institutions will in- To this day, nurses are defending lines are well-prepared to respond to clude public and private entities, in- America. In clinics, hospitals and of- emergencies. cluding national laboratories that per- fices around the country, they are Our bill does both. First, it creates form research that will improve the se- working to detect and treat actual or demonstration programs to encourage curity of water supply systems. Our suspected cases of anthrax. Should our states to adopt magnet hospital prac- legislation includes a provision to en- Nation face other biological threats or tices, which will help attract and re- sure that those entities conducting terrorist attacks, nurses will be there tain the nursing staff our hospitals this research have the ability to effec- for us. need so they can cope with surges in tively safeguard sensitive information. Today’s news that a woman who patient volume. Individual projects will fall into a se- works in the Manhattan Eye, Ear and And, second, our bill encourages ries of categories designed to develop Throat Hospital is in critical condition nurses to pursue continued education. the information we need to protect our with possible inhalation anthrax is a That is so important today, when we water supply system nationwide. reminder of the hazards faced by health need more health care professionals First, projects will assess the secu- care workers. And it is a reminder of who can detect the early signs of a bio- rity issues for water supply systems by how important it is that our public terrorist attack. This legislation will conducting assessments and developing health system be fully staffed with promote the kind of training that the and refining vulnerability assessment trained health care professionals. New York State Nurses Association, tools. Sadly, America is facing a nursing Bellevue Hospital and New York Col- Second, projects will protect water shortage at a time when the need for lege provide for nurses in my state. supply systems from potential threats more nurses is so clear. Our nurses are Mr. SMITH of Oregon. Mr. President, by developing technologies, processes, facing an emergency of their own and I rise today to join my colleague from guidelines, standards, and procedures they need our help. The nursing short- New York, Senator CLINTON, in intro- for the purpose of protecting water age imposes increasing hardship on ducing the Nurse Retention and Qual- supply systems. Projects will also de- hospitals and nurses alike, and threat- ity of Care Act of 2001. As most of my velop real-time monitoring systems to ens the ability of our health care sys- colleagues already know, our Nation is protect against chemical, biological, or tem to provide basic patient care, facing an unprecedented nursing short- radiological attack. much less respond to health crises and age. A Northwest Health Foundation Third, projects will develop tech- terrorism. study released this year found that Or- nologies and processes for addressing Not only is the number of individuals egon alone will have 3,200 nursing va- the mitigation, response and recovery entering the nursing profession falling, cancies in 2010. It is critical that we of biological, chemical and radiological but hospitals are also facing difficulty act immediately to address this short- contamination of water supply sys- retaining the nurses already on staff. age, and we must start by retaining the tems. highly skilled nurses that already con- Fourth, projects will implement re- Fifty percent of nurses say they have stitute the foundation of our health quirements of Presidential Decision Di- recently considered leaving their jobs care system. rective 63 by refining and operating the for reasons other than retirement, and approximately half a million licensed Our Nation’s nursing shortage is not Information Sharing and Analysis Cen- merely the result of poor nurse recruit- ter to capture and share threats, nurses are not currently practicing nursing. Many of the nurses who have ment, this shortage exists in large part events and best practices. because nurses are leaving the profes- Finally, projects will test and evalu- considered leaving the profession cite sion altogether. Half a million licensed ate new technologies and processes by their low level of overall job satisfac- nurses are not currently practicing. developing regional ‘‘pilot facilities’’ tion. These nurses represent some of our Na- to demonstrate upgraded security sys- While we must do more to improve tion’s most compassionate and experi- tems, assess new technologies, and to the number of nurses in training, we enced health care professionals, but determine operational and cost im- must also take steps to enhance the they feel compelled to look elsewhere pacts due to enhanced security. workplace to retain current nurses, Individual awards may not exceed and that is what the bill that Senator for work, and we must do something to one million dollars. Test and evalua- GORDON SMITH and I will be introducing change this disturbing trend. The Nurse Retention and Quality of tion projects will be cost-shared on a today would address. Care Act will give hospitals incentives 50–50 basis. One way to retain nurses is to follow I look forward to working with my the example of those hospitals that to develop and implement model prac- colleagues on this legislation and other have become nursing ‘‘magnets.’’ They tices for retaining nurses, such as the efforts to enhance the security of our are successful because they involve methods used by ‘‘magnet hospitals’’. Nation’s water infrastructure in the nurses in decision-making, encourage Magnet hospitals have been in exist- weeks, months, and years to come. We collaboration among health profes- ence for a number of years, and share truly have something to protect; clean, sionals, give nurses the opportunity to certain characteristics designed to safe, fresh water is worth our invest- pursue continuing education and ad- make these hospitals attractive work- ment. vancement, and they organize care to places for nurses. These hospitals pro- improve patient outcome. mote nurse participation in decision- By Mrs. CLINTON (for herself, Our bill is designed to encourage making, collaboration and communica- Mr. SMITH of Oregon, Mr. KEN- more hospitals to follow these leads. tion among health care professionals, NEDY, and Mrs. MURRAY): And I am pleased that hospitals and opportunities for nurses to pursue edu- S. 1594. A bill to amend the Public nurses support this bill. It has been en- cation and career advancement, and a Health Service Act to provide pro- dorsed by the American Nurses Asso- balanced and accommodating work en- grams to improve nurse retention, the ciation and the American Hospitals As- vironment for nurses. nursing workplace, and the quality of sociation. Nurses in magnet hospitals stay care; to the Committee on Health, Edu- It is also a good bill for patients and twice as long on average as those in cation, Labor, and Pensions. their quality of care as well. Research non-magnet hospitals, and consistently Mrs. CLINTON. Mr. President, I am has shown that magnet hospitals have report greater job satisfaction. Pa- proud to introduce today the Nurse Re- lower mortality rates, shorter lengths tients also express higher satisfaction tention and Quality Care Act of 2001 of stay, higher patient satisfaction and in magnet hospitals. There is one such and to speak about the importance of cost-efficiency. hospital in my home state of Oregon, nurses and the work they do. On Sep- As our Nation faces increasing Providence St. Vincent Medical Center tember 11, nurses were among those threats of terrorist and biological at- in Portland, OR, and I am not alone in who were on the front lines of the bat- tack, our health system must be hoping this legislation will lead to ad- tle against terrorism. With courage, stronger than ever before. One of the ditional magnet facilities. Our legisla- skill and determination, they were on best ways we can do this is by taking tion will authorize $40 million in dem- the job, treating the injured, helping to steps to reverse the nursing shortage, onstration grants for health care facili- save lives. and ensure that nurses on the front ties to implement the model practices

VerDate Mar 15 2010 04:06 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11216 CONGRESSIONAL RECORD — SENATE October 30, 2001 utilized by magnet hospitals, and I be- the United States and all levels of govern- ference, a Legal and Economic Issues lieve that this will be an important ment to recognize and celebrate the accom- Forum, and a national water quality step toward fixing our Nation’s im- plishments of the United States under, and monitoring effort to gather water qual- pending nursing shortage. to recommit to achieving the goals of, that ity data from around the country. Act. Nurses are the human face of medi- Please join me in support this legisla- cine, but the demands on them are in- Mr. BOND. Mr. President, it is a tion. pleasure for me to submit a concurrent creasingly difficult to bear. The Nurse f Retention and Quality of Care Act resolution with the House of Rep- SENATE RESOLUTION 174—EX- paves the way for hospitals to imple- resentatives to commemorate the 30th PRESSING APPRECIATION TO ment practices that will improve the anniversary of the Clean Water Act THE UNITED KINGDOM FOR ITS morale of nurses and encourage them next October 2002. Representative SOLIDARITY AND LEADERSHIP to stay in the nursing profession. Now, SHERRY BOEHLERT is introducing the AS AN ALLY OF THE UNITED more than ever, with the current House version and joining me in the STATES AND REAFFIRMING THE health and safety concerns facing our Senate are Senators CRAPO, GRAHAM, SPECIAL RELATIONSHIP BE- Nation, we must let nurses know that and VOINOVICH. TWEEN THE TWO COUNTRIES they are important to us and that we Every time we look out onto a river, value their expertise and compassion. swim in a lake, or cast a line in search Mr. MILLER (for himself and Mr. By passing this bill, we can do just of a fish, we have the Clean Water Act HELMS) submitted the following resolu- that, and take important steps to en- to thank. Streams that were once de- tion; which was referred to the Com- sure an adequate supply of highly void of fish and other aquatic life now mittee on Foreign Relations: support numerous and varied aquatic qualified nurses for years to come. S. RES. 174 populations. Lakes that were once f Whereas the United Kingdom has been a choked by pollution are now vastly im- stalwart and loyal ally to the United States; STATEMENTS ON SUBMITTED proved. Wastewater discharges from Whereas in response to the September 11, RESOLUTIONS municipal and industrial sources are 2001 terrorist attacks on the United States being controlled. the Prime Minister of the United Kingdom, One of the first and most successful Tony Blair, declared that ‘‘America is our SENATE CONCURRENT RESOLU- national environmental laws to be closest ally and friend. The links between TION 80—EXPRESSING THE passed by the Federal Government, the our two peoples are many and close and have SENSE OF CONGRESS REGARD- Federal Water Pollution Control Act, been further strengthened over the last few ING THE 30TH ANNIVERSARY OF days. We believe in Britain that you stand by commonly known as the Clean Water your friends in times of trial just as America THE ENACTMENT OF THE FED- Act, was enacted in 1972 and set the stood by us’’; ERAL WATER POLLUTION CON- goal of restoring and maintaining the Whereas the United Kingdom has worked TROL ACT chemical, physical, and biological in- with the United States to build and consoli- Mr. BOND (for himself, Mr. GRAHAM, tegrity of the nation’s waters. In the date an international coalition of countries determined to defeat the scourge of ter- Mr. VOINOVICH, Mr. JEFFORDS, and Mr. nearly three decades since its enact- rorism; CRAPO) submitted the following con- ment, Clean Water Act programs have yielded measurable improvements in Whereas Prime Minister Tony Blair and current resolution; which was referred other senior officials of the Government of to the Committee on Environment and water quality. the United Kingdom have personally trav- Public Works: We have come a long way, yet much eled to foreign capitals, including Moscow, S. CON. RES. 80 remains to be done to achieve the Acts’ Islamabad, and New Delhi, as part of the ef- goals of ‘‘fishable’’ and ‘‘swimmable’’ Whereas clean water is a natural resource fort to build this international coalition; and of tremendous value and importance to the waters. Nonpoint sources of pollution Whereas British military forces partici- United States; from urban, suburban and rural areas pated in the initial strikes against the Whereas there is resounding public support are remain a significant threat to the Taliban and the Al Qaeda terrorist network for protecting and enhancing the quality of nation’s water resources. Science has and continue to fight side by side with the rivers, streams, lakes, wetland, and ma- United States forces in this war against ter- given us the ability to detect pollut- rorism: Now, therefore, be it rine water of the United States; ants in ever decreasing amounts. Tech- Whereas maintaining and improving water Resolved, That the Senate— nological advances, while providing so- (1) extends its most heartfelt appreciation quality is essential to protecting public lutions to pollution problems, also pose health, fisheries, wildlife, and watersheds, to the United Kingdom for its unwavering and to ensuring abundant opportunities for new pollution concerns. solidarity and leadership as an ally of the public recreation and economic development; Therefore, while commemorating a United States; and Whereas it is a national responsibility to successful 30 years in clean water, we (2) reaffirms the special relationship of his- provide clean water for future generations; must also recommit ourselves to solv- tory, shared values, and common strategic Whereas substantial progress has been interests that the United States enjoys with ing remaining clean water problems. the United Kingdom. made in protecting and enhancing water The time until the 30th anniversary on quality since the date of enactment, in 1972, October 18, 2002, will provide us a year f of the Federal Water Pollution Control Act to renew our commitment to clean our AMENDMENTS SUBMITTED AND (33 U.S.C. 1251 et seq.) due to concerted ef- PROPOSED forts by Federal, State, and local govern- waters. As it did in 1992, America’s ments, the private sector, and the public; Clean Water Foundation, ACWF, will SA 2017. Mr. HARKIN (for himself and Mr. Whereas serious water pollution problems coordinate the Year of Clean Water SPECTER) proposed an amendment to the bill persist throughout the United States and with activities: 1. highlighting the need H.R. 3061, making appropriations for the De- significant challenges lie ahead in the effort to enhance collective appreciation for partments of Labor, Health and Human Serv- to protect water resources from point the importance of our water resources, ices, and Education, and related agencies for sources and nonpoint sources of pollution; 2. educating our nation’s youth 3. the fiscal year ending September 30, 2002, and Whereas further development and innova- building a better understanding of re- for other purposes. tion of water pollution control programs and SA 2018. Mr. CHAFEE submitted an amend- advancement of water pollution control re- maining challenges and solutions, and ment intended to be proposed by him to the search, technology, and education are nec- 4. rekindling the stewardship ethic bill H.R. 3061, supra; which was ordered to lie essary and desirable; and begun in the 1970’s. on the table. Whereas October 2002 is the 30th anniver- The Year of Clean Water activities, SA 2019. Mr. FEINGOLD (for himself and sary of the enactment of the Federal Water scheduled throughout 2002, will provide Ms. COLLINS) submitted an amendment in- Pollution Control Act (33 U.S.C. 1251 et seq.): the opportunity for citizens and gov- tended to be proposed by him to the bill H.R. Now, therefore be it ernments to come together in support 3061, supra; which was ordered to lie on the Resolved by the Senate (the House of Rep- of clean water and water resource pro- table. resentatives concurring), That, as the United SA 2020. Mr. DOMENICI (for himself, Mr. States marks the 30th anniversary, in Octo- tection programs. For example, pro- WELLSTONE, Mr. KENNEDY, Mr. REID, Ms. ber 2002, of the enactment of the Federal gram planning is under way for a World STABENOW, Mr. AKAKA, Mr. BAUCUS, Mr. Water Pollution Control Act (33 U.S.C. 1251 Watershed Summit, a Youth Watershed BAYH, Mr. BENNETT, Mr. BIDEN, Mr. BINGA- et seq.), Congress encourages the people of Summit, a National Stormwater Con- MAN, Mrs. BOXER, Mr. BREAUX, Mr. BYRD, Ms.

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CANTWELL, Mrs. CARNAHAN, Mr. CARPER, Mr. tivities for fiscal years 2002 and 2003, and for Act: Provided further, That funds provided to CHAFEE, Mr. CLELAND, Mrs. CLINTON, Mr. other purposes; which was ordered to lie on carry out section 171(d) of the Workforce In- COCHRAN, Ms. COLLINS, Mr. CONRAD, Mr. the table. vestment Act may be used for demonstration CORZINE, Mr. DASCHLE, Mr. DAYTON, Mr. SA 2037. Mr. REID (for Mr. KOHL (for him- projects that provide assistance to new en- DEWINE, Mr. DODD, Mr. DORGAN, Mr. DURBIN, self and Mr. COCHRAN)) proposed an amend- trants in the workforce and incumbent work- Mr. EDWARDS, Mrs. FEINSTEIN, Mr. FRIST, Mr. ment to the bill H.R. 2330, making appropria- ers: Provided further, That funding appro- GRAHAM, Mr. GRASSLEY, Mr. HARKIN, Mr. tions for Agriculture, Rural Development, priated herein for Dislocated Worker Em- HATCH, Mr. HOLLINGS, Mr. INOUYE, Mr. JEF- Food and Drug Administration, and Related ployment and Training Activities under sec- FORDS, Mr. JOHNSON, Mr. KERRY, Mr. KOHL, Agencies programs for the fiscal year ending tion 132(a)(2)(A) of the Workforce Investment Ms. LANDRIEU, Mr. LEAHY, Mr. LEVIN, Mr. September 30, 2002, and for other purposes. Act may be distributed for Dislocated Work- LIEBERMAN, Mrs. LINCOLN, Mr. LUGAR, Ms. SA 2038. Mrs. CLINTON submitted an er Projects under section 171(d) of the Act MIKULSKI, Mr. MILLER, Mrs. MURRAY, Mr. amendment intended to be proposed by her without regard to the 10 percent limitation NELSON, of Florida, Mr. REED, Mr. ROBERTS, to the bill H.R. 3061, making appropriations contained in section 171(d) of the Act: Pro- Mr. ROCKEFELLER, Mr. SARBANES, Mr. SCHU- for the Departments of Labor, Health and vided further, That no funds from any other MER, Mr. SHELBY, Ms. SNOWE, Mr. SPECTER, Human Services, and Education, and related appropriation shall be used to provide meal Mr. THOMAS, Mr. TORRICELLI, Mr. WARNER, agencies for the fiscal year ending Sep- services at or for Job Corps centers. Mr. WYDEN, and Mr. STEVENS) proposed an tember 30, 2002, and for other purposes; which For necessary expenses of the Workforce amendment to the bill H.R. 3061, supra. was ordered to lie on the table. Investment Act, including the purchase and SA 2021. Ms. COLLINS submitted an SA 2039. Mrs. CLINTON submitted an hire of passenger motor vehicles, the con- amendment intended to be proposed by her amendment intended to be proposed by her struction, alteration, and repair of buildings to the bill H.R. 3061, supra; which was or- to the bill H.R. 3061, supra; which was or- and other facilities, and the purchase of real dered to lie on the table. dered to lie on the table. property for training centers as authorized SA 2022. Mr. BROWNBACK submitted an f by the Workforce Investment Act; amendment intended to be proposed by him $2,463,000,000 plus reimbursements, of which to the bill H.R. 3061, supra; which was or- TEXT OF AMENDMENTS $2,363,000,000 is available for obligation for dered to lie on the table. SA 2017. Mr. HARKIN (for himself the period October 1, 2002 through June 30, SA 2023. Mr. BROWNBACK submitted an 2003, and of which $100,000,000 is available for and Mr. SPECTER) proposed an amend- amendment intended to be proposed by him ment to the bill H.R. 3061, making ap- the period October 1, 2002 through June 30, to the bill H.R. 3061, supra; which was or- 2005, for necessary expenses of construction, dered to lie on the table. propriations for the Departments of rehabilitation, and acquisition of Job Corps SA 2024. Mr. DORGAN (for himself, Mr. Labor, Health and Human Services, centers: Provided, That funding provided HARKIN, and Mr. HATCH) submitted an and Education, and related agencies for herein for carrying out Dislocated Worker amendment intended to be proposed by him the fiscal year ending September 30, Employment and Training Activities under to the bill H.R. 3061, supra. 2002, and for other purposes; as follows: the Workforce Investment Act shall include SA 2025. Mr. BINGAMAN (for himself and Strike all after the enacting clause and in- $880,800,000 under section 132(a)(2)(B) of the Mr. DOMENICI) submitted an amendment in- sert: That the following sums are appro- Act, and $179,200,000 under section tended to be proposed by him to the bill H.R. 132(a)(2)(A) of the Act. 3061, supra; which was ordered to lie on the priated, out of any money in the Treasury COMMUNITY SERVICE EMPLOYMENT FOR OLDER table. not otherwise appropriated, for the Depart- AMERICANS SA 2026. Ms. COLLINS (for herself, Mr. ments of Labor, Health and Human Services, CHAFEE, Mr. KERRY, and Mr. WELLSTONE) and Education, and related agencies for the To carry out title V of the Older Ameri- submitted an amendment intended to be pro- fiscal year ending September 30, 2002, and for cans Act of 1965, as amended, $450,000,000. posed by her to the bill H.R. 3061, supra; other purposes, namely: FEDERAL UNEMPLOYMENT BENEFITS AND which was ordered to lie on the table. TITLE I—DEPARTMENT OF LABOR ALLOWANCES SA 2027. Mr. GRAHAM (for himself, Mr. EMPLOYMENT AND TRAINING ADMINISTRATION For payments during the current fiscal BIDEN, and Mr. LIEBERMAN) submitted an TRAINING AND EMPLOYMENT SERVICES year of trade adjustment benefit payments amendment intended to be proposed by him For necessary expenses of the Workforce and allowances under part I; and for train- to the bill H.R. 3061, supra; which was or- ing, allowances for job search and relocation, dered to lie on the table. Investment Act, including the purchase and hire of passenger motor vehicles, the con- and related State administrative expenses SA 2028. Mr. ROCKEFELLER submitted an under part II, subchapters B and D, chapter amendment intended to be proposed by him struction, alteration, and repair of buildings and other facilities, and the purchase of real 2, title II of the Trade Act of 1974, as amend- to the bill H.R. 3061, supra; which was or- ed, $415,650,000, together with such amounts dered to lie on the table. property for training centers as authorized by the Workforce Investment Act and the as may be necessary to be charged to the SA 2029. Mr. TORRICELLI submitted an subsequent appropriation for payments for amendment intended to be proposed by him National Skill Standards Act of 1994; $3,070,281,000 plus reimbursements, of which any period subsequent to September 15 of the to the bill H.R. 3061, supra; which was or- current year. dered to lie on the table. $1,670,941,000 is available for obligation for STATE UNEMPLOYMENT INSURANCE AND SA 2030. Mr. TORRICELLI submitted an the period July 1, 2002 through June 30, 2003; EMPLOYMENT SERVICE OPERATIONS amendment intended to be proposed by him of which $1,377,965,000 is available for obliga- to the bill H.R. 3061, supra; which was or- tion for the period April 1, 2002 through June For authorized administrative expenses, dered to lie on the table. 30, 2003, including $1,127,965,000 to carry out $191,452,000, together with not to exceed SA 2031. Mr. TORRICELLI submitted an chapter 4 of the Workforce Investment Act $3,238,886,000 (including not to exceed amendment intended to be proposed by him and $250,000,000 to carry out section 169 of $1,228,000 which may be used for amortiza- to the bill H.R. 3061, supra; which was or- such Act; and of which $20,375,000 is available tion payments to States which had inde- dered to lie on the table. for the period July 1, 2002 through June 30, pendent retirement plans in their State em- SA 2032. Mr. TORRICELLI submitted an 2005 for necessary expenses of construction, ployment service agencies prior to 1980), amendment intended to be proposed by him rehabilitation, and acquisition of Job Corps which may be expended from the Employ- to the bill H.R. 3061, supra; which was or- centers: Provided, That $9,098,000 shall be for ment Security Administration account in dered to lie on the table. carrying out section 172 of the Workforce In- the Unemployment Trust Fund including the SA 2033. Mr. TORRICELLI submitted an vestment Act, and $3,500,000 shall be for car- cost of administering section 51 of the Inter- amendment intended to be proposed by him rying out the National Skills Standards Act nal Revenue Code of 1986, as amended, sec- to the bill H.R. 3061, supra; which was or- of 1994: Provided further, That funding pro- tion 7(d) of the Wagner-Peyser Act, as dered to lie on the table. vided herein for carrying out Dislocated amended, the Trade Act of 1974, as amended, SA 2034. Mr. TORRICELLI submitted an Worker Employment and Training Activities the Immigration Act of 1990, and the Immi- amendment intended to be proposed by him under the Workforce Investment Act shall gration and Nationality Act, as amended, to the bill H.R. 3061, supra; which was or- include $402,000,000 under section 132(a)(2)(B) and of which the sums available in the allo- dered to lie on the table. of the Act, and $87,000,000 under section cation for activities authorized by title III of SA 2035. Mr. BYRD (for himself and Mr. 132(a)(2)(A) of the Act: Provided further, That, the Social Security Act, as amended (42 STEVENS) proposed an amendment to amend- notwithstanding any other provision of law U.S.C. 502–504), and the sums available in the ment SA 2020 submitted by Mr. DOMENICI and or related regulation, $80,770,000 shall be for allocation for necessary administrative ex- intended to be proposed to the bill (H.R. 3061) carrying out section 167 of the Workforce In- penses for carrying out 5 U.S.C. 8501–8523, supra. vestment Act, including $74,751,000 for for- shall be available for obligation by the SA 2036. Mr. SMITH, of New Hampshire mula grants, $5,000,000 for migrant and sea- States through December 31, 2002, except (for himself and Mr. WARNER) submitted an sonal housing, and $1,019,000 for other discre- that funds used for automation acquisitions amendment intended to be proposed by him tionary purposes: Provided further, That shall be available for obligation by the to the bill S. 1401, to authorize appropria- funding provided herein under section 166 of States through September 30, 2004; and of tions for the Department of State and for the Workforce Investment Act shall include which $191,452,000, together with not to ex- United States international broadcasting ac- $1,711,000 for use under section 166(j)(1) of the ceed $773,283,000 of the amount which may be

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expended from said trust fund, shall be avail- PENSION BENEFIT GUARANTY CORPORATION quent year appropriation for the payment of able for obligation for the period July 1, 2002 PENSION BENEFIT GUARANTY CORPORATION compensation and other benefits for any pe- through June 30, 2003, to fund activities FUND riod subsequent to August 15 of the current under the Act of June 6, 1933, as amended, in- The Pension Benefit Guaranty Corporation year: Provided, That amounts appropriated cluding the cost of penalty mail authorized is authorized to make such expenditures, in- may be used under section 8104 of title 5, under 39 U.S.C. 3202(a)(1)(E) made available cluding financial assistance authorized by United States Code, by the Secretary of to States in lieu of allotments for such pur- section 104 of Public Law 96–364, within lim- Labor to reimburse an employer, who is not pose: Provided, That to the extent that the its of funds and borrowing authority avail- the employer at the time of injury, for por- Average Weekly Insured Unemployment able to such Corporation, and in accord with tions of the salary of a reemployed, disabled (AWIU) for fiscal year 2002 is projected by law, and to make such contracts and com- beneficiary: Provided further, That balances the Department of Labor to exceed 2,622,000, mitments without regard to fiscal year limi- of reimbursements unobligated on Sep- an additional $28,600,000 shall be available for tations as provided by section 104 of the Gov- tember 30, 2001, shall remain available until expended for the payment of compensation, obligation for every 100,000 increase in the ernment Corporation Control Act, as amend- benefits, and expenses: Provided further, That AWIU level (including a pro rata amount for ed (31 U.S.C. 9104), as may be necessary in in addition there shall be transferred to this any increment less than 100,000) from the carrying out the program through Sep- appropriation from the Postal Service and Employment Security Administration Ac- tember 30, 2002, for such Corporation: Pro- from any other corporation or instrumen- count of the Unemployment Trust Fund: Pro- vided, That not to exceed $11,690,000 shall be tality required under section 8147(c) of title vided further, That funds appropriated in this available for administrative expenses of the 5, United States Code, to pay an amount for Act which are used to establish a national Corporation: Provided further, That expenses its fair share of the cost of administration, one-stop career center system, or which are of such Corporation in connection with the such sums as the Secretary determines to be used to support the national activities of the termination of pension plans, for the acquisi- Federal-State unemployment insurance pro- the cost of administration for employees of tion, protection or management, and invest- such fair share entities through September grams, may be obligated in contracts, grants ment of trust assets, and for benefits admin- or agreements with non-State entities: Pro- 30, 2002: Provided further, That of those funds istration services shall be considered as non- transferred to this account from the fair vided further, That funds appropriated under administrative expenses for the purposes this Act for activities authorized under the share entities to pay the cost of administra- hereof, and excluded from the above limita- tion of the Federal Employees’ Compensa- Wagner-Peyser Act, as amended, and title III tion. of the Social Security Act, may be used by tion Act, $36,696,000 shall be made available EMPLOYMENT STANDARDS ADMINISTRATION the States to fund integrated Employment to the Secretary as follows: (1) for the oper- Service and Unemployment Insurance auto- SALARIES AND EXPENSES ation of and enhancement to the automated mation efforts, notwithstanding cost alloca- For necessary expenses for the Employ- data processing systems, including document tion principles prescribed under Office of ment Standards Administration, including imaging and conversion to a paperless office, Management and Budget Circular A–87: Pro- reimbursement to State, Federal, and local $24,522,000; (2) for medical bill review and vided further, That notwithstanding any agencies and their employees for inspection periodic roll management, $11,474,000; (3) for other provisions of law, the portion of the services rendered, $375,164,000, together with communications redesign, $700,000; and (4) funds received by the State of Mississippi in $1,981,000 which may be expended from the the remaining funds shall be paid into the Treasury as miscellaneous receipts: Provided the settlement of litigation with a con- Special Fund in accordance with sections further, That the Secretary may require that tractor relating to the acquisition of an 39(c), 44(d) and 44(j) of the Longshore and any person filing a notice of injury or a automated system for benefit payments Harbor Workers’ Compensation Act: Pro- claim for benefits under chapter 81 of title 5, under the unemployment compensation pro- vided, That $2,000,000 shall be for the develop- United States Code, or 33 U.S.C. 901 et seq., gram that is attributable to the expenditure ment of an alternative system for the elec- provide as part of such notice and claim, of Federal grant funds awarded to the State tronic submission of reports required to be such identifying information (including So- shall be transferred to the account under filed under the Labor-Management Report- cial Security account number) as such regu- this heading and shall be made available by ing and Disclosure Act of 1959, as amended, lations may prescribe. the Department of Labor to the State of Mis- and for a computer database of the informa- sissippi for obligation by the State through tion for each submission by whatever means, ENERGY EMPLOYEES OCCUPATIONAL ILLNESS fiscal year 2004 to carry out automation and that is indexed and easily searchable by the COMPENSATION FUND related activities under the unemployment public via the Internet: Provided further, (INCLUDING TRANSFER OF FUNDS) compensation program. That the Secretary of Labor is authorized to For necessary expenses to administer the accept, retain, and spend, until expended, in Energy Employees Occupational Illness ADVANCES TO THE UNEMPLOYMENT TRUST FUND the name of the Department of Labor, all Compensation Act, $136,000,000, to remain AND OTHER FUNDS sums of money ordered to be paid to the Sec- available until expended: Provided, That the For repayable advances to the Unemploy- retary of Labor, in accordance with the Secretary of Labor is authorized to transfer ment Trust Fund as authorized by sections terms of the Consent Judgment in Civil Ac- to any Executive agency with authority 905(d) and 1203 of the Social Security Act, as tion No. 91–0027 of the United States District under the Energy Employees Occupational amended, and to the Black Lung Disability Court for the District of the Northern Mar- Illness Compensation Act, including within Trust Fund as authorized by section iana Islands (May 21, 1992): Provided further, the Department of Labor, such sums as may 9501(c)(1) of the Internal Revenue Code of That the Secretary of Labor is authorized to be necessary in fiscal year 2002 to carry out 1954, as amended; and for nonrepayable ad- establish and, in accordance with 31 U.S.C. those authorities: Provided further, That the vances to the Unemployment Trust Fund as 3302, collect and deposit in the Treasury fees Secretary may require that any person filing authorized by section 8509 of title 5, United for processing applications and issuing cer- a claim for benefits under the Act provide as States Code, and to the ‘‘Federal unemploy- tificates under sections 11(d) and 14 of the part of such claim, such identifying informa- ment benefits and allowances’’ account, to Fair Labor Standards Act of 1938, as amend- tion (including Social Security account remain available until September 30, 2003, ed (29 U.S.C. 211(d) and 214) and for proc- number) as may be prescribed. $464,000,000. essing applications and issuing registrations BLACK LUNG DISABILITY TRUST FUND under title I of the Migrant and Seasonal Ag- (INCLUDING TRANSFER OF FUNDS) In addition, for making repayable advances ricultural Worker Protection Act (29 U.S.C. In fiscal year 2002, such sums as may be to the Black Lung Disability Trust Fund in 1801 et seq.). the current fiscal year after September 15, necessary from the Black Lung Disability SPECIAL BENEFITS 2002, for costs incurred by the Black Lung Trust Fund, to remain available until ex- Disability Trust Fund in the current fiscal (INCLUDING TRANSFER OF FUNDS) pended, for payment of all benefits author- year, such sums as may be necessary. For the payment of compensation, bene- ized by section 9501(d) (1), (2), (4), and (7), of fits, and expenses (except administrative ex- the Internal Revenue Code of 1954, as amend- PROGRAM ADMINISTRATION penses) accruing during the current or any ed; and interest on advances as authorized by For expenses of administering employment prior fiscal year authorized by title 5, chap- section 9501(c)(2) of that Act. In addition, the and training programs, $112,571,000, including ter 81 of the United States Code; continu- following amounts shall be available from $5,903,000 to administer welfare-to-work ation of benefits as provided for under the the Fund for fiscal year 2002 for expenses of grants, together with not to exceed heading ‘‘Civilian War Benefits’’ in the Fed- operation and administration of the Black $48,507,000, which may be expended from the eral Security Agency Appropriation Act, Lung Benefits program as authorized by sec- Employment Security Administration ac- 1947; the Employees’ Compensation Commis- tion 9501(d)(5) of that Act: $31,558,000 for count in the Unemployment Trust Fund. sion Appropriation Act, 1944; sections 4(c) transfer to the Employment Standards Ad- and 5(f) of the War Claims Act of 1948 (50 ministration, ‘‘Salaries and Expenses’’; PENSION AND WELFARE BENEFITS U.S.C. App. 2012); and 50 percent of the addi- $22,590,000 for transfer to Departmental Man- ADMINISTRATION tional compensation and benefits required by agement, ‘‘Salaries and Expenses’’; $328,000 section 10(h) of the Longshore and Harbor for transfer to Departmental Management, SALARIES AND EXPENSES Workers’ Compensation Act, as amended, ‘‘Office of Inspector General’’; and $356,000 For necessary expenses for the Pension and $121,000,000 together with such amounts as for payments into miscellaneous receipts for Welfare Benefits Administration, $112,418,000. may be necessary to be charged to the subse- the expenses of the Department of Treasury.

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OCCUPATIONAL SAFETY AND HEALTH MINE SAFETY AND HEALTH ADMINISTRATION Rules of Appellate Procedure: Provided fur- ADMINISTRATION SALARIES AND EXPENSES ther, That no funds made available by this SALARIES AND EXPENSES For necessary expenses for the Mine Safety Act may be used by the Secretary of Labor For necessary expenses for the Occupa- and Health Administration, $256,093,000, in- to review a decision under the Longshore and tional Safety and Health Administration, cluding purchase and bestowal of certificates Harbor Workers’ Compensation Act (33 $450,262,000, including not to exceed and trophies in connection with mine rescue U.S.C. 901 et seq.) that has been appealed and $92,119,000 which shall be the maximum and first-aid work, and the hire of passenger that has been pending before the Benefits amount available for grants to States under motor vehicles; including up to $1,000,000 for Review Board for more than 12 months: Pro- section 23(g) of the Occupational Safety and mine rescue and recovery activities, which vided further, That any such decision pending Health Act, which grants shall be no less shall be available only to the extent that fis- a review by the Benefits Review Board for than 50 percent of the costs of State occupa- cal year 2002 obligations for these activities more than 1 year shall be considered af- tional safety and health programs required exceed $1,000,000; in addition, not to exceed firmed by the Benefits Review Board on the to be incurred under plans approved by the $750,000 may be collected by the National 1-year anniversary of the filing of the appeal, Secretary under section 18 of the Occupa- Mine Health and Safety Academy for room, and shall be considered the final order of the tional Safety and Health Act of 1970; and, in board, tuition, and the sale of training mate- Board for purposes of obtaining a review in addition, notwithstanding 31 U.S.C. 3302, the rials, otherwise authorized by law to be col- the United States courts of appeals: Provided Occupational Safety and Health Administra- lected, to be available for mine safety and further, That these provisions shall not be tion may retain up to $750,000 per fiscal year health education and training activities, applicable to the review or appeal of any de- of training institute course tuition fees, oth- notwithstanding 31 U.S.C. 3302; and, in addi- cision issued under the Black Lung Benefits erwise authorized by law to be collected, and tion, the Mine Safety and Health Adminis- Act (30 U.S.C. 901 et seq.). may utilize such sums for occupational safe- tration may retain up to $1,000,000 from fees OFFICE OF DISABILITY EMPLOYMENT POLICY ty and health training and education grants: collected for the approval and certification Provided, That, notwithstanding 31 U.S.C. For necessary expenses of the Office of Dis- of equipment, materials, and explosives for 3302, the Secretary of Labor is authorized, ability Employment Policy to provide lead- use in mines, and may utilize such sums for during the fiscal year ending September 30, ership, develop policy and initiatives, and such activities; the Secretary is authorized 2002, to collect and retain fees for services award grants furthering the objective of provided to Nationally Recognized Testing to accept lands, buildings, equipment, and eliminating barriers to the training and em- Laboratories, and may utilize such sums, in other contributions from public and private ployment of people with disabilities, accordance with the provisions of 29 U.S.C. sources and to prosecute projects in coopera- $43,263,000, of which not to exceed $2,640,000 9a, to administer national and international tion with other agencies, Federal, State, or shall be for the President’s Task Force on laboratory recognition programs that ensure private; the Mine Safety and Health Admin- the Employment of Adults with Disabilities. istration is authorized to promote health the safety of equipment and products used by VETERANS EMPLOYMENT AND TRAINING and safety education and training in the workers in the workplace: Provided further, Not to exceed $186,903,000 may be derived That none of the funds appropriated under mining community through cooperative pro- grams with States, industry, and safety asso- from the Employment Security Administra- this paragraph shall be obligated or expended tion account in the Unemployment Trust to prescribe, issue, administer, or enforce ciations; and any funds available to the de- partment may be used, with the approval of Fund to carry out the provisions of 38 U.S.C. any standard, rule, regulation, or order 4100–4110A, 4212, 4214, and 4321–4327, and Pub- under the Occupational Safety and Health the Secretary, to provide for the costs of lic Law 103–353, and which shall be available Act of 1970 which is applicable to any person mine rescue and survival operations in the for obligation by the States through Decem- who is engaged in a farming operation which event of a major disaster. ber 31, 2002. To carry out the Stewart B. does not maintain a temporary labor camp BUREAU OF LABOR STATISTICS McKinney Homeless Assistance Act and sec- and employs 10 or fewer employees: Provided SALARIES AND EXPENSES tion 168 of the Workforce Investment Act of further, That no funds appropriated under For necessary expenses for the Bureau of this paragraph shall be obligated or expended 1998, $26,800,000, of which $7,800,000 shall be Labor Statistics, including advances or re- to administer or enforce any standard, rule, available for obligation for the period July 1, imbursements to State, Federal, and local regulation, or order under the Occupational 2002, through June 30, 2003. agencies and their employees for services Safety and Health Act of 1970 with respect to OFFICE OF INSPECTOR GENERAL rendered, $396,588,000, together with not to any employer of 10 or fewer employees who is exceed $69,132,000, which may be expended For salaries and expenses of the Office of included within a category having an occu- from the Employment Security Administra- Inspector General in carrying out the provi- pational injury lost workday case rate, at tion account in the Unemployment Trust sions of the Inspector General Act of 1978, as the most precise Standard Industrial Classi- Fund; and $10,280,000 which shall be available amended, $52,182,000, together with not to ex- fication Code for which such data are pub- for obligation for the period July 1, 2002 ceed $4,951,000, which may be expended from lished, less than the national average rate as the Employment Security Administration such rates are most recently published by through June 30, 2003, for Occupational Em- ployment Statistics. account in the Unemployment Trust Fund. the Secretary, acting through the Bureau of GENERAL PROVISIONS Labor Statistics, in accordance with section DEPARTMENTAL MANAGEMENT 24 of that Act (29 U.S.C. 673), except— SALARIES AND EXPENSES SEC. 101. None of the funds appropriated in (1) to provide, as authorized by such Act, For necessary expenses for Departmental this title for the Job Corps shall be used to consultation, technical assistance, edu- Management, including the hire of three se- pay the compensation of an individual, ei- cational and training services, and to con- dans, and including the management or oper- ther as direct costs or any proration as an duct surveys and studies; ation, through contracts, grants or other ar- indirect cost, at a rate in excess of Executive (2) to conduct an inspection or investiga- rangements of Departmental bilateral and Level II. tion in response to an employee complaint, multilateral foreign technical assistance, (TRANSFER OF FUNDS) to issue a citation for violations found dur- and $37,000,000 for the acquisition of Depart- SEC. 102. Not to exceed 1 percent of any dis- ing such inspection, and to assess a penalty mental information technology, architec- cretionary funds (pursuant to the Balanced for violations which are not corrected within ture, infrastructure, equipment, software Budget and Emergency Deficit Control Act a reasonable abatement period and for any and related needs which will be allocated by of 1985, as amended) which are appropriated willful violations found; the Department’s Chief Information Officer for the current fiscal year for the Depart- (3) to take any action authorized by such in accordance with the Department’s capital ment of Labor in this Act may be transferred Act with respect to imminent dangers; investment management process to assure a between appropriations, but no such appro- (4) to take any action authorized by such sound investment strategy; $361,524,000; to- priation shall be increased by more than 3 Act with respect to health hazards; gether with not to exceed $310,000, which percent by any such transfer: Provided, That (5) to take any action authorized by such may be expended from the Employment Se- the Appropriations Committees of both Act with respect to a report of an employ- curity Administration account in the Unem- Houses of Congress are notified at least 15 ment accident which is fatal to one or more ployment Trust Fund: Provided, That no days in advance of any transfer. employees or which results in hospitaliza- funds made available by this Act may be This title may be cited as the ‘‘Department tion of two or more employees, and to take used by the Solicitor of Labor to participate of Labor Appropriations Act, 2002’’. any action pursuant to such investigation in a review in any United States court of ap- TITLE II—DEPARTMENT OF HEALTH AND authorized by such Act; and peals of any decision made by the Benefits HUMAN SERVICES (6) to take any action authorized by such Review Board under section 21 of the HEALTH RESOURCES AND SERVICES Act with respect to complaints of discrimi- Longshore and Harbor Workers’ Compensa- ADMINISTRATION nation against employees for exercising tion Act (33 U.S.C. 921) where such participa- rights under such Act: tion is precluded by the decision of the HEALTH RESOURCES AND SERVICES Provided further, That the foregoing proviso United States Supreme Court in Director, For carrying out titles II, III, VII, VIII, X, shall not apply to any person who is engaged Office of Workers’ Compensation Programs XII, XIX, and XXVI of the Public Health in a farming operation which does not main- v. Newport News Shipbuilding, 115 S. Ct. 1278 Service Act, section 427(a) of the Federal tain a temporary labor camp and employs 10 (1995), notwithstanding any provisions to the Coal Mine Health and Safety Act, title V and or fewer employees. contrary contained in Rule 15 of the Federal sections 1128E and 1820 of the Social Security

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Act, the Health Care Quality Improvement evaluations may not exceed 3.5 percent of NATIONAL INSTITUTE OF DENTAL AND Act of 1986, as amended, the Native Hawaiian such amount. CRANIOFACIAL RESEARCH Health Care Act of 1988, as amended, the Car- HEALTH EDUCATION ASSISTANCE LOANS For carrying out section 301 and title IV of diac Arrest Survival Act of 2000, and the Poi- PROGRAM ACCOUNT the Public Health Service Act with respect son Control Center Enhancement and Aware- Such sums as may be necessary to carry to dental disease, $348,767,000. ness Act, $5,488,843,000, of which $10,000,000 out the purpose of the program, as author- NATIONAL INSTITUTE OF DIABETES AND shall be available for construction and ren- ized by title VII of the Public Health Service DIGESTIVE AND KIDNEY DISEASES ovation of health care and other facilities, Act, as amended. For administrative ex- For carrying out section 301 and title IV of and of which $25,000,000 from general reve- penses to carry out the guaranteed loan pro- nues, notwithstanding section 1820(j) of the the Public Health Service Act with respect gram, including section 709 of the Public to diabetes and digestive and kidney disease, Social Security Act, shall be available for Health Service Act, $3,792,000. carrying out the Medicare rural hospital $1,501,476,000. VACCINE INJURY COMPENSATION PROGRAM flexibility grants program under section 1820 NATIONAL INSTITUTE OF NEUROLOGICAL TRUST FUND of such Act: Provided, That the Division of DISORDERS AND STROKE Federal Occupational Health may utilize For payments from the Vaccine Injury For carrying out section 301 and title IV of personal services contracting to employ pro- Compensation Program Trust Fund, such the Public Health Service Act with respect fessional management/administrative and sums as may be necessary for claims associ- to neurological disorders and stroke, occupational health professionals: Provided ated with vaccine-related injury or death $1,352,055,000. with respect to vaccines administered after further, That of the funds made available NATIONAL INSTITUTE OF ALLERGY AND September 30, 1988, pursuant to subtitle 2 of under this heading, $250,000 shall be available INFECTIOUS DISEASES until expended for facilities renovations at title XXI of the Public Health Service Act, to remain available until expended: Provided, For carrying out section 301 and title IV of the Gillis W. Long Hansen’s Disease Center: the Public Health Service Act with respect Provided further, That in addition to fees au- That for necessary administrative expenses, not to exceed $2,992,000 shall be available to allergy and infectious diseases, thorized by section 427(b) of the Health Care $2,375,836,000. Quality Improvement Act of 1986, fees shall from the Trust Fund to the Secretary of be collected for the full disclosure of infor- Health and Human Services. NATIONAL INSTITUTE OF GENERAL MEDICAL mation under the Act sufficient to recover CENTERS FOR DISEASE CONTROL AND SCIENCES the full costs of operating the National Prac- PREVENTION For carrying out section 301 and title IV of titioner Data Bank, and shall remain avail- DISEASE CONTROL, RESEARCH, AND TRAINING the Public Health Service Act with respect able until expended to carry out that Act: To carry out titles II, III, VII, XI, XV, to general medical sciences, $1,753,465,000. Provided further, That fees collected for the XVII, XIX and XXVI of the Public Health NATIONAL INSTITUTE OF CHILD HEALTH AND full disclosure of information under the Service Act, sections 101, 102, 103, 201, 202, HUMAN DEVELOPMENT ‘‘Health Care Fraud and Abuse Data Collec- 203, 301, and 501 of the Federal Mine Safety For carrying out section 301 and title IV of tion Program,’’ authorized by section and Health Act of 1977, sections 20, 21, and 22 the Public Health Service Act with respect 1128E(d)(2) of the Social Security Act, shall of the Occupational Safety and Health Act, to child health and human development, be sufficient to recover the full costs of oper- of 1970, title IV of the Immigration and Na- $1,123,692,000. ating the program, and shall remain avail- tionality Act and section 501 of the Refugee NATIONAL EYE INSTITUTE able until expended to carry out that Act: Education Assistance Act of 1980; including Provided further, That no more than $5,000,000 For carrying out section 301 and title IV of insurance of official motor vehicles in for- the Public Health Service Act with respect is available for carrying out the provisions of eign countries; and hire, maintenance, and Public Law 104–73: Provided further, That of to eye diseases and visual disorders, operation of aircraft, $4,418,910,000, of which $614,000,000. the funds made available under this heading, $250,000,000 shall remain available until ex- $266,000,000 shall be for the program under pended for equipment and construction and NATIONAL INSTITUTE OF ENVIRONMENTAL title X of the Public Health Service Act to renovation of facilities, and in addition, such HEALTH SCIENCES provide for voluntary family planning sums as may be derived from authorized user For carrying out sections 301 and 311 and projects: Provided further, That amounts pro- fees, which shall be credited to this account, title IV of the Public Health Service Act vided to said projects under such title shall of which $52,000,000 shall remain available with respect to environmental health not be expended for abortions, that all preg- until expended for the National Pharma- sciences, $585,946,000. nancy counseling shall be nondirective, and ceutical Stockpile, and of which $154,527,000 NATIONAL INSTITUTE ON AGING that such amounts shall not be expended for for international HIV/AIDS programs shall For carrying out section 301 and title IV of any activity (including the publication or remain available until September 30, 2003: the Public Health Service Act with respect distribution of literature) that in any way Provided, That $126,978,000 shall be available to aging, $909,174,000. tends to promote public support or opposi- to carry out the National Center for Health NATIONAL INSTITUTE OF ARTHRITIS AND tion to any legislative proposal or candidate Statistics Surveys: Provided further, That MUSCULOSKELETAL AND SKIN DISEASES for public office: Provided further, That none of the funds made available for injury $610,000,000 shall be for State AIDS Drug As- prevention and control at the Centers for For carrying out section 301 and title IV of sistance Programs authorized by section 2616 Disease Control and Prevention may be used the Public Health Service Act with respect of the Public Health Service Act. to advocate or promote gun control: Provided to arthritis and musculoskeletal and skin For special projects of regional and na- further, That the Director may redirect the diseases, $460,202,000. tional significance under section 501(a)(2) of total amount made available under author- NATIONAL INSTITUTE ON DEAFNESS AND OTHER the Social Security Act, $30,000,000, which ity of Public Law 101–502, section 3, dated COMMUNICATION DISORDERS shall become available on October 1, 2002, November 3, 1990, to activities the Director For carrying out section 301 and title IV of and shall remain available until September may so designate: Provided further, That the the Public Health Service Act with respect 30, 2003: Provided, That such amount shall Congress is to be notified promptly of any to deafness and other communication dis- not be counted toward compliance with the such transfer: Provided further, That not to orders, $349,983,000. allocation required in section 502(a)(1) of exceed $10,000,000 may be available for mak- NATIONAL INSTITUTE OF NURSING RESEARCH such Act: Provided further, That such amount ing grants under section 1509 of the Public For carrying out section 301 and title IV of shall be used only for making competitive Health Service Act to not more than 15 grants to provide abstinence education (as the Public Health Service Act with respect States: Provided further, That notwith- to nursing research, $125,659,000. defined in section 510(b)(2) of such Act) to standing any other provision of law, a single NATIONAL INSTITUTE ON ALCOHOL ABUSE AND adolescents and for evaluations (including contract or related contracts for develop- ALCOHOLISM longitudinal evaluations) of activities under ment and construction of facilities may be the grants and for Federal costs of admin- employed which collectively include the full For carrying out section 301 and title IV of istering the grants: Provided further, That scope of the project: Provided further, That the Public Health Service Act with respect grants shall be made only to public and pri- the solicitation and contract shall contain to alcohol abuse and alcoholism, $390,761,000. vate entities which agree that, with respect the clause ‘‘availability of funds’’ found at 48 NATIONAL INSTITUTE ON DRUG ABUSE to an adolescent to whom the entities pro- CFR 52.232–18. For carrying out section 301 and title IV of vide abstinence education under such grant, NATIONAL INSTITUTES OF HEALTH the Public Health Service Act with respect the entities will not provide to that adoles- NATIONAL CANCER INSTITUTE to drug abuse, $902,000,000. cent any other education regarding sexual NATIONAL INSTITUTE OF MENTAL HEALTH conduct, except that, in the case of an entity For carrying out section 301 and title IV of expressly required by law to provide health the Public Health Service Act with respect For carrying out section 301 and title IV of information or services the adolescent shall to cancer, $4,258,516,000. the Public Health Service Act with respect not be precluded from seeking health infor- NATIONAL HEART, LUNG, AND BLOOD INSTITUTE to mental health, $1,279,383,000. mation or services from the entity in a dif- For carrying out section 301 and title IV of NATIONAL HUMAN GENOME RESEARCH INSTITUTE ferent setting than the setting in which the the Public Health Service Act with respect For carrying out section 301 and title IV of abstinence education was provided: Provided to cardiovascular, lung, and blood diseases, the Public Health Service Act with respect further, That the funds expended for such and blood and blood products, $2,618,966,000. to human genome research, $440,448,000.

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NATIONAL INSTITUTE FOR BIOMEDICAL IMAGING cluding the acquisition of real property, with section 353 of the Public Health Service AND BIOENGINEERING $306,600,000, to remain available until ex- Act, section 1857(e)(2) of the Social Security For carrying out section 301 and title IV of pended, of which $26,000,000 shall be for the Act, and such sums as may be collected from the Public Health Service Act with respect John Edward Porter Neuroscience Research authorized user fees and the sale of data, to biomedical imaging and bioengineering Center and of which $53,000,000 shall be for which shall remain available until expended, research, $140,000,000. the animal vivarium: Provided, That not- and together with administrative fees col- withstanding any other provision of law, a lected relative to Medicare overpayment re- NATIONAL CENTER FOR RESEARCH RESOURCES single contract or related contracts for the covery activities, which shall remain avail- For carrying out section 301 and title IV of development and construction of the first able until expended: Provided, That all funds the Public Health Service Act with respect phase of the National Neuroscience Research derived in accordance with 31 U.S.C. 9701 to research resources and general research Center may be employed which collectively from organizations established under title support grants, $1,014,044,000: Provided, That include the full scope of the project: Provided XIII of the Public Health Service Act shall none of these funds shall be used to pay re- further, That the solicitation and contract be credited to and available for carrying out cipients of the general research support shall contain the clause ‘‘availability of the purposes of this appropriation: Provided grants program any amount for indirect ex- funds’’ found at 48 CFR 52.232–18. further, That $18,200,000 appropriated under penses in connection with such grants: Pro- this heading for the managed care system re- vided further, That $125,000,000 shall be for ex- SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION design shall remain available until expended: tramural facilities construction grants. Provided further, That the Secretary of SUBSTANCE ABUSE AND MENTAL HEALTH NATIONAL CENTER FOR COMPLEMENTARY AND Health and Human Services is directed to SERVICES ALTERNATIVE MEDICINE collect fees in fiscal year 2002 from Medi- For carrying out section 301 and title IV of For carrying out titles V and XIX of the care∂Choice organizations pursuant to sec- the Public Health Service Act with respect Public Health Service Act with respect to tion 1857(e)(2) of the Social Security Act and to complementary and alternative medicine, substance abuse and mental health services, from eligible organizations with risk-sharing $110,000,000. the Protection and Advocacy for Mentally Ill contracts under section 1876 of that Act pur- Individuals Act of 1986, and section 301 of the NATIONAL CENTER ON MINORITY HEALTH AND suant to section 1876(k)(4)(D) of that Act. Public Health Service Act with respect to HEALTH DISPARITIES HEALTH MAINTENANCE ORGANIZATION LOAN AND program management, $3,073,456,000. For carrying out section 301 and title IV of LOAN GUARANTEE FUND the Public Health Service Act with respect AGENCY FOR HEALTHCARE RESEARCH AND For carrying out subsections (d) and (e) of to minority health and health disparities re- QUALITY section 1308 of the Public Health Service Act, search, $158,421,000. HEALTHCARE RESEARCH AND QUALITY any amounts received by the Secretary in JOHN E. FOGARTY INTERNATIONAL CENTER For carrying out titles III and IX of the connection with loans and loan guarantees For carrying out the activities at the John Public Health Service Act, $291,245,000, to- under title XIII of the Public Health Service E. Fogarty International Center, $57,874,000. gether with amounts received from Freedom Act, to be available without fiscal year limi- of Information Act fees, reimbursable and tation for the payment of outstanding obli- NATIONAL LIBRARY OF MEDICINE interagency agreements, and the sale of gations. During fiscal year 2002, no commit- For carrying out section 301 and title IV of data, which shall be credited to this appro- ments for direct loans or loan guarantees the Public Health Service Act with respect priation and shall remain available until ex- shall be made. to health information communications, pended. ADMINISTRATION FOR CHILDREN AND FAMILIES $281,584,000, of which $4,000,000 shall be avail- CENTER FOR MEDICARE AND MEDICAID able until expended for improvement of in- PAYMENTS TO STATES FOR CHILD SUPPORT SERVICES formation systems: Provided, That in fiscal ENFORCEMENT AND FAMILY SUPPORT PROGRAMS year 2002, the Library may enter into per- GRANTS TO STATES FOR MEDICAID For making payments to States or other sonal services contracts for the provision of For carrying out, except as otherwise pro- non-Federal entities under titles I, IV–D, X, services in facilities owned, operated, or con- vided, titles XI and XIX of the Social Secu- XI, XIV, and XVI of the Social Security Act structed under the jurisdiction of the Na- rity Act, $106,821,882,000, to remain available and the Act of July 5, 1960 (24 U.S.C. ch. 9), tional Institutes of Health. until expended. $2,447,800,000, to remain available until ex- pended; and for such purposes for the first OFFICE OF THE DIRECTOR For making, after May 31, 2002, payments quarter of fiscal year 2003, $1,100,000,000, to (INCLUDING TRANSFER OF FUNDS) to States under title XIX of the Social Secu- rity Act for the last quarter of fiscal year remain available until expended. For carrying out the responsibilities of the 2002 for unanticipated costs, incurred for the For making payments to each State for Office of the Director, National Institutes of current fiscal year, such sums as may be nec- carrying out the program of Aid to Families Health, $236,408,000: Provided, That funding essary. with Dependent Children under title IV–A of shall be available for the purchase of not to For making payments to States or in the the Social Security Act before the effective exceed 29 passenger motor vehicles for re- case of section 1928 on behalf of States under date of the program of Temporary Assistance placement only: Provided further, That the title XIX of the Social Security Act for the to Needy Families (TANF) with respect to Director may direct up to 1 percent of the first quarter of fiscal year 2003, such State, such sums as may be necessary: total amount made available in this or any $46,601,937,000, to remain available until ex- Provided, That the sum of the amounts avail- other Act to all National Institutes of pended. able to a State with respect to expenditures Health appropriations to activities the Di- Payment under title XIX may be made for under such title IV–A in fiscal year 1997 rector may so designate: Provided further, any quarter with respect to a State plan or under this appropriation and under such title That no such appropriation shall be de- plan amendment in effect during such quar- IV–A as amended by the Personal Responsi- creased by more than 1 percent by any such ter, if submitted in or prior to such quarter bility and Work Opportunity Reconciliation transfers and that the Congress is promptly and approved in that or any subsequent quar- Act of 1996 shall not exceed the limitations notified of the transfer: Provided further, ter. under section 116(b) of such Act. That the National Institutes of Health is au- For making, after May 31 of the current thorized to collect third party payments for PAYMENTS TO HEALTH CARE TRUST FUNDS fiscal year, payments to States or other non- the cost of clinical services that are incurred For payment to the Federal Hospital In- Federal entities under titles I, IV–D, X, XI, in National Institutes of Health research fa- surance and the Federal Supplementary XIV, and XVI of the Social Security Act and cilities and that such payments shall be Medical Insurance Trust Funds, as provided the Act of July 5, 1960 (24 U.S.C. ch. 9), for credited to the National Institutes of Health under section 1844 of the Social Security Act, the last 3 months of the current fiscal year Management Fund: Provided further, That all sections 103(c) and 111(d) of the Social Secu- for unanticipated costs, incurred for the cur- funds credited to the National Institutes of rity Amendments of 1965, section 278(d) of rent fiscal year, such sums as may be nec- Health Management Fund shall remain Public Law 97–248, and for administrative ex- essary. available for one fiscal year after the fiscal penses incurred pursuant to section 201(g) of LOW INCOME HOME ENERGY ASSISTANCE year in which they are deposited: Provided the Social Security Act, $81,994,200,000. For making payments under title XXVI of further, That up to $500,000 shall be available PROGRAM MANAGEMENT the Omnibus Budget Reconciliation Act of to carry out section 499 of the Public Health For carrying out, except as otherwise pro- 1981, $1,700,000,000. Service Act: Provided further, That, notwith- vided, titles XI, XVIII, XIX, and XXI of the For making payments under title XXVI of standing section 499(k)(10) of the Public Social Security Act, titles XIII and XXVII of the Omnibus Budget Reconciliation Act of Health Service Act, funds from the Founda- the Public Health Service Act, and the Clin- 1981, $300,000,000: Provided, That these funds tion for the National Institutes of Health ical Laboratory Improvement Amendments are hereby designated by the Congress to be may be transferred to the National Insti- of 1988, not to exceed $2,464,658,000, to be emergency requirements pursuant to section tutes of Health. transferred from the Federal Hospital Insur- 251(b)(2)(A) of the Balanced Budget and BUILDINGS AND FACILITIES ance and the Federal Supplementary Medical Emergency Deficit Control Act of 1985: Pro- For the study of, construction of, and ac- Insurance Trust Funds, as authorized by sec- vided further, That these funds shall be made quisition of equipment for, facilities of or tion 201(g) of the Social Security Act; to- available only after submission to the Con- used by the National Institutes of Health, in- gether with all funds collected in accordance gress of an official budget request by the

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President that includes designation of the of Public Law 100–485, $8,592,496,000, of which OFFICE OF THE SECRETARY entire amount of the request as an emer- $43,000,000, to remain available until Sep- GENERAL DEPARTMENTAL MANAGEMENT gency requirement as defined in such Act. tember 30, 2003, shall be for grants to States For necessary expenses, not otherwise pro- REFUGEE AND ENTRANT ASSISTANCE for adoption incentive payments, as author- vided, for general departmental manage- ized by section 473A of title IV of the Social For making payments for refugee and en- ment, including hire of six sedans, and for Security Act (42 U.S.C. 670–679) and may be trant assistance activities authorized by carrying out titles III, XVII, and XX of the made for adoptions completed in fiscal years title IV of the Immigration and Nationality Public Health Service Act, and the United 2000 and 2001; of which $765,304,000 shall be for Act and section 501 of the Refugee Education States-Mexico Border Health Commission making payments under the Community Assistance Act of 1980 (Public Law 96–422), Act, $416,361,000, together with $5,851,000, to Services Block Grant Act; and of which $435,224,000 to remain available through Sep- be transferred and expended as authorized by $6,600,000,000 shall be for making payments tember 30, 2004: Provided, That up to section 201(g)(1) of the Social Security Act under the Head Start Act, of which $10,000,000 is available to carry out the Traf- from the Hospital Insurance Trust Fund and $1,400,000,000 shall become available October ficking Victims Protection Act of 2000. the Supplemental Medical Insurance Trust 1, 2002 and remain available through Sep- For carrying out section 5 of the Torture Fund: Provided, That of the funds made tember 30, 2003: Provided, That to the extent Victims Relief Act of 1998 (Public Law 105– available under this heading for carrying out Community Services Block Grant funds are 320), $10,000,000. title XX of the Public Health Service Act, distributed as grant funds by a State to an $11,885,000 shall be for activities specified PAYMENTS TO STATES FOR THE CHILD CARE AND eligible entity as provided under the Act, under section 2003(b)(2), of which $10,157,000 DEVELOPMENT BLOCK GRANT and have not been expended by such entity, shall be for prevention service demonstra- For carrying out sections 658A through they shall remain with such entity for carry- tion grants under section 510(b)(2) of title V 658R of the Omnibus Budget Reconciliation over into the next fiscal year for expenditure of the Social Security Act, as amended, Act of 1981 (The Child Care and Development by such entity consistent with program pur- without application of the limitation of sec- Block Grant Act of 1990), $2,000,000,000 shall poses: Provided further, That all eligible enti- tion 2010(c) of said title XX: Provided further, be used to supplement, not supplant state ties currently in good standing in the Com- That of this amount, $68,700,000 shall be general revenue funds for child care assist- munity Services Block Grant program shall available to support activities to counter po- ance for low-income families: Provided, That receive an increase in funding proportionate tential biological disease, and chemical $19,120,000 shall be available for child care re- to the increase provided in this Act for the threats to civilian populations; $50,000,000 is source and referral and school-aged child Community Services Block Grant: Provided for minority AIDS prevention and treatment care activities, of which $1,000,000 shall be for further, That $105,133,000 shall be for activi- activities; and $15,000,000 shall be for an In- the Child Care Aware toll free hotline: Pro- ties authorized by the Runaway and Home- formation Technology Security and Innova- vided further, That, in addition to the less Youth Act, notwithstanding the alloca- tion Fund for department-wide activities in- amounts required to be reserved by the tion requirements of section 388(a) of such volving cybersecurity, information tech- States under section 658G, $272,672,000 shall Act, of which $33,000,000 is for Maternity nology security, and related innovation be reserved by the States for activities au- Group Homes: Provided further, That projects. thorized under section 658G, of which $89,000,000 is for a compassion capital fund to OFFICE OF INSPECTOR GENERAL $100,000,000 shall be for activities that im- provide grants to charitable organizations to prove the quality of infant and toddler child emulate model social service programs and For expenses necessary for the Office of In- care: Provided further, That $10,000,000 shall to encourage research on the best practices spector General, including the hire of pas- be for use by the Secretary for child care re- of social service organizations: Provided fur- senger motor vehicles for investigations, in search, demonstration, and evaluation ac- ther, That the Secretary shall establish pro- carrying out the provisions of the Inspector tivities. cedures regarding the disposition of intan- General Act of 1978, as amended, $35,786,000: Provided, That of such amount, necessary SOCIAL SERVICES BLOCK GRANT gible property which permits grant funds, or intangible assets acquired with funds author- sums are available for providing protective For making grants to States pursuant to ized under section 680 of the Community services to the Secretary and investigating section 2002 of the Social Security Act, Services Block Grant Act, as amended, to be- non-payment of child support cases for which $1,700,000,000: Provided, That notwithstanding come the sole property of such grantees after non-payment is a Federal offense under 18 paragraph (B) of section 404(d)(2) of such Act, a period of not more than 12 years after the U.S.C. 228, each of which activities is hereby the applicable percent specified under such end of the grant for purposes and uses con- authorized in this and subsequent fiscal subparagraph for a State to carry out State sistent with the original grant: Provided fur- years. programs pursuant to title XX of such Act ther, That funds appropriated for section OFFICE FOR CIVIL RIGHTS shall be 5.9 percent. 680(a)(2) of the Community Services Block For expenses necessary for the Office for CHILDREN AND FAMILIES SERVICES PROGRAMS Grant Act, as amended, shall be available for Civil Rights, $28,691,000, together with not to (INCLUDING RESCISSIONS) financing construction and rehabilitation exceed $3,314,000, to be transferred and ex- For carrying out, except as otherwise pro- and loans or investments in private business pended as authorized by section 201(g)(1) of vided, the Runaway and Homeless Youth enterprises owned by community develop- the Social Security Act from the Hospital Act, the Developmental Disabilities Assist- ment corporations. Insurance Trust Fund and the Supplemental ance and Bill of Rights Act, the Head Start Funds appropriated for fiscal year 2002 Medical Insurance Trust Fund. Act, the Child Abuse Prevention and Treat- under section 429A(e), part B of title IV of POLICY RESEARCH the Social Security Act shall be reduced by ment Act, sections 310 and 316 of the Family For carrying out, to the extent not other- $6,000,000. Violence Prevention and Services Act, as wise provided, research studies under section amended, the Native American Programs Funds appropriated for fiscal year 2002 1110 of the Social Security Act and title III Act of 1974, title II of Public Law 95–266 under section 413(h)(1) of the Social Security of the Public Health Service Act, $20,500,000. (adoption opportunities), the Adoption and Act shall be reduced by $15,000,000. RETIREMENT PAY AND MEDICAL BENEFITS FOR Safe Families Act of 1997 (Public Law 105–89), PROMOTING SAFE AND STABLE FAMILIES COMMISSIONED OFFICERS sections 1201 and 1211 of the Children’s For carrying out section 430 of the Social Health Act of 2000, the Abandoned Infants For retirement pay and medical benefits of Security Act, $305,000,000. Assistance Act of 1988, the Early Learning Public Health Service Commissioned Officers Opportunities Act, part B(1) of title IV and PAYMENTS TO STATES FOR FOSTER CARE AND as authorized by law, for payments under the sections 413, 429A, 1110, and 1115 of the Social ADOPTION ASSISTANCE Retired Serviceman’s Family Protection Security Act, and sections 40155, 40211, and For making payments to States or other Plan and Survivor Benefit Plan, for medical 40241 of Public Law 103–322; for making pay- non-Federal entities under title IV–E of the care of dependents and retired personnel ments under the Community Services Block Social Security Act, $4,885,200,000. under the Dependents’ Medical Care Act (10 U.S.C. ch. 55), and for payments pursuant to Grant Act, section 473A of the Social Secu- For making payments to States or other section 229(b) of the Social Security Act (42 rity Act, and title IV of Public Law 105–285, non-Federal entities under title IV–E of the U.S.C. 429(b)), such amounts as may be re- and for necessary administrative expenses to Social Security Act, for the first quarter of quired during the current fiscal year. carry out said Acts and titles I, IV, X, XI, fiscal year 2003, $1,754,000,000. XIV, XVI, and XX of the Social Security Act, GENERAL PROVISIONS ADMINISTRATION ON AGING the Act of July 5, 1960 (24 U.S.C. ch. 9), the SEC. 201. Funds appropriated in this title Omnibus Budget Reconciliation Act of 1981, AGING SERVICES PROGRAMS shall be available for not to exceed $37,000 for title IV of the Immigration and Nationality For carrying out, to the extent not other- official reception and representation ex- Act, section 501 of the Refugee Education As- wise provided, the Older Americans Act of penses when specifically approved by the sistance Act of 1980, section 5 of the Torture 1965, as amended, and section 398 of the Pub- Secretary. Victims Relief Act of 1998 (Public Law 105– lic Health Service Act, $1,209,756,000, of SEC. 202. The Secretary shall make avail- 320), sections 40155, 40211, and 40241 of Public which $5,000,000 shall be available for activi- able through assignment not more than 60 Law 103–322, sections 310 and 316 of the Fam- ties regarding medication management, employees of the Public Health Service to ily Violence Prevention and Services Act, as screening, and education to prevent incor- assist in child survival activities and to amended, and section 126 and titles IV and V rect medication and adverse drug reactions. work in AIDS programs through and with

VerDate Mar 15 2010 04:06 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 October 30, 2001 CONGRESSIONAL RECORD — SENATE S11223 funds provided by the Agency for Inter- otherwise eligible entity (including a Pro- (1) utilize the authorities contained in sub- national Development, the United Nations vider Sponsored Organization) because the section 2(c) of the State Department Basic International Children’s Emergency Fund or entity informs the Secretary that it will not Authorities Act of 1956, as amended, and the World Health Organization. provide, pay for, provide coverage of, or pro- (2) utilize the authorities contained in 22 SEC. 203. None of the funds appropriated vide referrals for abortions: Provided, That U.S.C. sections 291 and 292 and directly or under this Act may be used to implement the Secretary shall make appropriate pro- through contract or cooperative agreement section 399F(b) of the Public Health Service spective adjustments to the capitation pay- to lease, alter or renovate facilities in for- Act or section 1503 of the National Institutes ment to such an entity (based on an actuari- eign countries, to carry out programs sup- of Health Revitalization Act of 1993, Public ally sound estimate of the expected costs of ported by this appropriation notwith- Law 103–43. providing the service to such entity’s enroll- standing PHS Act section 307. SEC. 204. None of the funds appropriated in ees): Provided further, That nothing in this In exercising the authority set forth in (1) this Act for the National Institutes of Health section shall be construed to change the and (2), the Secretary of Health and Human and the Substance Abuse and Mental Health Medicare program’s coverage for such serv- Services shall consult with the Department Services Administration shall be used to pay ices and a Medicare+Choice organization de- of State to assure that planned activities are the salary of an individual, through a grant scribed in this section shall be responsible within the legal strictures of the State De- or other extramural mechanism, at a rate in for informing enrollees where to obtain in- partment Basic Authorities Act of 1956, as excess of Executive Level I. formation about all Medicare covered serv- amended, and other applicable parts of SEC. 205. None of the funds appropriated in ices. U.S.C. Title 22. this Act may be expended pursuant to sec- SEC. 212. Notwithstanding any other provi- SEC. 216. Notwithstanding any other provi- tion 241 of the Public Health Service Act, ex- sion of law, no provider of services under sion of law relating to vacancies in offices cept for funds specifically provided for in title X of the Public Health Service Act shall for which appointments must be made by the this Act, or for other taps and assessments be exempt from any State law requiring no- President, including any time limitation on made by any office located in the Depart- tification or the reporting of child abuse, serving in an acting capacity, the Acting Di- ment of Health and Human Services, prior to child molestation, sexual abuse, rape, or in- rector of the National Institutes of Health as the Secretary’s preparation and submission cest. of January 12, 2000, may serve in that posi- SEC. 213. The Foreign Operations, Export of a report to the Committee on Appropria- tion until a new Director of the National In- Financing, and Related Programs Appropria- tions of the Senate and of the House detail- stitutes of Health is confirmed by the Sen- tions Act, 1990 (Public Law 101–167) is amend- ing the planned uses of such funds. ate. ed— SEC. 217. The following amounts, appro- SEC. 206. Notwithstanding section 241(a) of (1) in section 599D (8 U.S.C. 1157 note)— the Public Health Service Act, such portion priated in this title, shall be transferred to (A) in subsection (b)(3), by striking ‘‘1997, as the Secretary shall determine, but not International Assistance Programs, ‘‘Global 1998, 1999, 2000, and 2001’’ and inserting ‘‘1997, Fund to Fight HIV/AIDS, Malaria, and Tu- more than 2 percent, of any amounts appro- 1998, 1999, 2000, 2001, and 2002’’; and berculosis’’, to remain available until ex- priated for programs authorized under the (B) in subsection (e), by striking ‘‘October pended: from National Institutes of Health, PHS Act and other Acts shall be made avail- 1, 2001’’ each place it appears and inserting ‘‘National Institute of Allergy and Infectious able for the evaluation (directly, or by ‘‘October 1, 2002’’; and Diseases’’, $25,000,000; from National Insti- grants or contracts) of the implementation (2) in section 599E (8 U.S.C. 1255 note) in tutes of Health, ‘‘Buildings and Facilities’’, and effectiveness of such programs. subsection (b)(2), by striking ‘‘September 30, $70,000,000; and from Departmental Manage- (TRANSFER OF FUNDS) 2001’’ and inserting ‘‘September 30, 2002’’. ment, ‘‘General Departmental Manage- SEC. 207. Not to exceed 1 percent of any dis- SEC. 214. (a) Except as provided by sub- ment’’, $5,000,000. cretionary funds (pursuant to the Balanced section (e) none of the funds appropriated by This title may be cited as the ‘‘Department Budget and Emergency Deficit Control Act this Act may be used to withhold substance of Health and Human Services Appropria- of 1985, as amended) which are appropriated abuse funding from a State pursuant to sec- tions Act, 2002’’. for the current fiscal year for the Depart- tion 1926 of the Public Health Service Act (42 TITLE III—DEPARTMENT OF EDUCATION ment of Health and Human Services in this U.S.C. 300x–26) if such State certifies to the EDUCATION FOR THE DISADVANTAGED Secretary of Health and Human Services by Act may be transferred between appropria- For carrying out title I of the Elementary May 1, 2002 that the State will commit addi- tions, but no such appropriation shall be in- and Secondary Education Act of 1965 as tional State funds, in accordance with sub- creased by more than 3 percent by any such amended by H.R. 1 as passed by the Senate section (b), to ensure compliance with State transfer: Provided, That the Appropriations on June 14, 2001 (‘‘ESEA’’); the McKinney- laws prohibiting the sale of tobacco products Committees of both Houses of Congress are Vento Homeless Assistance Act; and section to individuals under 18 years of age. notified at least 15 days in advance of any 418A of the Higher Education Act of 1965, (b) The amount of funds to be committed transfer. $11,879,900,000, of which $4,104,200,000 shall be- by a State under subsection (a) shall be SEC. 208. The Director of the National In- come available on July 1, 2002, and shall re- equal to 1 percent of such State’s substance stitutes of Health, jointly with the Director main available through September 30, 2003, abuse block grant allocation for each per- of the Office of AIDS Research, may transfer and of which $6,953,300,000 shall become centage point by which the State misses the up to 3 percent among institutes, centers, available on October 1, 2002, and shall remain retailer compliance rate goal established by and divisions from the total amounts identi- available through September 30, 2003, for the Secretary of Health and Human Services fied by these two Directors as funding for re- academic year 2002–2003: Provided, That search pertaining to the human immuno- under section 1926 of such Act. (c) The State is to maintain State expendi- $8,568,000,000 shall be available for basic deficiency virus: Provided, That the Congress tures in fiscal year 2002 for tobacco preven- grants under section 1124: Provided further, is promptly notified of the transfer. tion programs and for compliance activities That up to $3,500,000 of these funds shall be SEC. 209. Of the amounts made available in at a level that is not less than the level of available to the Secretary of Education on this Act for the National Institutes of such expenditures maintained by the State October 1, 2001, to obtain updated edu- Health, the amount for research related to for fiscal year 2001, and adding to that level cational-agency-level census poverty data the human immunodeficiency virus, as joint- the additional funds for tobacco compliance from the Bureau of the Census: Provided fur- ly determined by the Director of the Na- activities required under subsection (a). The ther, That $1,632,000,000 shall be available for tional Institutes of Health and the Director State is to submit a report to the Secretary concentration grants under section 1124A: of the Office of AIDS Research, shall be made on all fiscal year 2001 State expenditures and Provided further, That grant awards under available to the ‘‘Office of AIDS Research’’ all fiscal year 2002 obligations for tobacco sections 1124 and 1124A of title I of the ESEA account. The Director of the Office of AIDS prevention and compliance activities by pro- shall be not less than the greater of 100 per- Research shall transfer from such account gram activity by July 31, 2002. cent of the amount each State and local edu- amounts necessary to carry out section (d) The Secretary shall exercise discretion cational agency received under this author- 2353(d)(3) of the Public Health Service Act. in enforcing the timing of the State obliga- ity for fiscal year 2001 or the amount each SEC. 210. None of the funds appropriated in tion of the additional funds required by the State and local educational agency would re- this Act may be made available to any enti- certification described in subsection (a) as ceive if $8,568,000,000 for basic grants and ty under title X of the Public Health Service late as July 31, 2002. $1,632,000,000 for concentration grants were Act unless the applicant for the award cer- (e) None of the funds appropriated by this allocated in accordance with section tifies to the Secretary that it encourages Act may be used to withhold substance abuse 1122(c)(3) of title I of the Elementary and family participation in the decision of mi- funding pursuant to section 1926 from a terri- Secondary Education Act of 1965 as in effect nors to seek family planning services and tory that receives less than $1,000,000. prior to the Senate passage of H.R. 1: Pro- that it provides counseling to minors on how SEC. 215. (a) In order for the Centers for vided further, That notwithstanding any to resist attempts to coerce minors into en- Disease Control and Prevention to carry out other provision of law, grant awards under gaging in sexual activities. international health activities, including 1124A of title I of the ESEA shall be made to SEC. 211. None of the funds appropriated by HIV/AIDS and other infectious disease, those local educational agencies that re- this Act (including funds appropriated to any chronic and environmental disease, and ceived a concentration grant under the De- trust fund) may be used to carry out the other health activities abroad during fiscal partment of Education Appropriations Act, Medicare+Choice program if the Secretary year 2002, the Secretary of Health and 2001, but are not eligible to receive such a denies participation in such program to an Human Services is authorized to— grant for fiscal year 2002.

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IMPACT AID $1,500,000 shall be for the recipient of funds and of which $791,000,000 shall become avail- For carrying out programs of financial as- provided by Public Law 105–78 under section able on October 1, 2002 and shall remain sistance to federally affected schools author- 687(b)(2)(G) of the Act to provide information available through September 30, 2003: Pro- ized by title VIII of the Elementary and Sec- on diagnosis, intervention, and teaching vided, That of the amounts made available ondary Education Act of 1965, as amended by strategies for children with disabilities: Pro- for the Carl D. Perkins Vocational and Tech- H.R. 1 as passed by the Senate on June 14, vided further, That the amount for section nical Education Act, $7,000,000 shall be for 2001, $1,130,500,000, of which $954,000,000 shall 611(c) of the Act shall be equal to the amount tribally controlled postsecondary vocational be for basic support payments under section available for that section under Public Law and technical institutions under section 117: 8003(b), $50,000,000 shall be for payments for 106–554, increased by the amount of inflation Provided further, That $10,000,000 shall be for children with disabilities under section as specified in section 611(f)(1)(B)(ii) of the carrying out section 118 of such Act: Provided 8003(d), $68,000,000 shall be for formula grants Act. further, That of the amounts made available for construction under section 8007(a), REHABILITATION SERVICES AND DISABILITY for the Carl D. Perkins Vocational and Tech- $50,500,000 shall be for Federal property pay- RESEARCH nical Education Act, $5,000,000 shall be for ments under section 8002, and $8,000,000, to For carrying out, to the extent not other- demonstration activities authorized by sec- remain available until expended, shall be for wise provided, the Rehabilitation Act of 1973, tion 207: Provided further, That of the amount facilities maintenance under section 8008. the Assistive Technology Act of 1998, and the provided for Adult Education State Grants, $70,000,000 shall be made available for inte- SCHOOL IMPROVEMENT PROGRAMS Helen Keller National Center Act, grated English literacy and civics education For carrying out school improvement ac- $2,932,617,000, of which $60,000,000 shall re- main available through September 30, 2003: services to immigrants and other limited tivities authorized by sections 1117A and 1229 English proficient populations: Provided fur- and subpart 1 of part F of title I and titles II, Provided, That the funds provided for Title I of the Assistive Technology Act of 1998 (the ther, That of the amount reserved for inte- IV, V, VI, parts B and C of title VII, and title grated English literacy and civics education, XI of the Elementary and Secondary Edu- AT Act) shall be allocated notwithstanding section 105(b)(1) of the AT Act: Provided fur- notwithstanding section 211 of the Adult cation Act of 1965, as amended by H.R. 1 as Education and Family Literacy Act, 65 per- passed by the Senate on June 14, 2001 ther, That section 101(f) of the AT Act shall not limit the award of an extension grant to cent shall be allocated to States based on a (‘‘ESEA’’); and the Civil Rights Act of 1964; State’s absolute need as determined by cal- $8,717,014,000, of which $1,165,750,000 shall be- three years: Provided further, That each State shall be provided a minimum of culating each State’s share of a 10-year aver- come available on July 1, 2002, and remain age of the Immigration and Naturalization available through September 30, 2003, and of $500,000 and each outlying area $150,000 for activities under section 101 of the AT Act Service data for immigrants admitted for which $1,765,000,000 shall become available on legal permanent residence for the 10 most re- October 1, 2002, and shall remain available and each State shall be provided a minimum of $100,000 and each outlying area $50,000 for cent years, and 35 percent allocated to through September 30, 2003, for academic States that experienced growth as measured year 2002–2003: Provided, That $28,000,000 shall activities under section 102 of the Act: Pro- vided further, That if the funds appropriated by the average of the 3 most recent years for be for part A of title XIII of the ESEA as in which Immigration and Naturalization Serv- effect prior to Senate passage of H.R. 1 to for Title I of the AT Act are less than re- quired to fund these minimum allotments, ice data for immigrants admitted for legal continue the operation of the current Com- permanent residence are available, except prehensive Regional Assistance Centers: Pro- grants provided under sections 101 and 102 of the AT Act shall be the same as their fiscal that no State shall be allocated an amount vided further, That of the amount made avail- less than $60,000: Provided further, That of the able for subpart 4 of part B of title V of the year 2001 amounts and any amounts in excess of these minimum requirements shall be al- amounts made available for the Adult Edu- ESEA, $925,000,000 shall be available, not- cation and Family Literacy Act, $9,500,000 withstanding any other provision of law, to located proportionally to achieve the pre- scribed minimums: Provided further, That shall be for national leadership activities State educational agencies and outlying under section 243 and $6,560,000 shall be for areas under the terms and conditions set $26,884,000 shall be used to support grants for up to three years to States under title III of the National Institute for Literacy under forth in section 305 of this Act for grants for section 242: Provided further, That $22,000,000 school repair and renovation: Provided fur- the AT Act, of which the Federal share shall not exceed 75 percent in the first year, 50 shall be for Youth Offender Grants, of which ther, That funds made available to local edu- $5,000,000 shall be used in accordance with cation agencies under subpart B of part F of percent in the second year, and 25 percent in the third year, and that the requirements in section 601 of Public Law 102–73 as that sec- title XI shall be used for activities related to tion was in effect prior to the enactment of the redesign of large high schools: Provided section 301(c)(2) and section 302 of that Act shall not apply to such grants. Public Law 105–220: Provided further, That of further, That of the funds appropriated for the amounts made available for title I of the part F of title XI, $10,000,000 shall be avail- SPECIAL INSTITUTIONS FOR PERSONS WITH Perkins Act, the Secretary may reserve up able for dropout prevention programs under DISABILITIES to 0.54 percent for incentive grants under part H of title I and $100,000,000 shall be AMERICAN PRINTING HOUSE FOR THE BLIND section 503 of the Workforce Investment Act, available under part C of title IX to enable For carrying out the Act of March 3, 1879, without regard to section 111(a)(1)(C) of the the Secretary of Education to award grants as amended (20 U.S.C. 101 et seq.), $14,000,000. Perkins Act: Provided further, That of the to develop, implement, and strengthen pro- NATIONAL TECHNICAL INSTITUTE FOR THE DEAF amounts made available for the Adult Edu- grams to teach American history (not social For the National Technical Institute for cation and Family Literacy Act, the Sec- studies) as a separate subject within school retary may reserve up to 1.72 percent for in- curricula. the Deaf under titles I and II of the Edu- cation of the Deaf Act of 1986 (20 U.S.C. 4301 centive grants under section 503 of the Work- INDIAN EDUCATION et seq.), $54,976,000, of which $5,376,000 shall force Investment Act, without regard to sec- For expenses necessary to carry out, to the be for construction and shall remain avail- tion 211(a)(3) of the Adult Education and extent not otherwise provided, title VII, part able until expended: Provided, That from the Family Literacy Act. A of the Elementary and Secondary Edu- total amount available, the Institute may at STUDENT FINANCIAL ASSISTANCE cation Act of 1965, as amended by H.R. 1 as its discretion use funds for the endowment For carrying out subparts 1, 3 and 4 of part passed by the Senate on June 14, 2001, program as authorized under section 207. A, section 428K, part C and part E of title IV $117,000,000. GALLAUDET UNIVERSITY of the Higher Education Act of 1965, as amended, $12,284,100,000, which shall remain BILINGUAL AND IMMIGRANT EDUCATION For the Kendall Demonstration Elemen- For section 3202 of part B and section D of available through September 30, 2003. tary School, the Model Secondary School for The maximum Pell Grant for which a stu- title III of the Elementary and Secondary the Deaf, and the partial support of Gal- dent shall be eligible during award year 2002– Education Act of 1965, as amended by H.R. 1 laudet University under titles I and II of the 2003 shall be $4,000: Provided, That notwith- as passed by the Senate on June 14, 2001, Education of the Deaf Act of 1986 (20 U.S.C. standing section 401(g) of the Act, if the Sec- $516,000,000. 4301 et seq.), $97,000,000: Provided, That from retary determines, prior to publication of SPECIAL EDUCATION the total amount available, the University the payment schedule for such award year, For carrying out the Individuals with Dis- may at its discretion use funds for the en- that the amount included within this appro- abilities Education Act, $8,439,643,000, of dowment program as authorized under sec- priation for Pell Grant awards in such award which $3,090,452,000 shall become available tion 207. year, and any funds available from the fiscal for obligation on July 1, 2002, and shall re- VOCATIONAL AND ADULT EDUCATION year 2001 appropriation for Pell Grant main available through September 30, 2003, For carrying out, to the extent not other- awards, are insufficient to satisfy fully all and of which $5,072,000,000 shall become wise provided, the Carl D. Perkins Voca- such awards for which students are eligible, available on October 1, 2002, and shall remain tional and Technical Education Act, the as calculated under section 401(b) of the Act, available through September 30, 2003, for Adult Education and Family Literacy Act, the amount paid for each such award shall be academic year 2002–2003: Provided, That and title VIII–D of the Higher Education Act reduced by either a fixed or variable percent- $9,500,000 shall be for Recording for the Blind of 1965, as amended, and Public Law 102–73, age, or by a fixed dollar amount, as deter- and Dyslexic to support the development, $1,818,060,000, of which $1,020,060,000 shall be- mined in accordance with a schedule of re- production, and circulation of recorded edu- come available on July 1, 2002 and shall re- ductions established by the Secretary for cational materials: Provided further, That main available through September 30, 2003 this purpose.

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FEDERAL FAMILY EDUCATION LOAN PROGRAM stitutes shall be allocated notwithstanding under the heading ‘‘School Improvement ACCOUNT section 912(m)(1)(B–F) and subparagraphs (B) Programs’’ in accordance with this section, For Federal administrative expenses to and (C) of section 931(c)(2) of Public Law 103– the Secretary of Education shall provide carry out guaranteed student loans author- 227: Provided further, That funds appropriated grants to the State and outlying area enti- ized by title IV, part B, of the Higher Edu- to support activities conducted under section ties responsible for the financing of edu- cation Act of 1965, as amended, $49,636,000. 411 of the National Education Statistics Act cation facilities (hereinafter in this section of 1994 may be used to pay for the adminis- referred to as the ‘‘State entity’’), on the HIGHER EDUCATION tration of State assessment: Provided further, basis of the same percentage as the State For carrying out, to the extent not other- That of the funds appropriated under section educational agency received of the funds al- wise provided, section 121 and titles II, III, 11305 of part D of title XI of the ESEA, located to States and outlying areas through IV, V, VI, and VII of the Higher Education $1,500,000 shall be used to conduct a violence the Department of Education Appropriations Act of 1965, as amended, title VIII of the prevention demonstration program and Act, 2001 for carrying out part A, title I of Higher Education Amendments of 1998, and $500,000 to conduct a native American civic the Elementary and Secondary Education the Mutual Educational and Cultural Ex- education initiative: Provided further, That Act of 1965, for awarding grants in accord- change Act of 1961, $1,764,223,000, of which $12,000,000 of the funds appropriated under ance with subsection (b) to local educational $5,000,000 for interest subsidies authorized by part D of title XI shall be used to support ac- agencies to enable them to make urgent re- section 121 of the Higher Education Act of tivities conducted under section 11306, con- pairs and renovations to public school facili- 1965, shall remain available until expended: sistent with the distribution specified under ties. Provided, That $10,000,000, to remain avail- section 11304(2)(b). (b)(1) A State entity shall award urgent able through September 30, 2003, shall be DEPARTMENTAL MANAGEMENT school renovation grants to local edu- available to fund fellowships for academic cational agencies under this section on a PROGRAM ADMINISTRATION year 2003–2004 under part A, subpart 1 of title competitive basis that includes consider- VII of said Act, under the terms and condi- For carrying out, to the extent not other- ation of each local educational agency appli- tions of part A, subpart 1: Provided further, wise provided, the Department of Education cant’s— That $1,500,000 is for data collection and Organization Act, including rental of con- (A) relative percentage of children from evaluation activities for programs under the ference rooms in the District of Columbia low-income families; Higher Education Act of 1965, including such and hire of two passenger motor vehicles, (B) need for school repairs and renovations; activities needed to comply with the Govern- $424,212,000. (C) fiscal capacity; and ment Performance and Results Act of 1993: OFFICE FOR CIVIL RIGHTS (D) plans to maintain the facilities re- Provided further, That $18,000,000 shall be For expenses necessary for the Office for paired or renovated under the grant. available for tribally controlled colleges and Civil Rights, as authorized by section 203 of (2) The Federal share of the cost of each universities under section 316 of the Higher the Department of Education Organization project assisted by funds made available Education Act of 1965, of which $6,000,000 Act, $79,934,000. under subsection (a)(2) shall be determined shall be used for construction and renova- OFFICE OF THE INSPECTOR GENERAL based on the percentage of the local edu- tion: Provided further, That the funds pro- cational agency’s attendance that is com- For expenses necessary for the Office of the vided for title II of the Higher Education Act prised of children 5 to 17 years of age, inclu- Inspector General, as authorized by section of 1965 shall be allocated notwithstanding sive, who are from families with incomes 212 of the Department of Education Organi- section 210 of the Higher Education Act of below the poverty line (as defined by the Of- zation Act, $38,720,000. 1965: Provided further, That funds for part B fice of Management and Budget and revised of title VII of the Higher Education Act of GENERAL PROVISIONS annually in accordance with section 673(2) of 1965 may be used, at the discretion of the SEC. 301. No funds appropriated in this Act the Community Services Block Grant Act (42 Secretary of Education, to fund continuation may be used for the transportation of stu- U.S.C. 9902(2)) applicable to a family of the awards under title IV, part A, subpart 8 of dents or teachers (or for the purchase of size involved for the most recent fiscal year such Act. equipment for such transportation) in order for which data satisfactory to the Secretary HOWARD UNIVERSITY to overcome racial imbalance in any school are available: For partial support of Howard University or school system, or for the transportation Then the Federal (20 U.S.C. 121 et seq.), $232,474,000, of which of students or teachers (or for the purchase If the percentage is: share shall be: not less than $3,600,000 shall be for a match- of equipment for such transportation) in 40 percent or greater ...... 100 percent ing endowment grant pursuant to the How- order to carry out a plan of racial desegrega- 30–39.99 percent ...... 90 percent ard University Endowment Act (Public Law tion of any school or school system. 20–29.99 percent ...... 80 percent 98–480) and shall remain available until ex- SEC. 302. None of the funds contained in 10–19.99 percent ...... 70 percent pended. this Act shall be used to require, directly or less than 10 percent ...... 60 percent. COLLEGE HOUSING AND ACADEMIC FACILITIES indirectly, the transportation of any student (3) If, after providing an opportunity to the LOANS PROGRAM to a school other than the school which is public and all local educational agencies in nearest the student’s home, except for a stu- For Federal administrative expenses au- the State to comment, consistent with any dent requiring special education, to the thorized under section 121 of the Higher Edu- applicable State and local law specifying school offering such special education, in cation Act of 1965, $762,000 to carry out ac- how the comments may be received and how order to comply with title VI of the Civil tivities related to existing facility loans en- the comments may be reviewed by any mem- Rights Act of 1964. For the purpose of this tered into under the Higher Education Act of ber of the public, the State entity dem- section an indirect requirement of transpor- 1965. onstrates that the amount of the State’s al- tation of students includes the transpor- location exceeds the amount needed to ad- HISTORICALLY BLACK COLLEGE AND UNIVERSITY tation of students to carry out a plan involv- dress the needs of the local educational agen- CAPITAL FINANCING PROGRAM ACCOUNT ing the reorganization of the grade structure cies in the State for school repair and ren- The total amount of bonds insured pursu- of schools, the pairing of schools, or the clus- ovation under this section— ant to section 344 of title III, part D of the tering of schools, or any combination of (A) the State entity shall transfer any ex- Higher Education Act of 1965 shall not ex- grade restructuring, pairing or clustering. cess portion of that allocation to the State ceed $357,000,000, and the cost, as defined in The prohibition described in this section educational agency; and section 502 of the Congressional Budget Act does not include the establishment of mag- (B) the State educational agency shall al- of 1974, of such bonds shall not exceed zero. net schools. locate 100 percent of those excess funds re- For administrative expenses to carry out SEC. 303. No funds appropriated under this ceived under subsection (a) in accordance the Historically Black College and Univer- Act may be used to prevent the implementa- with section 5312 of the Elementary and Sec- sity Capital Financing Program entered into tion of programs of voluntary prayer and ondary Education Act of 1965 as amended by pursuant to title III, part D of the Higher meditation in the public schools. H.R. 1 as passed the Senate on June 14, 2001 Education Act of 1965, as amended, $208,000. (TRANSFER OF FUNDS) for activities authorized under section 5331 of EDUCATION RESEARCH, STATISTICS, AND SEC. 304. Not to exceed 1 percent of any dis- the Elementary and Secondary Education ASSESSMENT cretionary funds (pursuant to the Balanced Act of 1965 as amended by H.R. 1 as passed For carrying out activities authorized by Budget and Emergency Deficit Control Act the Senate on June 14, 2001 to be determined the Educational Research, Development, Dis- of 1985, as amended) which are appropriated by each such local educational agency as semination, and Improvement Act of 1994, in- for the Department of Education in this Act part of a local strategy for improving aca- cluding part E; the National Education Sta- may be transferred between appropriations, demic achievement. tistics Act of 1994, including sections 411 and but no such appropriation shall be increased (c) If a local educational agency uses funds 412; and parts B, D, and E of title XI of the by more than 3 percent by any such transfer: for urgent school renovation, then the fol- Elementary and Secondary Education Act as Provided, That the Appropriations Commit- lowing provisions shall apply— amended by H.R. 1 as passed by the Senate tees of both Houses of Congress are notified (1) Urgent school renovation shall be lim- on June 14, 2001 (ESEA), $431,567,000: Pro- at least 15 days in advance of any transfer. ited to one or more of the following— vided, That $53,000,000 of the amount avail- SEC. 305. (a) From the amount made avail- (A) school facilities modifications nec- able for the national education research in- able for urgent school renovation grants essary to render school facilities accessible

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in order to comply with the Americans With tion, associated with the transition of public NATIONAL LABOR RELATIONS BOARD Disabilities Act; broadcasting to digital broadcasting, to be SALARIES AND EXPENSES (B) school facilities modifications nec- awarded as determined by the Corporation in For expenses necessary for the National essary to render school facilities accessible consultation with public radio and television Labor Relations Board to carry out the func- in order to comply with section 504 of the licensees or permittees, or their designated tions vested in it by the Labor-Management Rehabilitation Act; representatives. Relations Act, 1947, as amended (29 U.S.C. (C) asbestos abatement or removal from FEDERAL MEDIATION AND CONCILIATION 141–167), and other laws, $226,438,000: Provided, school facilities; SERVICE That no part of this appropriation shall be (D) emergency renovations or repairs to SALARIES AND EXPENSES available to organize or assist in organizing the school facilities only to ensure the For expenses necessary for the Federal Me- agricultural laborers or used in connection health and safety of students and staff; and diation and Conciliation Service to carry out with investigations, hearings, directives, or (E) security upgrades. the functions vested in it by the Labor Man- orders concerning bargaining units composed (2) no funds received under this section for agement Relations Act, 1947 (29 U.S.C. 171– of agricultural laborers as referred to in sec- urgent school renovation may be used for— 180, 182–183), including hire of passenger tion 2(3) of the Act of July 5, 1935 (29 U.S.C. (A) payment of maintenance costs in con- motor vehicles; for expenses necessary for 152), and as amended by the Labor-Manage- nection with any projects constructed in the Labor-Management Cooperation Act of ment Relations Act, 1947, as amended, and as whole or part with Federal funds provided 1978 (29 U.S.C. 175a); and for expenses nec- defined in section 3(f) of the Act of June 25, under this section; or essary for the Service to carry out the func- 1938 (29 U.S.C. 203), and including in said defi- (B) stadiums or other facilities primarily tions vested in it by the Civil Service Reform nition employees engaged in the mainte- used for athletic contests or exhibitions or Act, Public Law 95–454 (5 U.S.C. ch. 71), nance and operation of ditches, canals, res- other events for which admission is charged $40,482,000, including $1,500,000, to remain ervoirs, and waterways when maintained or to the general public. This title may be cited as the ‘‘Department available through September 30, 2003, for ac- operated on a mutual, nonprofit basis and at of Education Appropriations Act, 2002’’. tivities authorized by the Labor-Manage- least 95 percent of the water stored or sup- ment Cooperation Act of 1978 (29 U.S.C. 175a): plied thereby is used for farming purposes. TITLE IV—RELATED AGENCIES Provided, That notwithstanding 31 U.S.C. NATIONAL MEDIATION BOARD ARMED FORCES RETIREMENT HOME 3302, fees charged, up to full-cost recovery, SALARIES AND EXPENSES For expenses necessary for the Armed for special training activities and other con- Forces Retirement Home to operate and flict resolution services and technical assist- For expenses necessary to carry out the maintain the United States Soldiers’ and ance, including those provided to foreign provisions of the Railway Labor Act, as Airmen’s Home and the United States Naval governments and international organiza- amended (45 U.S.C. 151–188), including emer- Home, to be paid from funds available in the tions, and for arbitration services shall be gency boards appointed by the President, Armed Forces Retirement Home Trust Fund, credited to and merged with this account, $10,635,000. $71,440,000, of which $9,812,000 shall remain and shall remain available until expended: OCCUPATIONAL SAFETY AND HEALTH REVIEW available until expended for construction Provided further, That fees for arbitration COMMISSION and renovation of the physical plants at the services shall be available only for edu- SALARIES AND EXPENSES United States Soldiers’ and Airmen’s Home cation, training, and professional develop- For expenses necessary for the Occupa- and the United States Naval Home: Provided, ment of the agency workforce: Provided fur- tional Safety and Health Review Commis- That, notwithstanding any other provision ther, That the Director of the Service is au- sion (29 U.S.C. 661), $8,964,000. of law, a single contract or related contracts thorized to accept and use on behalf of the for development and construction, to include United States gifts of services and real, per- RAILROAD RETIREMENT BOARD construction of a long-term care facility at sonal, or other property in the aid of any DUAL BENEFITS PAYMENTS ACCOUNT the United States Naval Home, may be em- projects or functions within the Director’s For payment to the Dual Benefits Pay- ployed which collectively include the full jurisdiction. ments Account, authorized under section scope of the project: Provided further, That FEDERAL MINE SAFETY AND HEALTH REVIEW 15(d) of the Railroad Retirement Act of 1974, the solicitation and contract shall contain COMMISSION $146,000,000, which shall include amounts be- the clause ‘‘availability of funds’’ found at 48 SALARIES AND EXPENSES coming available in fiscal year 2002 pursuant CFR 52.232–18 and 252.232–7007, Limitation of to section 224(c)(1)(B) of Public Law 98–76; Government Obligations. For expenses necessary for the Federal Mine Safety and Health Review Commission and in addition, an amount, not to exceed 2 CORPORATION FOR NATIONAL AND COMMUNITY (30 U.S.C. 801 et seq.), $6,939,000. percent of the amount provided herein, shall SERVICE be available proportional to the amount by INSTITUTE OF MUSEUM AND LIBRARY SERVICES DOMESTIC VOLUNTEER SERVICE PROGRAMS, which the product of recipients and the aver- OFFICE OF LIBRARY SERVICES: GRANTS AND OPERATING EXPENSES age benefit received exceeds $146,000,000: Pro- ADMINISTRATION For expenses necessary for the Corporation vided, That the total amount provided herein For carrying out subtitle B of the Museum for National and Community Service to shall be credited in 12 approximately equal and Library Services Act, $168,078,000, of carry out the provisions of the Domestic amounts on the first day of each month in which $11,081,000 shall be for projects author- Volunteer Service Act of 1973, as amended, the fiscal year. ized by section 262 of such Act, notwith- $321,276,000: Provided, That none of the funds FEDERAL PAYMENTS TO THE RAILROAD standing section 221(a)(1)(B). made available to the Corporation for Na- RETIREMENT ACCOUNTS MEDICARE PAYMENT ADVISORY COMMISSION tional and Community Service in this Act For payment to the accounts established SALARIES AND EXPENSES for activities authorized by part E of title II in the Treasury for the payment of benefits of the Domestic Volunteer Service Act of For expenses necessary to carry out sec- under the Railroad Retirement Act for inter- 1973 shall be used to provide stipends or tion 1805 of the Social Security Act, est earned on unnegotiated checks, $150,000, other monetary incentives to volunteers or $8,500,000, to be transferred to this appropria- to remain available through September 30, volunteer leaders whose incomes exceed 125 tion from the Federal Hospital Insurance and 2003, which shall be the maximum amount percent of the national poverty level. the Federal Supplementary Medical Insur- available for payment pursuant to section CORPORATION FOR PUBLIC BROADCASTING ance Trust Funds. 417 of Public Law 98–76. NATIONAL COMMISSION ON LIBRARIES AND For payment to the Corporation for Public LIMITATION ON ADMINISTRATION Broadcasting, as authorized by the Commu- INFORMATION SCIENCE For necessary expenses for the Railroad nications Act of 1934, an amount which shall SALARIES AND EXPENSES Retirement Board for administration of the be available within limitations specified by For necessary expenses for the National Railroad Retirement Act and the Railroad that Act, for the fiscal year 2004, $395,000,000: Commission on Libraries and Information Unemployment Insurance Act, $97,700,000, to Provided, That no funds made available to Science, established by the Act of July 20, be derived in such amounts as determined by the Corporation for Public Broadcasting by 1970 (Public Law 91–345, as amended), the Board from the railroad retirement ac- this Act shall be used to pay for receptions, $1,495,000. counts and from moneys credited to the rail- parties, or similar forms of entertainment NATIONAL COUNCIL ON DISABILITY road unemployment insurance administra- for Government officials or employees: Pro- SALARIES AND EXPENSES tion fund. vided further, That none of the funds con- tained in this paragraph shall be available or For expenses necessary for the National LIMITATION ON THE OFFICE OF INSPECTOR used to aid or support any program or activ- Council on Disability as authorized by title GENERAL ity from which any person is excluded, or is IV of the Rehabilitation Act of 1973, as For expenses necessary for the Office of In- denied benefits, or is discriminated against, amended, $2,830,000. spector General for audit, investigatory and on the basis of race, color, national origin, NATIONAL EDUCATION GOALS PANEL review activities, as authorized by the In- religion, or sex: Provided further, That in ad- For expenses necessary for the National spector General Act of 1978, as amended, not dition to the amounts provided above, Education Goals Panel, as authorized by more than $6,480,000, to be derived from the $25,000,000, for costs related to digital pro- title II, part A of the Goals 2000: Educate railroad retirement accounts and railroad gram production, development, and distribu- America Act, $2,000,000. unemployment insurance account: Provided,

VerDate Mar 15 2010 04:06 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2001 CONGRESSIONAL RECORD — SENATE S11227 That none of the funds made available in any referred to therein: Provided, That not less the United States Institute of Peace Act, other paragraph of this Act may be trans- than $1,800,000 shall be for the Social Secu- $15,207,000. ferred to the Office; used to carry out any rity Advisory Board: Provided further, That TITLE V—GENERAL PROVISIONS such transfer; used to provide any office unobligated balances at the end of fiscal year SEC. 501. The Secretaries of Labor, Health space, equipment, office supplies, commu- 2002 not needed for fiscal year 2002 shall re- and Human Services, and Education are au- nications facilities or services, maintenance main available until expended to invest in thorized to transfer unexpended balances of services, or administrative services for the the Social Security Administration informa- prior appropriations to accounts cor- Office; used to pay any salary, benefit, or tion technology and telecommunications responding to current appropriations pro- award for any personnel of the Office; used to hardware and software infrastructure, in- vided in this Act: Provided, That such trans- pay any other operating expense of the Of- cluding related equipment and non-payroll ferred balances are used for the same pur- fice; or used to reimburse the Office for any administrative expenses associated solely pose, and for the same periods of time, for service provided, or expense incurred, by the with this information technology and tele- which they were originally appropriated. Office: Provided further, That funds made communications infrastructure: Provided fur- SEC. 502. No part of any appropriation con- available under the heading in this Act, or ther, That reimbursement to the trust funds tained in this Act shall remain available for subsequent Departments of Labor, Health under this heading for expenditures for offi- obligation beyond the current fiscal year un- and Human Services, and Education, and Re- cial time for employees of the Social Secu- less expressly so provided herein. lated Agencies Appropriations Act, may be rity Administration pursuant to section 7131 SEC. 503. (a) No part of any appropriation used for any audit, investigation, or review of title 5, United States Code, and for facili- contained in this Act shall be used, other of the Medicare program. ties or support services for labor organiza- than for normal and recognized executive- tions pursuant to policies, regulations, or SOCIAL SECURITY ADMINISTRATION legislative relationships, for publicity or procedures referred to in section 7135(b) of propaganda purposes, for the preparation, PAYMENTS TO SOCIAL SECURITY TRUST FUNDS such title shall be made by the Secretary of distribution, or use of any kit, pamphlet, For payment to the Federal Old-Age and the Treasury, with interest, from amounts in booklet, publication, radio, television, or Survivors Insurance and the Federal Dis- the general fund not otherwise appropriated, video presentation designed to support or de- ability Insurance trust funds, as provided as soon as possible after such expenditures feat legislation pending before the Congress under sections 201(m), 217(g), 228(g), and are made. or any State legislature, except in presen- 1131(b)(2) of the Social Security Act, From funds provided under the first para- tation to the Congress or any State legisla- $434,400,000. graph, not less than $200,000,000 shall be ture itself. SPECIAL BENEFITS FOR DISABLED COAL MINERS available for conducting continuing dis- (b) No part of any appropriation contained ability reviews. in this Act shall be used to pay the salary or For carrying out title IV of the Federal In addition to funding already available expenses of any grant or contract recipient, Mine Safety and Health Act of 1977, under this heading, and subject to the same or agent acting for such recipient, related to $332,840,000, to remain available until ex- terms and conditions, $433,000,000, to remain any activity designed to influence legisla- pended. available until September 30, 2003, for con- tion or appropriations pending before the For making, after July 31 of the current tinuing disability reviews as authorized by Congress or any State legislature. fiscal year, benefit payments to individuals section 103 of Public Law 104–121 and section SEC. 504. The Secretaries of Labor and Edu- under title IV of the Federal Mine Safety 10203 of Public Law 105–33. The term ‘‘con- cation are authorized to make available not and Health Act of 1977, for costs incurred in tinuing disability reviews’’ means reviews to exceed $20,000 and $15,000, respectively, the current fiscal year, such amounts as may and redeterminations as defined under sec- from funds available for salaries and ex- be necessary. tion 201(g)(1)(A) of the Social Security Act, penses under titles I and III, respectively, for For making benefit payments under title as amended. official reception and representation ex- IV of the Federal Mine Safety and Health In addition, $100,000,000 to be derived from penses; the Director of the Federal Medi- Act of 1977 for the first quarter of fiscal year administration fees in excess of $5.00 per sup- ation and Conciliation Service is authorized 2003, $108,000,000, to remain available until plementary payment collected pursuant to to make available for official reception and expended. section 1616(d) of the Social Security Act or representation expenses not to exceed $2,500 SUPPLEMENTAL SECURITY INCOME PROGRAM section 212(b)(3) of Public Law 93–66, which from the funds available for ‘‘Salaries and For carrying out titles XI and XVI of the shall remain available until expended. To expenses, Federal Mediation and Concilia- Social Security Act, section 401 of Public the extent that the amounts collected pursu- tion Service’’; and the Chairman of the Na- Law 92–603, section 212 of Public Law 93–66, ant to such section 1616(d) or 212(b)(3) in fis- tional Mediation Board is authorized to as amended, and section 405 of Public Law cal year 2002 exceed $100,000,000, the amounts make available for official reception and rep- 95–216, including payment to the Social Secu- shall be available in fiscal year 2003 only to resentation expenses not to exceed $2,500 rity trust funds for administrative expenses the extent provided in advance in appropria- from funds available for ‘‘Salaries and ex- incurred pursuant to section 201(g)(1) of the tions Acts. penses, National Mediation Board’’. Social Security Act, $21,277,412,000, to remain From funds previously appropriated for SEC. 505. Notwithstanding any other provi- available until expended: Provided, That any this purpose, any unobligated balances at sion of this Act, no funds appropriated under portion of the funds provided to a State in the end of fiscal year 2001 shall be available this Act shall be used to carry out any pro- the current fiscal year and not obligated by to continue Federal-State partnerships gram of distributing sterile needles or sy- the State during that year shall be returned which will evaluate means to promote Medi- ringes for the hypodermic injection of any il- to the Treasury. care buy-in programs targeted to elderly and legal drug unless the Secretary of Health and In addition, $200,000,000, to remain avail- disabled individuals under titles XVIII and Human Services determines that such pro- able until September 30, 2003, for payment to XIX of the Social Security Act. grams are effective in preventing the spread the Social Security trust funds for adminis- OFFICE OF INSPECTOR GENERAL of HIV and do not encourage the use of ille- trative expenses for continuing disability re- (INCLUDING TRANSFER OF FUNDS) gal drugs. SEC. 506. (a) It is the sense of the Congress views as authorized by section 103 of Public For expenses necessary for the Office of In- that, to the greatest extent practicable, all Law 104–121 and section 10203 of Public Law spector General in carrying out the provi- equipment and products purchased with 105–33. The term ‘‘continuing disability re- sions of the Inspector General Act of 1978, as funds made available in this Act should be views’’ means reviews and redeterminations amended, $19,000,000, together with not to ex- American-made. as defined under section 201(g)(1)(A) of the ceed $56,000,000, to be transferred and ex- (b) In providing financial assistance to, or Social Security Act, as amended. pended as authorized by section 201(g)(1) of entering into any contract with, any entity For making, after June 15 of the current the Social Security Act from the Federal using funds made available in this Act, the fiscal year, benefit payments to individuals Old-Age and Survivors Insurance Trust Fund head of each Federal agency, to the greatest under title XVI of the Social Security Act, and the Federal Disability Insurance Trust extent practicable, shall provide to such en- for unanticipated costs incurred for the cur- Fund. tity a notice describing the statement made rent fiscal year, such sums as may be nec- In addition, an amount not to exceed 3 per- in subsection (a) by the Congress. essary. cent of the total provided in this appropria- (c) If it has been finally determined by a For making benefit payments under title tion may be transferred from the ‘‘Limita- court or Federal agency that any person in- XVI of the Social Security Act for the first tion on Administrative Expenses’’, Social tentionally affixed a label bearing a ‘‘Made quarter of fiscal year 2003, $10,790,000,000, to Security Administration, to be merged with in America’’ inscription, or any inscription remain available until expended. this account, to be available for the time and with the same meaning, to any product sold purposes for which this account is available: LIMITATION ON ADMINISTRATIVE EXPENSES in or shipped to the United States that is not Provided, That notice of such transfers shall For necessary expenses, including the hire made in the United States, the person shall be transmitted promptly to the Committees of two passenger motor vehicles, and not to be ineligible to receive any contract or sub- on Appropriations of the House and Senate. exceed $35,000 for official reception and rep- contract made with funds made available in resentation expenses, not more than UNITED STATES INSTITUTE OF PEACE this Act, pursuant to the debarment, suspen- $7,035,000,000 may be expended, as authorized OPERATING EXPENSES sion, and ineligibility procedures described by section 201(g)(1) of the Social Security For necessary expenses of the United in sections 9.400 through 9.409 of title 48, Act, from any one or all of the trust funds States Institute of Peace as authorized in Code of Federal Regulations.

VerDate Mar 15 2010 04:06 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11228 CONGRESSIONAL RECORD — SENATE October 30, 2001

SEC. 507. When issuing statements, press lished by section 202 of the Controlled Sub- Sec. 624. Oversight by Federal Housing Com- releases, requests for proposals, bid solicita- stances Act (21 U.S.C. 812). missioner. tions and other documents describing (b) The limitation in subsection (a) shall Sec. 625. Limitation on subsequent employ- projects or programs funded in whole or in not apply when there is significant medical ment. part with Federal money, all grantees re- evidence of a therapeutic advantage to the Subtitle C—Miscellaneous Housing Program ceiving Federal funds included in this Act, use of such drug or other substance or that Amendments including but not limited to State and local federally sponsored clinical trials are being Sec. 631. Extension of CDBG public services governments and recipients of Federal re- conducted to determine therapeutic advan- cap exception. search grants, shall clearly state: (1) the per- tage. Sec. 632. Use of section 8 enhanced vouchers centage of the total costs of the program or SEC. 512. None of the funds made available for prepayments. project which will be financed with Federal in this Act may be obligated or expended to Sec. 633. Prepayment and refinancing of money; (2) the dollar amount of Federal enter into or renew a contract with an entity loans for section 202 supportive funds for the project or program; and (3) per- if— housing. centage and dollar amount of the total costs (1) such entity is otherwise a contractor Sec. 634. Technical correction. of the project or program that will be fi- with the United States and is subject to the SEC. 602. PURPOSES. nanced by non-governmental sources. requirement in section 4212(d) of title 38, The purposes of this title are— SEC. 508. (a) None of the funds appropriated United States Code, regarding submission of (1) to continue the progress of the Multi- under this Act, and none of the funds in any an annual report to the Secretary of Labor family Assisted Housing Reform and Afford- trust fund to which funds are appropriated concerning employment of certain veterans; ability Act of 1997 (referred to in this section under this Act, shall be expended for any and as ‘‘that Act’’); abortion. (2) such entity has not submitted a report (2) to ensure that properties that undergo (b) None of the funds appropriated under as required by that section for the most re- mortgage restructurings pursuant to that this Act, and none of the funds in any trust cent year for which such requirement was Act are rehabilitated to a standard that al- fund to which funds are appropriated under applicable to such entity. lows the properties to meet their long-term this Act, shall be expended for health bene- SEC. 513. None of the funds made available affordability requirements; fits coverage that includes coverage of abor- in this Act may be used to promulgate or (3) to ensure that, for properties that un- tion. adopt any final standard under section dergo mortgage restructurings pursuant to (c) The term ‘‘health benefits coverage’’ 1173(b) of the Social Security Act (42 U.S.C. that Act, reserves are set at adequate levels means the package of services covered by a 1320d–2(b)) providing for, or providing for the to allow the properties to meet their long- managed care provider or organization pur- assignment of, a unique health identifier for term affordability requirements; suant to a contract or other arrangement. an individual (except in an individual’s ca- (4) to ensure that properties that undergo SEC. 509. (a) The limitations established in pacity as an employer or a health care pro- mortgage restructurings pursuant to that the preceding section shall not apply to an vider), until legislation is enacted specifi- Act are operated efficiently, and that oper- abortion— cally approving the standard. ating expenses are sufficient to ensure the (1) if the pregnancy is the result of an act SEC. 514. None of the funds in this Act for long-term financial and physical integrity of of rape or incest; or the Departments of Labor, Health and the properties; (2) in the case where a woman suffers from Human Services, and Education may be used (5) to ensure that properties that undergo a physical disorder, physical injury, or phys- to make a grant unless the House and Senate rent restructurings have adequate resources ical illness, including a life-endangering Committees on Appropriations are notified to maintain the properties in good condition; physical condition caused by or arising from not less than three full business days before (6) to ensure that the Office of Multifamily the pregnancy itself, that would, as certified any discretionary grant awards or coopera- Housing Assistance Restructuring of the De- by a physician, place the woman in danger of tive agreement, totaling $500,000 or more is partment of Housing and Urban Development death unless an abortion is performed. announced by these departments from any continues to focus on the portfolio of prop- (b) Nothing in the preceding section shall discretionary grant program other than erties eligible for restructuring under that be construed as prohibiting the expenditure emergency relief programs: Provided, That Act; by a State, locality, entity, or private person no notification shall involve funds that are (7) to ensure that the Department of Hous- of State, local, or private funds (other than not available for obligation. a State’s or locality’s contribution of Med- ing and Urban Development carefully tracks icaid matching funds). TITLE VI—EXTENSION OF MARK-TO- the condition of those properties on an ongo- (c) Nothing in the preceding section shall MARKET PROGRAM FOR MULTIFAMILY ing basis; be construed as restricting the ability of any ASSISTED HOUSING (8) to ensure that tenant groups, nonprofit managed care provider from offering abor- SEC. 601. SHORT TITLE AND TABLE OF CON- organizations, and public entities continue tion coverage or the ability of a State or lo- TENTS. to have the resources for building the capac- cality to contract separately with such a (a) SHORT TITLE.—This title may be cited ity of tenant organizations in furtherance of provider for such coverage with State funds as the ‘‘Mark-to-Market Extension Act of the purposes of subtitle A of that Act; and (other than a State’s or locality’s contribu- 2001’’. (9) to encourage the Office of Multifamily tion of Medicaid matching funds). (b) TABLE OF CONTENTS.—The table of con- Housing Assistance Restructuring to con- SEC. 510. (a) None of the funds made avail- tents for this title is as follows: tinue to provide participating administra- able in this Act may be used for— tive entities, including public participating TITLE VI—EXTENSION OF MARK-TO- (1) the creation of a human embryo or em- administrative entities, with the flexibility MARKET PROGRAM FOR MULTIFAMILY bryos for research purposes; or to respond to specific problems that indi- ASSISTED HOUSING (2) research in which a human embryo or vidual cases may present, while ensuring embryos are destroyed, discarded, or know- Sec. 601. Short title and table of contents. consistent outcomes around the country. ingly subjected to risk of injury or death Sec. 602. Purposes. SEC. 603. EFFECTIVE DATE. greater than that allowed for research on Sec. 603. Effective date. Except as provided in sections 616(a)(2), fetuses in utero under 45 CFR 46.208(a)(2) and Subtitle A—Multifamily Housing Mortgage 633(b), and 634(b), this title and the amend- section 498(b) of the Public Health Service and Assistance Restructuring and Section ments made by this title shall take effect or Act (42 U.S.C. 289g(b)). 8 Contract Renewal are deemed to have taken effect, as appro- (b) For purposes of this section, the term Sec. 611. Definitions. priate, on the earlier of— ‘‘human embryo or embryos’’ includes any Sec. 612. Mark-to-market program amend- (1) the date of the enactment of this title; organism, not protected as a human subject ments. or under 45 CFR 46 as of the date of the enact- Sec. 613. Consistency of rent levels under en- (2) September 30, 2001. ment of this Act, that is derived by fertiliza- hanced voucher assistance and Subtitle A—Multifamily Housing Mortgage tion, parthenogenesis, cloning, or any other rent restructurings. and Assistance Restructuring and Section 8 means from one or more human gametes or Sec. 614. Eligible inclusions for renewal Contract Renewal human diploid cells. rents of partially assisted SEC. 611. DEFINITIONS. (c) Subject to the provisions in section 510 buildings. (a) and (b), Federal dollars are permitted, at Section 512 of the Multifamily Assisted Sec. 615. Eligibility of restructuring projects Housing Reform and Affordability Act of 1997 the discretion of the President, solely for the for miscellaneous housing in- purpose of stem cell research, on embryos (42 U.S.C. 1437f note) is amended by adding at surance. the end the following new paragraph: that have been created in excess of clinical Sec. 616. Technical corrections. need and will be discarded, and donated with ‘‘(19) OFFICE.—The term ‘Office’ means the the written consent of the progenitors. Subtitle B—Office of Multifamily Housing Office of Multifamily Housing Assistance Re- SEC. 511. (a) None of the funds made avail- Assistance Restructuring structuring established under section 571.’’. able in this Act may be used for any activity Sec. 621. Reauthorization of Office and ex- SEC. 612. MARK-TO-MARKET PROGRAM AMEND- that promotes the legalization of any drug or tension of program. MENTS. other substance included in schedule I of the Sec. 622. Appointment of Director. (a) FUNDING FOR TENANT AND NONPROFIT schedules of controlled substances estab- Sec. 623. Vacancy in position of Director. PARTICIPATION.—Section 514(f)(3)(A) of the

VerDate Mar 15 2010 04:06 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2001 CONGRESSIONAL RECORD — SENATE S11229 Multifamily Assisted Housing Reform and ing the inclusion of requirements regarding same dwelling units are reasonably con- Affordability Act of 1997 (42 U.S.C. 1437f note) such additional significant features under sistent and reflect rents for comparable un- is amended— such plans. assisted units in the same area as such (1) by striking ‘‘Secretary may provide not ‘‘(B) FUNDING.—Significant features added dwelling units. more than $10,000,000 annually in funding’’ pursuant to an approved mortgage restruc- ‘‘(b) RENT STANDARDS.—The rent standards and inserting ‘‘Secretary shall make avail- turing and rental assistance sufficiency plan described in this subsection are as follows: able not more than $10,000,000 annually in may be paid from the funding sources speci- ‘‘(1) ENHANCED VOUCHERS.—The payment funding, which amount shall be in addition fied in the first sentence of paragraph (1)(A). standard for enhanced voucher assistance to any amounts made available under this ‘‘(C) LIMITATION ON OWNER CONTRIBUTION.— under section 8(t) of the United States Hous- subparagraph and carried over from previous An owner of a project may not be required to ing Act of 1937 (42 U.S.C. 1437f(t)). years,’’; and contribute from non-project resources, to- ‘‘(2) MARK-TO-MARKET.—The rents derived (2) by striking ‘‘entities), and for tenant ward the cost of any additional significant from comparable properties, for purposes of services,’’ and inserting ‘‘entities), for ten- features required pursuant to this paragraph, section 514(g) of this Act. ant services, and for tenant groups, non- more than 25 percent of the amount of any ‘‘(3) CONTRACT RENEWAL.—The comparable profit organizations, and public entities de- assistance received for the inclusion of such market rents for the market area, for pur- scribed in section 517(a)(5),’’. features. poses of section 524(a)(4) of this Act.’’. (b) EXCEPTION RENTS.—Section 514(g)(2)(A) ‘‘(D) APPLICABILITY.—This paragraph shall SEC. 614. ELIGIBLE INCLUSIONS FOR RENEWAL of the Multifamily Assisted Housing Reform apply to all eligible multifamily housing RENTS OF PARTIALLY ASSISTED and Affordability Act of 1997 (42 U.S.C. 1437f projects, except projects for which the Sec- BUILDINGS. note) is amended by striking ‘‘restructured retary and the project owner executed a Section 524(a)(4)(C) of the Multifamily As- mortgages in any fiscal year’’ and inserting mortgage restructuring and rental assist- sisted Housing Reform and Affordability Act ‘‘portfolio restructuring agreements’’. ance sufficiency plan on or before the date of of 1997 (42 U.S.C. 1437f note) is amended by (c) NOTICE TO DISPLACED TENANTS.—Sec- the enactment of the Mark-to-Market Exten- adding after the period at the end the fol- tion 516(d) of the Multifamily Assisted Hous- sion Act of 2001.’’; and lowing: ‘‘Notwithstanding any other provi- ing Reform and Affordability Act of 1997 (42 (3) by inserting after paragraph (6) of sub- sion of law, the Secretary shall include in U.S.C. 1437f note) is amended by striking section (b) the following: such budget-based cost increases costs relat- ‘‘Subject to’’ and inserting the following: ‘‘(c) REHABILITATION NEEDS AND ADDITION ing to the project as a whole (including costs ‘‘(1) NOTICE TO CERTAIN RESIDENTS.—The Of- OF SIGNIFICANT FEATURES.—’’. incurred with respect to units not covered by fice shall notify any tenant that is residing (f) LOOK-BACK PROJECTS.—Section 512(2) of the contract for assistance), but only (I) if in a project or receiving assistance under the Multifamily Assisted Housing Reform inclusion of such costs is requested by the section 8 of the United States Housing Act of and Affordability Act of 1997 (42 U.S.C. 1437f owner or purchaser of the project, (II) if in- 1937 (42 U.S.C. 1437f) at the time of rejection note) is amended by adding after the period clusion of such costs will permit capital re- under this section, of such rejection, except at the end of the last sentence the following: pairs to the project or acquisition of the that the Office may delegate the responsi- ‘‘Notwithstanding any other provision of project by a nonprofit organization, and (III) bility to provide notice under this paragraph this title, the Secretary may treat a project to the extent that inclusion of such costs (or to the participating administrative entity. as an eligible multifamily housing project a portion thereof) complies with the require- ‘‘(2) ASSISTANCE AND MOVING EXPENSES.— for purposes of this title if (I) the project is ment under clause (ii).’’. Subject to’’. assisted pursuant to a contract for project- (d) RESTRUCTURING PLANS FOR TRANSFERS SEC. 615. ELIGIBILITY OF RESTRUCTURING based assistance under section 8 of the PROJECTS FOR MISCELLANEOUS OF PREPAYMENT PROJECTS.—The Multifamily United States Housing Act of 1937 renewed HOUSING INSURANCE. Assisted Housing Reform and Affordability under section 524 of this Act, (II) the owner Act of 1997 (42 U.S.C. 1437f note) is amended— Section 223(a)(7) of the National Housing consents to such treatment, and (III) the Act (12 U.S.C. 1715n(a)(7)) is amended— (1) in section 524(e), by adding at the end project met the requirements of the first the following new paragraph: (1) by striking ‘‘under this Act: Provided, sentence of this paragraph for eligibility as That the principal’’ and inserting the fol- ‘‘(3) MORTGAGE RESTRUCTURING AND RENTAL an eligible multifamily housing project be- lowing: ‘‘under this Act, or an existing mort- ASSISTANCE SUFFICIENCY PLANS.—Notwith- fore the initial renewal of the contract under gage held by the Secretary that is subject to standing paragraph (1), the owner of the section 524.’’. project may request, and the Secretary may a mortgage restructuring and rental assist- (g) SECOND MORTGAGES.—Section 517(a) of ance sufficiency plan pursuant to the Multi- consider, mortgage restructuring and rental the Multifamily Assisted Housing Reform assistance sufficiency plans to facilitate family Assisted Housing Reform and Afford- and Affordability Act of 1997 (42 U.S.C. 1437f ability Act of 1997 (42 U.S.C. 1437f note), pro- sales or transfers of properties under this note) is amended— subtitle, subject to an approved plan of ac- vided that— (1) in paragraph (1)(B), by striking ‘‘no ‘‘(A) the principal’’; tion under the Emergency Low Income Hous- more than the’’ and inserting the following: ing Preservation Act of 1987 (12 U.S.C. 1715l (2) by striking ‘‘except that (A)’’ and in- ‘‘not more than the greater of— serting ‘‘except that (i)’’; note) or the Low-Income Housing Preserva- ‘‘(i) the full or partial payment of claim tion and Resident Homeownership Act of 1990 (3) by striking ‘‘(B)’’ and inserting ‘‘(ii)’’; made under this subtitle; or (4) by striking ‘‘(C)’’ and inserting ‘‘(iii)’’; (12 U.S.C. 4101 et seq.), which plans shall re- ‘‘(ii) the’’; and sult in a sale or transfer of those prop- (5) by striking ‘‘(D)’’ and inserting ‘‘(iv)’’; (2) in paragraph (5), by inserting ‘‘of the (6) by striking ‘‘: Provided further, That a erties.’’; and second mortgage, assign the second mort- (2) in the last sentence of section 512(2), by mortgage’’ and inserting the following ‘‘; and gage to the acquiring organization or agen- ‘‘(B) a mortgage’’; inserting ‘‘, but does include a project de- cy,’’ after ‘‘terms’’. scribed in section 524(e)(3)’’ after ‘‘section (7) by striking ‘‘or’’ at the end; and (h) EXEMPTIONS FROM RESTRUCTURING.— (8) by adding at the end the following new 524(e)’’. Section 514(h)(2) of the Multifamily Assisted (e) ADDITION OF SIGNIFICANT FEATURES.— subparagraph: Housing Reform and Affordability Act of 1997 ‘‘(C) a mortgage that is subject to a mort- Section 517 of the Multifamily Assisted (42 U.S.C. 1437f note) is amended by inserting Housing Reform and Affordability Act of 1997 gage restructuring and rental assistance suf- before the semicolon the following: ‘‘, or refi- ficiency plan pursuant to the Multifamily (42 U.S.C. 1437f note) is amended— nanced pursuant to section 811 of the Amer- (1) by striking subsection (c) (except that Assisted Housing Reform and Affordability ican Homeownership and Economic Oppor- Act of 1997 (42 U.S.C. 1437f note) and is refi- the striking of such subsection may not be tunity Act of 2000 (12 U.S.C. 1701q note)’’. construed to have any effect on the provi- nanced under this paragraph may have a SEC. 613. CONSISTENCY OF RENT LEVELS UNDER term of not more than 30 years; or’’. sions of law amended by such subsection, as ENHANCED VOUCHER ASSISTANCE such subsection was in effect before the date AND RENT RESTRUCTURINGS. SEC. 616. TECHNICAL CORRECTIONS. of the enactment of this Act); Subtitle A of the Multifamily Assisted (a) EXEMPTIONS FROM RESTRUCTURING.— (2) in subsection (b)— Housing Reform and Affordability Act of 1997 (1) IN GENERAL.—Section 514(h) of the Mul- (A) in paragraph (7), by striking ‘‘(7)’’ and (42 U.S.C. 1437f note) is amended by adding at tifamily Assisted Housing Reform and Af- inserting ‘‘(1)’’; and the end the following new section: fordability Act of 1997 (42 U.S.C. 1437f note) is (B) by adding at the end the following new ‘‘SEC. 525. CONSISTENCY OF RENT LEVELS amended to read as if the amendment made paragraph: UNDER ENHANCED VOUCHER AS- by section 531(c) of Public Law 106–74 (113 ‘‘(2) ADDITION OF SIGNIFICANT FEATURES.— SISTANCE AND RENT Stat. 1116) were made to ‘‘Section 514(h)(1)’’ ‘‘(A) AUTHORITY.—An approved mortgage RESTRUCTURINGS. instead of ‘‘Section 514(h)’’. restructuring and rental assistance suffi- ‘‘(a) IN GENERAL.—The Secretary shall ex- (2) RETROACTIVE EFFECT.—The amendment ciency plan may require the improvement of amine the standards and procedures for de- made by paragraph (1) of this subsection is the project by the addition of significant fea- termining and establishing the rent stand- deemed to have taken effect on the date of tures that are not necessary for rehabilita- ards described under subsection (b). Pursu- the enactment of Public Law 106–74 (113 Stat. tion to the standard provided under para- ant to such examination, the Secretary shall 1109). graph (1), such as air conditioning, an eleva- establish procedures and guidelines that are (b) OTHER.—The Multifamily Assisted tor, and additional community space. The designed to ensure that the amounts deter- Housing Reform and Affordability Act of 1997 Secretary shall establish guidelines regard- mined by the various rent standards for the (42 U.S.C. 1437f note) is amended—

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(1) in section 511(a)(12), by striking ‘‘this in the position of Director of the Office of (b) RETROACTIVE EFFECT.—The amendment Act’’ and inserting ‘‘this title’’; Multifamily Housing Assistance Restruc- made by subsection (a) of this section is (2) in section 513, by striking ‘‘this Act’’ turing of the Department of Housing and deemed to have taken effect immediately each place such term appears in subsections Urban Development which occurs or exists after the enactment of Public Law 106–400 (a)(2)(I) and (b)(3) and inserting ‘‘this title’’; after the date of the enactment of this Act. (114 Stat. 1675). (3) in section 514(f)(3)(B), by inserting SEC. 624. OVERSIGHT BY FEDERAL HOUSING This Act may be cited as the ‘‘Depart- ‘‘Housing’’ after ‘‘Multifamily’’; COMMISSIONER. ments of Labor, Health and Human Services, (4) in section 515(c)(1)(B), by inserting ‘‘or’’ (a) IN GENERAL.—Section 578 of the Multi- and Education, and Related Agencies Appro- after the semicolon; family Assisted Housing Reform and Afford- priations Act, 2002’’. (5) in section 517(b)— ability Act of 1997 (42 U.S.C. 1437f note) is (A) in each of paragraphs (1) through (6), amended to read as follows: SA 2018. Mr. CHAFEE submitted an by capitalizing the first letter of the first ‘‘SEC. 578. OVERSIGHT BY FEDERAL HOUSING amendment intended to be proposed by word that follows the paragraph heading; COMMISSIONER. him to the bill H.R. 3061, making ap- (B) in each of paragraphs (1) through (5), by ‘‘All authority and responsibilities as- propriations for the Departments of striking the semicolon at the end and insert- signed under this subtitle to the Secretary Labor. Health and Human Services, ing a period; and shall be carried out through the Assistant and Education, and related agencies for (C) in paragraph (6), by striking ‘‘; and’’ at Secretary of the Department of Housing and the fiscal year ending September 30, the end and inserting a period; Urban Development who is the Federal Hous- 2002, and for other purposes; which was (6) in section 520(b), by striking ‘‘Banking ing Commissioner.’’. ordered to lie on the table; as follows: and’’; and (b) REPORT.—The second sentence of sec- (7) in section 573(d)(2), by striking ‘‘Bank- tion 573(b) of the Multifamily Assisted Hous- On page 56, strike lines 5 through 17, and ing and’’. ing Reform and Affordability Act of 1997 (42 insert the following: U.S.C. 1437f note) is amended by striking For carrying out programs of financial as- Subtitle B—Office of Multifamily Housing sistance to federally affected schools author- Assistance Restructuring ‘‘Secretary’’ and inserting ‘‘Assistant Sec- retary of the Department of Housing and ized by title VI of the Elementary and Sec- SEC. 621. REAUTHORIZATION OF OFFICE AND EX- ondary Education Act of 1965, as redesig- TENSION OF PROGRAM. Urban Development who is the Federal Hous- ing Commissioner’’. nated and amended by H.R. 1 of the 107th Section 579 of the Multifamily Assisted Congress, as passed by the House of Rep- Housing Reform and Affordability Act of 1997 SEC. 625. LIMITATION ON SUBSEQUENT EMPLOY- MENT. resentatives on May 23, 2001, $1,130,500,000, of (42 U.S.C. 1437f note) is amended— which $982,500,000 shall be for basic support (1) by striking subsection (a) and inserting Section 576 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 payments under section 8003(b), $50,000,000 the following new subsection: shall be for payments for children with dis- (42 U.S.C. 1437f note) is amended by striking ‘‘(a) REPEALS.— abilities under section 8003(d), $35,000,000 ‘‘2-year period’’ and inserting ‘‘1-year pe- ‘‘(1) MARK-TO-MARKET PROGRAM.—Subtitle shall be for construction under section 8007, riod’’. A (except for section 524) is repealed effec- $55,000,000 shall be for Federal property pay- tive October 1, 2006. Subtitle C—Miscellaneous Housing Program ments under section 8002, and $8,000,000, to ‘‘(2) OMHAR.—Subtitle D (except for this Amendments remain available until expended, shall be for section) is repealed effective October 1, SEC. 631. EXTENSION OF CDBG PUBLIC SERVICES facilities maintenance under section 8008. 2004.’’; CAP EXCEPTION. (2) in subsection (b), by striking ‘‘October Section 105(a)(8) of the Housing and Com- SA 2019. Mr. FEINGOLD (for himself 1, 2001’’ and inserting ‘‘October 1, 2006’’; munity Development Act of 1974 (42 U.S.C. and Ms. COLLINS) submitted an amend- (3) in subsection (c), by striking ‘‘upon 5305(a)(8)) is amended by striking ‘‘through ment intended to be proposed by him September 30, 2001’’ and inserting ‘‘at the 2001’’ and inserting ‘‘through 2003’’. to the bill H.R. 3061, making appropria- end of September 30, 2004’’; and SEC. 632. USE OF SECTION 8 ENHANCED VOUCH- tions for the Departments of Labor, (4) by striking subsection (d) and inserting ERS FOR PREPAYMENTS. the following new subsection: Section 8(t)(2) of the United States Hous- Health and Human Services, and Edu- ‘‘(d) TRANSFER OF AUTHORITY.—Effective ing Act of 1937 (42 U.S.C. 1437f(t)(2)) is cation, and related agencies for the fis- upon the repeal of subtitle D under sub- amended by inserting after ‘‘insurance con- cal year ending September 30, 2002, and section (a)(2) of this section, all authority tract for the mortgage for such housing for other purposes; which was ordered and responsibilities to administer the pro- project’’ the following: ‘‘(including any such to lie on the table; as follows: gram under subtitle A are transferred to the mortgage prepayment during fiscal year 1996 On page 44, line 19, insert before the period Secretary.’’. or a fiscal year thereafter or any insurance the following: ‘‘: Provided further, That of SEC. 622. APPOINTMENT OF DIRECTOR. contract voluntary termination during fiscal this amount, $7,500,000 shall be transferred to (a) IN GENERAL.—Section 572 of the Multi- year 1996 or a fiscal year thereafter)’’. the Rural Health Outreach Office of the family Assisted Housing Reform and Afford- SEC. 633. PREPAYMENT AND REFINANCING OF Health Resources and Services Administra- ability Act of 1997 (42 U.S.C. 1437f note) is LOANS FOR SECTION 202 SUP- tion so that a total of $12,500,000 will be amended by striking subsection (a) and in- PORTIVE HOUSING. available to such Office to improve access to serting the following new subsection: (a) IN GENERAL.—Section 811 of the Amer- automated external defibrillators in rural ‘‘(a) APPOINTMENT.—The Office shall be ican Homeownership and Economic Oppor- communities.’’. under the management of a Director, who tunity Act of 2000 (12 U.S.C. 1701q note) is shall be appointed by the President from amended by striking subsection (e). SA 2020. Mr. DOMENICI (for himself, among individuals who are citizens of the (b) EFFECTIVENESS UPON DATE OF ENACT- Mr. WELLSTONE, Mr. KENNEDY, Mr. United States and have a demonstrated un- MENT.—The amendment made by subsection REID, Ms. STABENOW, Mr. AKAKA, Mr. (a) of this section shall take effect upon the derstanding of financing and mortgage re- BAUCUS, Mr. BAYH, Mr. BENNETT, Mr. structuring for affordable multifamily hous- date of the enactment of this Act and the BIDEN, Mr. BINGAMAN, Mrs. BOXER, Mr. ing.’’. provisions of section 811 of the American (b) APPLICABILITY.—The amendment made Homeownership and Economic Opportunity BREAUX, Mr. BYRD, Ms. CANTWELL, Mrs. by subsection (a) shall apply to the first Di- Act of 2000 (12 U.S.C. 1701q note), as amended CARNAHAN, Mr. CARPER, Mr. CHAFEE, rector of the Office of Multifamily Housing by subsection (a) of this section, shall apply Mr. CLELAND, Mrs. CLINTON, Mr. COCH- Assistance Restructuring of the Department as so amended upon such date of enactment, RAN, Ms. COLLINS, Mr. CONRAD, Mr. of Housing and Urban Development ap- notwithstanding— CORZINE, Mr. DASCHLE, Mr. DAYTON, pointed after the date of the enactment of (1) any authority of the Secretary of Hous- Mr. DEWINE, Mr. DODD, Mr. DORGAN, this Act, and any such Director appointed ing and Urban Development to issue regula- Mr. DURBIN, Mr. EDWARDS, Mrs. FEIN- thereafter. tions to implement or carry out the amend- STEIN, Mr. FRIST, Mr. GRAHAM, Mr. SEC. 623. VACANCY IN POSITION OF DIRECTOR. ments made by subsection (a) of this section GRASSLEY, Mr. HARKIN, Mr. HATCH, Mr. (a) IN GENERAL.—Section 572 of the Multi- or the provisions of section 811 of the Amer- family Assisted Housing Reform and Afford- ican Homeownership and Economic Oppor- HOLLINGS, Mr. INOUYE, Mr. JEFFORDS, ability Act of 1997 (42 U.S.C. 1437f note) is tunity Act of 2000 (12 U.S.C. 1701q note); or Mr. JOHNSON, Mr. KERRY, Mr. KOHL, amended by striking subsection (b) and in- (2) any failure of the Secretary of Housing Ms. LANDRIEU, Mr. LEAHY, Mr. LEVIN, serting the following new subsection: and Urban Development to issue any such Mr. LIEBERMAN, Mrs. LINCOLN, Mr. ‘‘(b) VACANCY.—A vacancy in the position regulations authorized. LUGAR, Ms. MIKULSKI, Mr. MILLER, Mrs. of Director shall be filled by appointment in SEC. 634. TECHNICAL CORRECTION. MURRAY, Mr. NELSON of Florida, Mr. the manner provided under subsection (a). (a) IN GENERAL.—Section 101(a) of Public REED, Mr. ROBERTS, Mr. ROCKEFELLER, The President shall make such an appoint- Law 100–77 (42 U.S.C. 11301 note) is amended ment not later than 60 days after such posi- to read as if the amendment made by section Mr. SARBANES, Mr. SCHUMER, Mr. tion first becomes vacant.’’. 1 of Public Law 106–400 (114 Stat. 1675) were SHELBY, Ms. SNOWE, Mr. SPECTER, Mr. (b) APPLICABILITY.—The amendment made made to ‘‘Section 101’’ instead of ‘‘Section THOMAS, Mr. TORRICELLI, Mr. WARNER, by subsection (a) shall apply to any vacancy 1’’. Mr.

VerDate Mar 15 2010 04:06 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2001 CONGRESSIONAL RECORD — SENATE S11231 WYDEN, and Mr. STEVENS) submitted an ployer shall be based on the average number nesses unless comparable treatment limita- amendment intended to be proposed by of employees that it is reasonably expected tions or financial requirements are imposed him to the bill H.R. 3061, making ap- such employer will employ on business days on medical and surgical benefits. ‘‘(b) CONSTRUCTION.— propriations for the Departments of in the current calendar year. ‘‘(C) PREDECESSORS.—Any reference in this ‘‘(1) IN GENERAL.—Nothing in this section Labor, Health and Human Services, paragraph to an employer shall include a ref- shall be construed as requiring a group and Education, and related agencies for erence to any predecessor of such employer. health plan (or health insurance coverage of- the fiscal year ending September 30, ‘‘(d) SEPARATE APPLICATION TO EACH OP- fered in connection with such a plan) to pro- 2002, and for other purposes; which was TION OFFERED.—In the case of a group health vide any mental health benefits. ordered to lie on the table; as follows: plan that offers a participant or beneficiary ‘‘(2) MEDICAL MANAGEMENT OF MENTAL HEALTH BENEFITS.—Consistent with sub- At the appropriate place, insert the fol- two or more benefit package options under section (a), nothing in this section shall be lowing: the plan, the requirements of this section shall be applied separately with respect to construed to prevent the medical manage- TITLE ll—MENTAL HEALTH EQUITY each such option. ment of mental health benefits, including SEC. ll01. SHORT TITLE. ‘‘(e) IN-NETWORK AND OUT-OF-NETWORK through concurrent and retrospective utili- This title may be cited as the ‘‘Mental RULES.—In the case of a plan or coverage op- zation review and utilization management Health Equitable Treatment Act of 2001’’. tion that provides in-network mental health practices, preauthorization, and the applica- SEC. ll02. AMENDMENT TO THE EMPLOYEE RE- benefits, out-of-network mental health bene- tion of medical necessity and appropriate- TIREMENT INCOME SECURITY ACT fits may be provided using treatment limita- ness criteria applicable to behavioral health OF 1974. tions or financial requirements that are not and the contracting and use of a network of (a) IN GENERAL.—Section 712 of the Em- comparable to the limitations and require- participating providers. ployee Retirement Income Security Act of ments applied to medical and surgical bene- ‘‘(3) NO REQUIREMENT OF SPECIFIC SERV- 1974 (29 U.S.C. 1185a) is amended to read as fits if the plan or coverage provides such in- ICES.—Nothing in this section shall be con- follows: network mental health benefits in accord- strued as requiring a group health plan (or ‘‘SEC. 712. MENTAL HEALTH PARITY. ance with subsection (a) and provides reason- health insurance coverage offered in connec- tion with such a plan) to provide coverage ‘‘(a) IN GENERAL.—In the case of a group able access to in-network providers and fa- health plan (or health insurance coverage of- cilities. for specific mental health services, except to fered in connection with such a plan) that ‘‘(f) DEFINITIONS.—For purposes of this sec- the extent that the failure to cover such provides both medical and surgical benefits tion— services would result in a disparity between and mental health benefits, such plan or cov- ‘‘(1) FINANCIAL REQUIREMENTS.—The term the coverage of mental health and medical erage shall not impose any treatment limita- ‘financial requirements’ includes and surgical benefits. ‘‘(c) SMALL EMPLOYER EXEMPTION.— tions or financial requirements with respect deductibles, coinsurance, co-payments, other ‘‘(1) IN GENERAL.—This section shall not to the coverage of benefits for mental ill- cost sharing, and limitations on the total apply to any group health plan (and group nesses unless comparable treatment limita- amount that may be paid by a participant or health insurance coverage offered in connec- tions or financial requirements are imposed beneficiary with respect to benefits under tion with a group health plan) for any plan on medical and surgical benefits. the plan or health insurance coverage and year of any employer who employed an aver- ‘‘(b) CONSTRUCTION.— shall include the application of annual and age of at least 2 but not more than 50 em- ‘‘(1) IN GENERAL.—Nothing in this section lifetime limits. ployees on business days during the pre- shall be construed as requiring a group ‘‘(2) MEDICAL OR SURGICAL BENEFITS.—The ceding calendar year. health plan (or health insurance coverage of- term ‘medical or surgical benefits’ means ‘‘(2) APPLICATION OF CERTAIN RULES IN DE- fered in connection with such a plan) to pro- benefits with respect to medical or surgical TERMINATION OF EMPLOYER SIZE.—For pur- vide any mental health benefits. services, as defined under the terms of the poses of this subsection— ‘‘(2) MEDICAL MANAGEMENT OF MENTAL plan or coverage (as the case may be), but ‘‘(A) APPLICATION OF AGGREGATION RULE HEALTH BENEFITS.—Consistent with sub- does not include mental health benefits. FOR EMPLOYERS.—Rules similar to the rules section (a), nothing in this section shall be ‘‘(3) MENTAL HEALTH BENEFITS.—The term under subsections (b), (c), (m), and (o) of sec- construed to prevent the medical manage- ‘mental health benefits’ means benefits with tion 414 of the Internal Revenue Code of 1986 ment of mental health benefits, including respect to services, as defined under the shall apply for purposes of treating persons through concurrent and retrospective utili- terms and conditions of the plan or coverage as a single employer. zation review and utilization management (as the case may be), for all categories of ‘‘(B) EMPLOYERS NOT IN EXISTENCE IN PRE- practices, preauthorization, and the applica- mental health conditions listed in the Diag- CEDING YEAR.—In the case of an employer tion of medical necessity and appropriate- nostic and Statistical Manual of Mental Dis- which was not in existence throughout the ness criteria applicable to behavioral health orders, Fourth Edition (DSM IV–TR), or the preceding calendar year, the determination and the contracting and use of a network of most recent edition if different than the of whether such employer is a small em- participating providers. Fourth Edition, if such services are included ployer shall be based on the average number ‘‘(3) NO REQUIREMENT OF SPECIFIC SERV- as part of an authorized treatment plan that of employees that it is reasonably expected ICES.—Nothing in this section shall be con- is in accordance with standard protocols and such employer will employ on business days strued as requiring a group health plan (or such services meet the plan or issuer’s med- in the current calendar year. health insurance coverage offered in connec- ical necessity criteria. Such term does not ‘‘(C) PREDECESSORS.—Any reference in this tion with such a plan) to provide coverage include benefits with respect to the treat- paragraph to an employer shall include a ref- for specific mental health services, except to ment of substance abuse or chemical depend- erence to any predecessor of such employer. the extent that the failure to cover such ency. ‘‘(d) SEPARATE APPLICATION TO EACH OP- services would result in a disparity between ‘‘(4) TREATMENT LIMITATIONS.—The term ‘treatment limitations’ means limitations TION OFFERED.—In the case of a group health the coverage of mental health and medical plan that offers a participant or beneficiary and surgical benefits. on the frequency of treatment, number of visits or days of coverage, or other similar two or more benefit package options under ‘‘(c) SMALL EMPLOYER EXEMPTION.— the plan, the requirements of this section ‘‘(1) IN GENERAL.—This section shall not limits on the duration or scope of treatment under the plan or coverage.’’. shall be applied separately with respect to apply to any group health plan (and group each such option. (b) EFFECTIVE DATE.—The amendment health insurance coverage offered in connec- ‘‘(e) IN-NETWORK AND OUT-OF-NETWORK made by subsection (a) shall take effect on tion with a group health plan) for any plan RULES.—In the case of a plan or coverage op- January 1, 2003 and shall apply with respect year of any employer who employed an aver- tion that provides in-network mental health to plan years beginning on or after such age of at least 2 but not more than 50 em- benefits, out-of-network mental health bene- date. ployees on business days during the pre- fits may be provided using treatment limita- ceding calendar year. SEC. ll03. AMENDMENT TO THE PUBLIC tions or financial requirements that are not ‘‘(2) APPLICATION OF CERTAIN RULES IN DE- HEALTH SERVICE ACT RELATING TO comparable to the limitations and require- THE GROUP MARKET. TERMINATION OF EMPLOYER SIZE.—For pur- ments applied to medical and surgical bene- poses of this subsection— (a) IN GENERAL.—Section 2705 of the Public fits if the plan or coverage provides such in- ‘‘(A) APPLICATION OF AGGREGATION RULE Health Service Act (42 U.S.C. 300gg–5) is network mental health benefits in accord- FOR EMPLOYERS.—Rules similar to the rules amended to read as follows: ance with subsection (a) and provides reason- under subsections (b), (c), (m), and (o) of sec- ‘‘SEC. 2705. MENTAL HEALTH PARITY. able access to in-network providers and fa- tion 414 of the Internal Revenue Code of 1986 ‘‘(a) IN GENERAL.—In the case of a group cilities. shall apply for purposes of treating persons health plan (or health insurance coverage of- ‘‘(f) DEFINITIONS.—For purposes of this sec- as a single employer. fered in connection with such a plan) that tion— ‘‘(B) EMPLOYERS NOT IN EXISTENCE IN PRE- provides both medical and surgical benefits ‘‘(1) FINANCIAL REQUIREMENTS.—The term CEDING YEAR.—In the case of an employer and mental health benefits, such plan or cov- ‘financial requirements’ includes which was not in existence throughout the erage shall not impose any treatment limita- deductibles, coinsurance, co-payments, other preceding calendar year, the determination tions or financial requirements with respect cost sharing, and limitations on the total of whether such employer is a small em- to the coverage of benefits for mental ill- amount that may be paid by a participant,

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beneficiary or enrollee with respect to bene- 201 of the Social Security Act (42 U.S.C. 401), ‘‘(b) IMPORTATION.—It shall be unlawful for fits under the plan or health insurance cov- the Secretary shall transfer, not less fre- any person or entity, public or private, erage and shall include the application of an- quently than quarterly, from the general knowingly to import for any purpose an em- nual and lifetime limits. revenues of the Federal Government an bryo produced by human cloning, or any ‘‘(2) MEDICAL OR SURGICAL BENEFITS.—The amount sufficient so as to ensure that the product derived from such embryo. term ‘medical or surgical benefits’ means income and balances of such trust funds are ‘‘(c) PENALTIES.— benefits with respect to medical or surgical not reduced as a result of the enactment of ‘‘(1) CRIMINAL PENALTY.—Any person or en- services, as defined under the terms of the such title. tity that violates this section shall be fined plan or coverage (as the case may be), but under this title or imprisoned not more than does not include mental health benefits. SA 2021. Ms. COLLINS submitted an 10 years, or both. ‘‘(3) MENTAL HEALTH BENEFITS.—The term amendment intended to be proposed by ‘‘(2) CIVIL PENALTY.—Any person or entity ‘mental health benefits’ means benefits with her to the bill H.R. 3061, making appro- that violates any provision of this section respect to services, as defined under the priations for the Departments of shall be subject to, in the case of a violation terms and conditions of the plan or coverage Labor, Health and Human Services, that involves the derivation of a pecuniary (as the case may be), for all categories of and Education, and related agencies for gain, a civil penalty of not less than mental health conditions listed in the Diag- $1,000,000 and not more than an amount equal nostic and Statistical Manual of Mental Dis- the fiscal year ending September 30, to the amount of the gross gain multiplied orders, Fourth Edition (DSM IV–TR), or the 2002, and for other purposes; which was by 2, if that amount is greater than most recent edition if different than the ordered to lie on the table; as follows: $1,000,000. Fourth Edition, if such services are included On page 34, line 13, insert before the period ‘‘(d) SCIENTIFIC RESEARCH.—Nothing in this as part of an authorized treatment plan that the following: ‘‘: Provided, That from section restricts areas of scientific research is in accordance with standard protocols and amounts made available under this title for not specifically prohibited by this section, such services meet the plan or issuer’s med- the Center for Substance Abuse Treatment including research in the use of nuclear ical necessity criteria. Such term does not (discretionary account), $16,000,000 shall be transfer or other cloning techniques to include benefits with respect to the treat- used to provide grants to local non-profit produce molecules, DNA, cells other than ment of substance abuse or chemical depend- private and public entities to enable such en- human embryos, tissues, organs, plants, or ency. tities to develop and expand activities to animals other than humans.’’. ‘‘(4) TREATMENT LIMITATIONS.—The term provide substance abuse services to homeless (b) CLERICAL AMENDMENT.—The table of ‘treatment limitations’ means limitations individuals’’. chapters for part I of title 18, United States on the frequency of treatment, number of Code, is amended by inserting after the item visits or days of coverage, or other similar SA 2022. Mr. BROWNBACK submitted relating to chapter 15 the following: limits on the duration or scope of treatment an amendment intended to be proposed ‘‘16. Human Cloning ...... 301’’. under the plan or coverage.’’. by him to the bill H.R. 3061, making ap- SEC. ll03. STUDY BY GENERAL ACCOUNTING FFECTIVE ATE (b) E D .—The amendment propriations for the Departments of OFFICE. made by paragraph (1) shall take effect on Labor, Health and Human Services, (a) IN GENERAL.—The General Accounting January 1, 2003 and shall apply with respect and Education, and related agencies for Office shall conduct a study to assess the to plan years beginning on or after such need (if any) for amendment of the prohibi- date. the fiscal year ending September 30, tion on human cloning, as defined in section SEC. ll04. PREEMPTION. 2002, and for other purposes; which was ordered to lie on the table; as follows: 301 of title 18, United States Code, as added Nothing in the amendments made by this by this title, which study should include— At the appropriate place, insert the fol- title shall be construed to preempt any pro- (1) a discussion of new developments in lowing: vision of State law, with respect to health medical technology concerning human insurance coverage offered by a health insur- TITLE ll—BAN ON HUMAN CLONING cloning and somatic cell nuclear transfer, ance issuer in connection with a group SEC. ll01. SHORT TITLE. the need (if any) for somatic cell nuclear health plan, that provides protections to en- This title may be cited as the ‘‘Human transfer to produce medical advances, cur- rollees that are greater than the protections Cloning Prohibition Act of 2001’’. rent public attitudes and prevailing ethical provided under such amendments. Nothing in SEC. ll02. PROHIBITION ON HUMAN CLONING. views concerning the use of somatic cell nu- the amendments made by this title shall be (a) IN GENERAL.—Title 18, United States clear transfer, and potential legal implica- construed to affect or modify section 514 of Code, is amended by inserting after chapter tions of research in somatic cell nuclear the Employee Retirement Income Security 15, the following: transfer; and Act of 1974 (29 U.S.C. 1144). ‘‘CHAPTER 16—HUMAN CLONING (2) a review of any technological develop- SEC. ll05. GENERAL ACCOUNTING OFFICE ments that may require that technical STUDY. ‘‘Sec. ‘‘301. Definitions. changes be made to section ll02 of this (a) STUDY.—The Comptroller General shall ‘‘302. Prohibition on human cloning. title. conduct a study that evaluates the effect of ‘‘§ 301. Definitions (b) REPORT.—The General Accounting Of- the implementation of the amendments fice shall transmit to the Congress, within 4 ‘‘In this chapter: made by this title on the cost of health in- years after the date of enactment of this ‘‘(1) HUMAN CLONING.—The term ‘human surance coverage, access to health insurance Act, a report containing the findings and cloning’ means human asexual reproduction, coverage (including the availability of in- conclusions of its study, together with rec- accomplished by introducing nuclear mate- network providers), the quality of health ommendations for any legislation or admin- rial from one or more human somatic cells care, and other issues as determined appro- istrative actions which it considers appro- into a fertilized or unfertilized oocyte whose priate by the Comptroller General. priate. (b) REPORT.—Not later than 2 years after nuclear material has been removed or inac- the date of enactment of this Act, the Comp- tivated so as to produce a living organism (at any stage of development) that is geneti- SA 2023. Mr. BROWNBACK submitted troller General shall prepare and submit to an amendment intended to be proposed the appropriate committees of Congress a re- cally virtually identical to an existing or port containing the results of the study con- previously existing human organism. by him to the bill H.R. 3061, making ap- ducted under subsection (a). ‘‘(2) ASEXUAL REPRODUCTION.—The term propriations for the Department of ‘asexual reproduction’ means reproduction SEC. ll06. NO IMPACT ON SOCIAL SECURITY Labor, Health and Human Services, TRUST FUND. not initiated by the union of oocyte and and Education, and related agencies for (a) IN GENERAL.—Nothing in this title (or sperm. the fiscal year ending September 30, an amendment made by this title) shall be ‘‘(3) SOMATIC CELL.—The term ‘somatic 2002, and for other purposes; which was cell’ means a diploid cell (having a complete construed to alter or amend the Social Secu- ordered to lie on the table; as follows: rity Act (or any regulation promulgated set of chromosomes) obtained or derived At the appropriate place, insert the fol- under that Act). from a living or deceased human body at any lowing: (b) TRANSFERS.— stage of development. (1) ESTIMATE OF SECRETARY.—The Sec- ‘‘§ 302. Prohibition on human cloning SEC. ll. PROHIBITION ON THE CREATION OF HUMAN EMBRYOS FOR RESEARCH retary of the Treasury shall annually esti- ‘‘(a) IN GENERAL.—It shall be unlawful for PURPOSES. mate the impact that the enactment of this any person or entity, public or private, in or (a) IN GENERAL.—Title 18, United States title has on the income and balances of the affecting interstate commerce, knowingly— Code, is amended by inserting after chapter trust funds established under section 201 of ‘‘(1) to perform or attempt to perform 15 the following: the Social Security Act (42 U.S.C. 401). human cloning; (2) TRANSFER OF FUNDS.—If, under para- ‘‘(2) to participate in an attempt to per- ‘‘CHAPTER 16—HUMAN EMBRYO graph (1), the Secretary of the Treasury esti- form human cloning; or CREATION mates that the enactment of this title has a ‘‘(3) to ship or receive for any purpose an ‘‘Sec. negative impact on the income and balances embryo produced by human cloning or any ‘‘301. Definition. of the trust funds established under section product derived from such embryo. ‘‘302. Prohibition on the creation of human embryos for research purposes.

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‘‘§ 301. Definition ‘‘(B) INFORMATION REQUIRED.—The informa- (c) DEFINITION.—Section 401 of the Tariff ‘‘In this chapter the term ‘human embryo’ tion specified in this subparagraph is as fol- Act of 1930 (19 U.S.C. 1401) is amended by add- includes any organism not protected as a lows: ing at the end the following new subsection: human subject under part 46 of title 45, Code ‘‘(i) The port of arrival or departure, ‘‘(t) AIR CARRIER.—The term ‘air carrier’ of Federal Regulations, as of the date of en- whichever is applicable. means an air carrier transporting goods or actment of this chapter, that is derived by ‘‘(ii) The carrier code, prefix code, or, both. passengers for payment or other consider- fertilization, parthenogenesis, cloning, or ‘‘(iii) The flight or trip number. ation, including money or services ren- any other means from one or more human ‘‘(iv) The date of scheduled arrival or date dered.’’. gamates or human diploid cells. of scheduled departure, whichever is applica- (d) EFFECTIVE DATE.—The amendments ble. made by this section shall take effect 45 days ‘‘§ 302. Prohibition on the creation of human ‘‘(v) The request for permit to proceed to after the date of enactment of this Act. embryos for research purposes the destination, if applicable. SA 2025. Mr. BINGAMAN (for himself ‘‘(a) IN GENERAL.—It shall be unlawful for ‘‘(vi) The numbers and quantities from the and Mr. DOMENICI) submitted an any person or entity, public or private, in or master and house air waybill or bills of lad- affecting interstate commerce to create a amendment intended to be proposed by ing. him to the bill H.R. 3061, making ap- human embryo for research purposes. ‘‘(vii) The first port of lading of the cargo. ‘‘(b) PENALTIES.— ‘‘(viii) A description and weight of the propriations for the Departments of ‘‘(1) IN GENERAL.—Any person or entity cargo. Labor, Health and Human Services, that is convicted of violating any provision ‘‘(ix) The shippers name and address from and Education, and related agencies for of this section shall be fined under this sec- all air waybills or bills of lading. the fiscal year ending September 30, tion or imprisoned not more than 10 years, or ‘‘(x) The consignee name and address from 2002, and for other purposes; which was both. all air waybills or bills of lading. ordered to lie on the table; as follows: ‘‘(2) CIVIL PENALTY.—Any person or entity ‘‘(xi) Notice that actual boarded quantities that is convicted of violating any provision At the end of title V, add the following: are not equal to air waybill or bills of lading SEC. ll. ELECTION OF ANNUITY FOR A QUALI- of this section shall be subject to, in the case quantities. of a violation that involves the derivation of FIED MAGISTRATE JUDGE. ‘‘(xii) Transfer or transit information. (a) DEFINITION.—In this section the term a pecuniary gain, a civil penalty of not less ‘‘(xiii) Warehouse or other location of the ‘‘qualified magistrate judge’’ means any per- than $1,000,000 and not more than an amount cargo. son who— equal to the amount of the gross gain multi- ‘‘(xiv) Such other information as the Sec- (1) retired as a magistrate judge before No- plied by 2, if that amount is greater than retary, by regulation, determines is reason- vember 15, 1988; and $1,000,000. ably necessary to ensure aviation transpor- (2) on the date of filing an election under ‘‘(c) SCIENTIFIC RESEARCH.—Nothing in this tation safety pursuant to the laws enforced subsection (b)— section shall restrict areas of scientific re- or administered by the Customs Service. search not specifically prohibited by this (A) is serving as a recalled magistrate ‘‘(3) AVAILABILITY OF INFORMATION.—Infor- section.’’. judge on a full-time basis under section mation provided under paragraph (2) may be 636(h) of title 28, United States Code; and (b) CLERICAL AMENDMENT.—The table of shared with other departments and agencies (B) has completed at least 5 years of full- chapters for part I of title 18, United States of the Federal Government, including the Code, is amended by inserting after the item time recall service. Department of Transportation and the law (b) ELECTION OF ANNUITY.—The Director of relating to chapter 15 the following: enforcement agencies of the Federal Govern- the Administrative Office of the United ‘‘16. Human Embryo Creation ...... 311’’. ment, for purposes of protecting the national States Courts may accept the election of a security of the United States.’’. qualified magistrate judge to— SA 2024. Mr. DORGAN (for himself, (2) CONFORMING AMENDMENTS.—Subpara- (1) receive an annuity under section 377 of Mr. HARKIN, and Mr. HATCH) submitted graphs (A) and (C) of section 431(d)(1) of such title 28, United States Code; and an amendment intended to be proposed Act are each amended by inserting before the (2) come within the purview of section 376 by him to the bill H.R. 3061, making ap- semicolon ‘‘or subsection (b)(2)’’. of such title. propriations for the Departments of (b) PASSENGER INFORMATION.—Part II of (c) CREDIT FOR SERVICE.—Full-time recall Labor, Health and Human Services, title IV of the Tariff Act of 1930 is amended service performed by a qualified magistrate judge shall be credited for service in calcu- and Education, and related agencies for by inserting after section 431 the following new section: lating an annuity elected under this section. the fiscal year ending September 30, (d) REGULATIONS.—The Director of the Ad- ‘‘SEC. 432. PASSENGER AND CREW MANIFEST IN- 2002, and for other purposes; as follows: FORMATION REQUIRED FOR AIR ministrative Office of the United States At the end of the bill, insert the following: CARRIERS. Courts may promulgate regulations to carry out this section. TITLE ll—INFORMATION ON ‘‘(a) IN GENERAL.—For every person arriv- PASSENGERS AND CARGO ing or departing on an air carrier required to SA 2026. Ms. COLLINS (for herself, make entry or obtain clearance under the SEC. ll01. MANDATORY ADVANCED ELEC- customs laws of the United States, the pilot, Mr. CHAFEE, Mr. KERRY, and Mr. TRONIC INFORMATION FOR AIR WELLSTONE) submitted an amendment CARGO AND PASSENGERS ENTERING the master, operator, or owner of such car- THE UNITED STATES. rier (or the authorized agent of such owner intended to be proposed by her to the (a) AIR CARGO INFORMATION.— or operator) shall provide, by electronic bill H.R. 3061, making appropriations (1) IN GENERAL.—Section 431(b) of the Tar- transmission, manifest information specified for the Departments of Labor, Health iff Act of 1930 (19 U.S.C. 1431(b)) is amended— in subsection (b) in advance of such entry or and Human Services, and Education, (A) by striking ‘‘(b) PRODUCTION OF MANI- clearance in such manner, time, and form as and related agencies for the fiscal year FEST.—Any manifest’’ and inserting the fol- the Secretary shall prescribe. ending September 30, 2002, and for lowing: ‘‘(b) INFORMATION.—The information speci- other purposes; which was ordered to fied in this subsection with respect to a per- ‘‘(b) PRODUCTION OF MANIFEST.— lie on the table; as follows: ‘‘(1) IN GENERAL.—Any manifest’’; son is— (B) by indenting the margin of paragraph ‘‘(1) full name; At the end, add the following: (1), as so designated, two ems; and ‘‘(2) date of birth and citizenship; TITLE VII—MISCELLANEOUS PROVISIONS (C) by adding at the end the following new ‘‘(3) sex; SEC. 701. SENSE OF THE SENATE. paragraph: ‘‘(4) passport number and country of (a) FINDINGS.—The Senate finds the fol- ‘‘(2) ADDITIONAL INFORMATION.— issuance; lowing: ‘‘(A) IN GENERAL.—In addition to any other ‘‘(5) United States visa number or resident (1) The Low-Income Home Energy Assist- requirement under this section, every air alien card number, as applicable; ance Program (referred to in this section as carrier required to make entry or obtain ‘‘(6) passenger name record; and ‘‘LIHEAP’’) is the primary Federal program clearance under the customs laws of the ‘‘(7) such other information as the Sec- available to help low-income households, the United States, the pilot, the master, oper- retary, by regulation, determines is reason- elderly, and individuals with disabilities pay ator, or owner of such carrier (or the author- ably necessary to ensure aviation transpor- their home energy bills. ized agent of such owner or operator) shall tation safety pursuant to the laws enforced (2) Congress provided $300,000,000 in emer- provide by electronic transmission cargo or administered by the Customs Service. gency funding for LIHEAP in the Supple- manifest information specified in subpara- ‘‘(c) AVAILABILITY OF INFORMATION.—Infor- mental Appropriations Act, 2001 because reg- graph (B) in advance of such entry or clear- mation provided under this section may be ular appropriations were insufficient to help ance in such manner, time, and form as the shared with other departments and agencies States offset the increase in high utility bills Secretary shall prescribe. The Secretary of the Federal Government, including the from November 2000 through February 2001 may exclude any class of air carrier for Department of Transportation and the law (referred to in this section as the ‘‘winter of which the Secretary concludes the require- enforcement agencies of the Federal Govern- 2000’’). ments of this subparagraph are not nec- ment, for purposes of protecting the national (3) Congress directed that half of the emer- essary. security of the United States.’’. gency funding would be made available for

VerDate Mar 15 2010 04:06 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11234 CONGRESSIONAL RECORD — SENATE October 30, 2001 targeted assistance to States with the most proposed by him to the bill H.R. 3061, nished for children with elevated blood lead critical needs, and half would be given to making appropriations for the Depart- levels in accordance with prevailing guide- help States address unmet energy assistance ments of Labor, Health and Human lines of the Centers for Disease Control and needs resulting from the extraordinary price Prevention.’’. increases in home heating fuels and residen- Services, and Education, and related (c) Section 1905 of the Social Security Act tial natural gas, experienced during the win- agencies for the fiscal year ending Sep- (42 U.S.C. 1396d) is amended— ter of 2000. tember 30, 2002, and for other purposes; (1) in subsection (a)— (4) In the winter of 2000 there was a 30 per- which was ordered to lie on the table; (A) in paragraph (26), by striking ‘‘and’’ at cent increase in households receiving as follows: the end; LIHEAP assistance in large part due to the On page 43, line 23, strike ‘‘$305,000,000’’ and (B) by redesignating paragraph (27) as high price of home energy and severe weath- insert ‘‘$375,000,000, except that the amounts paragraph (28); and er. appropriated in this Act for administrative (C) by inserting after paragraph (26) the (5) In the winter of 2000, the LIHEAP pro- expenditures shall be reduced on a pro rata following new paragraph: ‘‘(27) qualified lead treatment services (as gram was only able to serve 17 percent of the basis by $70,000,000’’. 29,000,000 households eligible for LIHEAP as- defined in subsection (x)); and’’; and sistance. SA 2029. Mr. TORRICELLI submitted (2) by adding at the end the following new (6) In the winter of 2000, heating oil prices an amendment intended to be proposed subsection: were 36 percent higher than from November ‘‘(x)(1) In this subsection: 1999 through February 2000 (referred to in by him to the bill H.R. 3061, making ap- ‘‘(A) The term ‘qualified lead treatment this section as the ‘‘winter of 1999’’), and res- propriations for the Departments of services’ means the following: idential natural gas cost 42 percent more per Labor, Health and Human Services, ‘‘(i) Lead-related medical management, as cubic foot than in the winter of 1999 even and Education, and related agencies for defined in subparagraph (B). though the weather was 10 percent colder the fiscal year ending September 30, ‘‘(ii) Lead-related case management, as de- than the winter of 1999. 2002, and for other purposes; which was fined in subparagraph (C), for a child de- scribed in paragraph (2). (7) In the winter of 2000, record cold weath- ordered to lie on the table; as follows: er and high home energy bills took a finan- ‘‘(iii) Lead-related anticipatory guidance, cial toll on low-income families and the el- On page 54, between lines 15 and 16, insert as defined in subparagraph (D), provided as derly who spend, on average, 19.5 percent of the following: part of— their annual income on energy bills, as com- SEC. . It is the sense of the Senate that ‘‘(I) prenatal services; pared to 3.7 percent for all other households. the Secretary of Health and Human Services ‘‘(II) early and periodic screening, diag- (8) Families in the United States need should fund and reimburse hospitals and nostic, and treatment services (EPSDT) de- emergency LIHEAP funding to pay home en- medical facilities in New Jersey that have scribed in subsection (r) and available under ergy bills from the winter of 2000 and restore tested and treated, and continue to test and subsection (a)(4)(B) (including as described heat as the succeeding winter approaches. treat, New Jersey residents that have been and available under implementing regula- (9) More citizens will need LIHEAP assist- determined by the Centers for Disease Con- tions and guidelines) to individuals enrolled ance in fiscal year 2001 due to the recent in- trol and Prevention as at risk for exposure in the State plan under this title who have crease in unemployment and the slowing to anthrax. not attained age 21; and ‘‘(III) routine pediatric preventive services. economy. Mr. TORRICELLI submitted (10) States are being forced to draw down SA 2030. ‘‘(B) The term ‘lead-related medical man- fiscal year 2002 LIHEAP funds in order to ad- an amendment intended to be proposed agement’ means the provision and coordina- dress unmet needs from fiscal year 2001 and by him to the bill H.R. 3061, making ap- tion of the diagnostic, treatment, and follow- help low-income households pay overdue propriations for the Departments of up services provided for a child diagnosed home energy bills. Labor, Health and Human Services, with an elevated blood lead level (EBLL) (11) Emergency LIHEAP funding will pro- and Education, and related agencies for that includes— vide States with critical resources to help ‘‘(i) a clinical assessment, including a the fiscal year ending September 30, physical examination and medically indi- provide assistance to residents. 2002, and for other purposes; which was (b) SENSE OF THE SENATE.—It is the sense cated tests (in addition to diagnostic blood of the Senate that the President should im- ordered to lie on the table; as follows: lead level tests) and other diagnostic proce- mediately release the $300,000,000 in emer- On page 54, between lines 15 and 16, insert dures to determine the child’s develop- gency funding for LIHEAP provided by the the following: mental, neurological, nutritional, and hear- Supplemental Appropriations Act, 2001. SEC. ll. (a) Section 1902(a)(43)(D) of the ing status, and the extent, duration, and pos- Social Security Act (42 U.S.C. 1396a(a)(43)(D)) sible source of the child’s exposure to lead; SA 2027. Mr. GRAHAM (for himself, is amended— ‘‘(ii) repeat blood lead level tests furnished Mr. BIDEN, and Mr. LIEBERMAN) sub- (1) in clause (iii), by striking ‘‘and’’ at the when medically indicated for purposes of mitted an amendment intended to be end; monitoring the blood lead concentrations in proposed by him to the bill H.R. 3061, (2) in clause (iv), by striking the semicolon the child; making appropriations for the Depart- and inserting ‘‘, and’’; and ‘‘(iii) pharmaceutical services, including ments of Labor, Health and Human (3) by adding at the end the following new chelation agents and other drugs, vitamins, clause: and minerals prescribed for treatment of an Services, and Education, and related ‘‘(v) the number of children who are under EBLL; agencies for the fiscal year ending Sep- the age of 3 and enrolled in the State plan ‘‘(iv) medically indicated inpatient serv- tember 30, 2002, and for other purposes; under this title and the number of those chil- ices including pediatric intensive care and which was ordered to lie on the table; dren who have received a blood lead screen- emergency services; as follows: ing test;’’. ‘‘(v) medical nutrition therapy when medi- On page 34, line 13, strike ‘‘$3,073,456,000’’ (b) Section 1902(a) of the Social Security cally indicated by a nutritional assessment, and insert ‘‘$3,083,456,000: Provided, That Act (42 U.S.C. 1396a(a)) is amended— that shall be furnished by a dietitian or 10,000,000 shall be made available to carry (1) in paragraph (64), by striking ‘‘and’’ at other nutrition specialist who is authorized out subtitle C of title XXXVI of the Chil- the end; to provide such services under State law; dren’s Health Act of 2000 (and the amend- (2) in paragraph (65), by striking the period ‘‘(vi) referral— ments made by such subtitle)’’. and inserting ‘‘; and’’; and ‘‘(I) when indicated by a nutritional assess- On page 54, between lines 15 and 16, insert (3) by inserting after paragraph (65) the fol- ment, to the State agency or contractor ad- the following: lowing new paragraph: ministering the program of assistance under SEC. Amounts made available under ‘‘(66) provide that each contract entered the special supplemental nutrition program this Act for the administrative and re- into between the State and an entity (includ- for women, infants and children (WIC) under lated expenses for departmental man- ing a health insuring organization and a section 17 of the Child Nutrition Act of 1966 agement for the Department of Labor, medicaid managed care organization) that is (42 U.S.C. 1786) and coordination of clinical the Department of Health and Human responsible for the provision (directly or management with that program; and Services, and the Department of Edu- through arrangements with providers of ‘‘(II) when indicated by a clinical or devel- services) of medical assistance under the opmental assessment, to the State agency cation shall be reduced on pro rata State plan shall provide for— responsible for early intervention and spe- basis by $10,000,000, except that nothing ‘‘(A) compliance with mandatory blood cial education programs under the Individ- in this section shall be construed to lead screening requirements that are con- uals with Disabilities Education Act (20 apply to amounts made available for sistent with prevailing guidelines of the Cen- U.S.C. 1400 et seq.); and the Food and Drug Administration or ters for Disease Control and Prevention for ‘‘(vii) environmental investigation, as de- the Indian Health Service. such screening; and fined in subparagraph (E). ‘‘(B) coverage of qualified lead treatment ‘‘(C) The term ‘lead-related case manage- SA 2028. Mr. ROCKEFELLER sub- services described in section 1905(x) includ- ment’ means the coordination, provision, mitted an amendment intended to be ing diagnosis, treatment, and follow-up fur- and oversight of the nonmedical services for

VerDate Mar 15 2010 04:06 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2001 CONGRESSIONAL RECORD — SENATE S11235 a child with an EBLL necessary to achieve tive tests, equals or exceeds 15 micrograms On page 4, line 2, insert before the period reductions in the child’s blood lead levels, per deciliter, or the applicable number of the following: ‘‘:Provided further, That improve the child’s nutrition, and secure micrograms designated for such tests under $10,000,000 shall be used to provide adult em- needed resources and services to protect the prevailing guidelines of the Centers for Dis- ployment and training activities to assist in- child by a case manager trained to develop ease Control and Prevention).’’. dividuals with disabilities from New York and oversee a multi-disciplinary plan for a and New Jersey who require vocational reha- child with an EBLL or by a childhood lead SA 2031. Mr. TORRICELLI submitted bilitative services as a result of the Sep- poisoning prevention program, as defined by an amendment intended to be proposed tember 11, 2001 attack on the World Trade the Secretary. Such services include— by him to the bill H.R. 3061, making ap- Center in order to permit such individuals to ‘‘(i) assessing the child’s environmental, propriations for the Departments of return to work or maintain employment’’. nutritional, housing, family, and insurance Labor, Health and Human Services, status and identifying the family’s imme- SA 2034. Mr. TORRICELLI submitted and Education, and related agencies for diate needs to reduce lead exposure through an amendment intended to be proposed the fiscal year ending September 30, an initial home visit; by him to the bill H.R. 3061, making ap- ‘‘(ii) developing a multidisciplinary case 2002, and for other purposes; which was propriations for the Departments of management plan of action that addresses ordered to lie on the table; as follows: the provision and coordination of each of the Labor, Health and Human Services, On page 54, between lines 15 and 16, insert and Education, and related agencies for following items as appropriate— the following: ‘‘(I) determination of whether or not such SEC. . It is the sense of the Senate that the fiscal year ending September 30, services are covered under the State plan States should be authorized to use funds pro- 2002, and for other purposes; which was under this title; vided under the State children’s health in- ordered to lie on the table; as follows: ‘‘(II) lead-related medical management of surance program under title XXI of the So- On page 4, line 2, insert before the period an EBLL (including environmental inves- cial Security Act to— the following: ‘‘: That tigation); Provided further, (1) comply with mandatory blood lead $6,400,000 shall be used to provide dislocated ‘‘(III) nutrition services; screening requirements that are consistent ‘‘(IV) family lead education; worker employment and training assistance with prevailing guidelines of the Centers for under the Workforce Investment Act to air- ‘‘(V) housing; Disease Control and Prevention for such ‘‘(VI) early intervention services; port career centers (to be located with the screening; and ‘‘(VII) social services; and Port Authority of New York and New Jersey) (2) provide coverage of lead treatment to enable such centers to provide services to ‘‘(VIII) other services or programs that are services including diagnosis, treatment, and indicated by the child’s clinical status and workers in the airline and related industries follow-up furnished for children with ele- environmental, social, educational, housing, (including ground transportation and other vated blood lead levels in accordance with and other needs; businesses) who have been dislocated as a re- prevailing guidelines of the Centers for Dis- ‘‘(iii) assisting the child (and the child’s sult of the September 11, 2001 attack on the ease Control and Prevention. family) in gaining access to covered and non- World Trade Center’’. covered services in the case management Mr. TORRICELLI submitted plan developed under clause (ii); SA 2032. SA 2035. Mr. BYRD (for himself and ‘‘(iv) providing technical assistance to the an amendment intended to be proposed Mr. STEVENS) proposed an amendment provider that is furnishing lead-related med- by him to the bill H.R. 3061, making ap- to amendment SA 2020 submitted by ical management for the child; and propriations for the Departments of Mr. DOMENICI and intended to be pro- ‘‘(v) implementation and coordination of Labor, Health and Human Services, posed to the bill (H.R. 3061) making ap- the case management plan developed under and Education, and related agencies for propriations for the Departments of clause (ii) through home visits, family lead the fiscal year ending September 30, Labor, Health and Human Services, education, and referrals. 2002, and for other purposes; which was ‘‘(D) The term ‘lead-related anticipatory and Education, and related agencies for guidance’ means education and information ordered to lie on the table; as follows: the fiscal year ending September 30, for families of children and pregnant women On page 54, between lines 15 and 16, insert 2002, and for other purposes; as follows: enrolled in the State plan under this title the following: At the end of the amendment add: SEC. . It is the sense of the Senate that about prevention of childhood lead poisoning ll (a) Notwithstanding Rule 3 of the Budget the Secretary of Health and Human Services that addresses the following topics: Scorekeeping Guidelines set forth in the should establish a program to improve the ‘‘(i) The importance of lead screening tests joint explanatory statement of the com- blood lead screening rates of States for chil- and where and how to obtain such tests. mittee of conference accompanying Con- dren under the age of 3 enrolled in the med- ‘‘(ii) Identifying lead hazards in the home. ference Report 105–217, the provisions of this icaid program under which, using State-spe- ‘‘(iii) Specialized cleaning, home mainte- amendment that would have been estimated cific blood lead screening data, the Secretary nance, nutritional, and other measures to by the Office of Management and Budget as would annually pay a State an amount de- minimize the risk of childhood lead poi- changing direct spending or receipts under termined as follows: soning. section 252 of the Balanced Budget and (1) $25 per each 2 year-old child enrolled in ‘‘(iv) The rights of families under the Resi- Emergency Deficit Control Act of 1985 were the medicaid program in the State who has dential Lead-Based Paint Hazard Reduction it included in an Act other than an appro- received the minimum required (for that Act of 1992 (42 U.S.C. 4851 et seq.). priations Act shall be treated as direct age) screening blood lead level tests (cap- ‘‘(E) The term ‘environmental investiga- spending or receipts legislation, as appro- illary or venous samples) to determine the tion’ means the process of determining the priate, under section 252 of the Balanced presence of elevated blood lead levels, as es- source of a child’s exposure to lead by an in- Budget and Emergency Deficit Control Act tablished by the Centers for Disease Control dividual that is certified or registered to per- of 1985, and by the chairman of the Senate and Prevention, if the State rate for such form such investigations under State or Budget Committee, as appropriate, under the screenings exceeds 65 but does not exceed 75 local law, including the collection and anal- Congressional Budget Act. ysis of information and environmental sam- percent of all 2 year-old children in the State. ples from a child’s living environment. For SA 2036. Mr. SMITH of New Hamp- purposes of this subparagraph, a child’s liv- (2) $50 per each such child who has received shire (for himself and Mr. WARNER) ing environment includes the child’s resi- such minimum required tests if the State dence or residences, residences of frequently rate for such screenings exceeds 75 but does submitted an amendment intended to visited caretakers, relatives, and playmates, not exceed 85 percent of all 2 year-old chil- be proposed by him to the bill S. 1401, and the child’s day care site. Such investiga- dren in the State. to authorize appropriations for the De- tions shall be conducted in accordance with (3) $75 per each such child who has received partment of State and for United the standards of the Department of Housing such minimum required tests if the State States international broadcasting ac- and Urban Development for the evaluation rate for such screenings exceeds 85 percent of tivities for fiscal years 2002 and 2003, and control of lead-based paint hazards in all 2 year-old children in the State. and for other purposes; which was or- housing and in compliance with State and dered to lie on the table; as follows: local health agency standards for environ- SA 2033. Mr. TORRICELLI submitted mental investigation and reporting. an amendment intended to be proposed At the appropriate place, add the fol- ‘‘(2) For purposes of paragraph (1)(A)(ii), a by him to the bill H.R. 3061, making ap- lowing: child described in this paragraph is a child propriations for the Departments of SEC. . PAYMENT OF ANTI-TERRORISM JUDG- who— Labor, Health and Human Services, MENTS. ‘‘(A) has attained 6 months but has not at- Section 2002(a)(2)(A)(ii) of the Victims of tained 6 years of age; and and Education, and related agencies for Trafficking and Violence Protection Act of ‘‘(B) has been identified as having a blood the fiscal year ending September 30, 2000 (Public Law 106–386; 114 Stat. 1542)), is lead level that equals or exceeds 20 2002, and for other purposes; which was amended by inserting ‘‘June 6, 2000,’’ after micrograms per deciliter (or after 2 consecu- ordered to lie on the table; as follows: ‘‘March 15, 2000,’’.

VerDate Mar 15 2010 04:06 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11236 CONGRESSIONAL RECORD — SENATE October 30, 2001 SA 2037. Mr. REID (for Mr. KOHL (for (B) in subparagraph (B), by striking ‘re- COMMITTEE ON GOVERNMENTAL AFFAIRS, AND himself and Mr. COCHRAN)) proposed an port’ and inserting ‘reports’.’’. THE SUBCOMMITTEE ON INTERNATIONAL SECU- amendment to the bill H.R. 2330, mak- On page 89, after line 8, insert the fol- RITY, PROLIFERATION AND FEDERAL SERVICES ing appropriations for Agriculture, lowing: Mr. REID. Mr. President, I ask unan- ‘‘SEC. . From the amount appropriated to Rural Development, Food and Drug Ad- imous consent that the Committee on the Animal and Plant Health Inspection Governmental Affairs and the Sub- ministration, and Related Agencies Service, $300,000 shall be provided for activi- programs for the fiscal year ending ties regarding West Nile Virus, in coopera- committee on International Security, September 30, 2002, and for other pur- tion with the University of Illinois.’’. Proliferation and Federal Services be poses; as follows: On page 89, after line 8, insert the fol- authorized to meet on Tuesday, Octo- H.R. 2330, as passed by the Senate on Octo- lowing: ber 30, 2001, at 9:30 a.m., to hold a joint ber 25, 2001, is amended as follows: ‘‘SEC. . Notwithstanding any other provi- hearing entitled ‘‘Terrorism Through On page 13, line 6, strike ‘‘$542,580,000’’ and sion of law, the City of Mt. Vernon, Wash- the Mail: Protecting Postal Workers insert ‘‘$542,842,000’’. ington, shall be eligible for grants and loans and the Public.’’ On page 13, line 15, strike ‘‘$85,040,000’’ and administered by the Rural Housing Service of the United States Department of Agri- The PRESIDING OFFICER. Without insert ‘‘$84,850,000’’. objection, it is so ordered. On page 13, line 25, strike ‘‘$134,262,000’’ and culture for a period not to exceed one year insert ‘‘$134,452,000’’. from the date of enactment of this Act.’’. COMMITTEE ON HEALTH, EDUCATION, LABOR, On page 15, line 24, strike ‘‘$434,038,000’’ and AND PENSIONS insert ‘‘$433,546,000’’. SA 2038. Mrs. CLINTON submitted an Mr. REID. Mr. President, I ask unan- On page 39, line 23, after ‘‘depression’’ in- amendment intended to be proposed by imous consent that the Committee on sert the following: ‘‘(P.L. 106–387), with five her to the bill H.R. 3061, making appro- Health, Education, Labor, and Pen- percent for administration and capacity priations for the Departments of sions be authorized to meet for a hear- building in the state rural development of- Labor, Health and Human Services, fices’’. ing on the Low Income Home Energy On page 81, line 1, after ‘‘sistance’’ insert and Education, and related agencies for Assistance Program during the session ‘‘relating’’. the fiscal year ending September 30, of the Senate on Tuesday, October 30, On page 88, line 3, strike ‘‘(e)’’ and insert 2002, and for other purposes; which was 2001, at 9:30 a.m. ‘‘(c)’’. ordered to lie on the table; as follows: The PRESIDING OFFICER. Without On page 89, strike Section 757 on lines 1 On page 57, line 24, insert before the period objection, it is so ordered. through 8 and insert: the following: ‘‘:Provided further, That of the f ‘‘SEC. . In accordance with the Farmland funds made available to carry out subpart 2 Protection Program, a total of $720,000 shall of part A of title IV of the Elementary and PRIVILEGES OF THE FLOOR be made available to purchase conservation Secondary Education Act of 1965, as amended easements or other interests in land, not to Mr. HARKIN. Madam President, I by H.R. 1 as passed by the Senate on June 14, ask unanimous consent that Lisa Bern- exceed 235 acres, in Adair, Green, and Taylor 2001, $9,000,000 shall be made available to en- counties, Kentucky: Provided, That $490,000 able the Secretary of Education to award hardt of my staff, Sudip Parikh and of this amount shall be from funds made grants to local educational agencies to ad- Emma Ashburn of Senator SPECTER’s available to the Conservation Reserve En- dress the needs of children affected by ter- staff be granted the privilege of the hancement Program for the State of Ken- rorist attacks, times of war or other major floor for the duration of the consider- tucky.’’. violent or traumatic crises, including pro- On page 89, after line 8, insert the fol- ation of H.R. 3061. viding mental health services to such chil- The ACTING PRESIDENT pro tem- lowing: dren, and $1,000,000 shall be made available ‘‘SEC. . Notwithstanding any other provi- pore. Without objection, it is so or- to enable the Secretary of Education, in con- sion of law, the City of Caldwell, Idaho, shall dered. sultation with the Secretary of Health and be eligible for grants and loans administered Human Services, to develop recommenda- Mr. DURBIN. Madam President, I ask by the Rural Housing Service of the United tions and models to assist communities in unanimous consent that privileges of States Department of Agriculture for a pe- developing evacuation and parental notifica- the floor be granted to Kelly O’Brien, a riod not to exceed one year from the date of tion plans for schools and other community detailee on my staff, during the pend- enactment of this Act.’’. facilities where children gather’’. On page 89, after line 8, insert the fol- ency of H.R. 3061, the Fiscal Year 2002 lowing: Departments of Health and Human Mrs. CLINTON submitted an ‘‘SEC. . Section 8c(1) of the Agricultural SA 2039. Services, and Education and Related Marketing Agreement Act of 1937 is amended amendment intended to be proposed by Agencies Appropriations Act. by adding the following provision at the end her to the bill H.R. 3061, making appro- The PRESIDING OFFICER. Without of the penultimate sentence: priations for the Departments of objection, it is so ordered. ‘The Secretary is authorized to implement Labor, Health and Human Services, Mr. KENNEDY. Madam President, I a producer allotment program and a handler and Education, and related agencies for withholding program under the cranberry ask unanimous consent that Debra the fiscal year ending September 30, Whitman and Mahdu Chagra, two fel- marketing order in the same crop year 2002, and for other purposes; which was through informal rulemaking based on a rec- lows in my office, be given privileges of ommendation and supporting economic anal- ordered to lie on the table; as follows: the floor during the debate of this ysis submitted by the Cranberry Marketing On page 34, line 13, before the period insert: amendment. Committee. Such recommendation and anal- ‘‘:Provided, That of the funds made available The PRESIDING OFFICER. Without ysis shall be submitted by the Committee no to carry out programs of regional and na- objection, it is so ordered. later than March 1 of each year.’ ’’. tional significance in the Center for Mental On page 89, after line 8, insert the fol- Health Services under title V of the Public Mr. WELLSTONE. Madam President, lowing: Health Service Act, $5,000,000 shall be made I ask unanimous consent that Ellen ‘‘SEC. . Section 11(f) of the Richard B. available for mental health providers serving Gerrity and Cindy Conolly of my staff Russell National School Lunch Act (42 U.S.C. public safety workers affected by the ter- be allowed floor privileges for the dura- 1759a(f)) is amended by: rorist attacks of September 11, 2000’’. tion of H.R. 3061. (1) in paragraph (1)(E), by striking ‘2001’ f The PRESIDING OFFICER. Without and inserting ‘2003’; and objection, it is so ordered. (2) in paragraph (2): AUTHORITY FOR COMMITTEES TO (A) by striking subparagraph (A) and in- MEET f serting the following: AGRICULTURE, RURAL DEVELOP- ‘(A) IN GENERAL.—The Secretary shall sub- COMMITTEE ON COMMERCE, SCIENCE AND mit to the Committee on Education and the TRANSPORTATION MENT, FOOD AND DRUG ADMIN- Workforce of the House of Representatives Mr. REID. Mr. President, I ask unan- ISTRATION, AND RELATED and the Committee on Agriculture, Nutri- imous consent that the Committee on AGENCIES APPROPRIATIONS tion, and Forestry of the Senate— Commerce, Science, and Transpor- ACT, 2002 ‘(i) not later than January 1, 2003, an in- tation be authorized to meet during On October 25, 2001, the Senate terim report on the activities of the State the session of the Senate on Tuesday, agencies receiving grants under this sub- amended and passed H.R. 2330, as fol- section; and October 30, 2002, at 2:30 p.m., on the fu- lows: ‘(ii) not later than January 1, 2004, a final ture of insuring terrorism risks. Resolved, That the bill from the House of report on the activities of the State agencies The PRESIDING OFFICER. Without Representatives (H.R. 2330) entitled ‘‘An Act receiving grants under this subsection.’; and objection, it is so ordered. making appropriations for Agriculture,

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Rural Development, Food and Drug Adminis- OFFICE OF THE CHIEF FINANCIAL OFFICER OFFICE OF THE ASSISTANT SECRETARY FOR tration, and Related Agencies programs for For necessary expenses of the Office of the CONGRESSIONAL RELATIONS the fiscal year ending September 30, 2002, and Chief Financial Officer, including employment (INCLUDING TRANSFERS OF FUNDS) for other purposes.’’, do pass with the fol- pursuant to the second sentence of section For necessary salaries and expenses of the Of- lowing amendment: 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), fice of the Assistant Secretary for Congressional Strike out all after the enacting clause and of which not to exceed $10,000 is for employment Relations to carry out the programs funded by insert: under 5 U.S.C. 3109, $5,335,000: Provided, That this Act, including programs involving intergov- That the following sums are appropriated, out the Chief Financial Officer shall actively mar- ernmental affairs and liaison within the execu- of any money in the Treasury not otherwise ap- ket and expand cross-servicing activities of the tive branch, $3,684,000: Provided, That these propriated, for Agriculture, Rural Development, National Finance Center. funds may be transferred to agencies of the De- Food and Drug Administration, and Related partment of Agriculture funded by this Act to Agencies programs for the fiscal year ending OFFICE OF THE ASSISTANT SECRETARY FOR maintain personnel at the agency level: Pro- September 30, 2002, and for other purposes, ADMINISTRATION vided further, That no other funds appropriated namely: For necessary salaries and expenses of the Of- to the Department by this Act shall be available TITLE I fice of the Assistant Secretary for Administra- to the Department for support of activities of AGRICULTURAL PROGRAMS tion to carry out the programs funded by this congressional relations. PRODUCTION, PROCESSING, AND MARKETING Act, $647,000. OFFICE OF COMMUNICATIONS OFFICE OF THE SECRETARY AGRICULTURE BUILDINGS AND FACILITIES AND For necessary expenses to carry on services re- For necessary expenses of the Office of the RENTAL PAYMENTS lating to the coordination of programs involving Secretary of Agriculture, and not to exceed (INCLUDING TRANSFERS OF FUNDS) public affairs, for the dissemination of agricul- $75,000 for employment under 5 U.S.C. 3109, tural information, and the coordination of in- For payment of space rental and related costs $2,992,000: Provided, That not to exceed $11,000 formation, work, and programs authorized by pursuant to Public Law 92–313, including au- of this amount shall be available for official re- Congress in the Department, $8,894,000, includ- thorities pursuant to the 1984 delegation of au- ception and representation expenses, not other- ing employment pursuant to the second sentence thority from the Administrator of General Serv- wise provided for, as determined by the Sec- of section 706(a) of the Organic Act of 1944 (7 ices to the Department of Agriculture under 40 retary: Provided further, That none of the funds U.S.C. 2225), of which not to exceed $10,000 shall U.S.C. 486, for programs and activities of the appropriated or otherwise made available by be available for employment under 5 U.S.C. 3109, Department which are included in this Act, and this Act may be used to pay the salaries and ex- and not to exceed $2,000,000 may be used for for alterations and other actions needed for the penses of personnel of the Department of Agri- farmers’ bulletins. Department and its agencies to consolidate culture to carry out section 793(c)(1)(C) of Pub- unneeded space into configurations suitable for OFFICE OF THE INSPECTOR GENERAL lic Law 104–127: Provided further, That none of release to the Administrator of General Services, For necessary expenses of the Office of the In- the funds made available by this Act may be and for the operation, maintenance, improve- spector General, including employment pursu- used to enforce section 793(d) of Public Law 104– ment, and repair of Agriculture buildings, ant to the second sentence of section 706(a) of 127. $187,581,000, to remain available until expended: the Organic Act of 1944 (7 U.S.C. 2225), and the EXECUTIVE OPERATIONS Provided, That the Secretary of Agriculture may Inspector General Act of 1978, $70,839,000, in- CHIEF ECONOMIST transfer a share of that agency’s appropriation cluding such sums as may be necessary for con- For necessary expenses of the Chief Econo- made available by this Act to this appropriation, tracting and other arrangements with public mist, including economic analysis, risk assess- or may transfer a share of this appropriation to agencies and private persons pursuant to sec- ment, cost-benefit analysis, energy and new that agency’s appropriation to cover the costs of tion 6(a)(9) of the Inspector General Act of 1978, uses, and the functions of the World Agricul- new or replacement space for such agency, but including not to exceed $50,000 for employment tural Outlook Board, as authorized by the Agri- such transfers shall not exceed 5 percent of the under 5 U.S.C. 3109; and including not to exceed cultural Marketing Act of 1946 (7 U.S.C. 1622g), funds made available for space rental and re- $125,000 for certain confidential operational ex- and including employment pursuant to the sec- lated costs to or from this account. penses, including the payment of informants, to ond sentence of section 706(a) of the Organic be expended under the direction of the Inspector HAZARDOUS MATERIALS MANAGEMENT Act of 1944 (7 U.S.C. 2225), of which not to ex- General pursuant to Public Law 95–452 and sec- ceed $5,000 is for employment under 5 U.S.C. (INCLUDING TRANSFERS OF FUNDS) tion 1337 of Public Law 97–98. 3109, $7,648,000. For necessary expenses of the Department of OFFICE OF THE GENERAL COUNSEL NATIONAL APPEALS DIVISION Agriculture, to comply with the Comprehensive For necessary expenses of the Office of the For necessary expenses of the National Ap- Environmental Response, Compensation, and General Counsel, $32,627,000. peals Division, including employment pursuant Liability Act, 42 U.S.C. 9601 et seq., and the Re- OFFICE OF THE UNDER SECRETARY FOR to the second sentence of section 706(a) of the source Conservation and Recovery Act, 42 RESEARCH, EDUCATION AND ECONOMICS Organic Act of 1944 (7 U.S.C. 2225), of which not U.S.C. 6901 et seq., $15,665,000, to remain avail- to exceed $25,000 is for employment under 5 able until expended: Provided, That appropria- For necessary salaries and expenses of the Of- U.S.C. 3109, $12,766,000. tions and funds available herein to the Depart- fice of the Under Secretary for Research, Edu- OFFICE OF BUDGET AND PROGRAM ANALYSIS ment for Hazardous Materials Management may cation and Economics to administer the laws en- For necessary expenses of the Office of Budget be transferred to any agency of the Department acted by the Congress for the Economic Re- and Program Analysis, including employment for its use in meeting all requirements pursuant search Service, the National Agricultural Statis- pursuant to the second sentence of section to the above Acts on Federal and non-Federal tics Service, the Agricultural Research Service, 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), lands. and the Cooperative State Research, Education, and Extension Service, $573,000. of which not to exceed $5,000 is for employment DEPARTMENTAL ADMINISTRATION under 5 U.S.C. 3109, $6,978,000. ECONOMIC RESEARCH SERVICE (INCLUDING TRANSFERS OF FUNDS) OFFICE OF THE CHIEF INFORMATION OFFICER For necessary expenses of the Economic Re- For necessary expenses of the Office of the For Departmental Administration, $37,079,000, search Service in conducting economic research Chief Information Officer, including employ- to provide for necessary expenses for manage- and analysis, as authorized by the Agricultural ment pursuant to the second sentence of section ment support services to offices of the Depart- Marketing Act of 1946 (7 U.S.C. 1621–1627) and 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), ment and for general administration and dis- other laws, $67,200,000: Provided, That this ap- of which not to exceed $10,000 is for employment aster management of the Department, repairs propriation shall be available for employment under 5 U.S.C. 3109, $10,261,000. and alterations, and other miscellaneous sup- pursuant to the second sentence of section plies and expenses not otherwise provided for 706(a) of the Organic Act of 1944 (7 U.S.C. 2225). COMMON COMPUTING ENVIRONMENT and necessary for the practical and efficient NATIONAL AGRICULTURAL STATISTICS SERVICE For necessary expenses to acquire a Common work of the Department, including employment Computing Environment for the Natural Re- pursuant to the second sentence of section For necessary expenses of the National Agri- sources Conservation Service, the Farm and 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), cultural Statistics Service in conducting statis- Foreign Agricultural Service and Rural Devel- of which not to exceed $10,000 is for employment tical reporting and service work, including crop opment mission areas for information tech- under 5 U.S.C. 3109: Provided, That this appro- and livestock estimates, statistical coordination nology, systems, and services, $59,369,000, to re- priation shall be reimbursed from applicable ap- and improvements, marketing surveys, and the main available until expended, for the capital propriations in this Act for travel expenses inci- Census of Agriculture, as authorized by 7 U.S.C. asset acquisition of shared information tech- dent to the holding of hearings as required by 5 1621–1627, Public Law 105–113, and other laws, nology systems, including services as authorized U.S.C. 551–558. $113,786,000, of which up to $25,350,000 shall be by 7 U.S.C. 6915–16 and 40 U.S.C. 1421–28: Pro- available until expended for the Census of Agri- vided, That obligation of these funds shall be OUTREACH FOR SOCIALLY DISADVANTAGED culture: Provided, That this appropriation shall consistent with the Department of Agriculture FARMERS be available for employment pursuant to the sec- Service Center Modernization Plan of the coun- For grants and contracts pursuant to section ond sentence of section 706(a) of the Organic ty-based agencies, and shall be with the concur- 2501 of the Food, Agriculture, Conservation, and Act of 1944 (7 U.S.C. 2225), and not to exceed rence of the Department’s Chief Information Of- Trade Act of 1990 (7 U.S.C. 2279), $3,493,000, to $40,000 shall be available for employment under ficer. remain available until expended. 5 U.S.C. 3109.

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AGRICULTURAL RESEARCH SERVICE COOPERATIVE STATE RESEARCH, EDUCATION, AND cronesia, Northern Marianas, and American SALARIES AND EXPENSES EXTENSION SERVICE Samoa, $433,546,000, as follows: payments for co- RESEARCH AND EDUCATION ACTIVITIES operative extension work under the Smith-Lever For necessary expenses to enable the Agricul- For payments to agricultural experiment sta- Act, to be distributed under sections 3(b) and tural Research Service to perform agricultural 3(c) of said Act, and under section 208(c) of research and demonstration relating to produc- tions, for cooperative forestry and other re- search, for facilities, and for other expenses, Public Law 93–471, for retirement and employ- tion, utilization, marketing, and distribution ees’ compensation costs for extension agents and (not otherwise provided for); home economics or $542,842,000, as follows: to carry out the provi- sions of the Hatch Act (7 U.S.C. 361a–i), for costs of penalty mail for cooperative exten- nutrition and consumer use including the acqui- sion agents and State extension directors, sition, preservation, and dissemination of agri- $180,148,000; for grants for cooperative forestry research (16 U.S.C. 582a–a7), $21,884,000; for $275,940,000, of which $3,600,000 may be used to cultural information; and for acquisition of carry out Public Law 107–19; payments for ex- lands by donation, exchange, or purchase at a payments to the 1890 land-grant colleges, in- cluding Tuskegee University (7 U.S.C. 3222), tension work at the 1994 Institutions under the nominal cost not to exceed $100, and for land ex- Smith-Lever Act (7 U.S.C. 343(b)(3)), $3,273,000; changes where the lands exchanged shall be of $34,604,000, of which $1,507,496 shall be made available only for the purpose of ensuring that payments for the nutrition and family education equal value or shall be equalized by a payment program for low-income areas under section 3(d) of money to the grantor which shall not exceed each institution shall receive no less than $1,000,000; for special grants for agricultural re- of the Act, $58,566,000; payments for the pest 25 percent of the total value of the land or inter- management program under section 3(d) of the ests transferred out of Federal ownership, search (7 U.S.C. 450i(c)), $84,850,000, of which $500,000 shall be for a grant for Oklahoma State Act, $10,759,000; payments for the farm safety $999,438,000: Provided, That appropriations program under section 3(d) of the Act, hereunder shall be available for temporary em- University and its industrial partners to develop chemical and biological sensors, including chem- $4,700,000; payments to upgrade research, exten- ployment pursuant to the second sentence of sion, and teaching facilities at the 1890 land- section 706(a) of the Organic Act of 1944 (7 ical food safety sensors based on micro- optoelectronic devices and techniques (such as grant colleges, including Tuskegee University, U.S.C. 2225), and not to exceed $115,000 shall be as authorized by section 1447 of Public Law 95– available for employment under 5 U.S.C. 3109: laser diode absorption and cavity-ring-down spectroscopy with active laser illumination), 113 (7 U.S.C. 3222b), $13,500,000, to remain avail- Provided further, That appropriations here- able until expended; payments for the rural de- under shall be available for the operation and and of which $500,000 is for the Environmental Biotechnology Initiative at the University of velopment centers under section 3(d) of the Act, maintenance of aircraft and the purchase of not $1,000,000; payments for youth-at-risk programs to exceed one for replacement only: Provided Rhode Island; for special grants for agricultural research on improved pest control (7 U.S.C. under section 3(d) of the Act, $8,481,000; for further, That appropriations hereunder shall be youth farm safety education and certification available pursuant to 7 U.S.C. 2250 for the con- 450i(c)), $14,691,000; for competitive research grants (7 U.S.C. 450i(b)), $134,452,000; for the extension grants, to be awarded competitively struction, alteration, and repair of buildings under section 3(d) of the Act, $499,000; payments and improvements, but unless otherwise pro- support of animal health and disease programs (7 U.S.C. 3195), $5,098,000; for supplemental and for carrying out the provisions of the Renewable vided, the cost of constructing any one building Resources Extension Act of 1978, $5,000,000; pay- shall not exceed $375,000, except for headhouses alternative crops and products (7 U.S.C. 3319d), $898,000; for grants for research pursuant to the ments for Indian reservation agents under sec- or greenhouses which shall each be limited to tion 3(d) of the Act, $1,996,000; payments for $1,200,000, and except for 10 buildings to be con- Critical Agricultural Materials Act of 1984 (7 U.S.C. 178) and section 1472 of the Food and Ag- sustainable agriculture programs under section structed or improved at a cost not to exceed 3(d) of the Act, $4,500,000; payments for rural $750,000 each, and the cost of altering any one riculture Act of 1977 (7 U.S.C. 3318), $800,000, to remain available until expended; for the 1994 re- health and safety education as authorized by building during the fiscal year shall not exceed section 2390 of Public Law 101–624 (7 U.S.C. 2661 10 percent of the current replacement value of search program (7 U.S.C. 301 note), $998,000, to remain available until expended; for higher edu- note, 2662), $2,622,000; payments for cooperative the building or $375,000, whichever is greater: extension work by the colleges receiving the ben- Provided further, That the limitations on alter- cation graduate fellowship grants (7 U.S.C. 3152(b)(6)), $2,993,000, to remain available until efits of the second Morrill Act (7 U.S.C. 321–326 ations contained in this Act shall not apply to and 328) and Tuskegee University, $31,181,000, modernization or replacement of existing facili- expended (7 U.S.C. 2209b); for higher education challenge grants (7 U.S.C. 3152(b)(1)), $4,340,000; of which $1,724,884 shall be made available only ties at Beltsville, Maryland: Provided further, for the purpose of ensuring that each institution That appropriations hereunder shall be avail- for a higher education multicultural scholars program (7 U.S.C. 3152(b)(5)), $998,000, to re- shall receive no less than $1,000,000; and for able for granting easements at the Beltsville Ag- Federal administration and coordination includ- ricultural Research Center, including an ease- main available until expended (7 U.S.C. 2209b); for an education grants program for Hispanic- ing administration of the Smith-Lever Act, and ment to the University of Maryland to construct the Act of September 29, 1977 (7 U.S.C. 341–349), the Transgenic Animal Facility which upon serving Institutions (7 U.S.C. 3241), $3,492,000; for noncompetitive grants for the purpose of and section 1361(c) of the Act of October 3, 1980 completion shall be accepted by the Secretary as (7 U.S.C. 301 note), and to coordinate and pro- a gift: Provided further, That the foregoing limi- carrying out all provisions of 7 U.S.C. 3242 (Sec- tion 759 of Public Law 106–78) to individual eli- vide program leadership for the extension work tations shall not apply to replacement of build- of the Department and the several States and ings needed to carry out the Act of April 24, 1948 gible institutions or consortia of eligible institu- tions in Alaska and in Hawaii, with funds insular possessions, $11,529,000: Provided, That (21 U.S.C. 113a): Provided further, That funds funds hereby appropriated pursuant to section may be received from any State, other political awarded equally to each of the States of Alaska and Hawaii, $3,000,000; for a secondary agri- 3(c) of the Act of June 26, 1953, and section 506 subdivision, organization, or individual for the of the Act of June 23, 1972, shall not be paid to purpose of establishing or operating any re- culture education program and 2-year post-sec- ondary education (7 U.S.C. 3152(h)), $1,000,000; any State, the District of Columbia, Puerto search facility or research project of the Agri- Rico, Guam, or the Virgin Islands, Micronesia, cultural Research Service, as authorized by law. for aquaculture grants (7 U.S.C. 3322), $4,000,000; for sustainable agriculture research Northern Marianas, and American Samoa prior None of the funds in the foregoing paragraph and education (7 U.S.C. 5811), $13,000,000; for a to availability of an equal sum from non-Fed- shall be available to carry out research related program of capacity building grants (7 U.S.C. eral sources for expenditure during the current to the production, processing or marketing of to- 3152(b)(4)) to colleges eligible to receive funds fiscal year. bacco or tobacco products. under the Act of August 30, 1890 (7 U.S.C. 321– INTEGRATED ACTIVITIES In fiscal year 2002, the agency is authorized to 326 and 328), including Tuskegee University, For the integrated research, education, and charge fees, commensurate with the fair market $9,479,000, to remain available until expended (7 extension competitive grants programs, includ- value, for any permit, easement, lease, or other U.S.C. 2209b); for payments to the 1994 Institu- ing necessary administrative expenses, as au- special use authorization for the occupancy or tions pursuant to section 534(a)(1) of Public thorized under section 406 of the Agricultural use of land and facilities (including land and Law 103–382, $1,549,000; and for necessary ex- Research, Extension, and Education Reform Act facilities at the Beltsville Agricultural Research penses of Research and Education Activities, of of 1998 (7 U.S.C. 7626), $42,350,000, as follows: Center) issued by the agency, as authorized by which not to exceed $100,000 shall be for employ- payments for the water quality program, law, and such fees shall be credited to this ac- ment under 5 U.S.C. 3109, $20,568,000. $12,971,000; payments for the food safety pro- count, and shall remain available until ex- None of the funds in the foregoing paragraph gram, $14,967,000; payments for the national ag- pended for authorized purposes. shall be available to carry out research related riculture pesticide impact assessment program, BUILDINGS AND FACILITIES to the production, processing or marketing of to- $4,531,000; payments for the Food Quality Pro- For acquisition of land, construction, repair, bacco or tobacco products: Provided, That this tection Act risk mitigation program for major improvement, extension, alteration, and pur- paragraph shall not apply to research on the food crop systems, $4,889,000; payments for the chase of fixed equipment or facilities as nec- medical, biotechnological, food, and industrial crops affected by Food Quality Protection Act essary to carry out the agricultural research uses of tobacco. implementation, $1,497,000; payments for the programs of the Department of Agriculture, NATIVE AMERICAN INSTITUTIONS ENDOWMENT methyl bromide transition program, $2,495,000; where not otherwise provided, $99,625,000, to re- FUND and payments for the organic transition pro- main available until expended (7 U.S.C. 2209b): For the Native American Institutions Endow- gram, $1,000,000. Provided, That funds may be received from any ment Fund authorized by Public Law 103–382 (7 OFFICE OF THE UNDER SECRETARY FOR State, other political subdivision, organization, U.S.C. 301 note), $7,100,000. MARKETING AND REGULATORY PROGRAMS or individual for the purpose of establishing any EXTENSION ACTIVITIES For necessary salaries and expenses of the Of- research facility of the Agricultural Research For payments to States, the District of Colum- fice of the Under Secretary for Marketing and Service, as authorized by law. bia, Puerto Rico, Guam, the Virgin Islands, Mi- Regulatory Programs to administer programs

VerDate Mar 15 2010 04:06 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2001 CONGRESSIONAL RECORD — SENATE S11239 under the laws enacted by the Congress for the ized by 7 U.S.C. 428a, $5,189,000, to remain ceeded by up to 10 percent with notification to Animal and Plant Health Inspection Service; the available until expended. the Committees on Appropriations of both Agricultural Marketing Service; and the Grain AGRICULTURAL MARKETING SERVICE Houses of Congress. Inspection, Packers and Stockyards Administra- MARKETING SERVICES OFFICE OF THE UNDER SECRETARY FOR FOOD tion; $654,000. For necessary expenses to carry out services SAFETY ANIMAL AND PLANT HEALTH INSPECTION SERVICE related to consumer protection, agricultural For necessary salaries and expenses of the Of- SALARIES AND EXPENSES marketing and distribution, transportation, and fice of the Under Secretary for Food Safety to administer the laws enacted by the Congress for (INCLUDING TRANSFERS OF FUNDS) regulatory programs, as authorized by law, and for administration and coordination of pay- the Food Safety and Inspection Service, For expenses, not otherwise provided for, in- $476,000. cluding those pursuant to the Act of February ments to States, including field employment pur- 28, 1947 (21 U.S.C. 114b–c), necessary to prevent, suant to the second sentence of section 706(a) of FOOD SAFETY AND INSPECTION SERVICE control, and eradicate pests and plant and ani- the Organic Act of 1944 (7 U.S.C. 2225) and not For necessary expenses to carry out services mal diseases; to carry out inspection, quar- to exceed $90,000 for employment under 5 U.S.C. authorized by the Federal Meat Inspection Act, antine, and regulatory activities; to discharge 3109, $71,430,000, including funds for the whole- the Poultry Products Inspection Act, and the the authorities of the Secretary of Agriculture sale market development program for the design Egg Products Inspection Act, including not to under the Acts of March 2, 1931 (46 Stat. 1468) and development of wholesale and farmer mar- exceed $50,000 for representation allowances and and December 22, 1987 (101 Stat. 1329–1331) (7 ket facilities for the major metropolitan areas of for expenses pursuant to section 8 of the Act ap- U.S.C. 426–426c); and to protect the environ- the country: Provided, That this appropriation proved August 3, 1956 (7 U.S.C. 1766), ment, as authorized by law, $602,754,000, of shall be available pursuant to law (7 U.S.C. $715,747,000, of which no less than $608,730,000 which $4,096,000 shall be available for the con- 2250) for the alteration and repair of buildings shall be available for Federal food inspection; trol of outbreaks of insects, plant diseases, ani- and improvements, but the cost of altering any and in addition, $1,000,000 may be credited to mal diseases and for control of pest animals and one building during the fiscal year shall not ex- this account from fees collected for the cost of birds to the extent necessary to meet emergency ceed 10 percent of the current replacement value laboratory accreditation as authorized by sec- conditions; of which $79,157,000 shall be used for of the building. tion 1017 of Public Law 102–237: Provided, That the boll weevil eradication program for cost Fees may be collected for the cost of standard- this appropriation shall be available for field share purposes or for debt retirement for active ization activities, as established by regulation employment pursuant to the second sentence of eradication zones: Provided, That no funds pursuant to law (31 U.S.C. 9701). section 706(a) of the Organic Act of 1944 (7 shall be used to formulate or administer a bru- LIMITATION ON ADMINISTRATIVE EXPENSES U.S.C. 2225), and not to exceed $75,000 shall be cellosis eradication program for the current fis- Not to exceed $60,596,000 (from fees collected) available for employment under 5 U.S.C. 3109: cal year that does not require minimum match- shall be obligated during the current fiscal year Provided further, That this appropriation shall ing by the States of at least 40 percent: Provided for administrative expenses: Provided, That if be available pursuant to law (7 U.S.C. 2250) for further, That this appropriation shall be avail- crop size is understated and/or other uncontrol- the alteration and repair of buildings and im- able for field employment pursuant to the sec- lable events occur, the agency may exceed this provements, but the cost of altering any one ond sentence of section 706(a) of the Organic limitation by up to 10 percent with notification building during the fiscal year shall not exceed Act of 1944 (7 U.S.C. 2225), and not to exceed to the Committees on Appropriations of both 10 percent of the current replacement value of $40,000 shall be available for employment under Houses of Congress. the building. 5 U.S.C. 3109: Provided further, That this ap- FUNDS FOR STRENGTHENING MARKETS, INCOME, OFFICE OF THE UNDER SECRETARY FOR FARM propriation shall be available for the operation AND SUPPLY (SECTION 32) AND FOREIGN AGRICULTURAL SERVICES and maintenance of aircraft and the purchase (INCLUDING TRANSFERS OF FUNDS) For necessary salaries and expenses of the Of- of not to exceed four, of which two shall be for Funds available under section 32 of the Act of fice of the Under Secretary for Farm and For- replacement only: Provided further, That, in ad- August 24, 1935 (7 U.S.C. 612c), shall be used eign Agricultural Services to administer the laws dition, in emergencies which threaten any seg- only for commodity program expenses as author- enacted by Congress for the Farm Service Agen- ment of the agricultural production industry of ized therein, and other related operating ex- cy, the Foreign Agricultural Service, the Risk this country, the Secretary may transfer from penses, except for: (1) transfers to the Depart- Management Agency, and the Commodity Credit other appropriations or funds available to the ment of Commerce as authorized by the Fish Corporation, $606,000. agencies or corporations of the Department such and Wildlife Act of August 8, 1956; (2) transfers FARM SERVICE AGENCY sums as may be deemed necessary, to be avail- otherwise provided in this Act; and (3) not more SALARIES AND EXPENSES able only in such emergencies for the arrest and than $13,874,000 for formulation and administra- (INCLUDING TRANSFERS OF FUNDS) eradication of contagious or infectious disease tion of marketing agreements and orders pursu- For necessary expenses for carrying out the or pests of animals, poultry, or plants, and for ant to the Agricultural Marketing Agreement administration and implementation of programs expenses in accordance with the Act of Feb- Act of 1937 and the Agricultural Act of 1961. administered by the Farm Service Agency, ruary 28, 1947, and section 102 of the Act of Sep- PAYMENTS TO STATES AND POSSESSIONS tember 21, 1944, and any unexpended balances $939,030,000: Provided, That the Secretary is au- For payments to departments of agriculture, of funds transferred for such emergency pur- thorized to use the services, facilities, and au- bureaus and departments of markets, and simi- poses in the preceding fiscal year shall be thorities (but not the funds) of the Commodity lar agencies for marketing activities under sec- merged with such transferred amounts: Provided Credit Corporation to make program payments tion 204(b) of the Agricultural Marketing Act of further, That appropriations hereunder shall be for all programs administered by the Agency: 1946 (7 U.S.C. 1623(b)), $1,347,000. available pursuant to law (7 U.S.C. 2250) for the Provided further, That other funds made avail- repair and alteration of leased buildings and im- GRAIN INSPECTION, PACKERS AND STOCKYARDS able to the Agency for authorized activities may provements, but unless otherwise provided the ADMINISTRATION be advanced to and merged with this account: cost of altering any one building during the fis- SALARIES AND EXPENSES Provided further, That these funds shall be cal year shall not exceed 10 percent of the cur- For necessary expenses to carry out the provi- available for employment pursuant to the sec- rent replacement value of the building. sions of the United States Grain Standards Act, ond sentence of section 706(a) of the Organic In fiscal year 2002, the agency is authorized to for the administration of the Packers and Stock- Act of 1944 (7 U.S.C. 2225), and not to exceed collect fees to cover the total costs of providing yards Act, for certifying procedures used to pro- $1,000,000 shall be available for employment technical assistance, goods, or services requested tect purchasers of farm products, and the stand- under 5 U.S.C. 3109. by States, other political subdivisions, domestic ardization activities related to grain under the STATE MEDIATION GRANTS and international organizations, foreign govern- Agricultural Marketing Act of 1946, including For grants pursuant to section 502(b) of the ments, or individuals, provided that such fees field employment pursuant to the second sen- Agricultural Credit Act of 1987 (7 U.S.C. 5101– are structured such that any entity’s liability tence of section 706(a) of the Organic Act of 1944 5106), $3,993,000. for such fees is reasonably based on the tech- (7 U.S.C. 2225), and not to exceed $25,000 for em- DAIRY INDEMNITY PROGRAM nical assistance, goods, or services provided to ployment under 5 U.S.C. 3109, $34,000,000: Pro- (INCLUDING TRANSFER OF FUNDS) the entity by the agency, and such fees shall be vided, That this appropriation shall be available For necessary expenses involved in making in- credited to this account, to remain available pursuant to law (7 U.S.C. 2250) for the alter- demnity payments to dairy farmers for milk or until expended, without further appropriation, ation and repair of buildings and improvements, cows producing such milk and manufacturers of for providing such assistance, goods, or services. but the cost of altering any one building during dairy products who have been directed to re- Of the total amount available under this the fiscal year shall not exceed 10 percent of the move their milk or dairy products from commer- heading in fiscal year 2002, $84,813,000 shall be current replacement value of the building. cial markets because it contained residues of derived from user fees deposited in the Agricul- LIMITATION ON INSPECTION AND WEIGHING chemicals registered and approved for use by the tural Quarantine Inspection User Fee Account. SERVICES EXPENSES Federal Government, and in making indemnity BUILDINGS AND FACILITIES Not to exceed $42,463,000 (from fees collected) payments for milk, or cows producing such milk, For plans, construction, repair, preventive shall be obligated during the current fiscal year at a fair market value to any dairy farmer who maintenance, environmental support, improve- for inspection and weighing services: Provided, is directed to remove his milk from commercial ment, extension, alteration, and purchase of That if grain export activities require additional markets because of: (1) the presence of products fixed equipment or facilities, as authorized by 7 supervision and oversight, or other uncontrol- of nuclear radiation or fallout if such contami- U.S.C. 2250, and acquisition of land as author- lable factors occur, this limitation may be ex- nation is not due to the fault of the farmer; or

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(2) residues of chemicals or toxic substances not FEDERAL CROP INSURANCE CORPORATION FUND That $5,000,000 shall be available to carry out a included under the first sentence of the Act of For payments as authorized by section 516 of pilot program in cooperation with the Fish and August 13, 1968 (7 U.S.C. 450j), if such chemicals the Federal Crop Insurance Act, such sums as Wildlife Service of the Department of the Inte- or toxic substances were not used in a manner may be necessary, to remain available until ex- rior to determine migratory bird harvest, includ- contrary to applicable regulations or labeling pended (7 U.S.C. 2209b). ing population monitoring, harvest information, instructions provided at the time of use and the COMMODITY CREDIT CORPORATION FUND and field operations. contamination is not due to the fault of the WATERSHED SURVEYS AND PLANNING REIMBURSEMENT FOR NET REALIZED LOSSES farmer, $100,000, to remain available until ex- For necessary expenses to conduct research, pended (7 U.S.C. 2209b): Provided, That none of For fiscal year 2002, such sums as may be nec- investigation, and surveys of watersheds of riv- the funds contained in this Act shall be used to essary to reimburse the Commodity Credit Cor- ers and other waterways, and for small water- make indemnity payments to any farmer whose poration for net realized losses sustained, but shed investigations and planning, in accordance milk was removed from commercial markets as a not previously reimbursed, pursuant to section 2 with the Watershed Protection and Flood Pre- result of the farmer’s willful failure to follow of the Act of August 17, 1961 (15 U.S.C. 713a–11). vention Act approved August 4, 1954 (16 U.S.C. procedures prescribed by the Federal Govern- OPERATIONS AND MAINTENANCE FOR HAZARDOUS 1001–1009), $10,960,000: Provided, That this ap- ment: Provided further, That this amount shall WASTE MANAGEMENT propriation shall be available for employment be transferred to the Commodity Credit Corpora- (LIMITATION ON EXPENSES) pursuant to the second sentence of section tion: Provided further, That the Secretary is au- For fiscal year 2002, the Commodity Credit 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), thorized to utilize the services, facilities, and Corporation shall not expend more than and not to exceed $110,000 shall be available for authorities of the Commodity Credit Corporation $5,000,000 for site investigation and cleanup ex- employment under 5 U.S.C. 3109. for the purpose of making dairy indemnity dis- penses, and operations and maintenance ex- WATERSHED AND FLOOD PREVENTION OPERATIONS bursements. penses to comply with the requirement of section For necessary expenses to carry out preventive AGRICULTURAL CREDIT INSURANCE FUND 107(g) of the Comprehensive Environmental Re- measures, including but not limited to research, PROGRAM ACCOUNT sponse, Compensation, and Liability Act, 42 engineering operations, methods of cultivation, (INCLUDING TRANSFERS OF FUNDS) U.S.C. 9607(g), and section 6001 of the Resource the growing of vegetation, rehabilitation of ex- For gross obligations for the principal amount Conservation and Recovery Act, 42 U.S.C. 6961. isting works and changes in use of land, in ac- of direct and guaranteed loans as authorized by TITLE II cordance with the Watershed Protection and 7 U.S.C. 1928–1929, to be available from funds in CONSERVATION PROGRAMS Flood Prevention Act approved August 4, 1954 the Agricultural Credit Insurance Fund, as fol- (16 U.S.C. 1001–1005 and 1007–1009), the provi- OFFICE OF THE UNDER SECRETARY FOR NATURAL lows: farm ownership loans, $1,146,996,000, of sions of the Act of April 27, 1935 (16 U.S.C. 590a– RESOURCES AND ENVIRONMENT which $1,000,000,000 shall be for guaranteed f), and in accordance with the provisions of loans; operating loans, $2,616,729,000, of which For necessary salaries and expenses of the Of- laws relating to the activities of the Department, $1,500,000,000 shall be for unsubsidized guaran- fice of the Under Secretary for Natural Re- $100,413,000, to remain available until expended teed loans and $505,531,000 shall be for sub- sources and Environment to administer the laws (7 U.S.C. 2209b) (of which up to $15,000,000 may sidized guaranteed loans; Indian tribe land ac- enacted by the Congress for the Forest Service be available for the watersheds authorized quisition loans as authorized by 25 U.S.C. 488, and the Natural Resources Conservation Serv- under the Flood Control Act approved June 22, $2,000,000; for emergency insured loans, ice, $730,000. 1936 (33 U.S.C. 701 and 16 U.S.C. 1006a)): Pro- $25,000,000 to meet the needs resulting from nat- NATURAL RESOURCES CONSERVATION SERVICE vided, That not to exceed $45,514,000 of this ap- ural disasters; and for boll weevil eradication CONSERVATION OPERATIONS propriation shall be available for technical as- program loans as authorized by 7 U.S.C. 1989, For necessary expenses for carrying out the sistance: Provided further, That this appropria- $100,000,000. provisions of the Act of April 27, 1935 (16 U.S.C. tion shall be available for employment pursuant For the cost of direct and guaranteed loans, 590a–f), including preparation of conservation to the second sentence of section 706(a) of the including the cost of modifying loans as defined plans and establishment of measures to conserve Organic Act of 1944 (7 U.S.C. 2225), and not to in section 502 of the Congressional Budget Act soil and water (including farm irrigation and exceed $200,000 shall be available for employ- of 1974, as follows: farm ownership loans, land drainage and such special measures for soil ment under 5 U.S.C. 3109: Provided further, $8,366,000, of which $4,500,000 shall be for guar- and water management as may be necessary to That not to exceed $1,000,000 of this appropria- anteed loans; operating loans, $175,780,000, of prevent floods and the siltation of reservoirs and tion is available to carry out the purposes of the which $52,650,000 shall be for unsubsidized to control agricultural related pollutants); oper- Endangered Species Act of 1973 (Public Law 93– guaranteed loans and $68,550,000 shall be for ation of conservation plant materials centers; 205), including cooperative efforts as con- subsidized guaranteed loans; Indian tribe land classification and mapping of soil; dissemination templated by that Act to relocate endangered or acquisition loans as authorized by 25 U.S.C. 488, of information; acquisition of lands, water, and threatened species to other suitable habitats as $118,400; and for emergency insured loans, interests therein for use in the plant materials may be necessary to expedite project construc- $3,362,500 to meet the needs resulting from nat- program by donation, exchange, or purchase at tion. ural disasters. a nominal cost not to exceed $100 pursuant to WATERSHED REHABILITATION PROGRAM In addition, for administrative expenses nec- the Act of August 3, 1956 (7 U.S.C. 428a); pur- For necessary expenses to carry out rehabili- essary to carry out the direct and guaranteed chase and erection or alteration or improvement tation of structural measures, in accordance loan programs, $280,595,000, of which of permanent and temporary buildings; and op- with section 14 of the Watershed Protection and $272,595,000 shall be transferred to and merged eration and maintenance of aircraft, Flood Prevention Act approved August 4, 1954 with the appropriation for ‘‘Farm Service Agen- $807,454,000, to remain available until expended (16 U.S.C. 1001 et seq.), as amended by section cy, Salaries and Expenses’’. 313 of Public Law 106–472, November 9, 2000 (16 Funds appropriated by this Act to the Agri- (7 U.S.C. 2209b), of which not less than U.S.C. 1012), and in accordance with the provi- cultural Credit Insurance Program Account for $8,515,000 is for snow survey and water fore- sions of laws relating to the activities of the De- farm ownership and operating direct loans and casting, and not less than $9,849,000 is for oper- partment, $10,000,000, to remain available until guaranteed loans may be transferred among ation and establishment of the plant materials expended. these programs with the prior approval of the centers: Provided, That appropriations here- RESOURCE CONSERVATION AND DEVELOPMENT Committees on Appropriations of both Houses of under shall be available pursuant to 7 U.S.C. For necessary expenses in planning and car- Congress. 2250 for construction and improvement of build- ings and public improvements at plant materials rying out projects for resource conservation and RISK MANAGEMENT AGENCY centers, except that the cost of alterations and development and for sound land use pursuant to For administrative and operating expenses, as improvements to other buildings and other pub- the provisions of section 32(e) of title III of the authorized by the Federal Agriculture Improve- lic improvements shall not exceed $250,000: Pro- Bankhead-Jones Farm Tenant Act (7 U.S.C. ment and Reform Act of 1996 (7 U.S.C. 6933), vided further, That when buildings or other 1010–1011; 76 Stat. 607); the Act of April 27, 1935 $73,752,000: Provided, That not to exceed $700 structures are erected on non-Federal land, that (16 U.S.C. 590a–f); and the Agriculture and shall be available for official reception and rep- the right to use such land is obtained as pro- Food Act of 1981 (16 U.S.C. 3451–3461), resentation expenses, as authorized by 7 U.S.C. vided in 7 U.S.C. 2250a: Provided further, That $48,048,000, to remain available until expended 1506(i). this appropriation shall be available for tech- (7 U.S.C. 2209b): Provided, That this appropria- CORPORATIONS nical assistance and related expenses to carry tion shall be available for employment pursuant The following corporations and agencies are out programs authorized by section 202(c) of to the second sentence of section 706(a) of the hereby authorized to make expenditures, within title II of the Colorado River Basin Salinity Organic Act of 1944 (7 U.S.C. 2225), and not to the limits of funds and borrowing authority Control Act of 1974 (43 U.S.C. 1592(c)): Provided exceed $50,000 shall be available for employment available to each such corporation or agency further, That this appropriation shall be avail- under 5 U.S.C. 3109. and in accord with law, and to make contracts able for employment pursuant to the second sen- FORESTRY INCENTIVES PROGRAM and commitments without regard to fiscal year tence of section 706(a) of the Organic Act of 1944 For necessary expenses, not otherwise pro- limitations as provided by section 104 of the (7 U.S.C. 2225), and not to exceed $25,000 shall vided for, to carry out the program of forestry Government Corporation Control Act as may be be available for employment under 5 U.S.C. 3109: incentives, as authorized by the Cooperative necessary in carrying out the programs set forth Provided further, That qualified local engineers Forestry Assistance Act of 1978 (16 U.S.C. 2101), in the budget for the current fiscal year for such may be temporarily employed at per diem rates including technical assistance and related ex- corporation or agency, except as hereinafter to perform the technical planning work of the penses, $7,811,000, to remain available until ex- provided. Service (16 U.S.C. 590e–2): Provided further, pended, as authorized by that Act.

VerDate Mar 15 2010 04:06 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2001 CONGRESSIONAL RECORD — SENATE S11241 TITLE III to exceed $24,000,000 shall be for water and subsidized guaranteed loans; $32,324,000 for sec- RURAL DEVELOPMENT PROGRAMS waste disposal systems for rural and native vil- tion 504 housing repair loans; $99,770,000 for sec- lages in Alaska pursuant to section 306D of such tion 538 guaranteed multi-family housing loans; OFFICE OF THE UNDER SECRETARY FOR RURAL Act, with up to one percent available to admin- $114,068,000 for section 515 rental housing; DEVELOPMENT ister the program and up to one percent avail- $5,090,000 for section 524 site loans; $11,778,000 For necessary salaries and expenses of the Of- able to improve interagency coordination may be for credit sales of acquired property, of which fice of the Under Secretary for Rural Develop- transferred to and merged with the appropria- up to $1,778,000 may be for multi-family credit ment to administer programs under the laws en- tion for ‘‘Rural Development, Salaries and Ex- sales; and $5,000,000 for section 523 self-help acted by the Congress for the Rural Housing penses’’; not to exceed $17,215,000 shall be for housing land development loans. Service, the Rural Business-Cooperative Service, technical assistance grants for rural water and For the cost of direct and guaranteed loans, and the Rural Utilities Service of the Depart- waste systems pursuant to section 306(a)(14) of including the cost of modifying loans, as defined ment of Agriculture, $623,000. such Act; and not to exceed $9,500,000 shall be in section 502 of the Congressional Budget Act RURAL COMMUNITY ADVANCEMENT PROGRAM for contracting with qualified national organi- of 1974, as follows: section 502 loans, $184,274,000 (INCLUDING TRANSFERS OF FUNDS) zations for a circuit rider program to provide of which $40,166,000 shall be for unsubsidized For the cost of direct loans, loan guarantees, technical assistance for rural water systems: guaranteed loans; section 504 housing repair and grants, as authorized by 7 U.S.C. 1926, Provided further, That of the total amount ap- loans, $10,386,000; section 538 multi-family hous- 1926a, 1926c, 1926d, and 1932, except for sections propriated, not to exceed $37,624,000 shall be ing guaranteed loans, $3,921,000; section 515 381E–H, 381N, and 381O of the Consolidated available through June 30, 2002, for authorized rental housing, $48,274,000; section 524 site Farm and Rural Development Act, empowerment zones and enterprise communities loans, $28,000; multi-family credit sales of ac- $1,004,125,000, to remain available until ex- and communities designated by the Secretary of quired property, $750,000; and section 523 self- pended, of which $83,903,000 shall be for rural Agriculture as Rural Economic Area Partner- help housing land development loans, $254,000: community programs described in section ship Zones, of which $1,163,000 shall be for the Provided, That of the total amount appro- 381E(d)(1) of such Act; of which $842,254,000 rural community programs described in section priated in this paragraph, $11,656,000 shall be shall be for the rural utilities programs de- 381E(d)(1) of such Act, of which $27,431,000 shall available through June 30, 2002, for authorized scribed in sections 381E(d)(2), 306C(a)(2), and be for the rural utilities programs described in empowerment zones and enterprise communities 306D of such Act; and of which $77,968,000 shall section 381E(d)(2) of such Act, and of which and communities designated by the Secretary of be for the rural business and cooperative devel- $9,030,000 shall be for the rural business and co- Agriculture as Rural Economic Area Partner- opment programs described in sections operative development programs described in ship Zones. 381E(d)(3) and 310B(f) of such Act: Provided, section 381E(d)(3) of such Act: Provided further, In addition, for administrative expenses nec- That of the total amount appropriated in this That of the amount appropriated for rural com- essary to carry out the direct and guaranteed account, $24,000,000 shall be for loans and munity programs, not to exceed $25,000,000 shall loan programs, $422,241,000, which shall be grants to benefit Federally Recognized Native be to provide grants for facilities in rural com- transferred to and merged with the appropria- American Tribes, of which $1,000,000 shall be munities with extreme unemployment and severe tion for ‘‘Rural Development, Salaries and Ex- available for rural business opportunity grants economic depression (P.L. 106–387), with five penses’’. under section 306(a)(11) of that Act (7 U.S.C. percent for administration and capacity build- RENTAL ASSISTANCE PROGRAM 1926(a)(11)); $4,000,000 shall be available for ing in the State rural development offices: Pro- For rental assistance agreements entered into community facilities grants for tribal college im- vided further, That of the amount appropriated or renewed pursuant to the authority under sec- provements under section 306(a)(19) of that Act $30,000,000 shall be to provide grants in rural tion 521(a)(2) or agreements entered into in lieu (7 U.S.C. 1926(a)(19)); $16,000,000 shall be avail- communities with extremely high energy costs: of debt forgiveness or payments for eligible able for grants for drinking water and waste Provided further, That any prior year balances households as authorized by section 502(c)(5)(D) disposal systems pursuant to section 306C of for high cost energy grants authorized by sec- of the Housing Act of 1949, $708,504,000; and, in such Act (7 U.S.C. 1926(c)) to benefit Federally tion 19 of the Rural Electrification Act of 1936 (7 addition, such sums as may be necessary, as au- Recognized Native American Tribes that are not U.S.C. 901(19)) shall be transferred to and thorized by section 521(c) of the Act, to liquidate eligible to receive funds under any other rural merged with the ‘‘Rural Utilities Service, High debt incurred prior to fiscal year 1992 to carry utilities program set-aside under the rural com- Energy Costs Grants’’ account: Provided fur- out the rental assistance program under section munity advancement program; and $3,000,000 ther, That of the funds appropriated by this Act 521(a)(2) of the Act: Provided, That of this shall be available for rural business enterprise to the Rural Community Advancement Program amount, not more than $5,900,000 shall be avail- grants under section 310B(c) of that Act (7 for guaranteed business and industry loans, able for debt forgiveness or payments for eligible U.S.C. 1932(c)), of which $250,000 shall be avail- funds may be transferred to direct business and households as authorized by section 502(c)(5)(D) able for a grant to a qualified national organi- industry loans as deemed necessary by the Sec- of the Act, and not to exceed $10,000 per project zation to provide technical assistance for rural retary and with prior approval of the Commit- for advances to nonprofit organizations or pub- transportation in order to promote economic de- tees on Appropriations of both Houses of Con- lic agencies to cover direct costs (other than velopment: Provided further, That of the gress. purchase price) incurred in purchasing projects amount appropriated for rural community pro- RURAL DEVELOPMENT SALARIES AND EXPENSES pursuant to section 502(c)(5)(C) of the Act: Pro- grams, $6,000,000 shall be available for a Rural (INCLUDING TRANSFERS OF FUNDS) vided further, That agreements entered into or renewed during fiscal year 2002 shall be funded Community Development Initiative: Provided For necessary expenses for carrying out the for a 5-year period, although the life of any further, That such funds shall be used solely to administration and implementation of programs such agreement may be extended to fully utilize develop the capacity and ability of private, non- in the Rural Development mission area, includ- amounts obligated. profit community-based housing and community ing activities with institutions concerning the development organizations, low-income rural development and operation of agricultural co- MUTUAL AND SELF-HELP HOUSING GRANTS communities, and Federally Recognized Native operatives; and for cooperative agreements; For grants and contracts pursuant to section American tribes to undertake projects to improve $133,722,000: Provided, That this appropriation 523(b)(1)(A) of the Housing Act of 1949 (42 housing, community facilities, community and shall be available for employment pursuant to U.S.C. 1490c), $35,000,000, to remain available economic development projects in rural areas: the second sentence of section 706(a) of the Or- until expended (7 U.S.C. 2209b): Provided, That Provided further, That such funds shall be ganic Act of 1944 (7 U.S.C. 2225), and not to ex- of the total amount appropriated, $1,000,000 made available to qualified private, nonprofit ceed $1,000,000 may be used for employment shall be available through June 30, 2002, for au- and public intermediary organizations pro- under 5 U.S.C. 3109: Provided further, That not thorized empowerment zones and enterprise posing to carry out a program of financial and more than $10,000 may be expended to provide communities and communities designated by the technical assistance: Provided further, That modest nonmonetary awards to non-USDA em- Secretary of Agriculture as Rural Economic such intermediary organizations shall provide ployees: Provided further, That any balances Area Partnership Zones. matching funds from other sources, including available from prior years for the Rural Utilities RURAL HOUSING ASSISTANCE GRANTS Federal funds for related activities, in an Service, Rural Housing Service, and the Rural For grants and contracts for very low-income amount not less than funds provided: Provided Business-Cooperative Service salaries and ex- housing repair, supervisory and technical assist- further, That of the amount appropriated for penses accounts shall be transferred to and ance, compensation for construction defects, the rural business and cooperative development merged with this account. and rural housing preservation made by the programs, not to exceed $500,000 shall be made Rural Housing Service, as authorized by 42 RURAL HOUSING SERVICE available for a grant to a qualified national or- U.S.C. 1474, 1479(c), 1490e, and 1490m, ganization to provide technical assistance for RURAL HOUSING INSURANCE FUND PROGRAM $38,914,000, to remain available until expended: rural transportation in order to promote eco- ACCOUNT Provided, That of the total amount appro- nomic development; and $2,000,000 shall be for (INCLUDING TRANSFERS OF FUNDS) priated, $1,200,000 shall be available through grants to Mississippi Delta Region counties: For gross obligations for the principal amount June 30, 2002, for authorized empowerment Provided further, That of the amount appro- of direct and guaranteed loans as authorized by zones and enterprise communities and commu- priated for rural utilities programs, not to ex- title V of the Housing Act of 1949, to be avail- nities designated by the Secretary of Agriculture ceed $20,000,000 shall be for water and waste able from funds in the rural housing insurance as Rural Economic Area Partnership Zones. disposal systems to benefit the Colonias along fund, as follows: $4,233,014,000 for loans to sec- FARM LABOR PROGRAM ACCOUNT the United States/Mexico borders, including tion 502 borrowers, as determined by the Sec- For the cost of direct loans, grants, and con- grants pursuant to section 306C of such Act; not retary, of which $3,137,968,000 shall be for un- tracts, as authorized by 42 U.S.C. 1484 and 1486,

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$28,431,000, to remain available until expended, $2,700,000,000 and rural telecommunications, FOOD AND NUTRITION SERVICE for direct farm labor housing loans and domestic $120,000,000; and $750,000,000 for Treasury rate CHILD NUTRITION PROGRAMS farm labor housing grants and contracts. direct electric loans. (INCLUDING TRANSFERS OF FUNDS) RURAL BUSINESS-COOPERATIVE SERVICE For the cost, as defined in section 502 of the For necessary expenses to carry out the Na- Congressional Budget Act of 1974, including the RURAL DEVELOPMENT LOAN FUND PROGRAM tional School Lunch Act (42 U.S.C. 1751 et seq.), cost of modifying loans, of direct and guaran- ACCOUNT except section 21, and the Child Nutrition Act of teed loans authorized by the Rural Electrifica- (INCLUDING TRANSFERS OF FUNDS) 1966 (42 U.S.C. 1771 et seq.), except sections 17 tion Act of 1936 (7 U.S.C. 935 and 936), as fol- and 21; $10,087,246,000, to remain available For the cost of direct loans, $16,494,000, as au- lows: cost of rural electric loans, $3,689,000, and through September 30, 2003, of which thorized by the Rural Development Loan Fund the cost of telecommunication loans, $2,036,000: $4,746,538,000 is hereby appropriated and (42 U.S.C. 9812(a)), of which $1,724,000 shall be Provided, That notwithstanding section $5,340,708,000 shall be derived by transfer from for Federally Recognized Native American 305(d)(2) of the Rural Electrification Act of 1936, funds available under section 32 of the Act of Tribes and of which $3,449,000 shall be for Mis- borrower interest rates may exceed 7 percent per August 24, 1935 (7 U.S.C. 612c): Provided, That sissippi Delta Region counties (as defined by year. none of the funds made available under this Public Law 100–460): Provided, That such costs, In addition, for administrative expenses nec- heading shall be used for studies and evalua- including the cost of modifying such loans, shall essary to carry out the direct and guaranteed tions: Provided further, That of the funds made be as defined in section 502 of the Congressional loan programs, $36,000,000, which shall be trans- available under this heading, $500,000 shall be Budget Act of 1974: Provided further, That these ferred to and merged with the appropriation for for a School Breakfast Program startup grant funds are available to subsidize gross obligations ‘‘Rural Development, Salaries and Expenses’’. pilot program for the State of Wisconsin: Pro- for the principal amount of direct loans of RURAL TELEPHONE BANK PROGRAM ACCOUNT vided further, That up to $4,507,000 shall be $38,171,000: Provided further, That of the total (INCLUDING TRANSFERS OF FUNDS) available for independent verification of school amount appropriated, $2,730,000 shall be avail- food service claims. able through June 30, 2002, for the cost of direct The Rural Telephone Bank is hereby author- SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR loans for authorized empowerment zones and ized to make such expenditures, within the lim- WOMEN, INFANTS, AND CHILDREN (WIC) enterprise communities and communities des- its of funds available to such corporation in ac- For necessary expenses to carry out the spe- ignated by the Secretary of Agriculture as Rural cord with law, and to make such contracts and cial supplemental nutrition program as author- Economic Area Partnership Zones. commitments without regard to fiscal year limi- ized by section 17 of the Child Nutrition Act of In addition, for administrative expenses to tations as provided by section 104 of the Govern- 1966 (42 U.S.C. 1786), $4,247,086,000, to remain carry out the direct loan programs, $3,733,000 ment Corporation Control Act, as may be nec- available through September 30, 2003: Provided, shall be transferred to and merged with the ap- essary in carrying out its authorized programs. That none of the funds made available under propriation for ‘‘Rural Development, Salaries During fiscal year 2002 and within the resources this heading shall be used for studies and eval- and Expenses’’. and authority available, gross obligations for the principal amount of direct loans shall be uations: Provided further, That of the total RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM amount available, the Secretary shall obligate ACCOUNT $174,615,000. For the cost, as defined in section 502 of the $20,000,000 for the farmers’ market nutrition (INCLUDING RESCISSION OF FUNDS) Congressional Budget Act of 1974, including the program within 45 days of the enactment of this For the principal amount of direct loans, as cost of modifying loans, of direct loans author- Act, and an additional $5,000,000 for the farm- authorized under section 313 of the Rural Elec- ized by the Rural Electrification Act of 1936 (7 ers’ market nutrition program upon a deter- trification Act, for the purpose of promoting U.S.C. 935), $3,737,000. mination by the Secretary that funds are avail- rural economic development and job creation In addition, for administrative expenses, in- able to meet caseload requirements: Provided projects, $14,966,000. cluding audits, necessary to carry out the loan further, That notwithstanding section For the cost of direct loans, including the cost programs, $3,082,000, which shall be transferred 17(h)(10)(A) of such Act, up to $14,000,000 shall of modifying loans as defined in section 502 of to and merged with the appropriation for be available for the purposes specified in section the Congressional Budget Act of 1974, $3,616,000. ‘‘Rural Development, Salaries and Expenses’’. 17(h)(10)(B), no less than $6,000,000 of which Of the funds derived from interest on the shall be used for the development of electronic cushion of credit payments in fiscal year 2002, DISTANCE LEARNING AND TELEMEDICINE PROGRAM benefit transfer systems: Provided further, That as authorized by section 313 of the Rural Elec- For the cost of direct loans and grants, as au- none of the funds in this Act shall be available trification Act of 1936, $3,616,000 shall not be ob- thorized by 7 U.S.C. 950aaa et seq., $51,941,000, to pay administrative expenses of WIC clinics ligated and $3,616,000 are rescinded. to remain available until expended, to be avail- except those that have an announced policy of RURAL COOPERATIVE DEVELOPMENT GRANTS able for loans and grants for telemedicine and prohibiting smoking within the space used to For rural cooperative development grants au- distance learning services in rural areas: Pro- carry out the program: Provided further, That thorized under section 310B(e) of the Consoli- vided, That, $25,000,000 may be available for the none of the funds provided in this account shall dated Farm and Rural Development Act (7 continuation of a pilot project for a loan and be available for the purchase of infant formula U.S.C. 1932), $8,000,000, of which $2,000,000 shall grant program to finance broadband trans- except in accordance with the cost containment be available for cooperative agreements for the mission and local dial-up Internet service in and competitive bidding requirements specified appropriate technology transfer for rural areas areas that meet the definition of ‘‘rural area’’ in section 17 of such Act: Provided further, That program: Provided, That not to exceed $1,497,000 used for the Distance Learning and Telemedi- none of the funds provided shall be available for of the total amount appropriated shall be made cine Program authorized by 7 U.S.C. 950aaa: activities that are not fully reimbursed by other available to cooperatives or associations of co- Provided further, That the cost of direct loans Federal Government departments or agencies operatives whose primary focus is to provide as- shall be as defined in section 502 of the Congres- unless authorized by section 17 of such Act: Pro- sistance to small, minority producers and whose sional Budget Act of 1974. vided further, That once the amount for fiscal governing board and/or membership is comprised LOCAL TELEVISION LOAN GUARANTEE PROGRAM year 2001 carryover funds has been determined of at least 75 percent minority. ACCOUNT by the Secretary, any funds in excess of RURAL EMPOWERMENT ZONES AND ENTERPRISE For gross obligations for the principal amount $110,000,000 may be transferred by the Secretary COMMUNITIES GRANTS of guaranteed loans, as authorized by Title X of of Agriculture to the Rural Community Ad- For grants in connection with a second round Public Law 106–553 for the purpose of facili- vancement Program and shall remain available of empowerment zones and enterprise commu- tating access to signals of local television sta- until expended. nities, $14,967,000, to remain available until ex- tions for households located in nonserved areas FOOD STAMP PROGRAM pended, for designated rural empowerment and underserved areas, $322,580,000. For necessary expenses to carry out the Food zones and rural enterprise communities, as au- For the cost of guaranteed loans, including Stamp Act (7 U.S.C. 2011 et seq.), $22,991,986,000, thorized by the Taxpayer Relief Act of 1997 and the cost of modifying loans as defined in section of which $2,000,000,000 shall be placed in reserve the Omnibus Consolidated and Emergency Sup- 502 of the Congressional Budget Act of 1974, for use only in such amounts and at such times plemental Appropriations Act, 1999 (Public Law $25,000,000. as may become necessary to carry out program 105–277). In addition, for administrative expenses nec- operations: Provided, That of the funds made essary to carry out the guaranteed loan pro- available under this heading and not already RURAL UTILITIES SERVICE gram, $2,000,000, which shall be transferred to appropriated to the Food Distribution Program RURAL ELECTRIFICATION AND and merged with the appropriation for ‘‘Rural on Indian Reservations (FDPIR) established TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT Development, Salaries and Expenses’’. under section 4(b) of the Food Stamp Act of 1977 (INCLUDING TRANSFERS OF FUNDS) TITLE IV (7 U.S.C. 2013(b)), not to exceed $3,000,000 shall Insured loans pursuant to the authority of be used to purchase bison meat for the FDPIR DOMESTIC FOOD PROGRAMS section 305 of the Rural Electrification Act of from producer-owned cooperative organizations: 1936 (7 U.S.C. 935) shall be made as follows: 5 OFFICE OF THE UNDER SECRETARY FOR FOOD, Provided further, That none of the funds made percent rural electrification loans, $121,107,000; NUTRITION AND CONSUMER SERVICES available under this heading shall be used for 5 percent rural telecommunications loans, For necessary salaries and expenses of the Of- studies and evaluations: Provided further, That $74,827,000; cost of money rural telecommuni- fice of the Under Secretary for Food, Nutrition funds provided herein shall be expended in ac- cations loans, $300,000,000; municipal rate rural and Consumer Services to administer the laws cordance with section 16 of the Food Stamp Act: electric loans, $500,000,000; and loans made pur- enacted by the Congress for the Food and Nutri- Provided further, That this appropriation shall suant to section 306 of that Act, rural electric, tion Service, $587,000. be subject to any work registration or workfare

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requirements as may be required by law: Pro- PUBLIC LAW 480 TITLE I PROGRAM ACCOUNT fiscal year but credited during the current year, vided further, That of funds that may be re- (INCLUDING TRANSFERS OF FUNDS) in accordance with section 736(g)(4), shall be served by the Secretary for allocation to State For the cost, as defined in section 502 of the credited to this appropriation and remain avail- agencies under section 16(h)(1) of such Act to Congressional Budget Act of 1974, of agreements able until expended: Provided, That fees derived carry out Employment and Training programs, under the Agricultural Trade Development and from applications received during fiscal year not more than $145,000,000 made available in Assistance Act of 1954, and the Food for 2002 shall be subject to the fiscal year 2002 limi- previous years may be obligated in fiscal year Progress Act of 1985, including the cost of modi- tation: Provided further, That none of these 2002: Provided further, That funds made avail- fying credit arrangements under said Acts, funds shall be used to develop, establish, or op- able for Employment and Training under this $130,218,000, to remain available until expended. erate any program of user fees authorized by 31 heading shall remain available until expended, In addition, for administrative expenses to U.S.C. 9701: Provided further, That of the total as authorized by section 16(h)(1) of the Food carry out the credit program of title I, Public amount appropriated: (1) $311,926,000 shall be Stamp Act: Provided further, That funds pro- Law 83–480, and the Food for Progress Act of for the Center for Food Safety and Applied Nu- vided under this heading may be used to pro- 1985, to the extent funds appropriated for Public trition and related field activities in the Office cure food coupons necessary for program oper- Law 83–480 are utilized, $2,005,000, of which of Regulatory Affairs; (2) $350,578,000 shall be ations in this or subsequent fiscal years until $1,033,000 may be transferred to and merged for the Center for Drug Evaluation and Re- electronic benefit transfer implementation is with the appropriation for ‘‘Foreign Agricul- search and related field activities in the Office complete. tural Service, Salaries and Expenses’’, and of of Regulatory Affairs, of which no less than COMMODITY ASSISTANCE PROGRAM which $972,000 may be transferred to and $14,207,000 shall be available for grants and con- (INCLUDING RESCISSION) merged with the appropriation for ‘‘Farm Serv- tracts awarded under section 5 of the Orphan For necessary expenses to carry out the com- ice Agency, Salaries and Expenses’’. Drug Act (21 U.S.C. 360ee), and of which not modity supplemental food program as author- PUBLIC LAW 480 TITLE I OCEAN FREIGHT less than $500,000 shall be available for a generic ized by section 4(a) of the Agriculture and Con- DIFFERENTIAL GRANTS drug public education campaign; (3) $155,431,000 shall be for the Center for Biologics Evaluation sumer Protection Act of 1973 (7 U.S.C. 612c note) (INCLUDING TRANSFERS OF FUNDS) and Research and for related field activities in and the Emergency Food Assistance Act of 1983, For expenses during the current fiscal year, $139,991,000, to remain available through Sep- the Office of Regulatory Affairs; (4) $81,182,000 not otherwise recoverable, and unrecovered shall be for the Center for Veterinary Medicine tember 30, 2003: Provided, That none of these prior years’ costs, including interest thereon, funds shall be available to reimburse the Com- and for related field activities in the Office of under the Agricultural Trade Development and Regulatory Affairs; (5) $178,761,000 shall be for modity Credit Corporation for commodities do- Assistance Act of 1954, $20,277,000, to remain nated to the program: Provided further, That the Center for Devices and Radiological Health available until expended, for ocean freight dif- and for related field activities in the Office of $5,300,000 of unobligated balances available at ferential costs for the shipment of agricultural the beginning of fiscal year 2002 are hereby re- Regulatory Affairs; (6) $36,984,000 shall be for commodities under title I of said Act: Provided, the National Center for Toxicological Research; scinded. That funds made available for the cost of title I FOOD DONATIONS PROGRAMS (7) $31,798,000 shall be for Rent and Related ac- agreements and for title I ocean freight differen- tivities, other than the amounts paid to the Gen- For necessary expenses to carry out section tial may be used interchangeably between the 4(a) of the Agriculture and Consumer Protection eral Services Administration, of which $6,000,000 two accounts with prior notice to the Commit- for costs related to occupancy of new facilities Act of 1973; special assistance for the nuclear tees on Appropriations of both Houses of Con- affected islands as authorized by section at White Oak, Maryland shall remain available gress. until September 30, 2003; (8) $105,116,000 shall be 103(h)(2) of the Compacts of Free Association PUBLIC LAW 480 TITLE II GRANTS Act of 1985, as amended; and section 311 of the for payments to the General Services Adminis- For expenses during the current fiscal year, tration for rent and related costs; and (9) Older Americans Act of 1965, $150,749,000, to re- not otherwise recoverable, and unrecovered main available through September 30, 2003. $93,610,000 shall be for other activities, including prior years’ costs, including interest thereon, the Office of the Commissioner; the Office of FOOD PROGRAM ADMINISTRATION under the Agricultural Trade Development and For necessary administrative expenses of the Management and Systems; the Office of the Sen- Assistance Act of 1954, $850,000,000, to remain ior Associate Commissioner; the Office of Inter- domestic food programs funded under this Act, available until expended, for commodities sup- $127,546,000, of which $5,000,000 shall be avail- national and Constituent Relations; the Office plied in connection with dispositions abroad of Policy, Legislation, and Planning; and cen- able only for simplifying procedures, reducing under title II of said Act. overhead costs, tightening regulations, improv- tral services for these offices: Provided further, COMMODITY CREDIT CORPORATION EXPORT LOANS ing food stamp benefit delivery, and assisting in That $1,000,000 to the Center for Food Safety PROGRAM ACCOUNT the prevention, identification, and prosecution and Nutrition to enhance enforcement of re- of fraud and other violations of law and of (INCLUDING TRANSFERS OF FUNDS) quirements under the Dietary Supplement which not less than $6,500,000 shall be available For administrative expenses to carry out the Health and Education Act of 1994 related to the to improve integrity in the Food Stamp and Commodity Credit Corporation’s export guar- accuracy of product labeling, and the truthful- Child Nutrition programs: Provided, That this antee program, GSM 102 and GSM 103, ness and substantiation of claims: Provided fur- appropriation shall be available for employment $4,014,000; to cover common overhead expenses ther, That funds may be transferred from one pursuant to the second sentence of section as permitted by section 11 of the Commodity specified activity to another with the prior ap- 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), Credit Corporation Charter Act and in con- proval of the Committees on Appropriations of and not to exceed $150,000 shall be available for formity with the Federal Credit Reform Act of both Houses of Congress. employment under 5 U.S.C. 3109. 1990, of which $3,224,000 may be transferred to In addition, mammography user fees author- and merged with the appropriation for ‘‘Foreign ized by 42 U.S.C. 263(b) may be credited to this TITLE V Agricultural Service, Salaries and Expenses’’, account, to remain available until expended. FOREIGN ASSISTANCE AND RELATED and of which $790,000 may be transferred to and In addition, export certification user fees au- PROGRAMS merged with the appropriation for ‘‘Farm Serv- thorized by 21 U.S.C. 381 may be credited to this FOREIGN AGRICULTURAL SERVICE ice Agency, Salaries and Expenses’’. account, to remain available until expended. SALARIES AND EXPENSES TITLE VI BUILDINGS AND FACILITIES (INCLUDING TRANSFERS OF FUNDS) RELATED AGENCIES AND FOOD AND DRUG For plans, construction, repair, improvement, For necessary expenses of the Foreign Agri- ADMINISTRATION extension, alteration, and purchase of fixed cultural Service, including carrying out title VI equipment or facilities of or used by the Food DEPARTMENT OF HEALTH AND HUMAN and Drug Administration, where not otherwise of the Agricultural Act of 1954 (7 U.S.C. 1761– SERVICES 1768), market development activities abroad, and provided, $34,281,000, to remain available until for enabling the Secretary to coordinate and in- FOOD AND DRUG ADMINISTRATION expended (7 U.S.C. 2209b). tegrate activities of the Department in connec- SALARIES AND EXPENSES INDEPENDENT AGENCIES tion with foreign agricultural work, including For necessary expenses of the Food and Drug COMMODITY FUTURES TRADING COMMISSION Administration, including hire and purchase of not to exceed $158,000 for representation allow- For necessary expenses to carry out the provi- passenger motor vehicles; for payment of space ances and for expenses pursuant to section 8 of sions of the Commodity Exchange Act (7 U.S.C. rental and related costs pursuant to Public Law the Act approved August 3, 1956 (7 U.S.C. 1766), 1 et seq.), including the purchase and hire of 92–313 for programs and activities of the Food $121,563,000: Provided, That the Service may uti- passenger motor vehicles; the rental of space (to and Drug Administration which are included in lize advances of funds, or reimburse this appro- include multiple year leases) in the District of this Act; for rental of special purpose space in priation for expenditures made on behalf of Fed- Columbia and elsewhere; and not to exceed the District of Columbia or elsewhere; and for eral agencies, public and private organizations $25,000 for employment under 5 U.S.C. 3109, miscellaneous and emergency expenses of en- and institutions under agreements executed pur- $70,400,000, including not to exceed $2,000 for of- forcement activities, authorized and approved suant to the agricultural food production assist- ficial reception and representation expenses. ance programs (7 U.S.C. 1737) and the foreign by the Secretary and to be accounted for solely assistance programs of the United States Agency on the Secretary’s certificate, not to exceed FARM CREDIT ADMINISTRATION for International Development. $25,000; $1,345,386,000, of which not to exceed LIMITATION ON ADMINISTRATIVE EXPENSES None of the funds in the foregoing paragraph $161,716,000 to be derived from prescription drug Not to exceed $36,700,000 (from assessments shall be available to promote the sale or export user fees authorized by 21 U.S.C. 379(h), includ- collected from farm credit institutions and from of tobacco or tobacco products. ing any such fees assessed prior to the current the Federal Agricultural Mortgage Corporation)

VerDate Mar 15 2010 04:06 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11244 CONGRESSIONAL RECORD — SENATE October 30, 2001 shall be obligated during the current fiscal year rangements between the United States Depart- and task forces of the Department of Agri- for administrative expenses as authorized under ment of Agriculture and nonprofit institutions culture, except for panels used to comply with 12 U.S.C. 2249: Provided, That this limitation in excess of 10 percent of the total direct cost of negotiated rule makings and panels used to shall not apply to expenses associated with re- the agreement when the purpose of such cooper- evaluate competitively awarded grants. ceiverships. ative arrangements is to carry out programs of SEC. 716. None of the funds appropriated by TITLE VII—GENERAL PROVISIONS mutual interest between the two parties. This this Act may be used to carry out section 410 of does not preclude appropriate payment of indi- SEC. 701. Within the unit limit of cost fixed by the Federal Meat Inspection Act (21 U.S.C. rect costs on grants and contracts with such in- law, appropriations and authorizations made 679a) or section 30 of the Poultry Products In- stitutions when such indirect costs are computed for the Department of Agriculture for fiscal year spection Act (21 U.S.C. 471). on a similar basis for all agencies for which ap- 2002 under this Act shall be available for the SEC. 717. No employee of the Department of propriations are provided in this Act. purchase, in addition to those specifically pro- Agriculture may be detailed or assigned from an SEC. 709. None of the funds in this Act shall agency or office funded by this Act to any other vided for, of not to exceed 379 passenger motor be available to restrict the authority of the Com- agency or office of the Department for more vehicles, of which 378 shall be for replacement modity Credit Corporation to lease space for its than 30 days unless the individual’s employing only, and for the hire of such vehicles. own use or to lease space on behalf of other SEC. 702. Funds in this Act available to the agency or office is fully reimbursed by the re- agencies of the Department of Agriculture when Department of Agriculture shall be available for ceiving agency or office for the salary and ex- such space will be jointly occupied. uniforms or allowances therefor as authorized SEC. 710. None of the funds in this Act shall penses of the employee for the period of assign- by law (5 U.S.C. 5901–5902). be available to pay indirect costs charged ment. SEC. 703. Not less than $1,500,000 of the appro- against competitive agricultural research, edu- SEC. 718. None of the funds appropriated or priations of the Department of Agriculture in cation, or extension grant awards issued by the otherwise made available to the Department of this Act for research and service work author- Cooperative State Research, Education, and Ex- Agriculture shall be used to transmit or other- ized by sections 1 and 10 of the Act of June 29, tension Service that exceed 19 percent of total wise make available to any non-Department of 1935 (7 U.S.C. 427, 427i; commonly known as the Federal funds provided under each award: Pro- Agriculture employee questions or responses to Bankhead-Jones Act), subtitle A of title II and vided, That notwithstanding section 1462 of the questions that are a result of information re- section 302 of the Act of August 14, 1946 (7 National Agricultural Research, Extension, and quested for the appropriations hearing process. U.S.C. 1621 et seq.), and chapter 63 of title 31, Teaching Policy Act of 1977 (7 U.S.C. 3310), SEC. 719. None of the funds made available to United States Code, shall be available for con- funds provided by this Act for grants awarded the Department of Agriculture by this Act may tracting in accordance with such Acts and competitively by the Cooperative State Research, be used to acquire new information technology chapter. Education, and Extension Service shall be avail- systems or significant upgrades, as determined SEC. 704. The Secretary of Agriculture may able to pay full allowable indirect costs for each by the Office of the Chief Information Officer, transfer unobligated balances of funds appro- grant awarded under section 9 of the Small without the approval of the Chief Information priated by this Act or other available unobli- Business Act (15 U.S.C. 638). Officer and the concurrence of the Executive In- gated balances of the Department of Agriculture SEC. 711. Notwithstanding any other provision formation Technology Investment Review to the Working Capital Fund for the acquisition of this Act, all loan levels provided in this Act Board: Provided, That notwithstanding any of plant and capital equipment necessary for the shall be considered estimates, not limitations. other provision of law, none of the funds appro- delivery of financial, administrative, and infor- SEC. 712. Appropriations to the Department of priated or otherwise made available by this Act mation technology services of primary benefit to Agriculture for the cost of direct and guaran- may be transferred to the Office of the Chief In- the agencies of the Department of Agriculture: teed loans made available in fiscal year 2002 formation Officer without the prior approval of Provided, That none of the funds made avail- shall remain available until expended to cover the Committees on Appropriations of both able by this Act or any other Act shall be trans- obligations made in fiscal year 2002 for the fol- Houses of Congress. ferred to the Working Capital Fund without the lowing accounts: the rural development loan SEC. 720. (a) None of the funds provided by prior approval of the agency administrator: Pro- fund program account; the Rural Telephone this Act, or provided by previous Appropriations vided further, That none of the funds trans- Bank program account; the rural electrification Acts to the agencies funded by this Act that re- ferred to the Working Capital Fund pursuant to and telecommunications loans program account; main available for obligation or expenditure in this section shall be available for obligation the local television loan guarantee program; the fiscal year 2002, or provided from any accounts without the prior approval of the Committees on Rural Housing Insurance Fund Program Ac- in the Treasury of the United States derived by Appropriations of both Houses of Congress. count; and the rural economic development the collection of fees available to the agencies SEC. 705. New obligational authority provided loans program account. funded by this Act, shall be available for obliga- for the following appropriation items in this Act SEC. 713. Notwithstanding chapter 63 of title tion or expenditure through a reprogramming of shall remain available until expended: Animal 31, United States Code, marketing services of the funds which: (1) creates new programs; (2) and Plant Health Inspection Service, the contin- Agricultural Marketing Service; the Grain In- eliminates a program, project, or activity; (3) in- gency fund to meet emergency conditions, fruit spection, Packers and Stockyards Administra- creases funds or personnel by any means for fly program, integrated systems acquisition tion; the Animal and Plant Health Inspection any project or activity for which funds have project, boll weevil program, up to 25 percent of Service; and the food safety activities of the been denied or restricted; (4) relocates an office the screwworm program, and up to $2,000,000 for Food Safety and Inspection Service may use co- or employees; (5) reorganizes offices, programs, costs associated with colocating regional offices; operative agreements to reflect a relationship be- or activities; or (6) contracts out or privatizes Food Safety and Inspection Service, field auto- tween the Agricultural Marketing Service; the any functions or activities presently performed mation and information management project; Grain Inspection, Packers and Stockyards Ad- by Federal employees; unless the Committees on Cooperative State Research, Education, and Ex- ministration; the Animal and Plant Health In- Appropriations of both Houses of Congress are tension Service, funds for competitive research spection Service; or the Food Safety and Inspec- notified 15 days in advance of such reprogram- grants (7 U.S.C. 450i(b)), funds for the Research, tion Service and a state or cooperator to carry ming of funds. Education and Economics Information System out agricultural marketing programs, to carry (REEIS), and funds for the Native American In- out programs to protect the nation’s animal and (b) None of the funds provided by this Act, or stitutions Endowment Fund; Farm Service plant resources, or to carry out educational pro- provided by previous Appropriations Acts to the Agency, salaries and expenses funds made grams or special studies to improve the safety of agencies funded by this Act that remain avail- available to county committees; Foreign Agricul- the nation’s food supply. able for obligation or expenditure in fiscal year tural Service, middle-income country training SEC. 714. None of the funds in this Act may be 2002, or provided from any accounts in the program and up to $2,000,000 of the Foreign Ag- used to retire more than 5 percent of the Class Treasury of the United States derived by the ricultural Service appropriation solely for the A stock of the Rural Telephone Bank or to collection of fees available to the agencies fund- purpose of offsetting fluctuations in inter- maintain any account or subaccount within the ed by this Act, shall be available for obligation national currency exchange rates, subject to accounting records of the Rural Telephone or expenditure for activities, programs, or documentation by the Foreign Agricultural Bank the creation of which has not specifically projects through a reprogramming of funds in Service. been authorized by statute: Provided, That not- excess of $500,000 or 10 percent, whichever is SEC. 706. No part of any appropriation con- withstanding any other provision of law, none less, that: (1) augments existing programs, tained in this Act shall remain available for ob- of the funds appropriated or otherwise made projects, or activities; (2) reduces by 10 percent ligation beyond the current fiscal year unless available in this Act may be used to transfer to funding for any existing program, project, or ac- expressly so provided herein. the Treasury or to the Federal Financing Bank tivity, or numbers of personnel by 10 percent as SEC. 707. Not to exceed $50,000 of the appro- any unobligated balance of the Rural Telephone approved by Congress; or (3) results from any priations available to the Department of Agri- Bank telephone liquidating account which is in general savings from a reduction in personnel culture in this Act shall be available to provide excess of current requirements and such balance which would result in a change in existing pro- appropriate orientation and language training shall receive interest as set forth for financial grams, activities, or projects as approved by pursuant to section 606C of the Act of August accounts in section 505(c) of the Federal Credit Congress; unless the Committees on Appropria- 28, 1954 (7 U.S.C. 1766b; commonly known as the Reform Act of 1990. tions of both Houses of Congress are notified 15 Agricultural Act of 1954). SEC. 715. Of the funds made available by this days in advance of such reprogramming of SEC. 708. No funds appropriated by this Act Act, not more than $1,800,000 shall be used to funds. may be used to pay negotiated indirect cost cover necessary expenses of activities related to (c) The Secretary of Agriculture shall notify rates on cooperative agreements or similar ar- all advisory committees, panels, commissions, the Committees on Appropriations of both

VerDate Mar 15 2010 04:06 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2001 CONGRESSIONAL RECORD — SENATE S11245 Houses of Congress before implementing a pro- (A) individuals with Human Immuno- operation with the State of Illinois, develop and gram or activity not carried out during the pre- deficiency Virus or Acquired Immune Deficiency implement a pilot project utilizing conservation vious fiscal year unless the program or activity Syndrome in the communities, and programs of the Department of Agriculture for is funded by this Act or specifically funded by (B) households in the communities, particu- soil, water, wetlands, and wildlife habitat en- any other Act. larly individuals caring for orphaned children; hancement in the Illinois River Basin: Provided, SEC. 721. With the exception of funds needed and That no funds shall be made available to carry to administer and conduct oversight of grants (2) agricultural commodities monetized to pro- out this section unless they are expressly pro- awarded and obligations incurred prior to en- vide other assistance (including assistance vided for a program in this Act or any other Act actment of this Act, none of the funds appro- under microcredit and microenterprise pro- for obligation in fiscal year 2002: Provided fur- priated or otherwise made available by this or grams) to create or restore sustainable liveli- ther, That any conservation reserve program en- any other Act may be used to pay the salaries hoods among individuals in the communities, rollments made pursuant to this section shall be and expenses of personnel to carry out section particularly individuals caring for orphaned subject to section 734 of this Act. 793 of Public Law 104–127, the Fund for Rural children. SEC. 738. Notwithstanding any other provision America (7 U.S.C. 2204f). SEC. 729. In addition to amounts otherwise ap- of law, the Natural Resources Conservation SEC. 722. None of the funds appropriated or propriated or made available by this Act, Service shall provide $450,000 for a wetlands res- otherwise made available by this or any other $1,996,000 is appropriated for the purpose of pro- toration and water conservation project in the Act shall be used to pay the salaries and ex- viding Bill Emerson and Mickey Leland Hunger vicinity of Jamestown, Rhode Island. penses of personnel to carry out the transfer or Fellowships through the Congressional Hunger SEC. 739. Notwithstanding any other provision obligation of fiscal year 2002 funds under the Center. of law, $3,000,000 shall be made available from provisions of section 401 of Public Law 105–185, SEC. 730. Refunds or rebates received on an funds under the rural business and cooperative the Initiative for Future Agriculture and Food on-going basis from a credit card services pro- development programs of the Rural Community Systems (7 U.S.C. 7621). vider under the Department of Agriculture’s Advancement Program for a grant for an inte- SEC. 723. None of the funds appropriated or charge card programs may be deposited to and grated ethanol plant, feedlot, and animal waste otherwise made available by this Act shall be retained without fiscal year limitation in the digestion unit, to the extent matching funds used to pay the salaries and expenses of per- Departmental Working Capital Fund established from the Department of Energy are provided if sonnel to carry out a conservation farm option under 7 U.S.C. 2235 and used to fund manage- a commitment for such matching funds is made program, as authorized by section 1240M of the ment initiatives of general benefit to the Depart- prior to July 1, 2002: Provided, That such funds Food Security Act of 1985 (16 U.S.C. 3839bb). ment of Agriculture bureaus and offices as de- shall be released to the project after the farmer- SEC. 724. None of the funds made available to termined by the Secretary of Agriculture or the owned cooperative equity is in place, and a for- the Food and Drug Administration by this Act Secretary’s designee. mally executed commitment from a qualified shall be used to close or relocate, or to plan to SEC. 731. Notwithstanding section 412 of the lender based upon receipt of necessary permits, close or relocate, the Food and Drug Adminis- Agricultural Trade Development and Assistance contract, and other appropriate documentation tration Division of Pharmaceutical Analysis in Act of 1954 (7 U.S.C. 1736f) any balances avail- has been secured by the project. St. Louis, Missouri, outside the city or county able to carry out title III of such Act as of the SEC. 740. Hereafter, notwithstanding any limits of St. Louis, Missouri. date of enactment of this Act, and any recov- other provision of law, the Administrator of the SEC. 725. None of the funds made available to eries and reimbursements that become available Rural Utilities Service shall use the authorities the Food and Drug Administration by this Act to carry out title III of such Act, may be used provided in the Rural Electrification Act of 1936 shall be used to reduce the Detroit, Michigan, to carry out title II of such Act. to finance the acquisition of existing generation, Food and Drug Administration District Office SEC. 732. Of the funds made available under transmission and distribution systems and facili- below the operating and full-time equivalent section 27(a) of the Food Stamp Act of 1977 (7 ties serving high cost, predominantly rural areas staffing level of July 31, 1999; or to change the U.S.C. 2011 et seq.), the Secretary may use up to by entities capable of and dedicated to providing Detroit District Office to a station, residence $5,000,000 for administrative costs associated or improving service in such areas in an effi- post or similarly modified office; or to reassign with the distribution of commodities. cient and cost effective manner. residence posts assigned to the Detroit District SEC. 733. Notwithstanding any other provision SEC. 741. Notwithstanding subsection (f) of Office: Provided, That this section shall not of law, the Secretary may transfer up to section 156 of the Agricultural Market Transi- apply to Food and Drug Administration field $26,000,000 in funds provided for the Environ- tion Act (7 U.S.C. 7272(f)), any assessment im- laboratory facilities or operations currently lo- mental Quality Incentives Program authorized posed under that subsection for marketings of cated in Detroit, Michigan, except that field lab- by Chapter 4, Subtitle D, Title XII of the Food raw cane sugar or beet sugar for the 2002 fiscal oratory personnel shall be assigned to locations Security Act of 1985, for technical assistance to year shall not be required to be remitted to the in the general vicinity of Detroit, Michigan, implement the Conservation Reserve Program Commodity Credit Corporation before September pursuant to cooperative agreements between the authorized by subchapter B, Chapter 1, Title 2, 2002. Food and Drug Administration and other lab- XII of the Food Security Act of 1985, with funds SEC. 742. Notwithstanding any other provision oratory facilities associated with the State of to remain available until expended: Provided, of law, the Secretary of Agriculture, acting Michigan. That notwithstanding any other provision of through the Natural Resources Conservation SEC. 726. None of the funds appropriated by law, the Secretary may elect to enroll no more Service, shall provide financial assistance from this Act or any other Act shall be used to pay than 340,000 acres for continuous signup, con- available funds from the Emergency Watershed the salaries and expenses of personnel who pre- servation reserve enhancement, or wetland pilot Protection Program in Arkansas, in an amount pare or submit appropriations language as part purposes and no acres for regular enrollment not to exceed $400,000 for completion of the cur- of the President’s Budget submission to the Con- into the Conservation Reserve Program author- rent construction phase of the Kuhn Bayou gress of the United States for programs under ized by subchapter B, Chapter 1, Title XII of the (Point Remove) Project. the jurisdiction of the Appropriations Sub- Food Security Act of 1985, during fiscal year SEC. 743. (a) TEMPORARY USE OF EXISTING committees on Agriculture, Rural Development, 2002 and any savings derived from such action PAYMENTS TO STATES TABLE.—Notwithstanding and Related Agencies that assumes revenues or may be transferred, not to exceed $18,000,000, for section 101(a)(1) of the Secure Rural Schools reflects a reduction from the previous year due technical assistance to implement the Conserva- and Community Self-Determination Act of 2000 to user fees proposals that have not been en- tion Reserve Program, with funds to remain (Public Law 106–393; 16 U.S.C. 500 note), for the acted into law prior to the submission of the available until expended. purpose of making the first fiscal year’s pay- Budget unless such Budget submission identifies SEC. 734. Notwithstanding any other provision ments under section 102 of such Act to eligible which additional spending reductions should of law, the City of St. Joseph, Missouri, shall be States and eligible counties, the full payment occur in the event the user fees proposals are eligible for grants and loans administered by the amount for each eligible State and eligible coun- not enacted prior to the date of the convening of rural development mission area of the Depart- ty shall be deemed to be equal to the full pay- a committee of conference for the fiscal year ment of Agriculture relating to an application ment amount calculated for that eligible State or 2003 appropriations Act. submitted to the Department by a farmer-owned eligible county in the Forest Service document SEC. 727. None of the funds made available by cooperative, a majority of whose members reside entitled ‘‘P.L. 106–393, Secure Rural Schools and this Act or any other Act may be used to close in a rural area, as determined by the Secretary, Community Self-Determination Act’’, dated July or relocate a state Rural Development office un- and for the purchase and operation of a facility 31, 2001. less or until cost effectiveness and enhancement beneficial to the purpose of the cooperative. (b) REVISION OF TABLE.—For the purpose of of program delivery have been determined. SEC. 735. Section 17(a)(2)(B) of the Richard B. making payments under section 102 of such Act SEC. 728. Of any shipments of commodities Russell National School Lunch Act (42 U.S.C. to eligible States and eligible counties of subse- made pursuant to section 416(b) of the Agricul- 1766(a)(2)(B)) is amended by striking ‘‘2001’’ and quent fiscal years, the Secretary of Agriculture tural Act of 1949 (7 U.S.C. 1431(b)), the Sec- inserting ‘‘2002’’. shall provide for the revision of the table re- retary of Agriculture shall, to the extent prac- SEC. 736. Notwithstanding any other provision ferred to in subsection (a) to accurately reflect ticable, direct that tonnage equal in value to not of law, the Natural Resources Conservation the average of the three highest 25-percent pay- more than $25,000,000 shall be made available to Service shall provide financial and technical as- ments and safety net payments made to eligible foreign countries to assist in mitigating the ef- sistance in the amount of $150,000 to the Mal- States for the fiscal years of the eligibility pe- fects of the Human Immunodeficiency Virus and lard Pointe project in Madison County, Mis- riod, as required by section 101(a)(1) of such Acquired Immune Deficiency Syndrome on com- sissippi. Act. If the revisions are not completed by the munities, including the provision of— SEC. 737. Notwithstanding any other provision time payments under section 102 of such Act are (1) agricultural commodities to— of law, the Secretary of Agriculture shall, in co- due to be made for a subsequent fiscal year, the

VerDate Mar 15 2010 04:06 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11246 CONGRESSIONAL RECORD — SENATE October 30, 2001 table referred to in subsection (a) shall again be $5,000,000 is transferred to the Department of (ii) 30 percent or more of the mares boarded on used for the purpose of making the payments for Agriculture, Farm Service Agency, for reim- a farm owned, operated, or leased by the horse that fiscal year. The Forest Service shall provide bursement for crop damage resulting from the breeder failed to conceive, miscarried, aborted, the Senate Energy and Natural Resources Com- Bureau’s use of herbicides in the State of Idaho: or otherwise failed to produce a live healthy mittee and the House of Representatives Agri- Provided, That nothing in this section shall be foal; culture Committee with a report on the progress construed to constitute an admission of liability (B) the horse breeder is unable to meet the fi- of the correction by March 1, 2002. in any subsequent litigation with respect to the nancial obligations, or pay the ordinary and (c) ADDITIONAL OPT-OUT OPTION.—Notwith- Bureau’s use of such herbicides. necessary expenses, of the horse breeder in- standing section 102(b)(2) of Public Law 106–393, SEC. 750. PILOT PROGRAM FOR ENROLLMENT curred in connection with breeding, boarding, if the revision of the table referred to in sub- OF WETLAND AND BUFFER ACREAGE IN CON- raising, training, or selling horses; and section (a) results in a lower full payment SERVATION RESERVE. (a) IN GENERAL.—Section (C) the horse breeder is not able to obtain suf- amount to a county that has elected under sec- 1231(h)(4)(B) of the Food Security Act of 1985 ficient credit elsewhere, in accordance with sub- tion 102(a)(2) the full payment amount, then (16 U.S.C. 3831(h)(4)(B)) is amended by inserting title C of the Consolidated Farm and Rural De- that county may revisit their election under sec- ‘‘(which may include emerging vegetation in velopment Act (7 U.S.C. 1961 et seq.). tion 102(b)(1). water)’’ after ‘‘vegetative cover’’. (4) AMOUNT.— (d) DEFINITIONS.—In this section, the terms (b) CONFORMING AMENDMENT.—Section (A) IN GENERAL.—Subject to subparagraph ‘‘eligible State’’, ‘‘eligible county’’, ‘‘eligibility 1232(a)(4) of the Food Security Act of 1985 (16 (B), the amount of a loan made to a horse period’’, ‘‘25-period payment’’, and ‘‘safety net U.S.C. 3832(a)(4)) is amended by inserting breeder under this subsection shall be deter- payments’’ have the meanings given such terms ‘‘(which may include emerging vegetation in mined by the Secretary on the basis of the in section 3 of such Act. water)’’ after ‘‘vegetative cover’’. amount of losses suffered by the horse breeder, (e) TREATMENT OF CERTAIN MINERAL LEASING SEC. 751. SPECIALTY CROPS. (a) GRADING OF and the financial needs of the horse breeder, as RECEIPTS.—An eligible county that elects under PRICE-SUPPORT TOBACCO.— a result of mare reproductive loss syndrome. section 102(b) to receive its share of an eligible (1) IN GENERAL.—Not later than March 31, (B) MAXIMUM AMOUNT.—The amount of a State’s full payment amount shall continue to 2002, the Secretary of Agriculture (referred to in loan made to a horse breeder under this sub- receive its share of any payments made to that this section as the ‘‘Secretary’’) shall conduct a section shall not exceed the maximum amount of State from a lease for mineral resources issued referendum among producers of each kind of to- an emergency loan under section 324(a) of the by the Secretary of the Interior under the last bacco that is eligible for price support under the Consolidated Farm and Rural Development Act paragraph under the heading ‘‘FOREST SERV- Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) to (7 U.S.C. 1964(a)). ICE’’ in the Act of March 4, 1917 (Chapter 179; determine whether the producers favor the man- (5) TERM.— (A) IN GENERAL.—Subject to subparagraph 16 U.S.C. 520). datory grading of the tobacco by the Secretary. (B), the term for repayment of a loan made to a (f) MINERAL PAYMENTS.—Section 6(b) of the (2) MANDATORY GRADING.—If the Secretary Mineral Leasing Act for Acquired Lands (30 determines that mandatory grading of each kind horse breeder under this subsection shall be de- U.S.C. 355(b)) is amended by inserting after the of tobacco described in paragraph (1) is favored termined by the Secretary based on the ability of first sentence, the following new sentence: ‘‘The by a majority of the producers voting in the ref- the horse breeder to repay the loan. (B) MAXIMUM TERM.—The term of a loan preceeding sentence shall also apply to any pay- erendum, effective for the 2002 and subsequent made to a horse breeder under this subsection ment to a State derived from a lease for mineral marketing years, the Secretary shall ensure that shall not exceed 20 years. resources issued by the Secretary of the Interior all kinds of the tobacco are graded at the time (6) INTEREST RATE.—The interest rate for a under the last paragraph under the heading of sale. loan made to a horse breeder under this sub- ‘FOREST SERVICE’ in the Act of March 4, 1917 UDICIAL REVIEW.—A determination by the (3) J section shall be the interest rate for emergency (Chapter 179; 16 U.S.C. 520).’’. Secretary under this subsection shall not be sub- loans prescribed under section 324(b)(1) of the SEC. 744. ALASKA PERMANENT FUND. Section ject to judicial review. Consolidated Farm and Rural Development Act 501(b) of the Housing Act of 1949 (42 U.S.C. 1471) (b) QUOTA REDUCTION FOR CONSERVATION RE- (7 U.S.C. 1964(b)(1)). is amended in paragraph (5)— SERVE ACREAGE.— (7) SECURITY.—A loan to a horse breeder (1) by striking ‘‘(5)’’ and inserting ‘‘(5)(A)’’; (1) IN GENERAL.—Section 1236 of the Food Se- under this subsection shall be made on the secu- and curity Act of 1985 (16 U.S.C. 3836) is amended— rity required for emergency loans under section (2) by adding at the end the following: (A) by striking subsection (a); 324(d) of the Consolidated Farm and Rural De- ‘‘(B) For purposes of this title, for fiscal years (B) by redesignating subsections (b), (c), and velopment Act (7 U.S.C. 1964(d)). 2002 and 2003, the term ‘income’ does not in- (d) as subsections (a), (b), and (c), respectively; (8) APPLICATION.—To be eligible to obtain a clude dividends received from the Alaska Perma- (C) in subsection (b) (as so redesignated), by loan under this subsection, a horse breeder shall nent Fund by a person who was under the age striking ‘‘subsection (b)’’ and inserting ‘‘sub- submit an application for the loan to the Sec- of 18 years when that person qualified for the section (a)’’; and retary not later than September 30, 2002. dividend.’’. (D) in subsection (c) (as so redesignated), by (9) FUNDING.—The Secretary shall carry out SEC. 745. Hereafter, any provision of any Act striking ‘‘subsection (c)’’ and inserting ‘‘sub- this subsection using funds made available to of Congress relating to colleges and universities section (b)’’. make emergency loans under subtitle C of the eligible to receive funds under the Act of August ONFORMING AMENDMENT.—Section (2) C Consolidated Farm and Rural Development Act 30, 1890, including Tuskegee University, shall 1232(a)(5) of the Food Security Act of 1985 (16 (7 U.S.C. 1961 et seq.). apply to West Virginia State College at Insti- U.S.C. 3832(a)(5)) is amended by striking ‘‘sec- (10) TERMINATION.—The authority provided tute, West Virginia: Provided, That the Sec- tion 1236(d)’’ and inserting ‘‘section 1236(c)’’. by this subsection to make a loan terminates ef- retary may waive the matching funds’ require- (3) APPLICATION.—The amendments made by fective September 30, 2003. ment under section 1449 of the National Agricul- this subsection shall apply beginning with the SEC. 752. During fiscal year 2002, subsection tural Research, Extension, and Teaching Policy 2002 crop. (a)(2) of section 508 of the Federal Crop Insur- Act of 1977 (7 U.S.C. 3222d) for fiscal year 2002 (c) HORSE BREEDER LOANS.— ance Act (7 U.S.C. 1508) shall be applied as for West Virginia State College if the Secretary (1) DEFINITION OF HORSE BREEDER.—In this though the term ‘‘and potatoes’’ read as follows: determines the State of West Virginia will be un- subsection, the term ‘‘horse breeder’’ means a ‘‘, potatoes, and sweet potatoes’’. likely to satisfy the matching requirement. person that, as of the date of enactment of this SEC. 753. Within 30 days of the date of enact- SEC. 746. Notwithstanding any other provision Act, derives more than 70 percent of the income ment of this Act, the Secretary of Agriculture of law, the Secretary, acting through the Nat- of the person from the business of breeding, shall submit a reprogramming request to the ural Resources Conservation Service, shall pro- boarding, raising, training, or selling horses, House and Senate Appropriations Committees to vide financial and technical assistance relating during the shorter of— address the $21,700,000 in tornado damages in- to the Tanana River bordering the Big Delta (A) the 5-year period ending on January 1, curred at the Henry A. Wallace Beltsville Agri- State Historical Park. 2001; or cultural Research Center. SEC. 747. None of the funds appropriated or (B) the period the person has been engaged in SEC. 754. CITRUS CANKER ERADICATION. (a) IN otherwise made available by this Act to the such business. GENERAL.—Section 810 of the Agriculture, Rural Food and Drug Administration shall be used to (2) LOAN AUTHORIZATION.—The Secretary Development, Food and Drug Administration, allow admission of fish or fish products labeled shall make loans to eligible horse breeders to as- and Related Agencies Appropriations Act, 2001 wholly or in part as ‘‘catfish’’ unless the prod- sist the horse breeders for losses suffered as a re- (114 Stat. 1549A–52) is amended— ucts are taxonomically from the family sult of mare reproductive loss syndrome. (1) in subsection (a) by striking ‘‘The’’ and in- Ictaluridae. (3) ELIGIBILITY.—A horse breeder shall be eli- serting ‘‘Subject to subsection (e), the’’; and SEC. 748. The Secretary of Agriculture is au- gible for a loan under this subsection if the Sec- (2) in subsection (c), by striking ‘‘2001’’ and thorized to accept any unused funds transferred retary determines that, as a result of mare re- inserting ‘‘2002’’. to the Alaska Railroad Corporation for ava- productive loss syndrome— (b) EFFECTIVE DATE.—The amendments in lanche control and retransfer up to $499,000 of (A) during the period beginning January 1 subsection (a) shall take effect as if enacted on such funds as a direct lump sum payment to the and ending October 1 of any of calendar years September 30, 2001. City of Valdez to construct an avalanche con- 2000, 2001, or 2002— SEC. 755. From the amount appropriated to trol wall to protect a public school. (i) 30 percent or more of the mares owned by the Animal and Plant Health Inspection Service, SEC. 749. Of funds previously appropriated to the horse breeder failed to conceive, miscarried, $300,000 shall be provided to monitor and pre- the Bureau of Land Management under the aborted, or otherwise failed to produce a live vent Mare Reproductive Loss Syndrome in co- heading ‘‘Wildland Fire Management’’, up to healthy foal; or operation with the University of Kentucky.

VerDate Mar 15 2010 04:06 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2001 CONGRESSIONAL RECORD — SENATE S11247 SEC. 756. Section 306(a)(20) of the Consoli- EXECUTIVE SESSION of Minister-Counselor, to be Ambassador Ex- dated Farm and Rural Development Act (7 traordinary and Plenipotentiary of the U.S.C. 1926(a)(20)) is amended by adding at the United States of America to the Republic of end the following new subparagraph: EXECUTIVE CALENDAR South Africa. ‘‘(D) RURAL BROADBAND.—The Secretary may Mr. REID. Madam President, I ask f make grants to regulatory commissions in States unanimous consent that the Senate LEGISLATIVE SESSION with communities without dial-up internet ac- proceed to executive session to con- cess to establish a competitively neutral grant The PRESIDING OFFICER. Under program to telecommunications carriers that es- sider the following nominations: Cal- endar Nos. 490 through 503; that the the previous order, the Senate will now tablish facilities and services which, in the com- return to legislative session. mission’s determination, will result in the long- nominations be confirmed, the motion term availability to rural communities in such to reconsider be laid upon the table, f States of affordable broadband telecommuni- any statements thereon be printed in PASSAGE OF S. 1510 VITIATED AND cations services which can be used for the provi- the RECORD, the President be imme- INDEFINITELY POSTPONED sion of high speed internet access.’’. diately notified of the Senate’s action, SEC. 757. In accordance with the Farmland and the Senate return to legislative Mr. REID. Madam President, I ask Protection Program, a total of $720,000 shall be session. unanimous consent that Senate pas- made available to purchase conservation ease- The PRESIDING OFFICER. Without sage of S. 1510 be vitiated and that the ments or other interests in land, not to exceed objection, it is so ordered. measure then be indefinitely post- 235 acres, in Adair, Green, and Taylor Counties, poned. Kentucky: Provided, That $490,000 of this The nominations considered and con- firmed are as follows: The PRESIDING OFFICER. Without amount shall be from funds made available to objection, it is so ordered. the Conservation Reserve Enhancement Pro- UNITED STATES AGENCY FOR INTERNATIONAL gram for the State of Kentucky. DEVELOPMENT f SEC. 758. Notwithstanding any other provision Kent R. Hill, of Massachusetts, to be an AGRICULTURE, RURAL DEVELOP- of law, the City of Caldwell, Idaho, shall be eli- Assistant Administrator of the United States Agency for International Develop- MENT, FOOD AND DRUG ADMIN- gible for grants and loans administered by the ISTRATION, AND RELATED Rural Housing Service of the United States De- ment. partment of Agriculture for a period not to ex- J. Edward Fox, of Ohio, to be an Assistant AGENCIES APPROPRIATIONS ceed one year from the date of enactment of this Administrator of the United States Agency ACT, 2002—Resumed Act. for International Development. E. Anne Peterson, of Virginia, to be an As- Mr. REID. Madam President, I ask SEC. 759. Section 8c(1) of the Agricultural sistant Administrator of the United States unanimous consent that the Kohl Marketing Agreement Act of 1937 is amended by Agency for International Development. amendment, which is at the desk, to adding the following provision at the end of the DEPARTMENT OF STATE H.R. 2330, be in order, notwithstanding penultimate sentence: John F. Turner, of Wyoming, to be Assist- passage of the bill, and that the amend- ‘‘The Secretary is authorized to implement a ant Secretary of State for Oceans and Inter- ment be considered and agreed to, and producer allotment program and a handler national Environmental and Scientific Af- the motion to reconsider be laid upon withholding program under the cranberry mar- fairs. the table. keting order in the same crop year through in- Joseph M. DeThomas, of Pennsylvania, a The PRESIDING OFFICER. Without formal rulemaking based on a recommendation Career Member of the Senior Foreign Serv- objection, it is so ordered. and supporting economic analysis submitted by ice, Class of Minister-Counselor, to be Am- the Cranberry Marketing Committee. Such rec- bassador Extraordinary and Plenipotentiary The amendment (No. 2037) was agreed ommendation and analysis shall be submitted by of the United States of America to the Re- to, as follows: the Committee no later than March 1 of each public of Estonia. AMENDMENT NO. 2037 year.’’. Brian E. Carlson, of Virginia, a Career (Purpose: to amend H.R. 2330) Member of the Senior Foreign Service, Class SEC. 760. Section 11(f) of the Richard B. Rus- H.R. 2330, as passed by the Senate on Octo- of Career Minister, to be Ambassador Ex- sell National School Lunch Act (42 U.S.C. ber 25, 2001, is amended as follows: traordinary and Plenipotentiary of the 1759a(f)) is amended by— On page 13, line 6, strike ‘‘$542,580,000’’ and United States of America to the Republic of insert ‘‘$542,842,000’’. (1) in paragraph (1)(E), by striking ‘‘2001’’ Latvia. On page 13, line 15, strike ‘‘$84,040,000’’ and and inserting ‘‘2003’’; and John N. Palmer, of Mississippi, to be Am- insert ‘‘$84,850,000’’. (2) in paragraph (2)— bassador Extraordinary and Plenipotentiary On page 13, line 25, strike ‘‘$134,262,000’’ and of the United States of America to the Re- (A) by striking subparagraph (A) and insert- insert ‘‘$134,452,000’’. ing the following: public of Portugal. John Malcolm Ordway, of California, a Ca- On page 15, line 24, strike ‘‘$434,038,000’’ and ‘‘(A) IN GENERAL.—The Secretary shall submit reer Member of the Senior Foreign Service, insert ‘‘$433,546,000’’. to the Committee on Education and the Work- Class of Minister-Counselor, to be Ambas- On page 39, line 23, after ‘‘depression’’ in- force of the House of Representatives and the sador Extraordinary and Plenipotentiary of sert the following: ‘‘(P.L. 106–387), with five Committee on Agriculture, Nutrition, and For- the United States of America to the Republic percent for administration and capacity estry of the Senate— of Armenia. building in the state rural development of- fices’’. ‘‘(i) not later than January 1, 2003, an interim Bonnie McElveen-Hunter, of North Caro- On page 81, line 1, after ‘‘sistance’’ insert report on the activities of the State agencies re- lina, to be Ambassador Extraordinary and ‘‘relating’’. ceiving grants under this subsection; and Plenipotentiary of the United States of America to the Republic of Finland. On page 88, line 3, strike ‘‘(e)’’ and insert ‘‘(ii) not later than January 1, 2004, a final re- Robert V. Royall, of South Carolina, to be ‘‘(c)’’. port on the activities of the State agencies re- Ambassador Extraordinary and Pleni- On page 89, strike Section 757 on line 1 ceiving grants under this subsection.’’; and potentiary of the United States of America through 8 and insert: (B) in subparagraph (B), by striking ‘‘report’’ to the United Republic of Tanzania. ‘‘SEC. . In accordance with the Farmland and inserting ‘‘reports’’. Margaret K. McMillion, of the District of Protection Program, a total of $720,000 shall be made available to purchase conservation SEC. 761. From the amount appropriated to Columbia, Career Member of the Senior For- the Animal and Plant Health Inspection Service, eign Service, Class of Counselor, to be Am- easements or other interests in land, not to $300,000 shall be provided for activities regard- bassador Extraordinary and Plenipotentiary exceed 235 acres, in Adair, Green, and Taylor ing West Nile Virus, in cooperation with the of the United States of America to the Re- counties, Kentucky: Provided, That $490,000 University of Illinois. public of Rwanda. of this amount shall be from funds made Wanda L. Nesbitt, of Pennsylvania, a Ca- available to the Conservation Reserve En- SEC. 762. Notwithstanding any other provision reer Member of the Senior Foreign Service, hancement Program for the State of Ken- of law, the City of Mt. Vernon, Washington, Class of Counselor, to be Ambassador Ex- tucky.’’. shall be eligible for grants and loans adminis- traordinary and Plenipotentiary of the On page 89, after line 8, insert the fol- tered by the Rural Housing Service of the United States of America to the Republic of lowing: United States Department of Agriculture for a Madagascar. ‘‘SEC. . Notwithstanding any other provi- period not to exceed one year from the date of Clifford M. Sobel, of New Jersey, to be Am- sion of law, the City of Caldwell, Idaho, shall enactment of this Act. bassador Extraordinary and Plenipotentiary be eligible for grants and loans administered This Act may be cited as the ‘‘Agriculture, of the United States of America to the King- by the Rural Housing Service of the United Rural Development, Food and Drug Administra- dom of the Netherlands. States Department of Agriculture for a pe- tion, and Related Agencies Appropriations Act, Cameron R. Hume, of New York, a Career riod not to exceed one year from the date of 2002’’. Member of the Senior Foreign Service, Class enactment of this Act.’’.

VerDate Mar 15 2010 04:06 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11248 CONGRESSIONAL RECORD — SENATE October 30, 2001 On page 89, after line 8, insert the fol- The PRESIDING OFFICER. Without NOMINATIONS lowing: objection, it is so ordered. ‘‘SEC. . Section 8c(1) of the Agricultural Executive nominations received by The bill (H.R. 2925) was read the third the Senate October 30, 2001: Marketing Agreement Act of 1937 is amended time and passed. by adding the following provision at the end DEPARTMENT OF DEFENSE of the penultimate sentence: f R. L. BROWNLEE, OF VIRGINIA, TO BE UNDER SEC- ‘The Secretary is authorized to implement RETARY OF THE ARMY, VICE GREGORY ROBERT a producer allotment program and a handler ORDERS FOR WEDNESDAY, DAHLBERG, RESIGNED. OCTOBER 31, 2001 PETER B. TEETS, OF MARYLAND, TO BE UNDER SEC- withholding program under the cranberry RETARY OF THE AIR FORCE, VICE CAROL DIBATTISTE. marketing order in the same crop year Mr. REID. Madam President, I ask DEPARTMENT OF STATE through informal rulemaking based on a rec- unanimous consent that when the Sen- ommendation and supporting economic anal- CHRISTOPHER BANCROFT BURNHAM, OF CONNECTICUT, ate completes its business today, it ad- TO BE AN ASSISTANT SECRETARY OF STATE (RESOURCE ysis submitted by the Cranberry Marketing MANAGEMENT). (NEW POSITION) Committee. Such recommendation and anal- journ until the hour of 10 a.m., Wednes- DARRYL NORMAN JOHNSON, OF WASHINGTON, A CA- ysis shall be submitted by the Committee no day, October 31; that following the REER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR later than March 1 of each year.’ ’’. prayer and pledge, the Journal of pro- EXTRAORDINARY AND PLENIPOTENTIARY OF THE On page 89, after line 8, insert the fol- ceedings be approved to date, the UNITED STATES OF AMERICA TO THE KINGDOM OF THAI- lowing: morning hour be deemed expired, the LAND. ‘‘SEC. . Section 11(f) of the Richard B. time for the two leaders be reserved for IN THE COAST GUARD Russell National School Lunch Act (42 U.S.C. their use later in the day, and there be THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT 1759a(f)) is amended by: TO THE GRADE INDICATED IN THE UNITED STATES (1) in paragraph (1)(E), by striking ‘2001’ a period for the transaction of morning COAST GUARD UNDER TITLE 14, U.S.C., SECTION 271: and inserting ‘2003’; and business until 10:30 a.m., with Senators To be commander permitted to speak for up to 5 minutes (2) in paragraph (2): DREW A RAMBO, 0000 (A) by striking subparagraph (A) and in- each, with the following exceptions: JOHN L STURTZ, 0000 serting the following: Senator STEVENS, 20 minutes; Senator STEPHEN G NURRE, 0000 STEVEN G WOOD, 0000 ‘(A) IN GENERAL.—The Secretary shall sub- REID of Nevada or designee, 10 minutes; JUNE E RYAN, 0000 mit to the Committee on Education and the and further, at 10:30 a.m., the Senate SCOTT E WILLIAMS, 0000 Workforce of the House of Representatives DEAN C BRUCKNER, 0000 resume consideration of the Labor-HHS TODD P SEAMAN, 0000 and the Committee on Agriculture, Nutri- Appropriations Act. GEORGE E BUTLER, 0000 tion, and Forestry of the Senate— BRYAN R EMOND, 0000 ‘(i) not later than January 1, 2003, an in- The PRESIDING OFFICER. Without STEPHEN S SCARDEFIELD, 0000 objection, it is so ordered. KEITH J TURRO, 0000 terim report on the activities of the State ADOLPH L KEYES, 0000 agencies receiving grants under this sub- f MARK R DIX, 0000 section; and WESLEY S TRULL, 0000 CARL B HANSEN, 0000 ‘(ii) not later than January 1, 2004, a final PROGRAM LINN M CARPER, 0000 report on the activities of the State agencies Mr. REID. Madam President, the JOHN R CAPLIS, 0000 receiving grants under this subsection.’; and MICHAEL R HICKS, 0000 Senate, even though we had a number ROBERT S BURCHELL, 0000 (B) in subparagraph (B), by striking ‘re- WAYNE P BROWN, 0000 port’ and inserting ‘reports’.’’. of matters that took a lot of time on ROBERT J KLAPPROTH, 0000 On page 89, after line 8, insert the fol- and off the floor, did make progress. ARLYN R MADSEN JR., 0000 DAVID W LUNT, 0000 lowing: We have a finite list of amendments DOUGLAS C LOWE, 0000 ‘‘SEC. . From the amount appropriated to that has now been placed in the THOMAS M MIELE, 0000 MATTHEW T BELL JR., 0000 the Animal and Plant Health Inspection RECORD. We have paper to work from, Service, $300,000 shall be provided for activi- DUANE R SMITH, 0000 in effect. Beginning tomorrow, at 10:30, MARC D STEGMAN, 0000 ties regarding West Nile Virus, in coopera- we are going to start working our way WILLIAM G HISHON, 0000 tion with the University of Illinois.’’. WYMAN W BRIGGS, 0000 through these amendments. It would be BENJAMIN A EVANS, 0000 On page 89, after line 8, insert the fol- THOMAS C HASTINGS JR., 0000 lowing: possible to complete the bill by tomor- JOHN M SHOUEY, 0000 ‘‘SEC. . Notwithstanding any other provi- row evening or maybe late afternoon. WILLIAM H OLIVER II, 0000 DONALD A LACHANCE II, 0000 sion of law, the City of Mt. Vernon, Wash- But regardless of when we are going to MARK E MATTA, 0000 ington, shall be eligible for grants and loans complete it, we are going to complete RICHARD C JOHNSON, 0000 administered by the Rural Housing Service it, and it is going to be done at the ear- JAMES O FITTON, 0000 of the United States Department of Agri- SALVATORE G PALMERI JR., 0000 liest possible date. MARK D RIZZO, 0000 culture for a period not to exceed one year All Senators should understand that SPENCER L WOOD, 0000 from the date of enactment of this Act.’’. ERIC A GUSTAFSON, 0000 there could be some late nights the CHRISTOPHER E AUSTIN, 0000 f RICHARD R JACKSON JR., 0000 next couple of nights. The majority ROBERT P MONARCH, 0000 AMENDING THE RECLAMATION leader has told me I should relay this PAUL D LANGE, 0000 EDWARD J HANSEN JR., 0000 RECREATION MANAGEMENT ACT to all Senators: that if we are going to DONALD J MARINELLO, 0000 OF 1992 complete the business we have prior to PAUL E FRANKLIN, 0000 STEVEN A SEIBERLING, 0000 Mr. REID. Madam President, I ask the Thanksgiving recess, which I think DENNIS D DICKSON, 0000 is the 16th—I am not sure of that HENRY M HUDSON JR., 0000 unanimous consent that the Senate JEFFREY W JESSEE, 0000 proceed to the consideration of H.R. date—we have a lot of work to do. We RICHARD A PAGLIALONGA, 0000 have this appropriations bill to do, and JOHN K LITTLE, 0000 2925, just received from the House, JAMES E HAWTHORNE JR., 0000 which is at the desk. two others, one of which is a very big SAMUEL WALKER VII, 0000 Defense appropriations bill. We have GORDON A LOEBL, 0000 The PRESIDING OFFICER. The ROBERT J HENNESSY, 0000 clerk will report the bill by title. bioterrorism. We have a stimulus pack- GARY T CROOT, 0000 The legislative clerk read as follows: age. We have a number of bills that are THOMAS E CRABBS, 0000 going to take some time. So everyone SAMUEL L HART, 0000 A bill (H.R. 2925) to amend the Reclama- STEVEN D STILLEKE, 0000 should understand there could be some JOHN S KENYON, 0000 tion Recreation Management Act of 1992 in THOMAS H FARRIS JR., 0000 order to provide for the security of dams, fa- votes into the evening. JOHN D GALLAGHER, 0000 cilities, and resources under the jurisdiction CHRISTOPHER B ADAIR, 0000 f GREGORY W JOHNSON, 0000 of the Bureau of Reclamation. ERIC C JONES, 0000 There being no objection, the Senate ADJOURNMENT UNTIL 10 A.M. GREGORY P HITCHEN, 0000 TOMORROW MELVIN W BOUBOULIS, 0000 proceeded to consider the bill. MELISSA BERT, 0000 Mr. REID. Madam President, I ask Mr. REID. Madam President, if there ANITA K ABBOTT, 0000 RAYMOND W PULVER, 0000 unanimous consent that the bill be is no further business to come before VERNE B GIFFORD, 0000 read three times, passed, and the mo- the Senate, I ask unanimous consent STUART M MERRILL, 0000 SCOTT N DECKER, 0000 tion to reconsider be laid upon the that the Senate stand in adjournment PETER W GAUTIER, 0000 table, and that any statements relating under the previous order. KEVIN E LUNDAY, 0000 MATTHEW T RUCKERT, 0000 thereto be printed in the RECORD, with There being no objection, the Senate, BRIAN R BEZIO, 0000 the above occurring with no inter- at 6:29 p.m., adjourned until Wednes- CHRISTOPHER M SMITH, 0000 ANTHONY J VOGT, 0000 vening action or debate. day, October 31, 2001, at 10 a.m. JOANNA M NUNAN, 0000

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JOSEPH SEGALLA, 0000 KEVIN F BRUEN, 0000 DIMITRI A DELGADO, 0000 GWEN L KEENAN, 0000 LAWRENCE E GREENE, 0000 MARTIN G SARCH, 0000 PATRICK P OSHAUGHNESSY, 0000 STEPHEN M MIDAS, 0000 SUSAN POLIZZOTTO, 0000 ANTHONY POPIEL, 0000 JOSEPH F ROCK, 0000 DEREK A DORAZIO, 0000 GRAHAM S STOWE, 0000 CHARLES A CARUOLO, 0000 ROSS L SARGENT, 0000 CHRISTOPHER P CALHOUN, 0000 KARL I MEYER, 0000 ROBERT M HENDRY, 0000 JAMES M CASH, 0000 MICHAEL A BAROODY, 0000 MARK S YOUNG, 0000 KYLE G ANDERSON, 0000 ROBERT I COLLER, 0000 MICHAEL K SAMS, 0000 DWIGHT T MATHERS, 0000 JOSEPH PONSETI, 0000 JONATHAN S SPANER, 0000 JONATHAN P MILKEY, 0000 GREGORY L CARTER, 0000 MATTHEW J SZIGETY, 0000 ROGER A SMITH, 0000 IN THE AIR FORCE ROBERT J TARANTINO, 0000 KEVIN N KNUTSON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHN E HARDING, 0000 RAYMOND C MILNE, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ANDREW P KIMOS, 0000 DAVID J WIERENGA, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE CRAIG S SWIRBLISS, 0000 VIRGINIA J KAMMER, 0000 JOHN T DAVIS, 0000 MARK J BRUYERE, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION JOHN J ARENSTAM, 0000 MICHAEL F TREVETT, 0000 601: ANTHONY R GENTILELLA, 0000 DALE A BLUEMEL, 0000 To be lieutenant General JOHN M FITZGERALD, 0000 LAWRENCE A KILEY, 0000 RAMONCITO R MARIANO, 0000 EDWARD W SANDLIN, 0000 MAJ. GEN. BRUCE A. WRIGHT, 0000 DAVID R BIRD, 0000 SCOTT D STEWART, 0000 LEIGH A ARCHBOLD, 0000 ISMAEL CURET, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JERRY D DOHERTY, 0000 JAMES A NUSSBAUMER, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- WILLIAM G KELLY, 0000 ERICH M TELFER, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE JOHN L BRAGAW, 0000 JAMES W BARTLETT, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION GLENN L GEBELE, 0000 STEPHEN E RANEY, 0000 601: MICHAEL S SABELLICO, 0000 MICHAEL P LEBSACK, 0000 To be general SUSAN K POWERS, 0000 JAMES D LYON, 0000 JOHN J METCALF, 0000 DAVID SAVATGY, 0000 LT. GEN. DONALD G. COOK, 0000 STEVEN J REYNOLDS, 0000 JEFFREY C WESTLING, 0000 SEAN M MAHONEY, 0000 TERI L JORDAN, 0000 THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- KEVIN J MCKENNA, 0000 MITCHELL L HARVEY, 0000 POINTMENT IN THE GRADES INDICATED IN THE UNITED CHRISTOPHER E ALEXANDER, 0000 RICHARD T TEUBNER, 0000 STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531: JAMES W SEBASTIAN, 0000 ALBERT W WYLIE, 0000 DAVID J PALAZZETTI, 0000 To be colonel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GREGORY S ROBERTSON, 0000 CESARIO F. FERRER JR., 0000 TO THE GRADE INDICATED IN THE UNITED STATES AMY L BARIBEAU, 0000 COAST GUARD UNDER TITLE 14, U.S.C., SECTION 271: DALE K BATEMAN, 0000 To be major To be lieutenant Commander COREY BONHEIM, 0000 CHARLES E FOSSE, 0000 RAYMOND Y. HOWELL, 0000 DEAN L FIRING, 0000 ROBERT W WARREN, 0000 IN THE ARMY KURT W RICHTER, 0000 DANIEL J GOETTLE, 0000 GARY G KUNZ, 0000 MARYJO MEILSTRUP, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DENNIS E BRANSON, 0000 LAURA H WEEMS, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE GARY L JONES, 0000 JOHN D REEVES, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: TIMOTHY D DENBY, 0000 JERRY R BARNES, 0000 JAMES H FINTA, 0000 GEORGE L BOONE, 0000 To be colonel STEPHEN H CHAMBERLIN, 0000 MATTHEW T MEILSTRUP, 0000 SAMUEL CALDERON, 0000 JOSEPH M CARROLL, 0000 EDWARD L BOCK, 0000 DALE D. ELLENS, 0000 LUIS M ROLDAN, 0000 JAMES A PASSARELLI, 0000 DAVID S. ELMO, 0000 BRIAN R WETZLER, 0000 MATTHEW R MCGLYNN, 0000 GEORGE D. FORTENBERRY, 0000 ALBERT R AGNICH, 0000 ROBERT F TAYLOR, 0000 BRIEN P. HORAN, 0000 BARBARA A ROSE, 0000 JANIE S SMITH, 0000 JEFFREY A. JACOBS, 0000 CAROLA J LIST, 0000 MICHAEL T MCBRADY, 0000 BERT K. MIZUSAWA, 0000 JEFFREY F NEUMANN, 0000 JAMES H MORAN, 0000 DOUGLAS F. OXBORROW, 0000 SEAN F LESTER, 0000 MICHAEL R COCKLIN, 0000 WILLIAM J. SMITH, 0000 JOSE A SALICETI, 0000 SEAN C MACKENZIE, 0000 VINCENT T. TAYLOR, 0000 RICKY N SORRELL, 0000 GREGORY S GESELE, 0000 ERIC R. WALDKOETTER, 0000 SUSAN R KLEIN, 0000 LEE B MYNATT, 0000 FRANK E. WISMER III, 0000 NEIL H SHOEMAKER, 0000 MARK M MURAKAMI, 0000 BRIAN P WASHBURN, 0000 JOHN S LUCE, 0000 IN THE NAVY MARK A EMMONS, 0000 STEVEN P WITTROCK, 0000 JOSE M ZUNIGA, 0000 JAMES P SPOTTS, 0000 THE FOLLOWING NAMED OFFICERS FOR TEMPORARY ANDRES V DELGADO, 0000 JASON D NEUBAUER, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE DAVID E HOTEN, 0000 SAMUEL R JORDAN, 0000 UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION ROBERT L SMITH, 0000 THOMAS W GESELE, 0000 5721: ROBERT C GAUDET, 0000 SCOTT K WAGNER, 0000 To be lieutenant commander MARK J MORIN, 0000 WILFORD R REAMS, 0000 DARNELL C BALDINELLI, 0000 BENJAMIN L DAVIS, 0000 BRADFORD W BAKER, 0000 MICHAEL H DAY, 0000 JAMES B MILLICAN, 0000 THAD A BIGGERS, 0000 JOSEPH F LECATO, 0000 TAMARA I KOERMER, 0000 EDWARD S BLUESTONE, 0000 JEFFREY R MCCULLARS, 0000 WILLIAMSTUART W IRWIN, 0000 MICHAEL J BOONE, 0000 PAUL E DITTMAN, 0000 KEVIN J LOPES, 0000 ROBERT A CASPER JR., 0000 DANIEL H MADES, 0000 MATT N JONES, 0000 ANGEL C CRUZ, 0000 PETER C NOURSE, 0000 GREGORY F HEROLD, 0000 BRIAN J FINMAN, 0000 DEAN J DARDIS, 0000 JOSEPH R BUZZELLA, 0000 STEPHEN F FULLER, 0000 PATRICK S MCELLIGATT, 0000 THOMAS H KING, 0000 ERIC E GEORGE, 0000 EDWARD A WESTFALL, 0000 CLIFFORD D TAYLOR, 0000 JEFFREY J HOPPE, 0000 WILLIAM A BIRCH, 0000 BRIAN E FIEDLER, 0000 ADOLFO H IBARRA, 0000 RANDALL G WAGNER, 0000 BYRON D WILLEFORD, 0000 BRIAN W JONES, 0000 DOUGLAS R CAMPBELL, 0000 DAVID J GODFREY, 0000 ETTA C JONES, 0000 KARL D DORNBURG, 0000 MICHAEL A CLYBURN, 0000 BRIAN D KIRK, 0000 JOYCE E AIVALOTIS, 0000 DANIEL P BARAVIK, 0000 MARK A LAKAMP, 0000 CHARLES G ALCOCK, 0000 WAYNE R ARGUIN, 0000 ANDY M LEAL, 0000 THOMAS J SALVEGGIO, 0000 JASON C COLLINS, 0000 ANTHONY J LINARDI III, 0000 STEVEN E VIGUS, 0000 ROSS A STROEBEL, 0000 MICHAEL J LYDON, 0000 LISA A RAGONE, 0000 HEATHER J WADDINGTON, 0000 ANGEL M MELENDEZ JR., 0000 ERIC L TYSON, 0000 JEFFREY D STEWART, 0000 STEPHEN E MILLS, 0000 WILLIAM R TIMMONS, 0000 DAVID L PETTY, 0000 DAVID K NUHFER, 0000 CLAUDIA C GELZER, 0000 GEOFFREY P GAGNIER, 0000 RODNEY M PATTON, 0000 MARK MARCHIONE, 0000 SEAN R SCHENK, 0000 BRIAN M PETERSON, 0000 JOHN B MILTON, 0000 TUAN L THOMSON, 0000 GARY PETERSON, 0000 KENT W EVERINGHAM, 0000 BENJAMIN J HAWKINS, 0000 ROLANDO RAMIREZ, 0000 SCOTT A HINTON, 0000 ALDANTE VINCIGUERRA, 0000 ROBERT B ROBERTS, 0000 ORIN E RUSH, 0000 JOHN S IMAHORI, 0000 ASHLEY C ROSE, 0000 MITCHELL A MORRISON, 0000 RONALD K SCHUSTER, 0000 KURT J ROTHENHAUS, 0000 CHRISTOPHER B HILL, 0000 JOHN C VANN, 0000 ROME RUIZ, 0000 ANTHONY E WALKER, 0000 MATTHEW T BECK, 0000 JASON B SCHEFFER, 0000 ROBERT J VOLPE, 0000 PATRICK T SMITH, 0000 MICHAEL J SCHILLER, 0000 JOSEPH R SIEMIATKOWSKI, 0000 EDWARD J GAYNOR, 0000 JOHN R SCHMIDT, 0000 ALAN L BLUME, 0000 KEVIN D ODITT, 0000 MARC S SCOTCHLAS, 0000 JEFFERY W THOMAS, 0000 KEVIN W RIDDLE, 0000 LEE P SISCO, 0000 LARRY L LITTRELL, 0000 KEVIN E WIRTH, 0000 WILLIAM A SMITH IV, 0000 CHRISTOPHER M HOLMES, 0000 DAVID W RAMASSINI, 0000 NICHOLAS H TAYLOR, 0000 THOMAS N THOMSON, 0000 CHRISTOPHER K MARCY, 0000 ROBBIE J THOMAS, 0000 RICHARD M KLEIN, 0000 JOSEPH E STAIER, 0000 RAY R WETMORE JR., 0000 JERRY J BRIGGS, 0000 ERIC S GLEASON, 0000 DAVID J WICKERSHAM, 0000 DAVID A BULLOCK, 0000 MALCOLM R MCLELLAN, 0000 BOB I FEIGENBLATT, 0000 SCOTT WASHBURN, 0000 RAMON E ORTIZVELEZ, 0000 ROBERTO J MUNIZ, 0000 f THOMAS W HARKER, 0000 MICHAEL A MULLEN, 0000 DANIEL R NORTON, 0000 NICHOLAS DELAURA, 0000 BRUCE D CHENEY, 0000 JOHN P DAILEY, 0000 CONFIRMATIONS KEVIN L REBROOK, 0000 KARIN E MESSENGER, 0000 WILLIAM E RUNNELS, 0000 THOMAS L LEVIN, 0000 Executive nominations confirmed by BRADLEY J RIPKEY, 0000 CHAD L JACOBY, 0000 CHARLOTTE B BROGA, 0000 BRENDAN D KELLY, 0000 the Senate October 30, 2001:

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UNITED STATES AGENCY FOR INTERNATIONAL BRIAN E. CARLSON, OF VIRGINIA, A CAREER MEMBER SERVICE, CLASS OF COUNSELOR, TO BE AMBASSADOR OF THE SENIOR FOREIGN SERVICE, CLASS OF CAREER EXTRAORDINARY AND PLENIPOTENTIARY OF THE DEVELOPMENT MINISTER, TO BE AMBASSADOR EXTRAORDINARY AND UNITED STATES OF AMERICA TO THE REPUBLIC OF PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA KENT R. HILL, OF MASSACHUSETTS, TO BE AN ASSIST- RWANDA. TO THE REPUBLIC OF LATVIA. ANT ADMINISTRATOR OF THE UNITED STATES AGENCY WANDA L. NESBITT, OF PENNSYLVANIA, A CAREER JOHN N. PALMER, OF MISSISSIPPI, TO BE AMBASSADOR FOR INTERNATIONAL DEVELOPMENT. MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF EXTRAORDINARY AND PLENIPOTENTIARY OF THE COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND J. EDWARD FOX, OF OHIO, TO BE AN ASSISTANT ADMIN- UNITED STATES OF AMERICA TO THE REPUBLIC OF POR- ISTRATOR OF THE UNITED STATES AGENCY FOR INTER- TUGAL. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA NATIONAL DEVELOPMENT. JOHN MALCOLM ORDWAY, OF CALIFORNIA, A CAREER TO THE REPUBLIC OF MADAGASCAR. E. ANNE PETERSON, OF VIRGINIA, TO BE AN ASSISTANT MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF CLIFFORD M. SOBEL, OF NEW JERSEY, TO BE AMBAS- ADMINISTRATOR OF THE UNITED STATES AGENCY FOR MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF INTERNATIONAL DEVELOPMENT. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES THE UNITED STATES OF AMERICA TO THE KINGDOM OF OF AMERICA TO THE REPUBLIC OF ARMENIA. THE NETHERLANDS. DEPARTMENT OF STATE BONNIE MCELVEEN-HUNTER, OF NORTH CAROLINA, TO CAMERON R. HUME, OF NEW YORK, A CAREER MEMBER BE AMBASSADOR EXTRAORDINARY AND PLENI- OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- JOHN F. TURNER, OF WYOMING, TO BE ASSISTANT SEC- POTENTIARY OF THE UNITED STATES OF AMERICA TO COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND RETARY OF STATE FOR OCEANS AND INTERNATIONAL THE REPUBLIC OF FINLAND. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA ENVIRONMENTAL AND SCIENTIFIC AFFAIRS. ROBERT V. ROYALL, OF SOUTH CAROLINA, TO BE AM- TO THE REPUBLIC OF SOUTH AFRICA. JOSEPH M. DETHOMAS, OF PENNSYLVANIA, A CAREER BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE ABOVE NOMINATIONS WERE APPROVED SUBJECT MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF THE UNITED STATES OF AMERICA TO THE UNITED RE- MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- PUBLIC OF TANZANIA. TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES MARGARET K. MCMILLION, OF THE DISTRICT OF CO- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY OF AMERICA TO THE REPUBLIC OF ESTONIA. LUMBIA, CAREER MEMBER OF THE SENIOR FOREIGN CONSTITUTED COMMITTEE OF THE SENATE.

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TRIBUTE TO GERI COOMBS Mr. Flynn’s law enforcement career began om how you have the strength to carry on, with the Fitchburg Police Department where but from the bottom of my heart, I am grate- he served from 1952 until 1963. From 1963 ful to you!!’’ HON. TOM LANTOS Into every sleeve, every trouser leg and OF CALIFORNIA until 1987, he served as Deputy Super- each pocket she tucked the note explaining intendent of the Worcester County Jail and IN THE HOUSE OF REPRESENTATIVES exactly where the items came from. ‘‘These House of Correction and Special Sheriff of are Mike’s clothes; you see, he doesn’t need Tuesday, October 30, 2001 Worcester County. them anymore . . . he died three years ago Mr. LANTOS. Mr. Speaker, I am honored to The sheriff has been active in many civic . . . I’ve asked Michael to be your guardian pay tribute to Mrs. Geri Coombs, who is retir- and community activities. He has been a angel.’’ member of the West Boylston Democratic Michael was Gioglio’s 19-year-old son. And ing from the California Teachers Association in the three years since his death, she has (CTA) after 25 years of dedicated service. I Town Committee in West Boylston; Board of held on. Held on to his clothing, his posses- had the distinct pleasure of hiring Geri when Directors of the Campaign for Human Devel- sions, his life. Two nights after the attack on I was involved with the CTA. I knew then, that opment; Veterans of Foreign Wars, West the World Trade Center, Gioglio was ready to Geri’s arrival would be a great benefit to the Boylston, Post 6709; American Legion Post 21 let go. CTA, and that judgment has been confirmed. Main South Post; President of the Armed ‘‘It hurts me that I’d been holding on to For the last twenty years Geri has been the Forces Committee in 1993; President of the Mike’s clothes. I was thinking about how Associate Executive Director and Controller of Massachusetts Sheriff’s Association, and his tired the rescue workers must be, how special 30 year association with the Mercy shocked. I was stuffing letters into the shirts the California Teachers Association. During and just wanting them to put them on, find that time she has guided the Association from Center and their mission to serve the mentally that piece of paper, and not feel anony- humble roots with an uncertain future to a retarded. mous,’’ Gioglio said. strong and vibrant association that has be- Son of Irish immigrants, the Sheriff is proud When Michael Gioglio was 16, Timothy come a model of financial stability for non- of his heritage, but proud to be an American. McVeigh bombed the Alfred P. Murrah Fed- profits across the country. Under her direction The ‘‘son of a steamfitter’’, he attended North- eral Building in Oklahoma City. ‘‘He wanted the CTA Business Division was reorganized, eastern University’s Division of Law Enforce- to jump on the plane right then,’’ Gioglio ment, and served in the U.S. Army during said. He wanted to help the rescuers there in resulting in both renewed financial success what was then the worst act of terror in and a restored confidence in the future reli- World War II as an infantryman in the Asian America. ‘‘He was too young, how could I ability of the Association. All who have had the Pacific Theater. During his service in the Na- just take a kid into that environment?’’ privilege of working with this dedicated woman tional Guard, he achieved the rank of Captain. Michael gave logical reasons, Gioglio said. share my confidence in her extraordinary lead- Above all, the Sheriff is a family man who He was strong, level-headed and willing to ership and vision. enjoys time with his wife Joan, their six chil- follow direction, he told her. But the answer Mr. Speaker, in addition to her outstanding dren, and seven grandchildren. was still no. Michael never said another word A true Democrat, a dedicated public serv- about it. financial insight, Geri’s understanding to the Then, three years later, he committed sui- goals of the CTA has given her a unique abil- ant, a loving parent and faithful brother, Sheriff cide, and with time, Gioglio started the proc- ity to allocate and direct resources to meet the Flynn exemplifies the ideals of the Democratic ess of healing. But she never was able to part many and diverse needs of the CTA. Among Party and the spirit of Eleanor Roosevelt. The with her son’s belongings. Geri’s many successes at the CTA was the Shrewsbury Democratic Town Committee is ‘‘Being surrounded with Mike’s things successful balancing of the demand for CTA honored to present him its 2001 Eleanor Roo- made it a little more comforting,’’ she said. sevelt Humanitarian Award. ‘‘It gave me a feel for what was.’’ services and resources from both large urban Michael was an athletic young man. The and small rural chapters. In addition it was f walls of his bedroom still display the more Geri’s important role as a management con- WASHING AWAY GRIEF sentimental reminders of his life—football sultant to the CTA Board bargaining team that photos, lacrosse pads, a golf iron. was instrumental to ensuring the trust and re- People told her that when the time was spect of both professional and associate staff HON. STEVE ISRAEL right to let go, she would know. It just never unions, thereby solidifying the integrity of the OF NEW YORK seemed to come. Until the moment in mid-September, when process. IN THE HOUSE OF REPRESENTATIVES Michael had a second chance to help. She Geri is respected by all who deal with her, Tuesday, October 30, 2001 found herself in his old room pulling long- as her colleagues stated in their glowing trib- forgotten clothing out of drawers and clos- ute of her: ‘‘No CTA member has been called Mr. ISRAEL. Mr. Speaker, this article ap- ets. ‘‘Humanity is dying,’’ Gioglio said about upon more often to solve seemingly insur- peared in Newsday on Tuesday, October 23, her sudden motivation, ‘‘and the simplest mountable problems and no CTA staff mem- 2001, on page A7. I would like to sincerely things are going to get all of us to a better ber will be missed more as she moves onward thank and commend Jean Gioglio for her gen- place.’’ erosity and kindness in donating her son Mi- It had taken years for Gioglio to get to and upward to a most deserved retirement.’’ this point, but as she packed her son’s be- Mr. Speaker, I urge all my colleagues to join chael Gioglio’s clothes to the World Trade Center rescue workers. longings, which had remained in his bedroom me in paying tribute to a tireless worker, a fi- untouched, her state-of-mind surprised her. nancial wizard, and an outstanding person on WASHING AWAY GRIEF ‘‘I was comfortable with it; I’m not heart- the conclusion of her extraordinary career with MOTHER DONATES DECEASED SON’S CLOTHES TO broken at all,’’ she said. the California Teachers Association. RESCUE WORKERS In fact, it felt as if Michael had tapped her on the shoulder and told her to do some- (By Nedra Rhone) f thing, she said. It was nearing some ungodly hour, and as TRIBUTE TO JOHN ‘‘MIKE’’ FLYNN Family members who had watched Gioglio rescue workers labored at Ground Zero hop- grieve over the years thought it was wonder- ing to find traces of the missing, Jean ful that she was able to give away her son’s HON. JAMES P. McGOVERN Gioglio labored over her washing machine. material possessions, Gioglio said. OF MASSACHUSETTS Suds from a homemade cocktail of deter- ‘‘Sometimes people need something, some gent and disinfectant bubbled about and the significant event, to jump-start some type of IN THE HOUSE OF REPRESENTATIVES piles of clothing seemed to grow before her healing or resolution,’’ said Jill Rathus, as- Tuesday, October 30, 2001 eyes, but she was determined to finish. The sociated professor of psychology at Long Is- weatherman had predicted rain for the next land University’s C.W. Post campus. The Mr. MCGOVERN. Mr. Speaker, I rise today day, and Gioglio wanted to get the clothing World Trade Center attack may have helped to honor John ‘‘Mike’’ Flynn, who has served to rescue workers by morning. push Gioglio to the next phase of healing. as the Worcester County Sheriff since January As the machine rumbled in her Bay Shore The tragedy could have many different ef- 7, 1987. home, Gioglio wrote a letter. ‘‘I cannot fath- fects on people who previously experienced

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E1940 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2001 the loss of a loved one, Rathus said. For On October 12, 2001, Melanie celebrates As the senior Marine, I then say a few some it may prove a setback, with the event her 60th birthday. Mr. Speaker, I hope you will words. In keeping with the type of audience, serving as confirmation of their already al- join me in wishing Melanie well on her birth- I try to make my remarks emotional, but tered world view and flooding them with relevant and to the point. Last year I re- painful memories. Others, like Gioglio, may day and to thank her for her service to so minded them that there were no ex-Ma- believe their mourning is shared and find a many people. rines—only Marines. greater sense of community with those now f We are gathered here to honor our Corps experiencing loss. and our fellow Marines. We pay homage to On Sept. 22, Michael would have turned 23 HAPPY BIRTHDAY TRIBUTE TO tradition and patriotism, to duty and honor, years old. THE U.S. MARINE CORPS to commitment and sacrifice. The voices of ‘‘I know there would have been no stopping those who have gone before us call out to us him now,’’ Gioglio said. HON. FRANK R. WOLF with the words that symbolize our Corps— Her son was no bleeding heart, she said, Semper Fidelis! In your present life, you OF VIRGINIA but he did care about animals, the environ- may be a farmer or a truck driver. You may ment and kids. IN THE HOUSE OF REPRESENTATIVES be old or young. Your hair may have grown ‘‘You wouldn’t pick him out in a crowd and Tuesday, October 30, 2001 grey and your middle thick. Life and the in- say ‘He’s a humanitarian,’’’ Gioglio said, evitable progression of time changes our out- ‘‘but he is there quietly in the background Mr. WOLF. Mr. Speaker, November 10, ward appearance, but it cannot alter what is doing what he can.’’ 2001, marks the 226th anniversary of the U.S. inside. Your presence here says what is in This time, his work in the background of- Marine Corps. On November 10, 1775, a your heart; you too have answered the role fered some form of comfort to weary fire- corps of Marines was created by a resolution call of Marines who call out to the next gen- fighters, police officers and emergency work- of the Continental Congress, and throughout eration—Semper Fidelis. I remind you, as I ers. the whole of American history the corps has have before, that you are still Marines. You Piece by piece, Gioglio ironed, folded and acted with the bravery and honor, courage have been branded with the eagle, globe, and anchor. It is seared into your soul. You have labeled Michael’s clothing, bundling size 34 and humility befiting the American armed serv- pants and large-sized sweatshirts into neatly earned the title Marine, and it is yours until wrapped piles that she delivered to Island ices. eternity. Harvest, the Long Island based organization In the wake of the tragic events of Sep- More than likely, no flag officer will ever that maintained a warehouse for donations. tember 11, and the current military operations speak at our birthday ball, and the Marine ‘‘It just stood out because it was clear that which are underway, I am hopeful that Amer- Corps band will only play for us via my cas- somebody went through a lot of trouble to ica has a new found respect and reverence for sette player. A high-ranking guest speaker, make sure this was going to get to the fire- our men and women in uniform wherever and expensive admission, and a prime rib dinner men,’’ said Tom Waring, president of the whenever they may serve. aren’t necessarily prerequisites for a success- ful birthday celebration, but enthusiasm, group, whose volunteers organized about As Marines both Retired and Active Duty, 300,000 pounds of tools, medical supplies, food sincerity, and the spirit of the Marines who and clothing. Waring later called Gioglio to Reservists, civilian and uniformed alike, gather attend are. thank her. cross the Nation to celebrate this momentous At the foot of the Blue Ridge, near the It was pouring rain the day local volun- occasion, I would like to acknowledge their Shenandoah river, where the natural beauty teers distributed Michael’s clothing to res- past service and give thanks for their contin- of the landscape takes your breath away, cue workers. A number of people called or ued vigilance during these trying times. you’ll find a small group of simple and down- wrote letters that same day to say, yes, her This week, in my own district, the Marines to-the-earth men and women who believe in note really had helped them feel better. of Page County will gather for a humble but the motto of their Corps—Semper Fidelis! They remain faithful, even though the Ma- One rescuer had just wiped the soot from memorable celebration at the Luray VFW. To his face and arms with baby wipes and rine Corps that they once knew exists only reached for Mike’s clean, dry shirt, when the commemorate this special day I would like to in their memories and in their hearts. The letter fluttered out. submit for the RECORD an essay composed by words on the billboard were more than ad- ‘‘He said to me, ‘I want to run home and Thomas E. Lloyd, Major, U.S. Marine Corps vertising: The Change Is Forever! hug my kids, but first I wanted to tell you (Retired), a resident of Virginia’s 10th Con- f that this is definitely a hug from yours,’’’ gressional District, who has captured the es- Gioglio said. sence of a lifetime devotion to the corps. A TRIBUTE TO RAFFI HAMPARIAN She believes that Michael is there at Ground Zero—hopefully as a guardian angel [From the Marine Corps Gazette, Nov. 1997] to workers doing the job he once dreamed of THE CHANGE IS FOREVER HON. STEVEN R. ROTHMAN doing. (By Maj Thomas E. Lloyd, USMC(Ret)) OF NEW JERSEY ‘‘Letting go of Mike’s possessions, I be- Until recently in my home town, there was IN THE HOUSE OF REPRESENTATIVES lieve, is somehow sending out the troops,’’ an advertising billboard on Main Street with Tuesday, October 30, 2001 Gioglio said. ‘‘Maybe I bit off more than Mi- the image of a young Marine officer in Dress chael can chew, but we definitely have him Blues with the caption. ‘‘The Change Is For- Mr. ROTHMAN. Mr. Speaker, I rise today to on the case.’’ ever.’’ Appropriately, the sign appeared pay tribute to a great American, a great public f about the same time as the 1996 Marine servant, a great expert on foreign affairs, a Corps Birthday. Each time that I passed it, great staff member, a great campaign worker, TRIBUTE TO MELANIE the soft murmur of memories echoed in my a great brother, son and husband, a great KERNEKLIAN ON THE OCCASION head. friend, and soon to be a great father. OF HER 60TH BIRTHDAY It’s fun to enjoy an occasional peek into the window of our past as long as we know Mr. Speaker, at the end of this week a man when to close the curtain. One enjoyable way who fits all those desciptions, Mr. Raffi HON. ERIC CANTOR to do this is to celebrate the birthday of our Hamparian, will be departing my office and OF VIRGINIA Corps with other Marines. Since our area is moving to the west coast to settle down with IN THE HOUSE OF REPRESENTATIVES rural and fairly remote, a few of us decided his wife and the new child they are expecting two birthdays ago to have our own celebra- in January. Tuesday, October 30, 2001 tion. Over the past 2 years, it has grown from He has served for the past five years as my Mr. CANTOR. Mr. Speaker, I rise today to a few retired Marines gathering to toast the senior legislative assistant and handled all my recognize a remarkable woman, Melanie birthday of their Corps to a community event of over 100 Marines, their families, and International Relations Committee and Foreign Kerneklian. I have known Melanie for many friends. Operations Subcommittee work. He has been years and have come to value her as a tire- There’s nothing fancy about our ball—the a strong and steady voice in the halls of this less advocate for the Seventh Congressional Marines who can still get into their uniforms Congress for the oppressed minorities of the District of Virginia and a friend. wear them, but there are no tuxedos or long world and for exporting the best of America to Melanie is dedicated to Virginia. She is gowns. For $7.00 you get a good, homecooked all those peoples hungry for freedom. known as a vocal and effective leader in the meal of roast beef, gravy, and mashed pota- Myself and the rest of my staff will not only community, but is most known for her advo- toes. After dinner, we ask the guests to light miss his great expertise at a time when we a candle for our Corps as two retired Marines cacy on behalf of the Armenian community. parade the colors with a marching glide that greatly need such insight into foreign affairs, Melanie is recognized as a leading expert on does not hint of their combined ages of 140 but we will also miss his friendship. We have the issues of import to the Armenian-American years. After the reading of the traditional all come to rely on seeing his smiling face and community and has worked on local, state and Birthday Message of Gen. Lejeune, the cake hearing his reassuring voice each morning we federal levels to promote awareness. cutting ceremony takes place. walk into the office. CONGRESSIONAL RECORD — Extensions of Remarks E1941 Mr. Speaker, this Congress and my office in Since I know that no Arab or Muslim leader any other region—can never reach their full particular are about to lose a tremendous re- will dare answer you, I thought I would do it. potential under repressive regimes like Iraq source, but I know Mr. Hamparian will stay in- Let met be blunt: Your statement was pa- or leaders like yourself. thetic. It’s obvious from what you said that Stalin and Mao killed a lot of their own volved in the public arena and will continue to you don’t have a clue why we’re so strong or people, but even these thugs had a plan for offer his services to the people of America, why the Arab regimes you despise are so their societies. You, bin Laden, are nothing wherever he may live or work. weak. but a hijacker—a hijacker of Islam, a hi- I want to take this moment to thank him for You spoke about the suicide attacks on us jacker of other people’s technology, a hi- all he has done for me and all he has done as being just revenge for the ‘‘80 years of hu- jacker of a vast Arab nation’s anger at its for this Congress and to wish him and his miliation and disgrace’’ the Islamic nation own regimes. But you have no vision and no family the blessings of God and every joy has gone through. You referred to the hi- plan for your people. Which is why your epi- jackers as a Muslim vanguard sent ‘‘to de- known to this world. taph will be easy to write: stroy America,’’ the leader of the ‘‘inter- Osama bin Laden—he destroyed much, he f national infidels,’’ and you denounced the built nothing. His lasting impact was like a Arab regimes as ‘‘hypocrites’’ and ‘‘heredi- footprint in the desert. TRIBUTE TO JOSEPH M. DeMARIA tary rulers.’’ What was most revealing, though, was f HON. JAMES P. McGOVERN what you didn’t say: You offered no vision of the future. This was probably your last will A TRIBUTE TO KIMBERLY LUGER OF MASSACHUSETTS and testament—I sure hope so—and you IN THE HOUSE OF REPRESENTATIVES could have said anything you wanted to fu- HON. ERIC CANTOR ture generations. After all, it was your mike. Tuesday, October 30, 2001 OF VIRGINIA Yet you had nothing to say. Your only mes- Mr. MCGOVERN. Mr. Speaker, I rise today sage to the Muslim world was whom to hate, IN THE HOUSE OF REPRESENTATIVES to honor the late Mr. Joseph M. DeMaria, a not what to build—let alone how. Tuesday, October 30, 2001 member of the Shrewsbury Democratic Town In part it’s because you really don’t know Committee. His active participation in monthly much about Islamic history. The Muslim Mr. CANTOR. Mr. Speaker, in my years of Sunday morning meetings will be sorely world reached the zenith of its influence in service I have met and worked with many missed. the Middle Ages—when it preserved the best people. Of these people, I have found few of classical Greek and Roman teachings, and who equal my chief of staff, Kimberly Luger. Mr. DeMaria was a construction engineer inspired breakthroughs in mathematics, with the Massachusetts Bay Transportation Kim has been with me since the beginning, science, medicine and philosophy. That is serving the people of Virginia as my aide in Authority, serving on the Worcester Commuter also when Islam was at its most open to the Rail Extension Project. He was a member of world, when it enriched, and was enriched the General Assembly and coming to Wash- the United States Army Infantry following Offi- by, the Christian, Greek and Jewish commu- ington to open and lead my congressional of- cers’ Candidate School in Fort Benning, Geor- nities in its midst—whom you now disparage fices. With an inexhaustible knowledge of the gia, and served in the National Guard. as infidels—and when it was actively trading people and issues of the Seventh District of He was a member of the Engineering and with all corners of the world. Your closed, Virginia, Kim serves with a professionalism, inward, hate-filled version of Islam—which dedication, and enthusiasm that is exemplary. Technical Union Local 5, St. Anne’s Church, treats women as cattle and all non-Muslims Shrewsbury Knights of Columbus-Adelphi She rises to every challenge and with her loy- as enemies—corresponds with no period of alty and commitment meets or exceeds every Council 4181, Italian American Victory Club, greatness for Islam, and will bring none. and formerly a member of the International It was also revealing that the only Arab goal. Union of Operating Engineers Local 4. In state you mentioned was Iraq. Interesting— Although she is an invaluable asset to me 1973, the Massachusetts Jaycees named him Iraq is led by a fascist dictator, Saddam Hus- and to the people of Virginia, Kim has decided Outstanding Young Leader of the Year. sein, who used poison gas against his own to leave the world of congressional affairs. In Mr. DeMaria was an active campaigner, a people, who squandered Iraq’s oil wealth to December, Kim and her husband, Charles build himself palaces and who raped Kuwait. Town Meeting Member for 20 years, a mem- Luger, are expecting their first child. After her But you are silent about all that. What both- years of service, Kim will turn her inexhaust- ber of the Shrewsbury Cable TV Commission, ers you is our targeted sanctions to end such and a delegate to State Democratic Conven- a regime—not the regime itself. ible talents toward her family. tions. His participation and Leadership in Little In other words, you not only don’t under- Mr. Speaker, Kim and Charles will be won- League, Youth football, and coaching of the stand the Muslim past, you don’t understand derful parents, and I hope you will join me and Victor Quaranta Post 397 American Legion is its present. The reason these past 80 years my family in wishing them the best on this ex- legendary. have been so stagnant for the Arab-Muslim citing new chapter of their lives and thanking world is not because we in America have Mr. DeMaria’s devotion to his family, includ- Kim for her contributions to the people of the been trying to keep you down. Actually, we Seventh District of Virginia. ing his sons Frank, Joe, Anthony and Paul, haven’t been thinking about you much at was well known. Therefore, it is a great pleas- all. No, the difference between American f ure to honor Joseph DeMaria at the 2001 El- power, Chinese power, Latin American power WORLD POPULATION AWARENESS eanor Roosevelt Humanitarian Award for a life and Arab-Muslim power today is what we’ve WEEK that embodied the values of Eleanor Roo- each been doing for these past 80 years. We sevelt. and others have been trying to answer many questions: How do we best educate our kids? HON. PETER A. DeFAZIO f How do we increase our trade? How do we OF OREGON BUSH TO BIN LADEN build an industrial base? How do we increase political participation? And we judged our IN THE HOUSE OF REPRESENTATIVES leaders on how well they answered all those Tuesday, October 30, 2001 HON. STEVE ISRAEL questions. OF NEW YORK But people like you want Arabs and Mus- Mr. DEFAZIO. Mr. Speaker, rapid population lims to ask only one question of their lead- growth and urbanization have become cata- IN THE HOUSE OF REPRESENTATIVES ers: How well did you fight the infidels and lysts for many serious environmental problems Tuesday, October 30, 2001 Israelis? I know that who rules Jerusalem is and are applying substantial pressures on in- a deeply important part of your heritage, frastructure, manifested especially in pollution, Mr. ISRAEL. Mr. Speaker, I would like to and every Arab-Muslim leader must address add the following article to the CONGRESSIONAL it. But it can’t be the only question. Yet, be- transportation, health, sanitation, and public RECORD. It appeared in the New York Times cause people like you have reduced it to the safety problems; making urbanization an issue on Friday, October 12, 2001, on page A23. only question, and tried to intimidate ever cannot afford to ignore. Cities and urban areas Arab who wanted to ask other questions, you today occupy only 2 percent of the Earth’s BUSH TO BIN LADEN have allowed your region to be led by scoun- land, but contain half of the world’s population (By Thomas L. Friedman) drels, like Saddam. and consume 75 percent of its resources. The White House has asked U.S. networks Yes, you’ve wreaked some havoc, bin It is therefore important for us to recognize to limit broadcasts of statements by Osama Laden, but don’t flatter yourself into think- bin Laden. I wish that instead of censorship, ing you can destroy us. You have to build the problems associated with rapid population the president would respond to him. Here’s something strong to destroy something growth and urbanization. Governor Kitzhaber what Mr. Bush could say: strong. But you can’t. Because all the intel- has proclaimed the week of October 21–27 of Dear bin Laden: I’ve listened to the state- lectual and creative energies in the Arab- this year as World Population Awareness ment you released through Al Jazeera TV. Muslim world—which are as bountiful as in Week in the great State of Oregon, and I E1942 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2001 would like to support the Governor in this ef- example of all the devoted, hardworking men GRATITUDE TO THE PEOPLE OF fort by entering his proclamation into the CON- and women who serve their communities CANADA GRESSIONAL RECORD. daily. Mr. Byrne has been active in the town PROCLAMATION of Shrewsbury for over thirty years, currently HON. MICHAEL BILIRAKIS Whereas: world population today exceeds serving as the vice chair of the Shrewsbury OF FLORIDA Democratic Town Committee and as the Town six billion and continues to increase by one IN THE HOUSE OF REPRESENTATIVES billion every 13 years; and Moderator. Whereas: the most significant feature of Mr. Byrne, in addition to serving the people Tuesday, October 30, 2001 the 20th century phenomenon of unprece- of Shrewsbury politically, is an active member Mr. BILIRAKIS. Mr. Speaker, I rise today in dented world population growth was rapid of the community. In the past he served as the an expression of gratitude to the people of urbanization; and Whereas: cities and urban areas today oc- President of the National Council on Alco- Canada, and the people of Newfoundland in cupy only two percent of the earth’s land, holism in Greater Worcestor. Mr. Byrne is also particular, for the invaluable support they of- but contain 50 percent of its population and on the Board of Directors of many groups, fered our citizens shortly after the September consume 75 percent of its resources; and which include the Audio Journal of Worcestor, 11th terrorist attacks. As a sign of apprecia- Whereas: the most rapid urban growth over the Bach Society of Worcestor, EntrActors tion, I would like to take this opportunity to the next two decades is expected in cities Guild of Worcestor, and the Worcestor Forum thank all Canadians for their warm, heartfelt with populations ranging from 250,000 to one Theater. actions during that time of crisis. million; and Whereas: along with advantages and amen- Kevin Byrne is engaged fully in his church. Canada stood firmly by our side in dealing ities, the rapid growth of cities leads to sub- He is a past President of the St. Mary’s Par- with the immediate consequences of the ter- stantial pressure on their infrastructure, ents Association, and a past member of both rorist strikes. When all U.S. air space had to manifested in sanitary, health and crime the St. Mary’s Parish Council, and the be cleared, hundreds of flights were diverted problems, as well as deterring the provision Worcestor Diocese Senate of Laity. to Canadian airports, mainly in Newfoundland of basic social services; and In addition to all of the other great work Mr. and Nova Scotia. During the following days, Whereas: in the interest of national and Byrne has accomplished for the community, the Canadian government and local authorities environmental security, nations must redou- did everything in their power to help the thou- ble voluntary and humanitarian efforts to he has been an active member in the Massa- stabilize their population growth at sustain- chusetts legal world. For five years Mr. Byrne sands of travelers that were unable to return able levels, while at all times respecting the was a Trustee and Treasurer of the Massa- to their homes. Furthermore, demonstrating cultural and religious beliefs and values of chusetts Bar Association. He is a past Presi- their solidarity to the American people, many its citizens; and dent of the Worcestor County Bar Association. ordinary citizens showed up at the airports Whereas: the theme of World Population He also hosts, and serves as the moderator and volunteered to give shelter to the con- Awareness Week in 2001 is ‘‘Population and on the Worcestor Weekly cablevision program, fused travelers. the Urban Future.’’ I recently received a letter from a con- Now, therefore, I, John A. Kitzhaber, Gov- ‘‘The Law Review.’’ ernor of the State of Oregon, hereby pro- Mr. Byrne, and his wife Virginia, are the stituent who was one of those travelers. Mi- claim October 21–28, 2001 to be World Popu- proud parents of three, Melissa, Christopher, chael Rollins of Safety Harbor, Florida, felt the lation Awareness Week in Oregon and en- and Jennifer. need to utter his sincerest and deepest thanks courage all Oregonians to join in this observ- to a community of people who have forever Mr. Speaker, I commend Kevin T. Byrne for ance. touched the lives of thousands of U.S.-bound his remarkable commitment to the people of air travelers stranded in Canada. f Central Massachusetts and the United States After de-boarding the plane in St. John, of America. He is truly an example of an out- DEATH OF AN INNOCENT AUTHOR Newfoundland, Mr. Rollins and all other pas- standing individual who has accomplished UNKNOWN sengers and crew found instant assistance many great things and who will leave a long and accommodations from the local popu- lasting legacy behind him. HON. CLIFF STEARNS lation. These caring individuals opened their homes and hearts. Total strangers provided OF FLORIDA f IN THE HOUSE OF REPRESENTATIVES groceries, clothes, towels, sheets and count- less other items in a selfless display of love Tuesday, October 30, 2001 PROCLAMATION FOR JAMES A RUCK and compassion. St. John’s Citadel Corps Mr. STEARNS. Mr. Speaker, I recently sub- took care of more than 300 people for over mitted to you a poem entitled Death of an In- five days. The same outpouring of warmth and nocent. One of my constituents, Elisabeth HON. STEVE ISRAEL comfort took place in the town of Gander, Cercek from Ocala, FL, was nice enough to OF NEW YORK where other flights were rerouted. There too, get this across my desk in hopes that it would IN THE HOUSE OF REPRESENTATIVES passengers experienced the benevolence of bring awareness to the problem of drinking strangers, and the nurturing and loving capac- and driving. I wanted to correct my previous Tuesday, October 30, 2001 ity of the human heart. statement which named Elisabeth as the au- Mr. ISRAEL. Mr. Speaker, it is with great The altruism, compassion and generosity of thor. The writer of Death of an Innocent is un- pride that I rise today to recognize one of New Newfoundland’s residents did not go unno- known. York’s outstanding educators, James A. Ruck, ticed. These sentiments show how much we f who has received the Golden Apple Award share with the people of Canada, how many TRIBUTE TO KEVIN T. BYRNE from his peers and the Suffolk County Council basic human values we both hold dear. As in recognition of his achievements. America moves forward, determined to protect The Golden Apple Award is presented only our freedom and our way of life from any ter- HON. JAMES P. McGOVERN to those who possess the qualities that make rorist threat, we feel proud to have Canadians OF MASSACHUSETTS our nation great: commitment to excellence, as neighbors, and more importantly, as IN THE HOUSE OF REPRESENTATIVES hard work, and genuine love of community friends. Tuesday, October 30, 2001 service. Receiving the Golden Apple Award is f Mr. MCGOVERN. Mr. Speaker, I rise today an extraordinary achievement with which only to honor an outstanding individual, Mr. Kevin the finest educators are honored. ECONOMIC SECURITY AND T. Byrne who will be receiving the Eleanor I ask my colleagues to join me in congratu- RECOVERY ACT OF 2001 Roosevelt Humanitarian Award for all his lating Mr. Ruck, as his activities are indeed years of dedication and service. This year’s worthy of praise. His leadership benefits our SPEECH OF Eleanor Roosevelt Humanitarian Award is community and he serves as a role model for HON. JERRY F. COSTELLO dedicated in memory to Joseph DeMaria for our youth. OF ILLINOIS his years of contribution to the Shrewsbury It is with great pride that I recognize the IN THE HOUSE OF REPRESENTATIVES Democratic Town Committee and for his com- achievements of James Ruck and bring the at- munity involvement with young adults. tention of Congress to this successful educa- Wednesday, October 24, 2001 Mr. Byrne’s service to Central Massachu- tor on his day of recognition. Congratulations Mr. COSTELLO. Mr. Speaker, I rise today in setts is truly remarkable. He is an excellent to you and your family. strong opposition to H.R. 3090. This is simply CONGRESSIONAL RECORD — Extensions of Remarks E1943 the wrong way to approach a short term eco- health the devastated arts community of New family. Mrs. O’Connor has been a familiar nomic stimulus bill. It is not temporary, and in- York in the wake of the September 11th at- sight on the playing fields of Shrewsbury. She stead of addressing the needs of laid off work- tacks. Broadway may be rebounding, but the and her husband John have three sons, John, ers, the Republican bill is a give away to the performance artists and the small art galleries, Kevin, and Brian. wealthiest Americans and corporations. Even who have no marketing campaign behind It is a pleasure to present the 2001 Eleanor Treasury Secretary O’Neill has said the bill is them, are suffering. A fully funded NEA could Roosevelt Humanitarian Award to a woman misguided. The country would be much better be the key to restoring this once thriving arts whose devotion to community and family ex- served by considering the comprehensive community and drive the economic recovery of emplifies the values of Eleanor Roosevelt. aviation security bill I introduced with other New York. But unless we make a commitment f Democrats on the Transportation and Infra- to dramatically increase its budget, it will not structure Committee. This should have been have the ability to lead these efforts. INTRODUCING MEDICARE CHRONIC one of our top priorities in the days after Sep- However, the arts are not just an economic CARE IMPROVEMENT ACT OF 2001 tember 11, but six weeks later we have not engine. They also provide the emotional and seen floor action. spiritual lift that we have all needed this past HON. FORTNEY PETE STARK There are numerous problems with the Re- month. In the wake of the attacks, music halls OF CALIFORNIA publican bill, but I am particularly troubled by around the country were packed. A crying na- IN THE HOUSE OF REPRESENTATIVES a provision that will allow multi-national cor- tion flocked to the theater to laugh again. Peo- Tuesday, October 30, 2001 porations to avoid paying U.S. taxes by taking ple went to dance concerts and museums for profits out of this country. How does this stim- a sense of community and emotional release. Mr. STARK. Mr. Speaker, today I join with ulate our economy? Some of the business In times of crisis, the arts can provide comfort several colleagues to introduce the Medicare provisions in this bill are retroactive all the way in a frightening world. Chronic Care Improvement Act of 2001. This back to 1986. In addition, the Republicans I salute the appropriators for supporting comprehensive piece of legislation would up- provide no immediate federal support for un- Challenge America. But I caution, if we do not date and improve the Medicare healthcare de- employment insurance or health care benefits support the other vital elements of the NEA, livery system to better meet the needs of peo- for laid off workers, but instead make benefits the flourishing arts communities we have ple with serious and disabling chronic health dependent on later actions by the states. We turned to in recent weeks will surely whither conditions. need to get money directly to middle and low- away. Individuals with chronic illnesses represent income workers to get that money back into f the highest-cost, fastest-growing sector in the economy. healthcare, accounting for 90% of morbidity, Mr. Speaker, I urge my colleagues to reject TRIBUTE TO DONNA LARGESS 80% of deaths, and over 75% of national di- this outrageous Republican bill, and then let O’CONNOR rect medical expenditures. For a person who us move quickly to consider aviation security is seriously disabled by their chronic condition, legislation. We have already waited far too HON. JAMES P. McGOVERN annual medical expenditures can be nearly 15 long. OF MASSACHUSETTS times that of a healthy person. Furthermore f IN THE HOUSE OF REPRESENTATIVES approximately 100 million Americans have Tuesday, October 30, 2001 chronic conditions and this number is ex- CONFERENCE REPORT ON H.R. 2217, pected to increase to 157 million—or half the DEPARTMENT OF THE INTERIOR Mr. MCGOVERN. Mr. Speaker, I rise today to honor Donna Largess O’Connor. Her polit- population—by 2020. AND RELATED AGENCIES APPRO- Although chronic conditions are America’s PRIATIONS ACT, 2001 ical commitment to the ideals of the Demo- cratic Party, as well as her contributions to number one healthcare problem, we have a SPEECH OF civic and charitable causes deserves com- healthcare system that is designed around mendation and respect. acute care needs. A recent IOM report, Cross- HON. JERROLD NADLER A life long resident of Shrewsbury, Mrs. ing the Quality Chasm, appropriately con- OF NEW YORK O’Connor graduated from Shrewsbury High cludes, ‘‘chronic conditions should serve as a IN THE HOUSE OF REPRESENTATIVES School, Memorial Hospital School of Nursing, starting point for the restructuring of health Wednesday, October 17, 2001 and Worcester State College. She has been care delivery because chronic conditions are Mr. NADLER. Mr. Speaker, I rise in support employed since 1973 at the Memorial Campus now the leading cause of illness, disability, of the Interior Appropriations bill. It is far from of UMass Memorial Medical Center, currently and death in the United States, affecting al- perfect, but it is thankfully free of the most ob- as Unit Manager of the Neonatal Intensive most half of the population and accounting for jectionable provisions we have seen the last Care Unit. the majority of health care resources used.’’ several years. While contributing to the care of newborns, This statement is particularly true with re- I want to take special note of the modest in- Mrs. O’Connor also played a special role in spect to Medicare beneficiaries—about 80% of crease once again granted to the National En- the town. She was elected to the board of se- those aged 65 and older have one chronic dowment for the Arts, Challenge America lectmen, serving as Chair, Vice Chair and condition and two thirds have two or more. For Grant. This is a very important program that Clerk during her twelve-year tenure. She was women, the numbers are even higher—90% helps bring the arts to areas of this country a Board member of the Massachusetts Munic- have one or more chronic diseases. that have traditionally been under-served. I’m ipal Association; the Massachusetts Select- Chronic illnesses are physical and mental happy to see this vital program continuing to man’s Association, Women Elected to Munic- conditions that are persistent, recurring, and be supported. ipal Office, and the Worcester County Select- can range from mild to severely disabling. At the same time, however, I can’t help but man’s Association. Additionally, she served as Some have acute periods that require hos- be disappointed that the other activities of the Chair of the Coolidge School Renovation pitalization, while others can be successfully NEA will continue to receive flat funding. After Project, the Town of Shrewsbury Growth managed to prevent costly hospitalizations. years of contentious debate, I suppose we Study Committee, and the Worcester County Conditions like arthritis, depression, and hy- could be thankful that at least it’s not a cut. Advisory Board. Currently, she is a member of pertension are particularly common among But in reality, it is a cut. Level funding means the Town of Shrewsbury Finance Committee, older Americans. Others, such as schizo- that the resources that the NEA needs to do Town Meeting Member, and a member of the phrenia and multiple sclerosis, can lead to its job get stretched thinner year after year. National Association of Neonatal Nurses. profound impairment and disability in Ameri- I appreciate the hard work of the appropri- Somehow, Mrs. O’Connor found time for po- cans under 65. ators, but I hope that in the future we can litical volunteering as well. She served as the We cannot deliver 21st century healthcare work to increase the NEA’s budget to a level Co-Chair with her cousin Linda Parmakian for with a system that was designed a half-cen- that would enable it to fulfill its core mission of the Committee to Elect Congressman Jim tury ago, before angioplasty or bypass surgery nurturing work that would not, on its own, re- McGovern, member of the Shrewsbury Demo- for heart disease and before L-dopa for Par- ceive popular support. At times, this may cratic Town Committee, and delegate to many kinson’s disease. Medical discoveries like mean supporting forms of expression that we Democratic State Conventions. A tireless cam- these have transformed many illnesses from ourselves may not agree with. But that is one paigner, Mrs. O’Connor works hard to secure rapidly disabling conditions to chronic condi- way we promote a free society. an election. tions that people live with for a long time. But A true National Endowment for the Arts However, despite her involvement with her the healthcare system that works for dev- would play a vital role in nursing back to community, her priority has always been her astating heart attack does not work for chronic E1944 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2001 illnesses, which benefit from a completely dif- conditions. I urge my colleagues to join me in tion, cumulative costs, and quality indica- ferent group of services. taking a major step forward in improving the tors in Medicare. For example, Medicare data show that peo- quality of care for Medicare beneficiaries with Direct the Secretary to report the study results to Congress every 3 years. The report ple with chronic conditions see eight different chronic health conditions. must include recommendations on improving physicians on average. Yet Medicare does not MEDICARE CHRONIC CARE IMPROVEMENT ACT care for Medicare beneficiaries with chronic compensate physicians for time spent commu- OF 2001 conditions, reducing chronic conditions, and nicating with each other around complex pa- TITLE I—EXPANSION OF BENEFITS TO PREVENT, reducing related medical expenses. tient needs, monitoring for harmful drug inter- DELAY, AND MINIMIZE THE PROGRESSSION OF Identify improvements in Medicare to ensure ef- actions, or teaching patients and caregivers CHRONIC CONDITIONS fective chronic condition care how to better manage their conditions. As a Improve access to preventive services Direct the Secretary to contract with the result, these crucial care coordination services Eliminate deductibles and co-insurance for IOM to investigate and identify barriers and are rarely provided. Medicare covered preventive services. facilitators to effective care for Medicare To effectively meet the needs of individuals Streamline process of approving preventive beneficiaries with chronic conditions, includ- with chronic conditions, our healthcare system benefits by directing the Secretary of Health ing inconsistent clinical, financial, or ad- and Human Services to contract with the In- ministrative requirements across care set- must reward care coordination as well as pre- stitute of Medicine (IOM) to investigate and tings. The IOM’s report must include rec- vention and health promotion. We must pro- recommend new preventive benefits every 3 ommendations to improve access to effective mote early diagnosis, interdisciplinary care, years. Grant the Secretary the authority to care. and counseling and education for patients and implement these recommendations, and fast- Definitions track the recommendations through Con- their caregivers. Furthermore, we must de- ‘‘Chronic condition’’ means one or more gress if the Secretary chooses not to act velop more effective national policies on physical or mental conditions which are upon this authority. chronic condition care by studying chronic likely to last for an unspecified period of condition trends, including utilization, quality, Expand access to health promotion services time, or for the duration of an individual’s and costs of services for patients with chronic Establish demonstration projects to pro- life, for which there is no known cure, and mote disease self-management. which may affect an individual’s ability to conditions. Implement a Medicare health education The medical discoveries of the 20th century carry out basic activities of daily living and risk appraisal program no later than 18 (ADLs), instrumental activities of daily liv- have dramatically prolonged the life expect- months after a series of demonstration ing (IADLs), or both. ancy of persons with all types of chronic con- projects conclude. ‘‘Serious and disabling chronic condi- ditions. In the 21st century, our challenge is to Expand coverage for care coordination and as- tion(s)’’ means the individual has one or reduce the progression of disability and im- sessment services more physical or mental conditions and has prove the functional status and quality of life of Create a new benefit that covers assess- been certified by a licensed health care prac- persons with chronic illness. ment, care coordination, counseling, and titioner within the preceding 12 months as The Medicare Chronic Care Improvement education assistance for individuals with se- having a level of disability such that the in- Act of 2001 strives to achieve these goals by: rious and disabling chronic conditions. Serv- dividual for at least 90 days, is unable to per- form at least 2 ADLs or a number of IADLs Improving access to preventive and ices could be provided by health care profes- sionals, including physicians, social workers, or other measure indicating an equivalent wellness services for Medicare beneficiaries; and nurses. Examples of items and services level of disability or requiring substantial Covering assessment and care coordination to be covered include: initial and periodic supervision due to severe cognitive impair- services for Medicare beneficiaries with seri- health screening and assessments; manage- ment. ous and disabling chronic conditions; ment and referral for medical and other f Refining fee-for-service payments for physi- health services; medication management; cian and post-acute services and M+C risk ad- and patient and family caregiver education THE IMPORTANCE OF ROYAL- justment methodologies to more accurately ac- and counseling. TIES—A SONGWRITER’S PER- count for the costs of chronic illnesses and TITLE II—ESTABLISH PAYMENT INCENTIVES FOR SPECTIVE disabilities; FURNISHING QUALITY SERVICES TO INDIVID- Studying chronic condition trends and costs UALS WITH SERIOUS AND DISABLING CHRONIC CONDITIONS HON. JOHN CONYERS, JR. to serve as the basis for improved Medicare Improve Medicare financing methods OF MICHIGAN policies on chronic care; and Direct the Secretary to refine Medicare IN THE HOUSE OF REPRESENTATIVES Commissioning an Institute of Medicine prospective payment systems for skilled Tuesday, October 30, 2001 study to identify barriers and facilitators to ef- nursing facility (SNF), home health, ther- fective chronic illness care, with a report and apy, partial hospitalization, end stage renal Mr. CONYERS. Mr. Speaker, today I am in- recommendations to Congress. dialysis (ESRD), and outpatient hospital serting into the RECORD a letter to me from For more detail, I am also entering a sec- services and refine resource-based relative Mr. Lamont Dozier, a fellow Detroiter who rose tion-by-section bill summary into the CON- value scale (RBRVS) payment methods for to the top of his profession as an award-win- GRESSIONAL RECORD following this statement. physicians to ensure appropriate payment ning songwriter, artist, and producer. In fact, This legislation has been endorsed by a va- for serving individuals with serious and dis- Mr. Dozier has been so successful that his ca- abling chronic conditions. riety of health organizations representing con- Direct the Secretary to refine reer has lasted for more than four decades, in- sumers and providers: Medicare+Choice risk adjustment method- cluding a stint as a songwriter for Motown Chronic Care Coalition: American Associa- ology to provide adequate payment for plans Records with the team of Holland-Dozier-Hol- tion of Homes and Services for the Aging; with specialized programs for frail elderly land. American Geriatrics Society, Catholic Health and at-risk beneficiaries. That success, however, did not come easily. Association of the United States, Elderplan Until the refined risk adjustment method- Most people usually think of the singer or Social HMO, National Chronic Care Consor- ology is implemented, direct the Secretary group who performed the song, not the song- to continue current payment methodologies writer or composer who wrote it. We easily re- tium, National Council on the Aging, National for existing specialized programs for frail el- Family Caregivers Association. derly and at-risk beneficiaries. member the Supremes and Phil Collins when National Depressive and Manic-Depressive Create a demonstration program to provide we hear ‘‘Baby Love,’’ ‘‘Stop in the Name of Association. additional payments to Medicare+Choice Love,’’ or ‘‘Two Hearts.’’ But if we look closely Association for Ambulatory Behavioral plans that provide a specialized program of at the liner notes on the albums for those Healthcare. care for beneficiaries with serious and dis- songs, we see songwriting credits for none American Lung Association. abling chronic conditions. These plans must other than Lamont Dozier. The Supremes and American Academy of Neurology. exclusively serve such beneficiaries or serve Phil Collins could never have had those hits a disproportionate share of such bene- United Seniors Health Cooperative. ficiaries. The demonstration program would had it not been for Mr. Dozier and his cre- American Neurological Association. expire one year after the refined risk adjust- ativity. In fact, through his artistic genius, we Let us not forget—Medicare is the major ment methodology is implemented. can understand the notion (to use the words source of health coverage for seniors with TITLE III—STUDY AND REPORT ON EFFECTIVE of Frances W. Preston, President and CEO of chronic conditions. As Congress considers CHRONIC CONDITION CARE Broadcast Music, Inc.) that ‘‘it all starts with a modernization strategies, we must take action Evaluate Medicare policies regarding chronic song.’’ to protect Medicare and ensure that its benefit, condition care In his letter, Mr. Dozier explains the impor- financing and oversight structures are able to Direct the Secretary to study chronic con- tance of copyrights, royalties, and perform- better meet the needs of persons with chronic dition trends and associated service utiliza- ance rights organizations. The Copyright Act CONGRESSIONAL RECORD — Extensions of Remarks E1945 gives to songwriters the exclusive rights over If our performance royalties were taken tions to our country and my contributions the public performance and distribution of their away, it would be in my mind and in the world-wide for the songs I wrote that broke copyrighted works—their songs—whether by minds of my millions of colleagues, an injus- down racial barriers and touched people all traditional or more modern forms of trans- tice in our legal system. For we have all over the world who know how to sing the worked for years and years and years to pro- songs, even though English is not their first mission. That means that a songwriter gets vide our country and other countries in the language. This is what makes me exist, and paid every time a song is played publicly over world with positive music to help enhance it is with this, that I am able to get up every the radio, television, or by some other means their lives. Yes, we have been paid for our morning, raise my children to be people with or sells via record or CD. Once an album no services, and just like a pension, which a integrity and to urge them to contribute longer sells like it used to, the payments for man receives for 40 years of work on an as- wisely to our country, It is going to take a public performances are the only money that sembly line at a factory, we, too, are due our lot for each and every one of us to keep the a songwriter, like Mr. Dozier, can rely on. royalties . . . especially since the record faith, and to teach the young ones to be Because individual songwriters cannot pos- sales, or as referred to in the music industry, strong and positive. I feel that my music has sibly patrol all the communications media— ‘‘the mechanicals’’ have all but fallen done that for all of these years, and I feel through to nothing with new artist record al- that I deserve to be compensated for my con- radio, television, Internet, etc.—for perform- bums, with internet activity and the ances of their work, they join performing rights tributions to millions of lives, even if they downloading of songs, and just the fact that are not buying my old records, just listening organizations (i.e., BMI, SESAC, and ASCAP) my songs appeal to a certain age bracket of to my old songs on radio stations that play to administer their rights. These organizations baby-boomers who may not buy the old time my music. provide a ‘‘blanket’’ license for the perform- record albums anymore, but who still like Again, I thank you from the bottom of my ance of musical works for all types of trans- and enjoy listening to the many radio sta- heart for taking the time to read my letter, missions and subsequently provide payments tions that still play these songs. and I hope that it will help you in your cru- I am forever grateful to these radio sta- to songwriters. I am certain that Mr. Dozier sade to enlighten those who need to know tions, their listeners, and to BMI, and to you ‘‘what it is like to be a sixty year old song- speaks for many songwriters when he notes Congressman Conyers, for helping over the that he ‘‘wouldn’t be able to survive’’ or sup- writer’’ who needs to live on BMI perform- many years to see that songwriters like me ance income. port his family without the performance royal- are still able to rely upon the earnings from Very sincerely yours, ties. our works to support our families, for with- LAMONT HERBERT DOZIER, Mr. Dozier so eloquently describes the im- out these earnings, I wouldn’t even know Holland-Dozier-Holland. portance of intellectual property and royalties, what kind of job I could do, because all of my that I felt compelled to make public his words life I have worked at being a songwriter, and f so that, like his songs, everyone could benefit ever since I was able to get my family and myself out of the Jeffrey Projects in Detroit, A TRIBUTE TO DEPUTY CHIEF from them. Michigan, at the age of 16 years old, I have JOHN ‘‘JACK’’ F. MCCARTHY SEPTEMBER 28, 2001. been writing songs and making a living writ- Hon. JOHN CONYERS, Jr., ing songs. Performance income is now the HON. WILLIAM O. LIPINSKI Ranking Member, House Judiciary Committee, only living that I do earn, although I keep OF ILLINOIS House of Representatives, Rayburn House trying to write new songs and try to place Office Building, Washington, DC 20515 them on the likes of Britney Spears and IN THE HOUSE OF REPRESENTATIVES DEAR CONGRESSMAN CONYERS: I am writing Nsync and Whitney Houston, but perhaps my Tuesday, October 30, 2001 this letter to you on behalf of myself, along time has been and gone, and younger song- Mr. LIPINSKI. Mr. Speaker, I rise today to with millions of other songwriters who have writers, with their mastery of song and pro- asked me to be their voice for certain judi- ductions, and with their ears more to the pay my respects to a distinguished leader, cial matters regarding songwriters and per- streets, have captured these younger artists family man, and deputy fire chief in my district, formance royalties. and modern record companies run by young John ‘‘Jack’’ F. McCarthy, who recently As I am certain you are aware, I am a executives, who don’t even know my name passed away. member of the Detroit songwriting trio, Hol- hardly recall my contribution in music. Born in 1927, in the Ogden Park Neighbor- land-Dozier-Holland, whose hit songs were Still, if it weren’t for BMI and performance hood, John had a long record of faithfully serv- written in the 1960’s, and those songs today, income, my family would be destitute. We still remain the tapestry of our country’s ing his country and community. He joined the are not receiving any income from Fire Department in 1951 after serving as a music, as they are referred to by millions of mechanicals or sales, as one would call it, listeners, as ‘‘feel good music’’, and right only air play. It’s not that I am lazy and just mechanic in the U.S. Army. In 1961 he was now more than ever, we all need ‘‘feel good sit back and wait for the checks. I try to promoted to the rank of Captain, and three music’’. earn money singing the songs I have made years later he was made battalion chief. In Along with the accolades, many awards famous for others, but the work is hardly 1985, John retired from the fire department as have been given to me for writing these there for a sixty year old man who was never songs that have in the past sold millions of deputy chief, having served for 34 years. known as a singer, still I try. I still spend records, but the most important compensa- Mr. McCarthy was respected and loved by money as a self-employed songwriter, in the tion I have received, is the performance roy- those who had the privilege to work with him alties, which through my performing rights writing and recording of song demos for new and by his family. He was known for his even- songs and send them out in the hope that society, BMI, have been the life’s blood of me handed leadership, willingness to help other, and my extended family. someone will like the new ones enough to record them in order to be able to be on the and for his studious approach to firefighting. For over forty-five years, I have been a John is survived by Patricia, his wife of 34 practicing songwriter who has had some hit charts again, have current hit songs, breathe songs, and then who has not had some hit new life into my waning career, and have year, his son Kenneth, and his three daugh- songs. When record sales have dried up be- record ‘‘mechanical’’ sales and more air play, ters, Patricia McCarthy, Pamela Amico, and cause age plays a factor in product that as I still have three children to put through Marie Connolly. sells, or incorrect accountings from Record school who live under my roof, and the usual Mr. Speaker, John ‘‘Jack’’ McCarthy’s strong Companies prevent any payments, the only lifestyle responsibilities that every citizen of dedication to his family, fire department, and money that I have been able to count on is the United States has. Perhaps my way of re- the community as a whole will be sorely from my still current performance royalties ceiving my income seems ‘‘glamorous’’ to those that don’t understand the business missed. I am certain that his legacy will live on which my family lives on from check to for many years to come. check. that I am in, as a still practicing songwriter. Because I still write everyday, I still hope It is not glamorous to send out several songs f to have more songs that will create sales and a month, and face rejection of those songs, air plays, but in the last several years I have to hear back that you are ‘‘old school’’, and ADDRESS OF FORMER SECRETARY not been lucky enough to make the charts to still get up every morning and sit down at OF STATE MADELEINE again. However, my older songs are still pop- the piano and come up with pretty melodies ALBRIGHT AT THE MEMORIAL ular with listeners around the world who and nice lyrics, and try try again! SERVICE OF YITZHAK AND LEAH choose to listen to certain radio stations I am thick-skinned, but still it gets to me. RABIN that still play these songs. If it were not for If our performance royalties were to be dis- those listeners, and BMI sending me those continued, I wouldn’t be able to survive, nei- checks, I would not be able to support my ther would all of the people I support, and HON. TOM LANTOS mother, brother and sisters in Detroit, my millions of families just like mine, who rely OF CALIFORNIA wife and our three children, and to continue on their life’s works to provide income to IN THE HOUSE OF REPRESENTATIVES to exist in this world with any dignity even them while providing enjoyment to others. Tuesday, October 30, 2001 though I am not as in demand as a song- Without performance income and BMI, I writer-producer today at age 60 as I was back would be a man with no dignity, who would Mr. LANTOS. Mr. Speaker, at a singularly in the 1960’s. be homeless and forgotten for my contribu- moving memorial service for the late Prime E1946 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2001 Minister Yitzhak Rabin and his lifelong partner our common fate is in our hands. Our com- future generations,’’ said NECO Chairman Wil- Leah at the Embassy of Israel, our former dis- mon inspiration is in the history of resil- liam Denis Fugazy. ‘‘In addition, we honor the tinguished Secretary of State, Madeleine ience and determination that characterize immigrant experience—those who passed our two nations. Our common strength is in through this Great Hall decades ago, and the Albright, spoke eloquently and with deep feel- our shared faith that free people working to- ing about the contribution of this extraordinary gether can achieve miracles. new immigrants who arrive on American soil couple, to peace and civilized life in the turbu- According to scripture there is a season to seeking opportunity.’’ lent Middle East. I am delighted to share with everything. Now is not the season for pious Mr. Fugazy added, ‘‘It doesn’t matter how my colleagues Dr. Albright’s remarks. platitudes and empty words. It is a time of you got here or if you already were here. Ellis testing, of walking through the wilderness, Island is a symbol of the freedom, diversity ADDRESS OF FORMER SECRETARY OF STATE of avoiding the sinking sand, and searching MADELEINE ALBRIGHT AT THE MEMORIAL and opportunity-ingredients inherent in the fab- for solid rock. And yet, as we gather here to- SERVICE OF YITZHAK AND LEAH RABIN ric of this nation. Although many recipients night to honor a man, share memories, and Ambassador Ivry, Sara Ehreman, distin- have no familial ties to Ellis Island, their an- rededicate ourselves to the principles for cestors share similar histories of struggle and guished guests and friends, I am honored to which he died, we are not afraid; we are con- be here with you tonight. Many of you had fident, because we know from experiences hope for a better life here.’’ the privilege of knowing former Prime Min- what terror can and cannot do. Terror can Established in 1986 by NECO, the Ellis Is- ister Rabin better than I, but I do have some turn life to death, laughter to tears, and land Medals of Honor pay tribute to the ances- wonderful memories of my own about this shared hopes to sorrowful memories. It can try groups that comprise America’s unique cul- warrior who made a strategic decision for destroy a marketplace and bring down tow- tural mosaic. To date, approximately 1,400 peace. ers that scraped the sky. It can even cause us American citizens have received medals. I met the Rabins when he served as Ambas- to hold our breath while opening an enve- NECO is the largest organization of its kind sador here, and we had a number of encoun- lope. But it cannot deprive us of our love for in the United States serving as an umbrella ters when I was UN Ambassador, some for- liberty or our solidarity with one another; it mal, some less so. I kept a picture of the two group for over 250 ethnic organizations and cannot make us retreat from our responsibil- whose mandate is to preserve ethnic diversity, of us at dinner in New York, in my office ities or abandon our commitments; it cannot throughout my tenure as Ambassador and drive a wedge between America and Israel; promote ethnic and religious equality, toler- Secretary. In my mind, however, the most and it will not prevail. ance and harmony, and to combat injustice, dramatic picture of him was on that Sep- Last night we turned our clocks back a hatred, and bigotry. NECO has a new goal in tember day on the White House lawn, when single hour, marking the end of daylight sav- its humanitarian mission: saving the lives of he at first reluctantly and then firmly shook ings time. It’s all we have the power to do. children with life-threatening medical condi- hands with Chairman Arafat. As he would We cannot turn back the calendar to Sep- say, you do not make peace with your friend. tions. NECO has found The Forum’s Children tember the eleventh, 2001, or November the Foundation, which brings children from devel- Although by the time I knew Yitzhak fourth, 1995. We cannot alter the past. We Rabin, he had gray hair; I fully understand cannot bring back the countrymen and lead- oping nations needing life-saving surgery to why Leah had years before fallen in love ers we have lost. We have no choice but to the United States for treatment. with a man with a full head of hair and what face reality. Ellis Island Medals of Honor recipients are she described as ‘‘the eyes of David.’’ He still But we CAN choose to be animated by selected each year through a national nomina- had those amazing eyes. hope, not fear; to acknowledge the presence tion process. Screening committees from Four years ago, when I made my first of evil in this world, but never lose sight of NECO’s member organizations select the final major speech on the Middle East, I wore this the good; to endure terrible blows, but never nominees, who are then considered by the pin, shaped like a dove, a gift from Leah. give in to those who would have us betray Soon thereafter, I saw her in Israel, and she board of directors. our principles or surrender our ideals. We Past Ellis Island Medals of Honor recipients gave me this necklace, along with a note can choose the path that we know in our saying that sometimes a dove needs rein- hearts would have been chosen by Yitzhak have included several U.S. Presidents, enter- forcements. So I am in debt to the Rabins, Rabin. The path of strength matched by tainers, athletes, entrepreneurs, religious lead- but for far more than the jewelry. compassion, of courage reinforced by faith. ers, and business executives, such as William I will not presume to speak for any of you, By so doing, we can be sure that the per- Clinton, Ronald Reagan, Jimmy Carter, Gerald but for myself. I am in debt to Yitzhak petrators of terror will fail in whatever pur- Ford, George Bush, Richard Nixon, George Rabin for what he has given me, which is an pose they have; and that America, Israel and Pataki, Mario Cuomo, Bob Hope, Frank Si- abiding and perhaps illogical sense of hope. all who love freedom will continue toward In my new life, I still give speeches, and am natra, Michael Douglas, Gloria Estefan, our rightful purpose of creating a more just Coretta Scott King, Rosa Parks, Elie Wiesel, expected to make sense, even about the Mid- and peaceful future for us and for all people. dle East. But I have begun to think, ‘‘what is Muhammad Ali, Mickey Mantle, General Nor- there left to say?’’ Remember what King f man Schwarzkopf, Barbara Walters, Terry An- Hussein called for that day in Aqaba when MEDAL OF HONOR RECIPIENTS 2001 derson, Dr. Michael DeBakey, Senator JOHN Israel and Jordan made peace? ‘‘No more MCCAIN, and Attorney General Janet Reno. death, no more misery, no more suspicion, ELLIS ISLAND no more fear, no more uncertainty of what CONGRATULATIONS TO THE 2001 ELLIS ISLAND each day may bring.’’ Seven years later, HON. DAN BURTON MEDALS OF HONOR RECIPIENTS This year’s recipients and their ethnic what is it we have, except death, misery, sus- OF INDIANA picion, fear and uncertainty of what each communities are Melvyn Aaronson, Treas- IN THE HOUSE OF REPRESENTATIVES day may bring? If there is any answer to that urer UFT, (Lithuanian/Polish/Russian); question it is the example of Yitzhak Rabin. Tuesday, October 30, 2001 Monte Ahuja, Chairman and CEO, Transtar Industries, Inc. (Indian); George L. Argyros, The former Prime Minister was no dreamer Mr. BURTON of Indiana. Mr. Speaker, or sentimentalist. He was a doer and a real- Chairman & CEO, Arnel & Affiliates, (Hel- ist. No one was more dedicated to Israel’s standing on the hallowed grounds of Ellis Is- lenic); Ted J. Balestreri, Chairman and CEO, survival, security and success. No one was land—the portal through which 17 million im- Cannery Row Company/Sardine Factory, more rigorous in drawing the distinction be- migrants entered the United States—cast of (Italian); Stasys J. Baras, Executive V.P., tween right and wrong. No one was more ethnic Americans who have made significant Director, Lithuanian Foundation Inc., (Lith- fiercely patriotic on Israel’s behalf. And no contributions to the life of this Nation were uanian); Richard H. Bard, Chairman & CEO, Israeli leader, before or since, has inspired presented with the coveted Ellis Island Medal Bard & Co., Inc. (Russian); Donald D. Belch- such trust among Palestinians and Arabs. of Honor at an emotionally uplifting ceremony. er, Chairman and CEO, Banta Corporation, (Irish/Scottish); Robert A. Belfer, Chairman It is making too much of one man to be- NECO’s annual medal ceremony and recep- lieve that if Rabin were still here, it would & CEO, Belco Oil and Gas Corporation (Pol- all be different. But how I wish we could test tion on Ellis Island in New York Harbor is the ish); John Montgomery Belk, Chairman and that hypothesis. I suspect, however, that if Nation’s largest celebration of ethnic pride. CEO, Belk, Inc. (English/Scottish/Irish); he WERE here tonight, he would scoff and Representing a rainbow of ethnic origins, this Lawrence Peter ‘‘Yogi’’ Berra, Retired tell us that our responsibility is not to honor year’s recipients received their awards in the Yankee great, (Italian); Bill C. Beutel, him, or to think about what might have shadow of the historic Great Hall, where the WABC–TV Anchorman, (German/English); been. Our responsibility is to clean up the first footsteps were taken by the millions of im- Madeline Boyd, Member of the Board, NY mess we are now in. migrants who entered the United States in the Mercantile Exchange, (Irish); Rick Boyko, He would tell us, Israeli and American, to President and CCO Ogilvy & Mather, put aside any differences we might have, and latter part of the 19th century. ‘‘Today we (Ukrainian/Italian); David D. Carr, President to stand together, with all who love freedom honor great ethnic Americans who, through & CEO, Brennan Industries, (Russian/ and cherish peace, to defeat terror, and con- their achievements and contributions, and in English); Thomas F. Carr, President, Thomas quer the hate outside us while preventing its the spirit of their ethnic origins, have enriched F. Carr & Associates, Inc., (Irish); Henry J. growth within us. He would remind us that this country and have become role models for Caruso, Chairman and CEO, HJC Investment CONGRESSIONAL RECORD — Extensions of Remarks E1947 Corporation, (Italian); Sonny Chabra, CEO, mander, (Hellenic); Dimitrios Kaloidis, Robert A. Sgarlato, President, Slater & AMC Corporation (Indian); Gus A. Owner, Terrace on the Park, (Hellenic); Sgarlato P.C., (Italian); Joseph Shaker, Chafoulias, Chairman, Chafoulias Company Bozena Kaminski, President, Polish and Chairman, Shaker Advertising Agency, Inc., Inc., (Hellenic); Arthur Cheliotes, President, Slavic Center, (Polish); Stephen P. Kaufman, (Lebanese); Sinan Sinanian, President, CWA Local 1180 Communications Workers of Chairman, Arrow Electronic Inc., (Russian/ Sinanian Development Inc. (Lebanese/Arme- America, (Hellenic); Mary Higgins Clark, Au- Romanian/Austrian/Hungarian); Hon. Ber- nian); Shun Yen Siu, Chairman & CEO, La- thor, (Irish); Hon. Una S. Tomlinson-Clarke, nard B. Kerick, Police Commissioner, fayette 148, Inc., (Chinese); Kaloust P. NYC Council Member, (Caribbean); Robert A. NYCPD (Russian/Irish); Peter E. Kilissanly, Sogoian, CEO, Director of Engineering, K P Cornog, Chairman, President, and CEO, President & COO, Preferred Employers Hold- Sogoian Mfg. Inc., (Armenian); Daisy M. Snap-On, Inc. (Welsh); Christos M. Cotsakos, ings, Inc., (Lebanese); Soonja Park Kim, Soros, Philanthropist, (Hungarian); Ted G. Chairman & CEO, E* TRADE Group Inc., President, M.K. Enterprise Inc., (Korean); Spyropoulos, President, TGS Petroleum Co. (Hellenic); George E. Danis, CEO, Richard Jay Kogan, Chairman & CEO, Sche- Inc., (Hellenic); Jerry Stiller, Actor, 2000 IntegraTECH Solutions, (Hellenic); William ring-Plough Corp. (Russian/Austrian/Hun- Medalist, (Polish); Frank Stillo, Chairman & E. Davis, Chairman & CEO, Niagara Mohawk garian); Evris Kontos, President & Founder, CEO, Sandy Alexander Inc. (Italian); Chris- Holdings, (Irish/English). Kontos Foods, (Cypriot); John A. topher Stratakis, Senior Partner, Poles, Erroll B. Davis, Jr., Chairman, President & Koumoulides, M.A., Ph.D., Professor of His- Tublin, Patestides & Stratakis LLP, (Hel- CEO, Alliant Energy, (African); Earnest W. tory, Ball State University, (Hellenic); Rich- lenic); Fred R. Sullivan, Chairman, Richton Deavenport, Jr., Chairman & CEO, Eastman ard L. Krzyzanowski, Esq., Crown Cork & International Corp., (Irish/Welsh); Thomas Chemical Company, (Irish/Scottish); Sr. Mar- Seal Company, Inc., (Polish); Vello Alex- C.C. Sung, Chairman & CEO, Abacus Federal ion DeFeis, Chaplain, NYC Department of ander Kuuskraa, President, Advanced Re- Saving Bank, (Chinese); Anthony J. Corrections (Italian); Philip R. DiGennaro, sources International, Inc., (Estonian); Szuezczewicz, President Polonia Bank, (Pol- Managing Director/Group Leader, TIAA– Ralph J. Lamberti, Executive Vice Presi- ish); Ivan Tiger, Secretary/Treasury New CREF, (Italian); Simos C. Dimas, Attorney, dent, Staten Island University Hospital, York State United Teachers, (Russian); Jo- Pavia and Harcourt, (Hellenic); H.E. Bishop (Italian); Evelyn H. Lauder, Sr. Corporate seph Volpe, General Manager, Metropolitan Stephen H. Doueihi, Office of the Bishop, Vice President, The Estee Lauder Companies Opera, (Italian); Farah M. Walters, President Eparchy of Saint Maron of Brooklyn, (Leba- Inc., (Austrian); Jay Lee, President & CEO, & CEO, University Hospitals Health System, nese); Nikitas Drakotos, President and CEO, By Design LLC, (Korean); Joseph H. (Persian); Bruce D. Wardinski, Chairman & M & N Management Corp., (Hellenic); Brigid Lemieux, Chairman & CEO, Owens-Illinois CEO, Crestline Capital, (Irish/Polish); Driscoll RSHM, Ph. D., President Emerita, (English/Canadian); Howard Li, Chairman & Ludwik Wnekowicz, President, Doma Export Marymount College, (Irish); Col. Brian CEO, Waitex International Co., Inc., (Chi- Co. Inc., (Polish); James G. Wood, Executive Duffy, Astronaut, NASA/USAF (Irish); An- nese); Michael F. Manzulli, Chairman & CEO Director, New York State United Teachers, thony Drexel Duke, Founder & President Richmond County Bank, (Italian); Markos (German/Welsh); Emily Woods, Chairman J. Emeritus, Boys & Girls Harbor, (English/ Marinakis, President & CEO, MKM Char- Crew Group Inc., (Dutch/Austrian/Russian); Spanish); Archie W. Dunham, Chairman, tering Inc., (Hellenic); Hon. Dominic R. Stephen G. Yeonas, Chairman, Stephen G. President & CEO (Native American/English/ Massaro, Justice, Supreme Court of New Yeonas Co., (Hellenic); Hon. Dennison Irish/Scottish/German); John R. Durso, York (Italian); Joseph A. Melillo, Chairman, Young, Jr., Counsel to the Mayor, Office of President, Local 338, (Italian, Irish, German, Richmond Investment Corp., (Italian); Sam- the Mayor, (Russian/Polish/Latvian) and Dr. Danish); Robert M. Dutkowsky, Chairman, uel H. Miller, Co-Chairman & Treasurer, For- Joseph Zagame, Philatelist, Italia Philatelic President, & CEO, GenRad Inc., (Polish); est City Enterprises, Inc. (Polish/Russian); Society, (Italian). Charles S. Ensley, President, AFSCME Local Sidney A. Miller, Chairman, Delta Financial 371, (African); Joseph J. Esposito, Chief of Corp., (Romanian/Russian); Larry A. Mizel, f Department NYPD (Italian); Jamie Farr, Chairman & CEO, MDC Holdings, Inc., (Rus- Actor, (Lebanese); James L. Ferraro, Esq., sian/Polish). A FEDERAL ROLE IN AVIATION President, Ferraro & Associates, (Italian); Joseph Monti, President, Crest Hollow SECURITY Kenneth Fisher, Partner, Fisher Brothers Country Club, (Italian); Nicola Mossa, Presi- (Russian). dent, Nico Hairstylists, Inc., (Italian); John Renee Fleming, Soprano, (Czech/Scottish/ H. Myers, President, GE Asset Management HON. NICK J. RAHALL II Welsh); Charles L. Flynn Jr., Ph.D., Presi- Inc., (German); Richard J. Naclerio, Ret. OF WEST VIRGINIA dent, College of Mount St. Vincent, (Italian/ President & CEO, Naclerio Contracting Co., IN THE HOUSE OF REPRESENTATIVES Irish); Harry C. Fotopoulos, President & Inc. (Italian); Richard Nicotra, President, Tuesday, October 30, 2001 CEO, INT Management, (Hellenic); Joseph L. The Nicotra Group, (Italian); Hon. George Fox, President, J. Fox Investigations, (Irish/ Onorato, Senator, NY State Senate, Mr. RAHALL. Mr. Speaker, the Federal Gov- English); William P. Galatis, Executive Di- (Italian); Paul J. Orfalea, Founder & Chair- ernment must take over our Nation’s aviation rector, Sports Museum of New England, (Hel- person Emeritus, Kinko’s Inc. (Lebanese); security system. I am proud to be an original lenic); George G. Gellert, Chairman, Constantine Papadakis, Ph.D., President, cosponsor of H.R. 3110, the ‘‘Transportation Atalanta Corp., (Russian/Hungarian); Mi- Drexel University & MCP, Hahnemann Uni- Security Enhancement Act of 2001’’ which will chael J. George, President, Melody Foods, versity, (Hellenic); Peter J. Pappas, CEO & Inc., (Chaldean); Lt. Col. Rodney W. Gettig, President, P.J. Mechanical Corp. (Cypriot); make security screeners Federal employees. Commander, U.S. Army Garrison, (French/ John Youn Young Park, President, Four Sea- I believe security screening must become a German); Hon. Rudolph W. Giuliani, Mayor sons Fashions, (Korean); Margaret LaGana Federal function because, until now, the air- of New York City, (Italian); Jack M. Green- Pataki, Volunteer & Homemaker, (Italian/ lines have contracted out to private security berg, Chairman & CEO, McDonald’s Corp., Irish); Kathleen M. Peslie, Principal, Peslie companies for the lowest bidder. As a result of (Eastern European); Pedro J. Greer, Jr., Financial Group, (Italian); Joseph Pfeifer, this arrangement, the men and women who M.D., Assistant Dean for Homeless Edu- President, Joseph Pfeifer Foundation (Ger- screen passengers as they walk through metal cation, University of Miami School of Medi- man); Vincent T. Pica, Vice Chairman detectors at our Nation’s airports are paid low cine, (Cuban/Irish); Gedalio Grinberg, Chair- Voyant Corporation, (Italian); Diane Port- man & CEO, Movado Group Inc., (Cuban); noy, President/Director/Co-Founder, The Im- wages—just above the minimum wage—have Hon. Felix Grucci, Jr., Congressman, United migrant Learning Center, Inc., (Polish); Les- no benefits, and have a turnover rate as high States Congress, (Italian); Edward Guiliano, lie C. Quick, (Posthumously) Former Chair- as 400 percent. They leave their jobs before President & CEO, New York Institute of man & CEO Quick & Reilly/Fleet Securities, they have a chance to master them. This Technology (Italian); Charles J. Hamm, Inc. (Irish); Peter Quick Jr., President, means that people who screen passengers as President, CEO, & Chairman, Independence American Stock Exchange, (Irish/English); they walk through the metal detectors have Community Bank Corp., (Irish/Swiss); Mar- Richard S. Rhee, M.D., Clinical Professor of very little experience looking for potentially le- ion R. Harris, CEO, International & Domes- Neurology, UMD of NJ & President of KAHF, thal weapons before passengers take their tic Development Corp., (African); Alan G. (Korean); Daniel D. Ricciardi, M.D., Chief, Hassenfeld, Chairman & CEO, Hasbro, Inc. Division of Rheumatology, LI College Hos- carry-on luggage aboard a plane. (Polish); Ralph Hittman, Retired Executive pital, (Italian); Marie Rust, Director N.E. I attach for the RECORD an op-ed entitled Director, Boys Brotherhood Republic of New Region, National Park Service, (Italian). ‘‘Airport security shouldn’t be hit-or-miss’’ by York, Inc., (Austrian/Polish); David R. Jim Ryan, TV Anchor, FOX 5, (Irish); James E. Casto, Associate Editor of the Her- Holmes, Chairman, The Reynolds & Reynolds Peter John Sacripanti, Attorney/Partner-In- ald Dispatch of Huntington, WV. Mr. Casto Company, (English/Irish/German); Morton P. Charge, McDermott, Will & Emery, (Italian); writes a rather entertaining piece about being Hyman, Chairman & CEO, Overseas Nicholas J. Sakellariadis, Managing Direc- stopped at the airport in San Diego, CA, in Shipholding Group Inc., (Russian). tor, Salomon Smith Barney, (Hellenic); Joseph F. Inzinna, M.D., Founder & Med- Charles G. Samiotes, Chairman, Samiotes June 1998, when a security screener spotted ical Director, Medical Imaging, P.A., Consultants, Inc., (Hellenic); Camille F. ‘‘something’’ in his bag. The ‘‘something’’ (Italian); U.S. Army General George Joulwan Sarrouf, Esq., Attorney, Sarrouf, Tarricone turned out to be a letter opener in his toiletry (Ret.) (Lebanese); Vice Admiral Michael P. & Flemming, (Lebanese); Hon. Bret kit. He used it as a makeshift screwdriver to Kalleres, USN (Ret.), Naval Fleet Com- Schundler, Mayor Jersey City, (German); replace a screw he lost from his eyeglasses. E1948 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2001 But woven into that entertaining piece, Mr. as a makeshift screwdriver to replace it. Children and Families, and other agencies, Casto noted that: And, since I was on my way to the airport at CASA of Fresno County created an innovative the time, I threw the screwdriver in my toi- As September 11th made tragically clear, infrastructure of new health and development let kit in case I needed it again. until now airline and airport security has But that was years before my 1998 Cali- programs for infants and toddlers and is being been pretty much a hit-or-miss proposition. fornia visit. cited as a model by the State of California for While the screener at the San Diego airport At the time, I estimated that I had gone other counties. was really on her toes, others are not. Mr. through maybe 50 or so airport security Mr. Speaker, I rise to congratulate CASA of Casto noted that during a long layover in Chi- checks with the letter opener tucked away in Fresno County for receiving national recogni- cago, there was a my kit. Nobody said a word about it—until I tion for their exemplary volunteer service in encountered that eagle-eyed female screener gaggle of screeners who were laughing and the Fresno community. I urge my colleagues at the San Diego airport. apparently having a great time. I doubt they to join me in wishing CASA of Fresno County Since Sept. 11 and the terrorist attacks would have noticed if I’d had an A–K 47 under perpetrated by airline hijackers said to be many more years of continued success. my arm. armed with simple box cutters, I’ve thought f Mr. Casto’s message is clear, concise, com- a lot about my old letter opener. And about CONGRATULATIONS TO BLUE plete and correct. The aviation security work- the amazing number of times I was able to force must have consistent work standards, breeze through airport security checkpoints SPRINGS SOUTH JAGUAR PRIDE because they answer to a vast number of without anyone saying a word about it. MARCHING BAND companies with inconsistent work standards. I As Sept. 11 made tragically clear, until believe federalizing the force is the surest way now airline and airport security has been HON. SAM GRAVES pretty much a hit-or-miss proposition. OF MISSOURI to achieve this goal. Security checkpoints have been manned by When the Federal Government takes over people generally working for whatever com- IN THE HOUSE OF REPRESENTATIVES training, supervision, and employment of secu- pany submitted the low bid for the contract. Tuesday, October 30, 2001 rity screeners, as the ‘‘Transportation Security Often, they’ve been paid minimum wage and Mr. GRAVES. Mr. Speaker, I rise today to Enhancement Act of 2001’’ provides, they will given little or no training. Far more typical than my experience in recognize the accomplishments of the Blue be subject to the highest performance stand- Springs South Jaguar Pride Marching Band ards. In addition, they will be paid decent San Diego was one I encountered when, dur- ing a long layover in Chicago, I waltzed and the Band Director John Robichaud. wages and benefits, which will encourage through security several times—letter open- The band, under the leadership and direc- them to stay on the job and master their jobs. er and all—and never got a second glance tion of Mr. Robichaud, was selected to partici- Our Nation’s passengers will then be reas- from a gaggle of screeners who were laughing pate in the Tournament of Roses Parade on sured that the most thorough screening of all and talking and apparently having a great January 1, 2002. Being selected to perform on passengers has taken place before they board time. I doubt they would have noticed, if I’d the national stage is a tremendous honor. their flights. This system is the best step we had an AK–47 under my arm. Congress is debating changes in airline and Their hard work and dedication will be an ex- can take to prevent the heinous crime of Sep- cellent representation of the people in the tember 11, 2001, from ever happening again. airport security. The Senate has voted to have security operations taken over by the Sixth Congressional District. AIRPORT SECURITY SHOULDN’T BE HIT-OR- federal government. The House and Presi- All the students, parents, teachers, and ad- MISS dent Bush favor a system that would see the ministrators at Blue Springs South High I remember the incident in every detail— federal government supervise and train pri- School should take pride in this commendable although I had to check back a bit to find ex- vate-sector employees. achievement. This outstanding band is deserv- actly when it happened. It was June of 1998, As for me, I think I’d favor tracking down ing of all the accolades it receives. and I was at the airport in San Diego, Calif., that tough-as-nails screener I encountered I commend Ronald Okum, Tournament of heading home. out in San Diego and putting her in charge. I got in line at security. When my turn Roses President and the rest of the selection f came, I placed my bag on the conveyor, committee for selecting the Jaguar Pride stepped through the metal detector and CONGRATULATING COURT AP- Marching Band and once again congratulate reached to retrieve my bag, only to find that POINTED SPECIAL ADVOCATES Mr. Robichaud and the students of the Blue one of the security screeners had a firm (CASA) OF FRESNO COUNTY Springs South Band for their dedication and grasp on it. hard work. You make the sixth district proud. ‘‘There’s something in here,’’ she said, fix- f ing me with the same kind of cold-eyed stare HON. GEORGE RADANOVICH she no doubt would have given bank robber OF CALIFORNIA HONORING MR. JOSEPH ROBERTO John Dillenger had he turned up in her line. IN THE HOUSE OF REPRESENTATIVES OF MIDLAND PARK, NJ I resisted an impulse to tell her that the only contraband in my bag was some dirty Tuesday, October 30, 2001 HON. MARGE ROUKEMA socks. Mr. RADANOVICH. Mr. Speaker, I rise ‘‘May I take a look?’’ she asked, delving OF NEW JERSEY today to honor the Court Appointed Special into my bag before I had a chance to even IN THE HOUSE OF REPRESENTATIVES answer. Advocates (CASA) of Fresno County for earn- ‘‘I don’t see it,’’ she said, as she pawed ing national recognition for their exemplary Tuesday, October 30, 2001 through my stuff. volunteer service in the community. CASA of Mrs. ROUKEMA. Mr. Speaker, I rise today ‘‘See What?’’ I asked. Fresno County has been named one of Cali- with a heavy heart to honor the life of Joseph ‘‘The machine showed a letter opener in fornia’s top honorees for community service. Roberto of Midland Park, NJ. On September here.’’ A letter opener? What the dickens would I CASA of Fresno County is a nonprofit orga- 11, Joseph was killed while conducting the na- be doing with a letter opener? Slowly, a faint nization which advocates for the best interest tion’s economic business in the World Trade memory dawned. of abused and neglected children within the Center. As a dedicated family man, intelligent Unzipping my toilet kit, she reached in, Juvenile Court system. Based on the belief financial analyst, and true American patriot, fumbled around a bit and triumphantly that every child is entitled to a safe and per- Joseph Roberto lived his life with a passion. pulled out a metal letter opener. manent home, CASA works in the court sys- And although he may have been taken early She summoned her supervisor, who looked tem through trained volunteers in collaboration from this life, his children will grow up knowing even less amused than she did. ‘‘Listen,’’ I said, ‘‘if this is a problem, I’ll with key agencies, legal counsel and commu- that their father was a hero to his family, and simply leave the opener here. I don’t need it. nity resources to serve as the child’s advocate now a hero to his country. All I want to do is catch my plane.’’ and voice in the dependency process. CASA That Tuesday, Joseph went to work for I started to walk away. advocates are recruited from Fresno County’s Keefe, Bruyette and Woods like always. As a ‘‘Wait,’’ the supervisor said, ‘‘you have to culturally diverse communities and trained by vice president and research analyst, he fill out a form.’’ qualified community professionals, counselors, worked hard to provide for his family and cre- So I had to complete and sign an ‘‘Aban- and educators. ate a good life in Midland Park. Like so many doned Property’’ form, giving my name and In late 1998, Fresno was one of the four flight number, before I hurried on my way. Americans that morning, Joseph was dutifully How in the world had a letter opener found counties awarded a 3-year demonstration doing his job, however what happened next its way into my toilet kit? Actually, the ex- project by the Stuart Foundation to focus on changed our nation. planation was simple: One day, I lost a screw infants and toddlers under the age of 3. In col- Thousands were killed that day, with thou- out of my eyeglasses. I used the letter opener laboration with Fresno County Department of sands of stories left to be told by their families. CONGRESSIONAL RECORD — Extensions of Remarks E1949 The void these individuals have left in their States Court of Military Appeals and the Su- AMC missions are intricate and complex, communities is vast. Words and medals can- preme Court of the United States. ranging from developing sophisticated weap- not make up for their absence. But in their General Coburn is a world-class logistician, ons systems and cutting edge research to deaths, the victims of the World Trade Center who served our nation brilliantly in numerous maintaining and distributing spare parts. It is attack have come to symbolize all that we love logistics assignments throughout his career, to the one place in the Army where technology, in America. The terrorists attacked these tow- include his prior assignment as the Deputy acquisition, and logistics are integrated to as- ers because they represented America’s de- Chief of Staff for Logistics, Department of sure Army readiness. With General Coburn at mocracy, economic prosperity, diversity, and Army from 1996 to 1999; Deputy Commanding the helm, AMC led the Army in sustaining the freedom. Joseph embodied these ideals in his General, AMC, Alexandria, Virginia and Com- nation’s defense industrial base with the right work and his life, and for that reason, he was manding General, U.S. Army Ordnance Center combination of maintenance depots, ordnance a target of these terrorist attacks. and School, Aberdeen Proving Ground, Mary- plants, arsenals and innovative industry part- We may not know the details of Joseph’s land. He was also the Deputy Chief of Staff for nerships. General Coburn is known as one of final moments, but we know what his death Logistics, U.S. Army Europe and Seventh the foremost leaders in transforming the Army. has done for our country. From this tragedy, a Army, Germany from 1991 to 1992. Prior to His strategy in building AMC as the conduit for tremendous pride in our country has emerged. that, he served as the Deputy Commanding new technologies is making the Army more le- We are stronger, more determined, and more General, 22d Theater Army Support Com- thal, lighter and readily deployable thus setting united. Signs in New York City storefronts mand, Saudi Arabia from April 1991 to July the path for the future. read: ‘‘I LOVE NEW YORK MORE THAN 1991, and as the Deputy Chief of Staff for Mr. Speaker, General Coburn deserves the EVER.’’ American flags hang in windows, Procurement, U.S. Army Materiel Command thanks and praise of the nation that he faith- doorways, fences, and wherever space can be from 1989 to 1991. From the jungles of Viet- fully served for so long. I know the Members found. A tremendous outpouring of charity do- nam to the Sands of Saudi Arabia, to the of the House will join me in wishing him, his nations and blood donations has swept across floors of our nation’s depots, General Coburn wife, Janice and their three sons, John, Robert the Nation. Franklin Delano Roosevelt called brought astute judgment, bold leadership and and Matthew, all the best in the years ahead. this ‘‘the warm courage of national unity.’’ With selfless service to our Army. this American courage and unity, we will win Other major command assignments of out- f our war against the men who terrorized our standing service include Commander of Mate- Nation and stole these lives. We are a nation riel Readiness Support Activity, Lexington, CONGRATULATING THE CHOO- united, now more than ever. And for this we Kentucky, from 1987 to 1989; Commander, Di- KASIAN ARMENIAN CONCERT EN- are tremendously grateful to Joseph Roberto. vision Support Command, 2d Armored Divi- SEMBLE For a man who loved his country, his death sion, Fort Hood, Texas, from 1984 to 1986; brought his country closer together. Commander, 124th Maintenance Battalion, 2d Joseph has the admiration and thanks of an Armored Division, Fort Hood, Texas, from HON. GEORGE RADANOVICH entire Nation. His family can be assured that 1980 to 1982; Commander, Defense Contract OF CALIFORNIA this Nation will never forget the atrocities of Administration Services Management Area, IN THE HOUSE OF REPRESENTATIVES September 11 or the values Joseph died for. Defense Logistics Agency, South Bend, Indi- Tuesday, October 30, 2001 Our country has come together. And we now ana, from 1978 to 1980; and Plant/Depot come together to tell Joseph’s family they are Commander, Taiwan Materiel Agency, AMC, Mr. RADANOVICH. Mr. Speaker, I rise not alone. America stands with them—now in Taiwan, from 1971 to 1973. After returning today to congratulate the Chookasian Arme- their hour of grief, and in the days and years from Taiwan, General Coburn attended the nian Concert Ensemble on their work to pre- to come. U.S. Army Command and General Staff Col- serve traditional Armenian music. The Mr. Speaker, I ask my colleagues to join lege, Fort Leavenworth, Kansas. Chookasian Armenian Concert Ensemble is me, the Bergen County community, and our General Coburn’s staff assignments include: the only traditional performing Ensemble of Ar- country in honoring Joseph Roberto for his Assistant Chief of Staff, G-4 (Logistics), 2d Ar- menian music in the United States. achievements in life and the legacy he leaves. mored Division, from 1982 to 1983; Executive John Chookasian, a premier clarinetist, is As his children grow in our unified country, we Officer, Battlefield Systems Directorate, Head- the founder of the Chookasian Armenian Con- will tell them about their father, an American quarters, AMC, from 1977 to 1978; Procure- cert Ensemble. He has been playing Armenian hero. ment Officer, Procurement and Production Di- folk music for over 35 years. John holds a f rectorate, Headquarters, AMC; Senior Advisor, graduate degree from the University of Ne- Training and Personnel, U.S. Army Engineer vada in music and education. He also taught HONORING THE RETIREMENT OF District-Saudi Arabia, Riyadh, Saudi Arabia, GENERAL JOHN G. COBURN Music and Ethnic Studies at U. of N. for 3 from 1975 to 1977; Executive Officer, Defense years. He and his wife Barbara have made it Contract Administration Services Region, De- their life’s mission to preserve ancient Arme- HON. ERNIE FLETCHER fense Supply Agency, New York, NY, from nian music for future generations. 1968 to 1971; Assistant G-3 (Operations), II OF KENTUCKY The Chookasian Armenian Concert Ensem- Field Force Vietnam, U.S. Army, Vietnam, IN THE HOUSE OF REPRESENTATIVES ble has been performing since 1994. The en- from 1967 to 1968; and Special Weapons Pla- Tuesday, October 30, 2001 semble performs the classical, folkloric, and toon Leader, Savanna Army Depot, Illinois, troubadour musical works of the 16th to 20th Mr. FLETCHER. Mr. Speaker, it has come from 1963 to 1964. to my attention that General John G. Coburn General Coburn’s military decorations in- centuries. The main aspiration of the ensem- is retiring after 37 years of exemplary active clude the Defense Distinguished Service ble is to preserve, promote, and perpetuate military service in the United States Army. He Medal, the Distinguished Service Medal, Le- the music of the Armenian people, as well as served his country with dignity, honor, courage gion of Merit with three Oak Leaf Clusters, to promote intracultural understanding. and integrity. Bronze Star with two Oak Leaf Clusters, De- In 1999, the President of Armenia, Mr. Rob- General Coburn is a native of the great fense Meritorious Service Medal, Meritorious ert Kocharian, invited the ensemble to present state of Kentucky and a distinguished military Service Medal with four Oak Leaf Clusters, a series of concerts in Armenia and Karabagh. graduate of Eastern Michigan University where Joint Service Commendation Medal, Army At this concert series the ensemble was pre- he was awarded a Bachelor of Arts degree in Commendation Medal, the Southwest Asia sented with the prestigious ‘‘National Gold Education in 1962 from Eastern Michigan Uni- Service Medal, and the Kuwait Liberation Medal Award of Armenia,’’ thereby making versity and commissioned as a second lieu- Medal. them the only musical group in the United tenant of Infantry. He earned a Master of Arts The General is concluding his illustrious ca- States to receive such an honor from the Ar- degree in Political Science and is a graduate reer as the Commanding General of the U.S. menian Government. of the Industrial College of Armed Forces, Fort Army Materiel Command (AMC) from May Mr. Speaker, I rise to recognize the McNair and Washington, D.C. General Coburn 1999 to October 2001. General Coburn’s ex- Chookasian Armenian Concert Ensemble for also has a Juris Doctor degree from the Uni- traordinary leadership extended around the working to preserve the tradition of Armenian versity of Missouri and is licensed to practice globe commanding one of the largest com- music. I urge my colleagues to Join me in law before the Supreme Court, State of Michi- mands in the Army, with over 50,000 military wishing the Chookasian Armenian Concert En- gan; Supreme Court, State of Kentucky; Dis- and civilian employees, and activities in 42 semble many more years of continued suc- trict of Columbia Court of Appeals; the United states and over a dozen foreign countries. The cess. E1950 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2001 INTRODUCTION OF RESOLUTION IN TRIBUTE TO JOE PATERNO ago. But they came back last week, and they ON CLEAN WATER came back today, and I tell you they’re going to be one hell of a football team.’’ HON. FRANK R. WOLF The game solidified freshman Zack Mill’s OF VIRGINIA spot as Penn State’s lead quarterback. Mills, HON. SHERWOOD L. BOEHLERT IN THE HOUSE OF REPRESENTATIVES a graduate of Urbana High School who came OF NEW YORK in on the Nittany Lions’ second possession Tuesday, October 30, 2001 after Matt Senneca started, threw two IN THE HOUSE OF REPRESENTATIVES Mr. WOLF. Mr. Speaker, I must admit to my touchdowns and broke his own freshman passing record with 280 yards. He completed Tuesday, October 30, 2001 colleagues today that my Penn State alumni pride is showing. 17 of 32 passes and also ran for 138 yards and a touchdown. Mr. BOEHLERT. Mr. Speaker, I am pleased This past Saturday in State College, Penn- to introduce a concurrent resolution regarding sylvania, Penn State head football coach Joe f the 30th anniversary of the Clean Water Act Paterno made history. When the Nittany Lions INTRODUCING THE STAFFING FOR (CWA) and encouraging citizens and govern- came from behind to defeat Big Ten rival Ohio ADEQUATE FIRE AND EMER- ment to recommit to meeting the Act’s ambi- State by a score of 29–27, it marked the 324th GENCY RESPONSE (SAFER) ACT win for Coach Paterno, affectionately known tious goals. OF 2001 as ‘‘Joe Pa.’’ First, let me thank my colleague and friend, Why was that win so special? It made Senator CHRISTOPHER ‘‘KIT’’ BOND, for intro- Coach Paterno the winningest major college HON. GENE GREEN ducing the same measure in the Senate. The football coach in history. That victory sur- OF TEXAS resolution we introduce today is very similar to passed the former record of 323 wins held by IN THE HOUSE OF REPRESENTATIVES the resolution enacted into law in 1992. That the legendary Paul ‘‘Bear’’ Bryant. Tuesday, October 30, 2001 What makes the record so special, too, es- legislation designated 1992 as the ‘‘Year of Mr. GREEN of Texas. Mr. Speaker, in the pecially for Penn State alumni and fans, is that Clean Water’’ and celebrated the Act’s 20th aftermath of the heinous attacks against our all those wins have come as Coach Paterno birthday. Both measures are largely the result nation on September 11, we have discovered paced the sidelines as head coach for the of efforts by our nation’s state water quality many things that our society has taken for Pennsylvania State University, where he has managers, specifically the Association of State granted. Foremost among these is the self- spent his entire coaching career. and Interstate Water Pollution Control Admin- lessness and dedication of our nation’s fire We salute Coach Paterno, his wife Sue and istrators, and America’s Clean Water Founda- fighters. his family, all the teams he has lead over the tion, which will coordinate the ‘‘Year of Clean These brave men and women who have for years to victory and all the young men who Water.’’ I want to thank them for their support so long protected our homes, families, and have not only learned how to play football communities, are now being asked to fill a in not only advancing this legislation but, more under his tutelage, but who have learned life new, expanded role beyond simply putting out importantly, carrying out the nation’s water lessons from one of the best teachers they fires. Fire fighters engage in search and res- quality programs on a daily basis. could ever have. cue activities, respond to natural disasters like Here’s to 324 and counting. This resolution signals the beginning of a floods, tornadoes, and hurricanes, and are on Mr. Speaker, I submit for the RECORD an year-long campaign for clean water through the front lines in the fight against terrorism, es- Associated Press article from the Sunday, Oc- public education, civic involvement, and im- pecially the growing threat of chemical and bi- tober 28, 2001, edition of the Washington Post proved coordination among government, busi- ological warfare. which reports on Coach Paterno’s record- ness, and community groups. The upcoming However, two-thirds of all fire departments breaking win. ‘‘Year of Clean Water’’ will culminate on Octo- in America are inadequately staffed and do ber 18, 2002, the 30th anniversary of the [From the Washington Post, Oct. 28, 2001] not meet the National Fire Protection Associa- CWA, and include volunteer cleanups, water PATERNO’S 324TH WIN MOVES COACH INTO 1ST tion (NFPA)’s 1710 Standard, which rec- quality monitoring events, watershed protec- State College, PA., Oct 27—Joe Paterno ommends no less than four fire fighters per tion summits, and other events to celebrate spent the last three months saying his chase vehicle. My hometown of Houston, center of the Act and strengthen the commitment to for the major college victory record was no our nation’s petrochemical industry, location of cleaner, safer water throughout the country. big deal. Now that he’s got it, he’s changing our nation’s second-largest port and home to his tune. a former president, is a prominent target for The CWA has made dramatic progress over ‘‘You never think it’s going to be a big deal terrorist attacks. Tight budgets have led to a the years in cleaning and protecting the na- until it happens like this, with this many shortage of fire fighters, and have put an in- tion’s waters through regulatory controls, part- people,’’ Paterno said today after his creasing strain on the ability of the Houston nerships, and financial assistance to states Nittany Lions rallied from an 18-point deficit to beat Ohio State, 29–27. ‘‘It’s just hard to Fire Department to respond. Other jurisdic- and municipalities. While we should celebrate describe. But I’m a very, very lucky guy to tions across America suffer from similar staff- the upcoming 30th anniversary and water be at an institution such as Penn State with ing shortages. quality achievements to date, we must also all these fans.’’ That is why I am introducing the Staffing for improve our efforts to tackle persistent and The win was No. 324 for Paterno, who Adequate Fire and Emergency Response emerging challenges—including nonpoint passed Paul ‘‘Bear’’ Bryant for the record. Paterno has spent his entire coaching career (SAFER) Act of 2001. This legislation will en- source runoff, acid rain, and wetlands destruc- at Penn State, serving as an assistant for 15 sure that we have an adequate number of tion. In order to succeed in the long term war years before becoming head coach in 1966. well-trained fire fighters who can fill that ex- on water pollution, we’ll need to continuously Paterno came into the season one win be- panded role as first responders to fires, emer- improve the science and foster creative per- hind Bryant but was questioned and criti- gencies, and terrorist attacks, including chem- formance-based partnerships. That’s why the cized—even by some of the Penn State faith- ical and biological attacks. resolution specifically recognizes the need for ful—after his team started 0–4. He tied Bry- The SAFER Act would establish a seven- ant last week with a 38–35 win at North- year grant program, closely modeled after the further development and innovation of water western. pollution control programs and advancement Ohio State Coach Jim Tressel said brief successful Community Oriented Policing, of water pollution control research, technology, congratulations to Paterno, then quickly Services (COPS) program. This program and education. went to his locker room. would add an additional 75,000 fire fighters in ‘‘I have respect for his tremendous career, departments across America. Under SAFER, Mr. Speaker, I urge my colleagues to co- but that moment was for he and his team,’’ the Federal government would cover 75% of sponsor this bipartisan and bicameral legisla- Tressel said. the salary and benefits for a three-year period, tion. I look forward to working with the leader- After the game, in the understated style with the grantee covering the remainder of the ship of the House Transportation and Infra- Penn State fans have come to expect, cost. The local departments would then be re- Paterno praised his team, hugged his wife structure Committee and Senate Environment quired to retain that position for at least one and Public Works Committee. I also look for- and held his grandchildren at a ceremony at midfield. additional year. Based on the experiences of ward to working with the Administration, which ‘‘I can’t tell you how proud I am of this the COPS program, once an agency has in- I know is already planning efforts to celebrate football team,’’ Paterno told the crowd. vested four years in an individual, it is likely the Year of Clean Water. ‘‘They could have packed it in a long time that they will be retained. CONGRESSIONAL RECORD — Extensions of Remarks E1951 In the wake of the attacks on the World Ed is being honored with the Gold Medal at SHIXIONG LI LETTER DESCRIBING Trade and Pentagon, Congress has the re- this year’s ‘‘Maple Leaf Ball,’’ which is hosted RELIGIOUS PERSECUTION IN sponsibility to assist states and communities in by the Canadian Club of New York, The Ca- CHINA protecting Americans from future terrorist inci- nadian Society and The Canadian Women’s dents. I hope that Congress will act quickly Club of New York. Together, these three orga- HON. FRANK R. WOLF and pass this legislation that will strengthen nizations form The Maple Leaf Alliance. This OF VIRGINIA our homeland defense by providing our fire alliance provides charitable support, social, IN THE HOUSE OF REPRESENTATIVES fighters the manpower they need to protect us cultural and professional events to it’s mem- from this expanded threat. bers, and the surrounding community. These Tuesday, October 30, 2001 f organizations have chosen Ed Hunter as the Mr. WOLF. Mr. Speaker, as co-chairman of recipient of the Gold Medal, which is only be- HONORING EDWARD D. HUNTER the Congressional Human Rights Caucus, I stowed upon those who embrace the want to share a letter I recently received from ideologies, dedication, and determination that Shixiong Li, president of the Committee for In- HON. BENJAMIN A. GILMAN embodies these three organizations. He will vestigation on Persecution of Religion in OF NEW YORK be joining a distinguished list of honorees in- China, Inc., regarding religious persecution in IN THE HOUSE OF REPRESENTATIVES cluding, the Honorable Cordell Hull, former China. The letter notes that the passing of Tuesday, October 30, 2001 Secretary of State for the United States; The permanent normal trade relations (PNTR) has Right Honourable William Lyon Mackenzie had a grave effect on House Church believers. Mr. GILMAN. Mr. Speaker, I am pleased to King, former Prime Minister of Canada; Her A graph identifying the number of persecuted rise today in recognition of Edward D. Hunter Majesty, Queen Elizabeth, the Queen Mother; House Church believers shows an alarming in- who will be honored during The Maple Leaf and His Excellency Berry Connell Steers; the crease of those being persecuted by the Chi- Ball on November 2, 2001 as the recipient of Canadian Ambassador to Japan. nese government since the passing of PNTR. the Gold Medal from the Canadian Club of Accordingly, I invite my colleagues to join in I look forward to the day when the citizens New York, for his distinguished service in fur- saluting Edward Hunter as the Gold Medal re- of China will be free to worship the religion of thering amicable relations between Canada cipient from the Canadian Club of New York, their choosing and enjoy the basic human and the United States. and for his many years of service fostering a right of religious freedom. Mr. Hunter was born in Campbellville, On- positive relationship between the United tario on June 21, 1919. After graduating from COMMITTEE FOR INVESTIGATION ON States and Canada. the Milton Business College, he began, at the PERSECUTION OF RELIGION IN CHINA, INC. early age of 15, working at The Bank of Nova A TRUTH-FINDING INVESTIGATIVE TABLE OF CHI- f Scotia. He served at several Ontario NESE GOVERNMENT’S PERSECUTION OF FAM- branches, then entered the Canadian Armed ILY CHURCHES RECOGNIZING THE JUVENILE Preface, October 9, 2001 Forces from 1941-1946, stationed mostly in DIABETES FOUNDATION the United Kingdom. Upon his return to Can- For more than nine months, our members ada, he immediately resumed his career with have done a lot of concrete things in the U.S. and China. In Mainland China alone, more The Bank of Nova Scotia, and was first as- HON. GEORGE RADANOVICH than ten thousand believers have secretly signed to the Dominican Republic. For twenty- OF CALIFORNIA participated in the task of collecting and two years, he represented the bank through- compiling materials on religious persecu- out the Carribean, mostly in Santo Domingo, IN THE HOUSE OF REPRESENTATIVES tion. Under China’s ‘‘modernized despotism,’’ where he was promoted to Manager. In the Tuesday, October 30, 2001 this task, however dangerous it may be, is years that followed, Mr. Hunter was stationed worth doing, for what it produces is strong in San Juan, Puerto Rico; Beirut, Lebanon, Mr. RADANOVICH. Mr. Speaker, I rise evidence of the Chinese government’s perse- and lastly in Athens, Greece. today to recognize the Juvenile Diabetes cution of religion rather than information In 1972, Mr. Hunter came to New York to based estimation or guess-work. It is a Foundation for continuing their efforts to fund record of Chinese communist crimes of be in charge of the bank’s operations. For fif- diabetes research and education. treading on human rights, with lists of true teen years, he became a well-known, re- The Juvenile Diabetes Foundation (JDF) names of the victims and the real location spected member of the community. He retired was founded in 1970 by parents of children where abuse took place. For the partici- in 1997 after fifty-two years of service to the with diabetes. The foundation was created pants, nothing is more dangerous than publi- bank. However, he is still often found in his of- with the mission of finding a cure for the dis- cizing their name list. This is the reason fice that the now ‘‘Scotiabank’’ has provided to that for now we can only put out name lists ease and its complications through the support of those who are dead, handicapped, impris- him. He has held numerous leadership roles in of research. the past including: President of the Santo Do- oned, under surveillance or on the run. Other The JDF is a professional organization that name lists will not be revealed, but numbers mingo Country Club, President of the Cana- is one of the nation’s most cost-efficient char- of the persons on each of these name lists are dian Club of New York, President of the Cana- ities, providing at least 80 cents of every dollar given. In addition, name lists of abusing pub- dian Society of New York, and honorary Life to research and education about research. By lic security men and women are shown. Member of the Institute of International Bank- 200l, JDF’s commitment to its mission will in- ers, to name just a few. A CONTRASTIVE TABLE OF NUMBERS OF FAMILY CHURCH crease to $100 million per year. In Ed Hunter’s many years of service to the BELIEVERS PERSECUTED BY THE CHINESE GOVERN- bank, especially while in New York, he has al- Since their inception, JDF has provided over MENT BEFORE AND AFTER THE PASSAGE OF PNTR ways strived to improve and cherish both his $326 million for diabetes research, more than [Date of tabulation: October 2001] heritage in Canada, and the United States any other non-profit non-governmental health May 24, where he has spent almost two decades. He agency in the world. Events like the Walk to 1983 to May 2000 to has fostered and strengthened relations be- Cure Diabetes are important community activi- 23, 2000 September 2001 tween the two nations in all his activities, but ties that continue the fight against this debili- never more diligently then when he served as tating disease. Persons arrested ...... 20,861 2,825 Persons in labor reform or labor reeducation .. 3,692 322 the President of the Canadian Club of New Mr. Speaker, I rise to recognize the Juvenile Persons wanted by the authorities ...... 7 ...... York. During his term, he was able not only to Diabetes Foundation for their fight against dia- Persons forced to be on the run ...... 1,104 441 Persons abused to death ...... 126 3 reach out to others in the community, but also betes. I urge my colleagues to join me in wish- Persons abused to handicapping ...... 204 4 by setting an example of dedication, deter- ing the Juvenile Diabetes Foundation many Persons under surveillance ...... 892 105 mination and poise. more years of continued success. Persons fined ...... 8,397 1,288 A TRUTH-FINDING INVESTIGATIVE TABLE OF CHINESE GOVERNMENT’S PERSECUTION OF FAMILY CHURCHES [Date of tabulation: October 2001]

Persons in Persons Persons Persons ar- labor reform wanted by Persons Persons abused to Persons Persons Time rested or labor re- the authori- forced to be abused to handi- under sur- fined education ties on the run death capping veillance

1983 ...... 1,584 426 ...... 29 11 13 56 28 E1952 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2001 A TRUTH-FINDING INVESTIGATIVE TABLE OF CHINESE GOVERNMENT’S PERSECUTION OF FAMILY CHURCHES—Continued [Date of tabulation: October 2001]

Persons in Persons Persons Persons ar- labor reform wanted by Persons Persons abused to Persons Persons Time rested or labor re- the authori- forced to be abused to handi- under sur- fined education ties on the run death capping veillance

1984 ...... 111 29 ...... 5 2249 1985 ...... 169 44 ...... 5 3 1 6 35 1986 ...... 367 53 2 961931 1987 ...... 855 264 ...... 25 4 5 17 169 1988 ...... 654 103 ...... 7 3 4 24 171 1989 ...... 724 97 ...... 29 4 9 24 213 1990 ...... 638 83 ...... 13 6 6 24 162 1991 ...... 767 156 1 30 9 5 22 324 1992 ...... 981 111 ...... 13 7 17 39 340 1993 ...... 822 151 ...... 44 6 7 34 409 1994 ...... 1,733 175 ...... 42 6 18 69 749 1995 ...... 2,853 554 ...... 198 25 33 111 1,661 1996 ...... 2,360 479 1 146 13 29 126 1,200 1997 ...... 1,826 371 ...... 122 9 23 95 1,014 1998 ...... 1,500 278 1 158 7 21 95 713 1999 ...... 2,070 249 2 166 3 10 93 970 2000 ...... 991 140 ...... 145 2 2 89 479 2001 ...... 2,681 251 ...... 359 3 2 60 1,008 Totals ...... 23,686 4,014 7 1,545 129 208 997 9,685

Bayside, NY, September 1, 2001. ers in God and members of house-churches! Second, we ask the US Congress to con- DEAR HONORABLE CONGRESSMAN WOLF: On With their homes destroyed as ‘‘illegal reli- tinue to monitor China’s deteriorated human behalf of the 23,686 and ever increasing num- gious sites’’ and their schools rejecting them rights record, particularly with regard to re- ber of Chinese Christian prisoners who have as ‘‘unfit for communist education,’’ these ligious persecution. Please press the cases of been imprisoned because of their religious children wrote down their stories and experi- religious prisoners and their children by faith, I want to extend my deep gratitude to ences with trembling hands and fearful tears. seeking their release and justice for them, you and your colleagues for your consistent (Please see the attached two children’s testi- which should include a trial of the criminal and continual concern for the ongoing reli- monies written in their own hands.) police. gious persecution in China. The meeting we Dear Congressman Wolf, here I want you to Our third and final request is that the Con- had the other day itself was encouraging in pay special attention to one fact: the passage gress continue its moral endorsement and demonstrating that there are still some cou- of PNTR has had a grave effect on the fate of support of those conscientious people who rageous men and women in this great coun- house-church believers. Before the passage of advocate and help those who are persecuted try who are willing to listen to the voice of PNTR, in the eighteen years that we have because of their religious belief; that it pass the persecuted faithful. Though many of you had records of the Chinese house-church legislation to prevent and foreign govern- might have heard in the past few years that movement, the average number of believers ment or its affiliated organizations from China’s human rights and religious freedom forced to flee their homes because of perse- monitoring, threatening, and harassing the record had been ‘‘greatly improved,’’ if you cution was 63 each year. However, that num- groups and individuals based in the United were to let the truth and facts speak for ber has increased to 330 just one year after States who fight for religious freedom in themselves, you would have a different pic- the passage of PNTR, a five-fold increase. China. ture. So what has really been happening to Moreover, before the passage of PNTR, the May the day of true religious freedom in millions of the silenced underground church average number of people arrested was 1,192 China soon arrive! believers in China? per year, and now that number has increased Thank you for giving me this opportunity. To celebrate its victory in the US Congress to 2,118, a 70 percent increase. In addition, May God be with you! of the passage of PNTR, and correspondent house-church believers have been experi- May God bless the American Congress and defeat of those like you who had been con- encing much greater pressure than ever be- its people! cerned with the issue of China’s religious fore from the fact that anyone who is ac- SHIXIONG LI, persecution, the Chinese Communist Party cused as a believers in God is subject to per- President of Committee for Investigation (CCP) has launched more campaigns against secution by local police. Numerous believers on Persecution of Religion in China. religious believers recently without any con- have been arrested, tortured, and imprisoned cern of international pressure being applied for distributing church-related materials. CHILDREN’S TESTIMONIES at all. To the contrary, their response has Based on the above facts, I have three spe- been to strike harder and more ruthlessly cific requests of Congress: TESTIMONY NO. 1 than ever on house-church believers. If there First, we plead for Congress to ask Presi- At about 5 pm, I found a police car parked was any meaningful signal to religious perse- dent Bush to show his extensive concern over behind our house when I returned home after cutors in the past, it was the annual congres- the issue of China’s religious persecution class. I was very surprised. I hurried back sional review of PNTR which at least served when he pays his state visit to China next home and found several policemen con- as a helpful tool, if not the most effective month. He can accomplish that by submit- ducting an intensive search of our home. one, to contain the human right abusers in ting to President Jiang Zemin the list of ‘‘Do you and your mom still believe in China, or at least to alert China that the sit- names of Chinese religious prisoners; re- God?’’ a policeman shouted to me when he uation was one of concern to the US. Regret- questing their immediate release according saw me come in. tably, even this, one of the last means to to Article 36 in China’s Constitution which ‘‘Yes, is there anything wrong with believ- rein in Chinese human right abuses, has been claims ‘‘Chinese people have the freedom of ing in God?’’ I replied nervously. removed in Congress in the name of the religious belief’’; and recommending the Chi- ‘‘It’s not a matter of right or wrong. It’s a ‘‘American economic interest.’’ All that you nese government compensate those who have matter that you are not allowed to believe can do now to improve CCP’s ‘‘deteriorated’’ been the victims of the persecution. that.’’ human rights record is to wait for the col- In addition, we ask President Bush to sub- I was scared to death when one policeman lapse of persecutors who are well-aided by mit another list of the at least 789 severe approached me and asked, ‘‘What’s your ‘‘American economic interest group.’’ persecutors, including some senior officials name?’’ We are all people under God. Though prac- such as Mr. Kun Cao, deputy director of the ‘‘How old are you? Where are you study- ticing different faiths, we all put our trust in Public Security Bureau (PSB), Nongan coun- ing?’’ the One and only true god. While noting the ty, Jilin province; Mr. Lianshen Zhang, dep- After awhile, I heard one policeman shout importance of economic interest, neverthe- uty directof of PSB, Xinqu district, Tangsha to my mom, ‘‘You have to come with us less we should never sacrifice human rights city, Hebei province, and Mr. Qing Guo, di- today.’’ and religious freedom in exchange for bread rector of PSB of Yeji branch, An county, I was left alone, watching my mom being and toys. Moreover, according to our inde- Anhui province. President Bush should press dragged out to the police car. With extreme pendent investigation by some ten thousand Chinese President Jiang to prosecute those darkness outside and the echoing of the po- house-church believers inside China, even criminals, along with the law enforcement liceman’s shouting, I burst out crying sud- children have become prey to the Chinese re- officials who abused their power by carrying denly. After many hours, my mother came ligious persecutors just because their moth- out religious persecution using China’s own back at midnight and told me that she was ers and fathers are members of the house- Criminal Justice Law and other laws that told that the matter was finished. After that church. How depraved we would be to neglect have been perverted as a means of perse- I was always afraid that someday my mom hundreds of thousands of crying, scared, hun- cuting rather than protecting the Chinese would be arrested. And, it did happen at gry children—many of whom have no home citizenry. (Please see the attached respective noon, when I came back home to find the to go—just because their parents are believ- lists.) door locked. CONGRESSIONAL RECORD — Extensions of Remarks E1953 ‘‘Your Mom was taken away by the police- Because both my grandparents were over PAYING TRIBUTE TO HAROLD man,’’ a neighbor told me. I wandered around seventy years old and very ill, they were not KREUGER the house, waiting for Mom in a long, suf- able to take care of me. And none of my rel- fering afternoon without having anything to atives were willing to invite me to stay with eat. At about nine in the evening, Mom came them because of the fear of police. I had to HON. SCOTT McINNIS back with bruises and told me with tears: leave my beloved school with tears. I am now OF COLORADO ‘‘Mom has to leave. They (the police) won’t really a wanderer. Whenever I wander around IN THE HOUSE OF REPRESENTATIVES let me stay at home any longer.’’ I couldn’t a school watching other children playing Tuesday, October 30, 2001 accept that. Lying on the bed without sleep, games, I cannot help bursting out into tears. I wondered: Is Mom going back home again? Mr. McINNIS. Mr. Speaker, I would like to When can I resume my school? What shall I do? Who will cook for me? Who take this opportunity to recognize Harold will pick me up from school? The next morn- Kreuger on being awarded the John ing, I knew Mom was leaving but I pretended f Campanius Holm Award on October 27, 2001 not to care about this while a river of tears that is presented by the National Weather flowed in my heart. TRIBUTE TO MARY ALICE RYAN I found the door was locked and Mom had Service. Harold is one of only twenty-five peo- left that afternoon after class. I was very ple to receive this distinguished award and it anxious and desperate so I had to find a place is an accurate reflection of the hard work, dis- to stay. I went to stay at my cousin’s home. HON. WM. LACY CLAY cipline and patience that Harold has displayed At that time I thought the school was my OF MISSOURI throughout his career. only place to find some rest. But the police Mr. Kreuger will be receiving this award in would not even let me go. In the beginning, IN THE HOUSE OF REPRESENTATIVES honor of his exceptional service in the Cooper- they tried to know where my parents were by asking my teachers to question me. The Tuesday, October 30, 2001 ative Weather Observer program. He became fact is I really knew nothing about that ex- part of this volunteer organization when he es- cept they were working somewhere. Then the Mr. CLAY. Mr. Speaker, I rise today to pay tablished the Cochetopa Creek observing sta- police started following me everyday from special tribute to Mary Alice Ryan, president tion at his ranch in Cochetopa Creek, Colo- school to my cousin’s home after class. One and CEO of St. Andrew’s Episcopal-Pres- rado in 1947. Harold has been collecting and day, a policeman rushed into my cousin’s byterian Foundation in St. Louis, Missouri, and recording daily weather data for the program home and threateningly told me, ‘‘It’s hard ever since. The data that he collects plays an for us to believe that you don’t know where for the past two years National Chairperson of your parents are. It’s impossible that there the American Association of Homes and Serv- essential role in gaining further knowledge of is no communication between you and your ices for the Aging (AAHSA). Through her work weather patterns and aids in more accurate mom. Sooner or later we’ll find and arrest with St. Andrew’s, and her active participation weather predictions. Harold’s efforts are of her even if you don’t tell us.’’ The most ter- in aging-services organizations in St. Louis, enormous importance in Colorado due to the rifying thing happened when two policemen and at the national level, Mary Alice Ryan state’s ever-changing weather conditions. stormed into my cousin’s home the night be- Mr. Speaker, it is my pleasure to have this continues to make a truly considerable dif- fore I had to take a major entrance exam for opportunity to recognize Harold for his supe- high school. They searched everything every- ference in the lives of many older Americans. rior service to the National Weather Service where, upside down, and warned me before Ms. Ryan has been a member of AAHSA they left, ‘‘It’s not possible that your Mom for the last fifty-four years. He has patiently won’t come back when you take this en- since 1979, and has served in a number of volunteered his knowledge and experience trance exam. You will be severely punished leadership capacities. On November 2, at and, in turn, provided invaluable data that has according to the law if you don’t report it AAHSA’s 40th Annual Meeting and Exposition furthered the advancement of meteorological immediately.’’ My heart was so stirred and in San Diego, Ms. Ryan will complete her term science. Thanks Harold for your time and your terrified that I couldn’t continue to review as the organization’s chair, having served as commitment. my class notes. Nobody from my relatives came to meet me the next day after the its top elected leader since 1999. Prior to that, f exam; only a few policemen were watching she served with distinction on the associa- TRIBUTE TO CONGRESSMAN me with suspicious and evil eyes. They fol- tion’s House of Delegates and as the treasurer JERRY SOLOMON lowed me wherever I went. And I failed to for its Board of Directors. Over the years, Ms. enter senior high school. My brother-in-law Ryan has worked on a number of the associa- and all my other relatives could not receive tion’s committees, including professional de- HON. TERRY EVERETT me because of the police’s harassment. How OF ALABAMA velopment, assisted living, and continuing much more pressure could I bear as a teen- IN THE HOUSE OF REPRESENTATIVES age girl? Having to throw away the beloved care. She also chaired AAHSA’s state affiliate, books of my education and ideal without the Missouri Association of Homes for the Tuesday, October 30, 2001 knowing what my tomorrow will be, I am Aging, in 1986. Mr. EVERETT. Mr. Speaker, I rise to pay still walking outside my hometown, living tribute to a dear friend and fellow Dale Coun- As President and CEO of St. Andrew’s Epis- life like a real wanderer. ty, Alabama native, Congressman Jerry Sol- copal-Presbyterian Foundation, Ms. Ryan TESTIMONY NO. 2 omon, who passed away last Friday. Although oversees several facilities throughout the St. Somebody reported to the public security Jerry retired from this great institution three Louis metropolitan area that provide a wide bureau that my whole family believes in years ago, he never really left us. He was in- God. My parents had to run away from home range of services to seniors, including nursing that night after hearing about that. Sud- tegral to the conservative effort to gain the home care, assisted living, and independent House in 1995 and he served honorably as denly I was left alone in our three-bedroom senior housing. In addition to serving its own house that night. I was so terrified that I the powerful chairman of the House Rules turned on all the lights in the house. I start- residents and clients, St. Andrews shares its Committee from that time until his retirement. ed crying and asking myself: Is Mom going expertise with other long-term care providers, Jerry Solomon was born in Okeechobee, to come back? How could I live my life after assisting them in building, establishing, and Florida on August 14, 1930. As a young boy this? How could I bear the suffering of being operating high-quality housing and services for he left Florida for Dale County, Alabama to separated from Mom who always cares most seniors. live with relatives. He settled in the small Dale about me? After that, I had to stay at my grandma’s Although she is stepping down from County community of Echo which is only ten home. But the police turned their attention AAHSA’s chairmanship, Ms. Ryan will con- miles from my hometown of Midland City, Ala- onto me in order to find my parents. In the tinue to serve on AAHSA’s board as it strives bama. beginning, they tried to get information to advance the association’s vision. That vi- A few years later, Jerry moved to Delmar, about my parents’ whereabouts by asking sion, espoused by AAHSA’s 5,600 not-for- New York to join his family. It was New York my teacher to question me. Failing to get profit member organizations, calls for the de- State which became his new home and where any information, they started harassing me he later attended Siena College and St. Law- velopment of a healthy, affordable, and ethical by following me daily after school. I was so rence University. Jerry served his country join- system of long-term care and services for isolated that nobody at my school dared to ing the U.S. Marine Corps at the outset of the stay with me because there were always po- older adults and others with special needs. licemen around me wherever I went. Every Korean War and remained on active duty until morning when I walked to school from Mr. Speaker, I ask that my colleagues join 1952. He was a Marine Corps reservist until grandma’s house, a policeman came up and me in recognizing Mary Alice Ryan for her dis- 1959. ‘‘escorted’’ me and sometimes interrogated tinguished record of service to older Ameri- For over 25 years, Solomon labored as a me as if I were a criminal. cans. successful businessman in Glens Falls, New E1954 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2001 York where he lived with his wife, Freda. His tary School many more years of continued PAYING TRIBUTE TO HILDAGARD political career began at the local level where success. (CHIEF) ALEXANDER he served as Queensbury Town Supervisor and Warren County Supervisor. He then f HON. SCOTT McINNIS served six years as New York State assembly- OF COLORADO man. TURKEY CONTINUES TO DEEPEN IN THE HOUSE OF REPRESENTATIVES ITS DEMOCRATIC VALUES Jerry successfully ran as a Republican for Tuesday, October 30, 2001 Congress in 1978 and steadily gained in popu- larity in his home 22nd Congressional District HON. ENI F.H. FALEOMAVAEGA Mr. McINNIS. Mr. Speaker, I would like to of New York. In 1990, Solomon received more take this opportunity to remember an honor- votes than any other New York state con- OF AMERICAN SAMOA able and distinguished man who proudly gressman. IN THE HOUSE OF REPRESENTATIVES served his nation for twenty years in the United States Army. It is with profound sad- His was a familiar voice for House Repub- Tuesday, October 30, 2001 licans on matters regarding veterans and our ness that I now rise to honor the life and memory of Hildagard (Chief) Alexander. national defense. And I was honored to stand Mr. FALEOMAVAEGA. Mr. Speaker, we have been debating in this body for some time Chief Alexander has witnessed some of the shoulder to shoulder with him in support of our most frightening scenes in American war his- now how to achieve the appropriate balance, men and women in uniform and to protect the tory. The Chief enlisted in the Army in 1942 in war and in peace, between protection of the American flag. and was soon in the thick of battle landing on state and protection of the individual liberties Jerry was a true patriot and personified Omaha Beach in Normandy. Chief Alexander that are so important to a healthy democracy. what is to be an American. I am proud to have went on to serve in the Korean War before called him a colleague and personal friend. As we wrestle with the aftermath of Sep- being discharged in 1962. It is my privilege to f tember 11th, we begin to see the same de- acknowledge Chief Alexander for the sac- bate and the same concerns echoed in other rifices he made so future generations can RECOGNIZING FORT WASHINGTON democracies around the world. ELEMENTARY SCHOOL enjoy the freedoms and liberties that shape One debate, not much focused on, has oc- the American way of life. Furthermore, I wish curred in our ally and good friend, Turkey. to honor Chief for his role as a community HON. GEORGE RADANOVICH That nation, which has lost over 30,000 of its leader in Colorado’s Western Slope. Perhaps OF CALIFORNIA citizens due to terrorist attacks, and which has others best remember him as the children’s IN THE HOUSE OF REPRESENTATIVES suffered great hardship as a result of their representative for the Shriner’s Hospital. He Tuesday, October 30, 2001 support for our policy of economic sanctions dedicated much of his time toward bringing joy against Iraq and others in the Middle East, and happiness into the lives of children. Chief Mr. RADANOVICH. Mr. Speaker, I rise has nonetheless conducted a vigorous public was a proud man whom many had deep re- today to recognize Fort Washington Elemen- debate about what kind of democracy should spect for. We will miss him greatly. tary School for their distinguished educational flourish in Turkey. That debate has ended with Mr. Speaker, Chief Alexander will be espe- program. a series of constitutional reforms, reforms that cially missed by his wife, Margaret, his chil- Fort Washington is a school with a rich his- the State Department says ‘‘embodies the val- dren, grandchildren, and great-grandchildren. tory. Fort Washington Elementary Union ues that the international coalition is defend- As family and friends mourn his passing, School District formed on July 6, 1874 and ing.’’ Chief’s compassion will shine through the consisted of one school. Lincoln Elementary These reforms are broad ranging. In some hearts of those closest to him. I would like to Union School, a one-room school, formed Jan- cases, they expressly limit the power of the extend my deepest sympathy and warmest re- uary 21, 1909. On March 3, 1945, the two state to stifle freedom of expression, or to pry gards to his family during this time of remem- schools merged after the original Lincoln into the private lives of citizens, even those brance. Chief Alexander will surely be missed. School burned down. A new Fort Washington who might be suspected of criminal behavior. f Lincoln School, consisting of five classrooms, Others enshrine individual rights to gather, to was built in 1957 at the site of the current TRIBUTE TO GEORGE D. TABLACK protest or to form political parties. Still others school. On December 22, 1959, the new dis- aim for a more inclusive society by allowing trict elected to join eight other rural elementary use of languages other than Turkish. A group HON. JAMES A. TRAFICANT, JR. school districts to form the highly acclaimed OF OHIO of the reforms seek to place an economic floor Clovis Unified School District. Since then, the of support below the citizens in order to help IN THE HOUSE OF REPRESENTATIVES school has added over one dozen classrooms, assure opportunities for economic betterment. Tuesday, October 30, 2001 a staff lounge, multi-purpose room, administra- Finally, a group of reforms seek to streamline tive offices, outdoor amphitheater, and a Mr. TRAFICANT. Mr. Speaker, I was deeply government and make it more responsive to saddened to hear of the passing of a George blacktop area. Clovis Unified built another ele- the citizenry. D. Tablack. mentary school on the site of the original Lin- Mr. Tablack was a lifelong resident and a coln School in 1977. This new campus was More than 30 constitutional reforms were adopted. Once implemented, they should go a well-respected leader of the Mahoning Valley. named Lincoln Elementary. Fort Washington- He was a Korean War Veteran, a steelworker Lincoln School was then changed to Fort long way toward erasing any opposition to Turkey’s entry into the European Union. at Youngstown Sheet and Tube and later an Washington Elementary School, proud home accountant with the Ohio Department of Tax- of the Patriots. It is also important to note that these re- forms have been made in a Moslem nation. ation. Over 750 students are currently being Mr. Tablack served in the Ohio House of Turkey has always believed it important to served by 67 dedicated staff members. In Representatives from May 1970 until 1978. In protect the secular nature of its society, often June of 1986, Fort Washington was selected 1979, he was appointed to the Ohio Environ- at the risk of being criticized from within and as one of 210 exemplary public schools from mental Review Board by then Governor without. Turkey’s reforms, indeed its impetus across the nation as part of the United States James A. Rhodes and also sworn in as Sheriff Department of Education’s First National Rec- to reform, is living proof that democracy and until 1981. He later went on to pursue a suc- ognition Program for elementary schools. In Islam are compatible. cessful career as a lobbyist and political con- 1997, the school was recognized as a Cali- Mr. Speaker, there are two other things sultant until 1995, when he became the Mayor fornia Distinguished School. During the 1998– about these reforms that are remarkable. First, of Campbell. 1999 school year, the school accomplished a Turkey moved boldly on many fronts to exam- I would like to take this opportunity to re- feat that has only been attained by two per- ine past practices and seems willing to make member Mr. Tablack for his outstanding ac- cent of the schools in the United States; Fort large changes to enshrine democracy. Sec- complishments while serving as a member of Washington received the honor of being des- ond, despite economic pressures, political the Ohio House of Representatives. He, along ignated a National Blue Ribbon School for the pressures, and the exigencies of the current with then Ohio Senator Harry Meshel, will be third time. war against terrorists, it never wavered in its regarded as two of the greatest lawmakers in Mr. Speaker, I rise to recognize Fort Wash- pursuit of a democratic ideal. Turkey, and the Ohio’s history. ington Elementary School for their renowned entire community of democracies, should feel I send my deepest regrets and sympathy to educational program. I urge my colleagues to justly proud of what has been accomplished to his wife and to his family. May God bless join me in wishing Fort Washington Elemen- date. them. CONGRESSIONAL RECORD — Extensions of Remarks E1955 HONORING THE 100TH ANNIVER- Between the years 1977–2001, several corporations. The Health Midwest system links SARY OF MT. ZION MISSIONARY pieces of property were acquired, including a together acute and ambulatory care, physician BAPTIST CHURCH parking lot directly located across from the affiliations, education, occupational health, church, the church office, ground adjacent to mental health, long term care, contracted clin- HON. JERRY F. COSTELLO the office building, the Jewish temple, Sunday ical and support services, wellness and fit- OF ILLINOIS school complex and an area east of that facil- ness, and patient transportation systems. IN THE HOUSE OF REPRESENTATIVES ity. In addition to expanding their land hold- Wynn Presson was the founder and visionary Tuesday, October 30, 2001 ings, vehicles were secured over the years to of the Health Midwest system, having served help transport parishioners to the church. In for a total of 24 years with Health Midwest and Mr. COSTELLO. Mr. Speaker, I rise today to 1976, two 60 passenger buses were pur- its predecessor organizations. ask my colleagues to join me in recognizing chased, in 1986, a utility van and two trucks Just as important, though, is the literally the 100th anniversary of the Mount Zion Mis- were bought; in 1981 three vans were pur- thousands of hours that Wynn Presson has sionary Baptist Church in East St. Louis, Illi- chased; 1989 two additional vans were bought devoted to serving our community and the en- nois. and from 1989 to 1999, additional vans and tire Kansas City metropolitan area during his From the beginnings of holding prayer meet- bus were acquired, bringing the church’s fleet 24 years with us. The list of his current com- ings at the home of Mother Jennie Thomas, of vehicles to five. munity leadership positions is impressive: Mt. Zion Missionary Baptist Church began. As the prayer meetings grew, a mission was Pastor Rouse holds workshops and insti- member of the Blue Valley School District begun and larger facilities became necessary. tutes for members of the community. In 1977, Educational Foundation; member of the Exec- Mother Thomas, along with Charlie Green and the Nursing Home Visitation Team was orga- utive Committee [and former Chairman of the Belle Aikens, obtained a building site at 10th nized and continues to go into the various Board of Directors] of the Boys and Girls Club and Cook Streets in East St. Louis. On April nursing homes in the region providing spiritual of Greater Kansas City; Chairman-elect of the 4, 1901, Mt. Zion was organized with the Rev. guidance to their patients. Mt. Zion continues Board of Directors of the Full Employment Allen Aikens as its first pastor, Brothers to be active in the needs of senior citizens. Council; member of the Board of Directors and Woodard, Sandy Sherrod and William Easterly The Voices of Zion held its first concert at the Executive Committee of the Greater Kan- as Deacons; Brothers W. Jones and Prince as Powell Symphony Hall in St. Louis, Missouri in sas City Sports Commission; member of the Trustees and W. Belle as Secretary. The July 1983. Executive Committee and the Board of Direc- membership grew under Rev. Aikens’ leader- Mt. Zion continues to serve the community tors of the Labor-Management Council; Co- ship. by providing Thanksgiving meals. During the Chairman of the Board of Directors of the As the congregation grew, a larger place of South End Flood, church facilities were used Mayor’s Corps of Progress; and member of worship was required. Though their resources by the Red Cross to feed flood victims. Mt. the Board of Directors of the Minority Sup- were limited, the congregation was able to Zion also operates a food pantry, which is pliers Council, among others. purchase land at 13th and Tudor. Construction open to the public twice weekly. Equally as important and valuable have on the new church started soon thereafter. Mt. Mt. Zions membership continues to grow. been Wynn Presson’s contributions to the Zion met in the basement of the building until Under Rev. Rouse, he has also ordained Kansas City area in years past, through his it was completely built. some 16 new ministers. In 1994, the New Day dedicated service in positions including: former In 1919, Rev. BJ Smith was the pastor and Jail ministry was started going into various Chairman of the Board of the Greater Kansas under his leadership, a sanctuary was added correctional facilities. They are responsible for City Area Chamber of Commerce; President of and overall construction became complete. providing spiritual guidance to inmates as well the Board of Directors of the Kansas City Following Rev. Smith, Rev. Lemon Johnson as providing Christmas gifts to children of the Club; member of the Board of Directors of the and Rev. JJ Olive came to serve as church incarcerated. Civic Council of Greater Kansas City; Colonel pastors from 1931 to 1935, Under Rev. Olive, The church’s bookstore opened in 1996 and in the Kansas Cavalry; member of the Execu- a baptismal pool was added to the church. the Inspirational Voices Youth Choir finished tive Committee of the Kansas City Area Devel- Following this period in the church’s early their first CD recording out of the church itself. opment Council; Co-Chairman of the Public growth, the Rev. B Haney became pastor, During this year, a ground breaking was held Policy Committee of the Mainstream Coalition; soon followed in 1947 by the Revs. Ephraim in June in preparation for the construction of and Chairman of the Board of Directors of the Thomas and James Clayborne. In 1947, Rev. new Classroom and administrative buildings. Midwest Bioethics Center. WB Rouse became pastor at Mt. Zion. During Mt. Zion Missionary Baptist continues to Mr. Speaker, Wynn Presson is an excellent his pastoral duties, membership of the church grow and prosper, providing the spiritual example of the kind of public-spirited, commu- greatly increased. The church building became needs and guidance for many people in the nity-minded citizen who does so much to fos- enlarged in 1951 and again in 1955. The region. ter our communities. As this far-from-complete sanctuary was expanded, classrooms were Mr. Speaker, I ask my colleagues to join me listing of his many public service activities added and an organ and church furnishings in honoring the 100 years of service of Mt. demonstrates, he has been a vital participant were acquired. Zion Missionary Baptist Church and salute the in countless civic and charitable activities in At this time a parsonage was also added to members of the church’s congregation both the Kansas City metropolitan area. I commend the Church holdings at 919 Bond Avenue. In past and present. him for his distinguished record of perform- 1964, the Illinois Department of Transportation f ance with Health Midwest and for his peerless needed easements to assist in the construc- history of community service. tion of the Poplar Street Bridge, the church TRIBUTE TO WYNN PRESSON Mr. Speaker, I join with my constituents in then purchased additional property at 24th and Kansas’ Third District in wishing Wynn Bond Avenues in East St. Louis which be- HON. DENNIS MOORE Presson an enjoyable and most well-earned came the church’s present location. OF KANSAS retirement, although I anticipate he will not In 1966, the Rev. C Cedric Claiborne was IN THE HOUSE OF REPRESENTATIVES shirk from further opportunities to be of serv- received as the new pastor of Mt. Zion. Under Tuesday, October 30, 2001 ice. his tenure, the new church was constructed at f a cost of $450,000 and the first worship serv- Mr. MOORE. Mr. Speaker, I rise today to ice was held there in 1968. In 1972, however pay tribute to an outstanding leader of the HONORING LARRY BLACK UPON an explosion damaged the eastern wall of the Kansas City community, Mr. F. Wynn Presson, HIS RETIREMENT FROM church. A makeshift cover was used to protect who will retire as Vice Chairman of the Board BAYFIELD SCHOOL BOARD the building up until 1974 when the corner- of Health Midwest, on November 30, 2001. stone was laid for the new wall. Wynn has served as Vice Chairman of the HON. SCOTT McINNIS Activities initiated by the Rev. Claiborne in- Board of Health Midwest since 1993; prior to OF COLORADO clude city-wide graduate services of Metro- that he served as President and Chief Execu- IN THE HOUSE OF REPRESENTATIVES East graduates and a Sunday evening broad- tive Officer. Health Midwest employs over cast via WESL. The church then employed a 17,000 people, and has over 100 care/delivery Tuesday, October 30, 2001 full-time church cemetery and a church pub- sites, including 15 hospitals with over 3,295 li- Mr. McINNIS. Mr. Speaker, those who seek licity Director. In 1975, Rev. Rouse took over censed beds. The system has 40 primary care to improve the lives of others in the commu- pastorship of Mt. Zion under his leadership a physician practices employing over 150 physi- nity play a very important role. Larry Black is mortgage burning ceremony was held in 1979. cians, 8 occupational medicine clinics, and 60 such a person and upon his retirement from E1956 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2001 the Bayfield School Board, I would like to ac- A TRIBUTE TO STAFF SERGEANT Despite Jerry’s extremely busy schedule as knowledge the priceless contributions that he GEORGE ANDREW LITTLE a husband, a father, and the coach for the has made to Bayfield and to those that he has women’s tennis team at Ole Miss, he always touched. HON. MIKE McINTYRE finds time to fill his role as faculty advisor to Larry is a man of compassion and holds an OF NORTH CAROLINA Sigma Chi. As a Sigma Chi, I am personally elevated understanding of citizenship. Part of IN THE HOUSE OF REPRESENTATIVES grateful for Jerry’s leadership and the guid- this comprehensive understanding is service ance he offers the young men of the fraternity. to his country. Larry volunteered for the infan- Tuesday, October 30, 2001 Jerry serves as a positive role model and a try in Vietnam and because of his bravery he Mr. MCINTYRE. Mr. Speaker, today I rise to good example for the young men of Sigma earned a bronze star and a campaign medal. pay to one of North Carolina’s finest gentle- Chi to look up to for advice and guidance. During this time, he served for two years in men, Staff Sergeant George Andrew Little, on The ‘‘Standard’’ on which Sigma Chi was the infantry but continued to serve in the Cali- his service and inspiration to our State and founded requires its members to be: A man of fornia Air National Guard for four years. Larry Nation. good character; A student of fair ability; With has also volunteered much of his free time to Theodore Roosevelt, our nation’s 25th ambitious purposes; A congenial disposition; the United Way, helping those less fortunate. President, once said, ‘‘It is not the critic who Possessed of good morals; Having a high According to his wife, Tempe, the most ful- counts; not the man who points out how the sense of honor and a deep sense of personal filling work he has done is having the oppor- strong man crumbled, or where the doer of responsibility. These attributes certainly de- tunity to serve on the Bayfield School Board. deeds could have done them better. The cred- scribe Jerry and the way he sets an example Prior to serving on the Board, he was an ac- it belongs to the man who is actually in the for the men of Sigma Chi. tive member of the PTSA and also a com- arena, whose face is marred by dust and I want to extend my heartfelt appreciation mittee member on the District Advisory Com- sweat and blood; who strives valiantly; . . . and gratitude to my friend, my brother-in-law, mittee and the Student Accountability Com- who knows the great enthusiasm, the great and a true friend to Sigma Chi, Jerry Mont- mittee. The past four years Larry has sat on devotions; who spends himself in a worthy gomery. the Bayfield School Board and filled this role cause; who . . . knows in the end the triumph f with enthusiasm and charisma. He looked at of high achievement.’’ For four years, Ser- HONORING CARL E. WIEMAN AND this opportunity as a chance to give back that geant Little was in the arena as part of our na- ERIC CORNELL FOR THEIR RE- which others gave him when he was a child. tion’s military force defending freedom and de- SEARCH AND RECEIVING THE Additionally, Larry is active member of the feating fear. And his spirit, service, and sac- NOBEL PRIZE IN PHYSICS First Baptist Church of Bayfield and is a de- rifice continue to shine brightly today for all to voted husband and a loving father. emulate. HON. SCOTT McINNIS Enlisting in the U.S. Marine Corps just prior Mr. Speaker, Larry Black has been an out- OF COLORADO to his 19th birthday, Staff Sergeant Little standing leader for the Bayfield community IN THE HOUSE OF REPRESENTATIVES and has helped to enhance the futures of passed up two college scholarships to serve many students through his service. To give of his country and fellow citizens. From Saipan to Tuesday, October 30, 2001 yourself unselfishly, as Larry has done, cer- Okinawa, Staff Sergeant Little faced enemy Mr. MCINNIS. Mr. Speaker, 75 years ago Al- tainly deserves the praise and admiration of fire, looked death in the face, but always per- bert Einstein predicted a new form of matter us all. I wish to offer my congratulations to severed to continue serving his Nation. Even that has since been called the Bose-Einstein Larry at this time of celebration on his retire- with the loss of his eyesight during conflict and condensate. This matter has been elusive for ment and extend my warmest regards and undergoing over 50 operations to repair his fa- quite some time, however the secret no longer best wishes in many years to come. cial structure, Mr. Little looked toward the fu- eludes mankind. Through his hard work in f ture with optimism and energy. He next found- physics research, Professor Carl E. Wieman ed George A. Little, Inc., a construction and of the University of Colorado in Boulder along CONGRATULATING PAUL DUFAULT realty firm in North Carolina. From building with Eric A. Cornell from the National Institute ON HIS RETIREMENT houses to businesses to churches, Mr. Little for Standards and Technology, created this became the first blind contractor in North matter in 1995, and because of the out- HON. JAMES P. McGOVERN Carolina. After defeating meningitis which was standing nature of their work, were awarded OF MASSACHUSETTS caused by fragments of bullet lodged in his the Nobel Prize in physics to be received this IN THE HOUSE OF REPRESENTATIVES forehead, Mr. Little, and his lovely wife Marie, December. The prize was also awarded to a scientist at MIT who separately worked on the Tuesday, October 30, 2001 now reside in Ocean Isle Beach, North Caro- lina where he remains a dedicated public cit- same discovery. I would like to take this time Mr. McGOVERN. Mr. Speaker, I rise today izen. to recognize the dedication of Carl to this to congratulate Mr. Paul Dufault on his retire- Mr. Speaker, these are trying times for our project and for opening many doors through ment from the United Food and Commercial nation, our citizens, and our military. But scientific investigation for the future. Workers local 1445. through the efforts and heroism of individuals Cornell and Wieman were able to capture For 45 years, Paul has been a passionate like George Andrew Little, the United States of and chill rubidium atoms in order to bring them and effective voice for working families in America stands tall. I thank him for the service to a near motionless state so that they would Massachusetts. During a time of dramatic he has given to our state and nation. May act as one superatom. The progression that change in our nation’s workforce, Paul has God’s strength, peace and joy be with him al- this discovery promotes would allow scientists shaped the labor movement in our state to re- ways. to control their usage in new and innovative flect modern realities. f way that could lead to much faster and small- While his strategies may have evolved, his er electronics. The power of this condensate principles have never wavered—namely, that RECOGNIZING JERRY could lead to better computer chips, more pre- working men and women deserve decent MONTGOMERY cise measuring instruments and advances in wages, deserve decent and affordable health navigational instruments. Additionally the dis- care and other benefits, and deserve to be HON. CHARLES W. ‘‘CHIP’’ PICKERING covery of this method to isolate Bose-Einstein treated with respect and dignity. He has OF MISSISSIPPI condensate has spurred a new branch of worked just as hard as the workers he rep- IN THE HOUSE OF REPRESENTATIVES atomic physics to emerge across the globe. resents, and has done his job with dignity, In the age of technological advancement, Tuesday, October 30, 2001 class and grace. these discoveries help to ensure our continued While I’m sure his activism will continue in Mr. PICKERING. Mr. Speaker, I would like success and help to tap the understanding of retirement, I also know that Paul’s wife Judy, to pay tribute today to Jerry Montgomery—a the universe around us. This manifestation of his four children and seven grandchildren will man who has meant so much to so many peo- Einstein’s thought and has been a tremendous be very happy to spend more time with him. ple in my home state of Mississippi through benefit to physical scientists everywhere. It is Mr. Speaker, I know all of my colleagues in his service as faculty advisor for the Sigma through his diligence and dedication that Carl the House join me in congratulating Paul Chi Fraternity at the University of Mississippi was able to fabricate the Bose-Einstein Dufault on his retirement and thanking him for (Ole Miss) for the past 15 years. I’m proud to superatom. his years of tireless service to the people of call Jerry a friend and even more proud that Mr. Speaker, I would like to honor the hard Massachusetts. Thank you, Mr. Speaker. he’s part of our family as my brother-in-law. work and dedication of Carl Wieman and Eric CONGRESSIONAL RECORD — Extensions of Remarks E1957 Cornell and congratulate both of them on win- Hill, the home of her parents, Captain and nation’s most successful educational experi- ning the Nobel Prize. Their efforts certainly de- Mrs. Thomas Berry. Oak Hill, a Southern plan- ments; combining academic study, student serve the praise and admiration of us all. The tation, is located in the North Georgia Hills, work, and interdenominational Christian reli- contributions they have made will endure the near Rome. Even as a child, Martha Berry ex- gious emphasis. Today Berry is a model for test of time and his creation will enhance the pressed a keen interest in the less fortunate many institutions in the United States and lives of people all over our world. children of the surrounding region. abroad. Berry offers work experience as part f On a Sunday afternoon in the late 1800s, of every student’s development. Approximately Martha was in her log cabin playhouse when 85 to 90 percent of the students are employed PERSONAL EXPLANATION she heard voices of children outside. To her on campus, in 120 job classifications. The surprise, she saw three small boys in ragged most recent U.S. News & World Report col- HON. JIM DeMINT clothes, peeking through the cabin doorway. lege rankings for 2002, place Berry number OF SOUTH CAROLINA She invited them in for apples and cookies one among comprehensive colleges in the IN THE HOUSE OF REPRESENTATIVES and asked if they had been to Sunday school. South. Berry also ranked fourth in the ‘‘best Tuesday, October 30, 2001 Once she learned they had no Sunday school value’’ ranking of the region’s comprehensive to attend, she began telling them stories from colleges. Mr. DEMINT. Mr. Speaker, on Thursday, the Bible. When they left, she invited them to Berry’s first students gave of their time and October 25, I missed Rollcall Vote No. 407 to return the following Sunday and to bring energy, literally creating the materials and designate September 11th as Patriot Day. Had someone with them. They returned the fol- constructing the buildings and roads on the I been present, I would have voted ‘‘yes’’ on lowing weeks, bringing their mothers, fathers, campus. This tradition has continued through this measure. brothers, sisters, other relatives, and friends. the years. Berry alumni return each May for a f The cabin soon became too small for the week of service and work on campus. On Oc- TRIBUTE TO DR. MILLIE L. crowds Martha was attracting, and Sunday tober 6, 2001, the 135th anniversary of Martha RUSSELL school was moved to an abandoned church at Berry’s birth was celebrated at this year’s Possum Trot. Mountain Day, an annual event. HON. JIM McDERMOTT The desire to learn expressed by these The 100th Anniversary of Berry College will mountain people inspired Ms. Berry as she fall on a Sunday in January 2002. Martha OF WASHINGTON grew and matured. She once noted, ‘‘Every Berry was a crusader in the field of education, IN THE HOUSE OF REPRESENTATIVES human being, regardless of economic cir- and Berry College was her greatest academic Tuesday, October 30, 2001 cumstances, has a right to become the best endeavor. She received many honorary de- Mr. McDERMOTT. Mr. Speaker, today I rise that he or she is capable of becoming.’’ grees, numerous humanitarian and achieve- to offer special recognition to my constituent, Consistent with her love for education and ment awards, a Patriotic Service Medal, and Dr. Millie L. Russell, for her selfless service to her fellow man, but against the advice of fam- the Roosevelt Medal for Service to the Nation. the citizens of Seattle and the State of Wash- ily and friends, Martha Berry deeded the prop- However, her true legacy is seen in each and ington. Dr. Russell has dedicated her life to erty her father had given to her to be used for every student who graduates from Berry Col- creating an educational system that reflects a school for boys. On January 13, 1902 Mar- lege, prepared to meet the challenges of life the diversity of our community in the Pacific tha Berry opened her boarding school, con- with a strong academic and spiritual founda- Northwest. Her investments of her talents and structed from her personal funds. Local resi- tion. dents speak of Ms. Berry traveling by buggy skills are immeasurable, and it is my privilege f to thank her for her years of service. around the countryside seeking funds and Dr. Russell has made considerable contribu- land for her school. To meet the growing HONORING JOHNANDREW WILFRED tions to education both inside and outside of needs, she traveled throughout the United MADRID the classroom. Dr. Russell is an Assistant to States and abroad in an effort to raise funds. the Vice-President for the Office of Minority Af- Andrew Carnegie promised her $50.000 for an HON. SCOTT McINNIS fairs Educational Opportunity Program at the endowment if she could match it, and she did. OF COLORADO University of Washington where she also lec- Theodore Roosevelt gave a dinner party for IN THE HOUSE OF REPRESENTATIVES tures in biology. Dr. Russell is a member of her at the White House, at which he intro- Tuesday, October 30, 2001 and holds several leadership positions in the duced her to many influential friends, who contributed to the school for many years. It Mr. McINNIS. Mr. Speaker, I would like to Washington State Association of Black Profes- take this opportunity to remember the life of sionals in Health Care, the Seattle/Mombasa was President Teddy Roosevelt who sug- gested she start a similar school for girls; she Johnandrew Wilfred Madrid, the Executive Di- Sister City Association, the National Associa- rector of the Ute Mountain Indian Tribe, who tion of Medical Minority Education, African did, and it opened on Thanksgiving Day 1909. In 1926, Ms. Berry opened a Junior College died on Tuesday, August 14, 2001, at the age American Dollars for Scholars Foundation and at Mount Berry. In 1932 she presented diplo- of 67, due to heart complications. I speak for many others. For many years, she has served mas to her first class of four-year college sen- everyone who is associated with the Tribe on the panel of community members who as- iors. By then, Martha Berry was 65 years old. when I state that he will surely by missed. sist me with interviews of young candidates for With the depression of the 30’s, Berry had a Mr. Madrid worked with the Ute Mountain appointment to our country’s military acad- waiting list of 5,000 young people eager to at- Indian Tribe for thirty years performing many emies. functions in his role as Director. Johnandrew Mr. Speaker, Dr. Russell has been an enor- tend her school. Ms. Berry knew they must create new work and offer more young people worked his way through the hierarchy of the mous asset to the schools of Washington a chance for an education. She continued to Tribe as an accountant, Chief Financial Officer State. Her contributions to the community and travel widely, capturing the interest of some of and finally as Executive Director. He managed her selflessness will not go unnoticed. The the nation’s most prominent citizens. Henry the economic development of the Tribe as well thousands of students and professionals she Ford donated to Berry a magnificent Gothic as the educational program and the Indian has touched are grateful for the guidance and stone building complex with dormitories, dining Health Services. Mr. Madrid was very valuable leadership she has shown. I join them and all room, gymnasium, and recitation hall, for the member to the Tribe not only with its internal her friends and colleagues on this ‘‘Dr. Millie girls area. To her original 83 acres of land, functions, but also in lobbying for the Tribe’s Russell Day’’ in my district in thanking Dr. she had added 30,000 additional acres and interests. One of his greatest accomplish- Russell for her service and in wishing her all led her students in planting 25,000 acres of ments was including protection of the Ute the best for the future. pine trees. She once said, ‘‘Beauty has an im- water rights in the Animas-La Plata project. f portant place in education. Young people Mr. Speaker, Johnandrew played an im- TRIBUTE TO MARTHA BERRY should lift their eyes to spires, to hill tops, to measurably valuable role for the Ute Mountain God and say, ‘‘Thank God for worthwhile work Indian Tribe. The members of the Tribe loved to do.’’ When visiting the Berry Campus, one him and respected him as they would one of HON. BOB BARR their own. He helped to make the Tribe the OF GEORGIA will note the many spires on dormitories, chap- success that it is today. It is with a solemn IN THE HOUSE OF REPRESENTATIVES els, and even on the dairy barns. The campus of Berry College is one of the most beautiful heart that I express my condolences to Mr. Tuesday, October 30, 2001 in the country. Madrid’s family as well as the members of the Mr. BARR of Georgia. Mr. Speaker, Martha Ms. Berry, who died in 1942, was extremely Tribe who he so passionately served. He was Berry was born on October 7, 1866, at Oak proud of the fact Berry had become one of the a great man, leader, and friend. E1958 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2001 HONORING LARKING HIGH SCHOOL munity, as well as schools and public service umet Townships has served his community IN ELGIN, IL organizations. and his country well. I am proud to represent such an exceptional I salute Paul Lehto today, Mr. Speaker, on HON. J. DENNIS HASTERT individual and commend Ms. Hyland for her the occasion of his having received from OF ILLINOIS life long dedication to educational institutions Northern Michigan University the President’s IN THE HOUSE OF REPRESENTATIVES and community service. I ask my colleagues in Award for Distinguished Citizenship. the House of Representatives to please join But for you and our House colleagues to Tuesday, October 30, 2001 me in wishing Helene Hyland many years of really understand the accomplishments of Paul Mr. HASTERT. Mr. Speaker, the GRAMMY success as she celebrates her well deserved Lehto, Mr. Speaker, I need to review a little bit Foundation recently announced that Larkin retirement. about the unique area where he has worked High School, located in my district, has been f and served for so many years. named a GRAMMY Signature School. Deter- The Keweenaw Peninsula, which sticks far mined on the basis of a scoring system ap- HONORING HELEN THYE out into Lake Superior, is the only place in the plied by a panel of top music educators and world where commercially abundant quantities professionals, Larkin High School was chosen HON. SCOTT McINNIS of elemental cooper have been found. From as one of 100 high schools from across the OF COLORADO the 1840s to 1968, more than 11 billion country to receive a certificate of recognition IN THE HOUSE OF REPRESENTATIVES pounds—80 percent of the cooper in the world based on its high level of commitment to today—was extracted from mines as deep as Tuesday, October 30, 2001 music education. I would like to take this op- 9,000 feet and shipped all around the world. portunity to congratulate them on this out- Mr. MCINNIS. Mr. Speaker. I’d like to take The history of this process and region is so standing achievement. this opportunity to honor Mrs. Helen Thye for unique and so important to the growth of this As a former high school teacher, I can attest her response to a need with such loving gen- nation that in 1992 Congress passed a bill that music education enhances intellectual de- erosity. creating the Keweenaw National Historical velopment and enriches the academic environ- My nieces, Gracie, Annika, Ellie, and Lucy Park. ment for children of all ages. In addition, through the efforts of their parents Carmie and Paul was raised and schooled in Kearsarge, music educators greatly contribute to the artis- Bruce Raaum, recently broadcast a challenge a small village in the Keweenaw, where he still tic, intellectual, and social development of to other elementary students to donate their lives today. As a lifelong resident of the area, American children, and play a key role in help- own hair for children who have lost theirs due Paul was a personal witness to the demise of ing children to succeed in school. to illness. Once donated, the hair is made up mining. After graduating from local schools he Larkin High School has done an exceptional into wigs and given to children in need, free of went to work for the Calumet and Hecla Min- job of cultivating their arts programs and I ap- charge. ing Co. As a laborer and truck driver, and he plaud them for their commitment to music and Mrs. Thye responded to this challenge with served as treasurer of a local union until the arts education programs. These make a posi- a wrapped package of beautiful, long, dark mines closed in 1968. tive difference in the lives of young adults. brown hair. Along with the hair was a note that He was elected supervisor for Calumet f read: ‘‘This is my first hair cut in 1944 at the Township in 1972, and he has been re-elected age of eleven. I tied it with the string and every term since then. He has faced major IN HONOR OF HELENE HYLAND wrapped it with this white tissue paper and challenges, not the least of which were eco- held onto it all these years. Now I want to do- nomic. In the mining heyday, Calumet was so HON. GARY L. ACKERMAN nate it to Locks of Love.’’ This beautiful hair prosperous and progressive that it came within OF NEW YORK came from a beautiful heart. one vote of being named Michigan’s capital. IN THE HOUSE OF REPRESENTATIVES Mrs. Thye is an avid Braves fan and a By the late 1970s, however two-thirds of the mother of seven, of which six survive. One of storefronts in Calumet were vacant and 67 Tuesday, October 30, 2001 her daughters has multiple schlerosis and Mrs. percent of the welfare recipients in Houghton Mr. ACKERMAN. Mr. Speaker, I rise today Thye suffers from cancer. Both face the possi- County were in Calumet’s zip code. A key to to honor Ms. Helene Hyland, on the occasion bility of losing their own hair as a result of the vitality of the township, Calumet was in of her retirement, as Vice President for the In- their diseases but this did not deter Mrs. Thye danger of being a ghost town. stitutional Advancement at Queensborough from her act of love. The end of the mining industry allowed Community College. Mr. Speaker, it is with pleasure that I point homeowners for the first time in the region’s As both an undergraduate and graduate out this act of compassion by Mrs. Helen history to purchase the land on which their alumna of St. John’s University in Queens Thye. Acts of generosity such as this should homes sat, and during Paul’s time in office County, NY, Ms. Hyland achieved her Bach- not go without recognition. Thank you Helen township neighborhoods were platted. elor of Arts in English and Secondary Edu- for your generosity and kind heart, I’m sure Paul recognized the importance of pro- cation, Masters of Science in Counselor Edu- the recipient of your selfless act will be grate- tecting the region’s historical heritage by lead- cation, Professional Diploma in Counselor ful. ing his township to be the first in the western Education, and Doctoral in Administration and f Upper Peninsula of Michigan to enact the his- Supervision. toric preservation and land-use ordinances. Mr. Speaker, Ms. Hyland began her career TRIBUTE TO PAUL LEHTO, RECIPI- When the Keweenaw National Park was cre- in public education as both a teacher of ENT OF NORTHERN MICHIGAN ated and Paul assumed the post of chairman English and a Guidance Counselor in 1968, at UNIVERSITY’S PRESIDENT’S of the park’s Advisory Commission, a task he the Diocese of Brooklyn. Since then, she has AWARD FOR DISTINGUISHED continues to this day. Capitalizing on the re- held positions on the Staff of the New York CITIZENSHIP gion’s history and natural beauty are keys to State Senate, in the Office of Development at economic survival, and Paul has been on the St. John’s University, and in the Institutional HON. BART STUPAK cutting edge of this effort. A 16-acre lakeshore Advancement Office at Queensborough Com- OF MICHIGAN community park is another of his accomplish- munity College. She began her work at IN THE HOUSE OF REPRESENTATIVES ments. Queensborough Community College as the Di- Amidst his other tasks, Paul Lehto has rector of Development and Grants, and 15 Tuesday, October 30, 2001 found time to coach youth hockey on several years later, Ms. Hyland has achieved the posi- Mr. STUPAK. Mr. Speaker, I rise today to levels, and he has served as a commissioner tion of Vice President for Institutional Ad- pay special tribute to an individual in my con- on the Western Upper Peninsula Planning and vancement. gressional district, the 1st District of Michigan. Development Regional Commission. This Helene must also be recognized for her This individual personifies the best qualities of planning and re-granting agency has worked achievement as President and owner of Sand community volunteers—vision, dedication, for years to assist with housing infrastructure Dollar Associates. Sand Dollar is a com- leadership, and humility. He has served as a and economic redevelopment projects in the prehensive consulting firm that offers direction coach for youth sports, as a local elected offi- region hit hard by the end of the copper busi- and services in the area of fund-raising, insti- cial with three decades of service, and he has ness. tutional advancement, public relations, grant headed up the citizens’s advisory board for I’d like to add a few personal comments, Mr. writing and publications. Clients include many one of our newest national parks since the Speaker. Paul Lehto’s accomplishments are churches and seminaries in the Queens com- panel was formed. Truly, Paul Lehto of Cal- great, but in many respects he is a true man CONGRESSIONAL RECORD — Extensions of Remarks E1959 of the region—a ‘‘Yooper’’ as we in the U.P. SHAME ON THE HOUSE both at home and abroad in this sudden war of Michigan style ourselves. As a typical against terrorism. And he called on the na- Yooper, he does what needs to be done with- tion as a whole to adopt that spirit of self- HON. JANICE D. SCHAKOWSKY lessness as the new standard ‘‘by which we out looking for any award, and he accom- measure everything we do.’’ plishes his tasks without fanfare. He will fight OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES ‘‘The standard is clear,’’ he said. ‘‘To seek for what he believes in, but he will accept his what is right for our country, and not just victories with humility. Tuesday, October 30, 2001 for ourselves.’’ He said it is essential that In therefore gives me special pleasure to Ms. SCHAKOWSKY. Mr. Speaker, I am dis- Americans not ‘‘strive for private advantage call your attention and that of our colleagues in a time of national need.’’ appointed, but not surprised, by what took to the great honor from Northern Michigan Not everyone is listening. place in the House of Representatives last University that has been bestowed on my Senator Kennedy’s speech was, specifi- week. By the narrowest of margins, the tired friend, Paul Lehto. cally, a call for fairness and common de- old agenda of tax cuts for the rich and give- cency as Congress moves ahead with its ef- f aways to the corporate interests and big busi- fort to help revive an economy that was fal- TRIBUTE TO MRS. KANA BARKER- ness scored another victory in the Republican- tering before Sept. 11, and has since been MABON controlled House. thrown into very serious trouble by ter- Bob Herbert described it best when he rorism and war. wrote in The New York Times, on Monday, But last week, as the House narrowly HON. HAROLD E. FORD, JR. October 29, 2001: ‘‘The Republicans who con- passed its version of an economic stimulus package, the dominant motive at work ap- OF TENNESSEE trol the House thumbed their noses at the or- IN THE HOUSE OF REPRESENTATIVES peared once again to be greed. The Repub- dinary Americans who will absorb the brunt of licans who control the House thumbed their Tuesday, October 30, 2001 the economic downturn and shamelessly gift- noses at the ordinary Americans who will ab- Mr. FORD. Mr. Speaker, I rise today to wrapped yet another bundle of tax cuts for the sorb the brunt of the economic downturn and honor and extend well-deserved recognition to very well-to-do.’’ shamelessly gift-wrapped yet another bundle of tax cuts for the very well-to-do. Mrs. Kana Barker-Mabon who was awarded He added: ‘‘With Americans fighting and dying both at home and abroad, we are under- In Senator Kennedy’s words, the House the prestigious Milken Family Foundation Na- proposal, which contains more than $100 bil- tional Educator Award for her dedication, com- standably in a season of patriotism. That patri- otism should not be soiled by wartime profit- lion in tax cuts for corporations and individ- passion and diligence as an educator in the uals, ‘‘merely repackages’’ old, partisan, un- Memphis City Schools. eering.’’ fair, permanent tax breaks—which were re- Being only one of two educators ever The Republican so-called economic stimulus jected by Congress last spring—under the awarded this distinguished award in Ten- package is described by Mr. Herbert as having new label of economic stimulus. The Amer- nessee, Mrs. Barker-Mabon has always had a ‘‘. . . very little to do with economic recov- ican people deserve better.’’ passion for working with children. While pur- ery. It’s about using the shield of war and eco- With Americans fighting and dying both at suing her bachelors in political science at nomic hard times as a cover for the perpetual home and abroad, we are understandably in a season of patriotism. That patriotism should Rhodes College, she also took education task of funneling government largesse to the very rich.’’ not be soiled by wartime profiteering. classes under Dr. Watson, the chair of the The House package is a breathtaking ex- Education Department at Rhodes College and It should come as no surprise that there are ample of cynicism and chutzpah. The bill’s current Superintendent of Memphis City Public some in Congress who will push their one- primary author, Representative Bill Thomas, Schools. track agenda no matter what. If our nation is a Republican from California, piously pro- During her student teaching, Mrs. Barker- experiencing an economic downturn, then the claimed that there is an urgent need to help Mabon was determined to teach where she answer is tax cuts for the top. If our nation is businesses because they are the nation’s em- believed the children needed her the most, so recovering from a terrorist attack, then the so- ployers. ‘‘They’re the hardware store,’’ he she requested placement at Cypress Middle, lution is more Treasury money to the big cor- said, ‘‘the diner down the street, the gas sta- tion on the corner.’’ one of the lowest performing schools in the porations. And if our Armed Forces are en- gaged in battle half way across the world, then And then you look closely at the legisla- state. She continues to teach there today. tion and find that it overwhelmingly favors Mrs. Barker-Mabon is a product of Memphis a tax cut for the wealthy and well connected the giant corporations, with tax breaks ap- City Schools and has been a success story is the patriotic thing to do. proaching $1.4 billion for I.B.M., more than since she was placed at Cypress. The results Since 9/11, the American people are holding $800 million for General Motors and $670 mil- of her hard work are seen through the lives of their government to a higher standard, and are lion for General Electric. the children she touches. placing extraordinary trust in their elected offi- It’s a stimulus package in name only be- Mrs. Barker-Mabon earned her M.Ed. in cur- cials. Shame on those public servants who cause the Americans who are the most riculum and instruction from Freed-Hardeman abuse that trust. strapped—the consumers who would take University and is currently working on her I hope my colleagues will carefully read Mr. any relief that they received and imme- diately pump it right back into the econ- Ph.D. at the University of Mississippi. She Herbert’s op-ed and consider his arguments. omy—get the least. The package has very continues to embrace her students in their [From the New York Times, Oct. 29, 2001] little to do with economic recovery. It’s academic endeavors and strives to meet their about using the shield of war and economic SHAME IN THE HOUSE immediate needs by offering students study hard times as a cover for the perpetual task sessions in addition to providing them with (By Bob Herbert) of funneling government largesse to the very food on the weekends. ‘‘Ask not what your country can do for rich. In her teaching career, Mrs. Barker-Mabon you. . .’’ Nearly $2 trillion in tax cuts were passed was promoted from classroom teacher to It has been 40 years since John F. Kennedy, just a few months ago, but that was not school facilitator after only five years at Cy- standing hatless and coatless in the bitter enough. True greed knows no bounds. cold of a snow-covered capital, delivered the The political analyst Kevin Phillips, in a press, and she teaches other educators how lines that turned out to be the most stirring commentary on National Public Radio, said: to be more effective. Her steadfastness and and most famous of his presidency. ‘‘Neither house of Congress has ever passed undying devotion manifests itself in the atti- If you listened closely last week, you could this kind of major tax bill in wartime, and tudes of her students and their test scores. hear an echo of that moment on the Senate no one in the House assumes that the Senate She is held in very high esteem by her stu- floor. On Wednesday morning, in an address will accept it in whole. But the more ex- dents, faculty and administration. to his colleagues, Senator Edward M. Ken- treme the House bill, the further that will This recent award only further highlights a nedy said: ‘‘Now we have seen, perhaps more drag the eventual compromise in that same career committed to educating and caring for clearly than ever before in our lives, how we inexcusable direction. The only real solution is a public outcry, tens of millions of point- the well-being of our children. Mr. Speaker, I are all in this together—how if even one of us is hurting, all of us hurt. Our first ing fingers and voices saying, ‘Shame.’’’ hope that you and my colleagues will join me thoughts on September 11 were about others, Forty years after the inauguration of in honoring Mrs. Kana Barker-Mabon, a model not ourselves.’’ President Kennedy, the most favored and educator whose kindness and dedication con- Senator Kennedy, now 69 years old, spoke least needy among us are proving themselves tinues to change the lives of countless youth movingly of the acts of extraordinary brav- to be masterful at finding what their coun- in Memphis, Tennessee. ery and selflessness exhibited by Americans try can do for them. E1960 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2001 PERSONAL EXPLANATION We must not allow racial, religious, or ethnic senger had been flagged as a selectee, there profiling. The airport ground crews should be would have been additional security checks.’’ prohibited from stopping Sikh passengers and She said she was not sure if those additional HON. CHARLES A. GONZALEZ checks are triggered by what a passenger OF TEXAS searching their religiously-mandated turbans. wears or what he or she looks like. This kind of discrimination is never acceptable. IN THE HOUSE OF REPRESENTATIVES ‘‘Certainly, it could be a bit awkward for I ask Attorney General Ashcroft and Secretary Tuesday, October 30, 2001 passengers to have their personal belongings of Transportation Mineta to look into this mat- searched in front of other passengers,’’ Ruth- Mr. GONZALEZ. Mr. Speaker, on rollcall no. ter and stop this harassment of Sikh Ameri- erford acknowledged, adding: ‘‘It is certainly 400, 401, 402, 403, 404, 405, 406, 407. cans immediately. not our intent to embarrass our passengers.’’ Had I been present, I would have voted Mr. Speaker, I would like to place an India- Manjit Singh, executive director of the 400–no; 401–no; 402–yes; 403–yes; 404–no; West article on the Kohli incident into the Maryland-based Sikh Media Watch and Re- 405–yes; 406–yes; 407–yes. RECORD for the information of my colleagues. source Task Force, told India-West that since the Sept. 11 attacks, his organization f [From India-West, Oct. 26, 2001] has received at least a dozen complaints SIKHS ASKED TO REMOVE TUR- SIKH ASKED TO HAND OVER TURBAN BEFORE similar to Kohli’s. ‘‘We are very disturbed by BANS AT AIRPORT, TURBAN IS BOARDING PLANE what’s happening,’’ Singh said. RELIGIOUS SYMBOL AND MUST (By Viji Sundaram) He said his group plans to meet with Norm NOT BE REMOVED Satpal Singh Kohli was about to board a Mineta, Secretary of Transportation, as well Southwest Airlines flight from Albuquerque, as with FAA officials to make them aware of N.M., to Los Angeles Oct. 22, when ground what was happening. ‘‘A Sikh should never HON. EDOLPHUS TOWNS crew at the security gate demanded that he be forced to remove his turban,’’ Singh said. OF NEW YORK hand over his turban to them before he en- ‘‘It’s a religiously mandated headdress.’’ IN THE HOUSE OF REPRESENTATIVES planed. When Kohli protested, telling them He said turban searches should only be that as a Sikh his religion forbade him from done if the metal detector beeps. Security Tuesday, October 30, 2001 baring his head in public, the agents insisted agents, he said, should first do an electronic Mr. TOWNS. Mr. Speaker, there have been that he do as he was told. Kohli said that check, then pat down the turban if they sus- more incidents in which Sikh men were asked they told him that he would have to fly pect something, and only as a last resort to remove their turbans at an airport. Dr. minus his turban, which would be returned should they ask the passenger to remove his to him at the Los Angeles airport. Kohli said turban. Gurmit Singh Aulakh, President of the Council he told them that he had flown Southwest Since Sept. 11, Sikhs nationwide have be- of Khalistan, has brought these to my atten- from Los Angeles to Albuquerque just two come targets of hate crimes in the U.S., as tion. days earlier and ‘‘my turban wasn’t an issue people misidentify them as Taliban sup- then.’’ He also told them that he had to Satpal Singh Kohli was about to board a porters because of their beards and turbans. make that flight because his elderly father, Southwest Airlines flight from Albuquerque to A number of them have in recent weeks re- who was home alone in Los Angeles, needed Los Angeles when members of the ground portedly set aside their turbans and con- to be given medication and may even need to crew demanded that he remove his turban. He cealed their tresses under baseball caps. be hospitalized. told the ground crew that his Sikh religion re- When Kohli realized he was getting no- quired him to wear the turban and he could where with the agents, he asked to see their f not remove it. The ground crew insisted that supervisor. He said he was told that if he had he remove his turban. He needed to get to a complaint, he should call customer service, TRIBUTE TO MRS. VIRGINIA Los Angeles to be with his ailing father. When Kohli said in a e-mail he sent to India-West. MCNEIL the agents would not budge, Mr. Kohli de- The agents told him that if he wanted to manded to see their supervisor. He was told make that flight, he would have to submit to that if he had a complaint, he should contact a complete turban and hair search. HON. HAROLD E. FORD, JR. Because of his father’s medical condition, customer service. Kohli said he reluctantly agreed, but re- OF TENNESSEE The agents not only searched his turban in quested that it be done in a private area, out IN THE HOUSE OF REPRESENTATIVES full view of other passengers, they searched of view of the other passengers. Kohli said his unshorn hair—required by his religion—as the agents told him there was no private Tuesday, October 30, 2001 well. Mr. Kohli said that ‘‘In my whole life I area and that the search would be done at Mr. FORD. Mr. Speaker, I rise today to ex- have never been humiliated like this.’’ The the security area behind the counter. tend well-deserved recognition to Mrs. Virginia agents had only told him that they wanted to He said an agent not only searched his tur- McNeil of Memphis as she is named Elemen- search his bag, not his turban or hair. Yet they ban thoroughly in full view of the other pas- sengers and ground staff, she also searched tary School Principal for the year 2001 by the never checked his bag. his hair, before allowing him to board the Tennessee Principals’ Study Council. Last Saturday, Tejinder Singh Kahlon, a sit- plane. ting judge in New York, was asked to remove ‘‘My sentiments were hurt,’’ Kohli said. A hands-on educator with varied experi- his turban at a New York airport. He refused. ‘‘In my whole life I have never been humili- ences and an abiding devotion to her profes- He was not allowed to board his plane. He ated like this.’’ sion, Mrs. Virginia McNeil has rendered distin- called the media to report his harassment by Kohli said that in pulling him over for a guished service as an elementary school the airport security personnel. check, the agent had told him he needed to teacher, assistant principal and as an instruc- The turban is a symbol of the Sikh religion, have his bag searched, not his turban or his tional supervisor for the System-Wide hair. Yet, after searching his turban and to which Mr. Kohli and Judge Kahlon belong. Achievement Team of Memphis City Schools; hair, they waved him through, without however, the defining position of Mrs. McNeil’s It is religiously mandated. They are required to checking his carry-on bag, according to carry five symbols. Unshorn hair covered by a Kohli, who works as a travel agent. career has been her productive tenure as the turban is one of these. More than 99 percent When he arrived in Los Angeles, Kohli said principal of Alton Elementary school, a posi- of the people in this country who wear turbans he went to Southwest’s customer service tion she has held since August 1988. are Sikhs. Turbans should not be removed center and told the two men there—the cus- With a powerful determination and an ex- and searched. tomer service supervisor and station man- pressed concern for each student, Principal Linda Rutherford, a spokeswoman for ager—about what he had been put through. McNeil has worked tirelessly to implement Both men, as well as the captain of the plane Southwest Airlines, admitted that the incident who happened to stop by, agreed that turban school reform, inspire students to achieve, en- had to do with ‘‘passenger profiling’’ and searches were not a part of the new security courage professional development for teach- claimed that the rules had to do either with requirements, Kohli said. He said they apolo- ers and involve parents and community lead- what a passenger wears or what he looks like, gized for what had happened. ers in the everyday operation of this school. In but she blamed the Federal Aviation Adminis- Called for a comment, Linda Rutherford, a the midst of her work, she also has been the tration for these new rules. If that is true, the Southwest Airlines spokeswoman in its cor- impetus behind the creation of the school’s FAA should be ashamed of themselves. They porate headquarters in Dallas, Texas, told strong sense of ‘‘internal community.’’ The col- India-West that following the Sept. 11 ter- have institutionalized racial profiling as a part rorist attacks on America, there has been lective attitude of the faculty and staff has of their antiterrorism policy. If it is the airline’s some new Federal Aviation Administration- been one which has encouraged support and own policy, then decent Americans should mandated procedures ‘‘regarding passenger collaboration. This has been extremely impor- flood Southwest Airlines’ headquarters with profiling.’’ She said she was not aware of the tant given the fact that Mrs. McNeil has shep- protests. Kohli incident, but noted that ‘‘if a pas- herded a staff that has consistently contained CONGRESSIONAL RECORD — Extensions of Remarks E1961 a significant number of new and young teach- service to the students and young people of of Black School Educators, and her role as ers. Memphis, Tennessee. She has championed president-elect of the Tennessee Association These efforts have helped to turn this low- the cause of education and been one of its of Elementary and Middle School Principals performing urban school into a model for the most vocal and effective advocates. This can (TAEMSP). Mid-South region with the dramatic turnaround be easily seen with the noteworthy accom- For the incalculable effect her good work that has occurred with not only the school’s plishments she has achieved including her se- has had in the lives of countless youth, Mr. poor test scores, but also the positive attitude lection as an attendee to the Harvard Prin- Speaker, I would ask that you and my col- of the student body and entire school commu- cipal’s Academy in 1999, her selection as a leagues in the U.S. House of Representatives nity. participant in the 2002 Leadership Memphis would join with me in honoring my friend and This recent award only further highlights a Class, her recognition as Distinguished Role a friend to education, Mrs. Virginia McNeil of career and resolve that has been rendered in Model of the Year with the Memphis Alliance Memphis, Tennessee. Tuesday, October 30, 2001 Daily Digest Senate the committee of jurisdiction under the budget proc- Chamber Action ess. Pages S11182–83 Routine Proceedings, pages S11153–S11250 Domenici/Wellstone/Kennedy Amendment No. Measures Introduced: Ten bills and two resolu- 2020, to provide for equal coverage of mental health tions were introduced, as follows: S. 1585–1594, S. benefits with respect to health insurance coverage unless comparable limitations are imposed on med- Res. 174, and S. Con. Res. 80. Page S11198 ical and surgical benefits. Pages S11165–83 Measures Reported: Pending: S. 1202, to amend the Ethics in Government Act Dorgan Amendment No. 2024, to provide for of 1978 (5 U.S.C. App.) to extend the authorization mandatory advanced electronic information for air of appropriations for the Office of Government Eth- cargo and passengers entering the United States. ics through fiscal year 2006. (S. Rept. No. 107–88). Page S11184 H.R. 717, to amend the Public Health Service A unanimous-consent agreement was reached pro- Act to provide for research and services with respect viding for further consideration of the bill and cer- to Duchenne muscular dystrophy, with an amend- tain amendments to be proposed thereto, at 10:30 ment. a.m., on Wednesday, October 31, 2001, with a vote H.R. 2215, to authorize appropriations for the on final passage to occur thereon. Further, that upon Department of Justice for fiscal year 2002, with an passage, the Senate insist on its amendment, request amendment in the nature of a substitute. a conference with the House thereon, and the Chair S. 1319, to authorize appropriations for the De- be authorized to appoint conferees on the part of the partment of Justice for fiscal year 2002, with an Senate. Page S11248 amendment in the nature of a substitute. Anti-Terrorism Bill—Agreement: By unanimous- Pages S11197–98 consent, Senate vitiated the October 11, 2001 pas- Measures Passed: sage of S. 1510, to deter and punish terrorist acts in the United States and around the world, and to Reclamation Recreation Management Act enhance law enforcement investigatory tools, and the Amendment: Senate passed H.R. 2925, to amend bill was then indefinitely postponed. Page S11247 the Reclamation Recreation Management Act of Agriculture Appropriations: By unanimous-con- 1992 in order to provide for the security of dams, sent, Senate agreed to Reid (for Kohl/Cochran) facilities, and resources under the jurisdiction of the Amendment No. 2037, to make certain improve- Bureau of Reclamation, clearing the measure for the ments to H.R. 2330, making appropriations for Ag- President. Page S11248 riculture, Rural Development, Food and Drug Ad- Labor/HHS/Education Appropriations Act: Senate ministration, and Related Agencies programs for the began consideration of H.R. 3061, making appro- fiscal year ending September 30, 2002, as passed by priations for the Departments of Labor, Health and the Senate on October 25, 2001. Pages S11247–48 Human Services, and Education, and related agencies Nominations Confirmed: Senate confirmed the fol- for the fiscal year ending September 30, 2002, tak- lowing nominations: ing action on the following amendments proposed Kent R. Hill, of Massachusetts, to be an Assistant thereto: Pages S11154–85 Administrator of the United States Agency for Inter- Adopted: national Development. Harkin/Specter Amendment No. 2017, in the na- John F. Turner, of Wyoming, to be Assistant Sec- ture of a substitute. Page S11156 retary of State for Oceans and International Environ- Byrd/Stevens Amendment No. 2035 (to Amend- mental and Scientific Affairs. ment No. 2020), to direct that any expenditures re- Joseph M. DeThomas, of Pennsylvania, to be Am- sulting from Amendment No. 2020 be charged to bassador to the Republic of Estonia. D1067 D1068 CONGRESSIONAL RECORD — DAILY DIGEST October 30, 2001

Brian E. Carlson, of Virginia, to be Ambassador Privilege of the Floor: Page S11236 to the Republic of Latvia. Text of H.R. 2330, as Previously Passed and as John N. Palmer, of Mississippi, to be Ambassador Amended: Pages S11236–47 to the Republic of Portugal. John Malcolm Ordway, of California, to be Am- Adjournment: Senate met at 10 a.m., and ad- bassador to the Republic of Armenia. journed at 6:29 p.m., until 10 a.m., on Wednesday, Bonnie McElveen-Hunter, of North Carolina, to October 31, 2001. (For Senate’s program, see the re- be Ambassador to the Republic of Finland. marks of the Acting Majority Leader in today’s Robert V. Royall, of South Carolina, to be Am- Record on page S11248.) bassador to the United Republic of Tanzania. J. Edward Fox, of Ohio, to be an Assistant Ad- Committee Meetings ministrator of the United States Agency for Inter- national Development. (Committees not listed did not meet) E. Anne Peterson, of Virginia, to be an Assistant NOMINATIONS Administrator of the United States Agency for Inter- Committee on Armed Services: Committee ordered favor- national Development. ably reported 38 military nominations in the Army, Margaret K. McMillion, of the District of Colum- Navy, and Air Force. bia, Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador to the Repub- TERRORISM RISK INSURANCE lic of Rwanda. Committee on Commerce, Science, and Transportation: Wanda L. Nesbitt, of Pennsylvania, to be Ambas- Committee concluded hearings to examine the future sador to the Republic of Madagascar. of providing insurance for terrorist acts, focusing on Clifford M. Sobel, of New Jersey, to be Ambas- possible policies between the federal government and sador to the Kingdom of the Netherlands. the insurance industry to respond to the burden of Cameron R. Hume, of New York, to be Ambas- costs in the wake of the tragedies of September 11th, sador to the Republic of South Africa. after receiving testimony from Paul H. O’Neill, Sec- Pages S11247, S11249–50 retary of the Treasury; Pennsylvania Commissioner of Nominations Received: Senate received the fol- Insurance Diane Koken, Harrisburg, on behalf of the lowing nominations: National Association of Insurance Commissioners; R. L. Brownlee, of Virginia, to be Under Secretary David L. Keating, National Taxpayers Union, Alex- of the Army. andria, Virginia; David A. Moss, Harvard Business Peter B. Teets, of Maryland, to be Under Secretary School, Boston, Massachusetts; and Phillip L. Haw- of the Air Force. kins, Carr America Realty Corporation, Franklin W. Christopher Bancroft Burnham, of Connecticut, to Nutter, Reinsurance Association of America, Travis be an Assistant Secretary of State (Resource Manage- Plunkett, Consumer Federation of America, and ment). (New Position) Robert E. Vagley, American Insurance Association, Darryl Norman Johnson, of Washington, to be all of Washington, D.C. Ambassador to the Kingdom of Thailand. MAIL TERRORISM 2 Air Force nominations in the rank of general. Committee on Governmental Affairs and the Sub- Routine lists in the Air Force, Army, Coast committee on International Security, Proliferation Guard, Navy. Pages S11248–49 and Federal Services held joint hearings to examine Messages From the House: Page S11194 the effects of terrorism on the U.S. mail service, fo- Measures Placed on Calendar: Page S11194 cusing on safeguards to protect postal employees and its customers, after receiving testimony from John E. Executive Communications: Page S11194 Potter, Postmaster General, United States Postal Petitions and Memorials: Pages S11194–97 Service; Gus Baffa, National Rural Letter Carriers’ Executive Reports of Committees: Page S11198 Association, Alexandria, Virginia; William Burrus, American Postal Workers Union, AFL–CIO, Denise Additional Cosponsors: Pages S11198–99 Manley, Brentwood Post Office, and William H. Statements on Introduced Bills/Resolutions: Quinn, National Postal Mail Handlers Union, all of Pages S11199–S11216 Washington, D.C.; Vincent R. Sombrotto, National Additional Statements: Pages S11192–94 Association of Letter Carriers, Port Washington, New York; and Tony DiStephano, Jr., NALC Branch Amendments Submitted: Pages S11216–36 380, Trenton New Jersey. Authority for Committees to Meet: Page S11236 Hearings will continue tomorrow. October 30, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1069 LOW INCOME HOME ENERGY ASSISTANCE cusing on priorities for reauthorization; after receiv- PROGRAM ing testimony from Wade Horn, Assistant Secretary Committee on Health, Education, Labor, and Pensions: of Health and Human Services for the Administra- Committee concluded hearings to examine new chal- tion for Children and Families; Jerry McKim, Iowa Department of Human Rights, Des Moines; Elliott lenges facing the Low Income Home Energy Assist- Jacobson, Action, Inc., Gloucester, Massachusetts; ance Program, which offers primary federal support and Theresa Hopkins Allsop, Northeast Utilities to help needy households pay their energy bills, fo- Foundation, Hartford, Connecticut. h House of Representatives eligibility for refugee status of unmarried sons and Chamber Action daughters of certain Vietnamese refugees; Measures Introduced: See next issue. Pages H7362–64 Reports Filed: Reports were filed today as follows: Presentation of the Public Safety Officer Medal H.R. 2585, to authorize the Secretary of the Inte- of Valor: H. Con. Res. 243, expressing the sense of rior to conduct a study of the feasibility of providing the Congress that the Public Safety Officer Medal of adequate upstream and downstream passage for fish Valor should be presented to the public safety offi- at the Chiloquin Dam on the Sprague River, Oregon cers who have perished and select other public safety (H. Rept. 107–255); officers who deserve special recognition for out- H.R. 1776, to authorize the Secretary of the Inte- standing valor above and beyond the call of duty in rior to study the suitability and feasibility of estab- the aftermath of the terrorist attacks in the United lishing the Buffalo Bayou National Heritage Area in States on September 11, 2001 (agreed to by a yea west Houston, Texas, amended (H. Rept. 107–256); and nay vote of 409 yeas with none voting ‘‘nay’’, H.R. 483, regarding the use of the trust land and Roll No. 408); Pages H7365–68, H7387–88 resources of the Confederated Tribes of the Warm Long-Term Care Security Act Amendments: Springs Reservation of Oregon, amended (H. Rept. H.R. 2559, to amend chapter 90 of title 5, United 107–257); States Code, relating to Federal long-term care insur- Conference report on H.R. 2311, making appro- ance (agreed to by a yea and nay vote of 406 yeas priations for energy and water development for the to 1 nay, Roll No. 409); Pages H7368–69, H7388–89 fiscal year ending September 30, 2002 (H. Rept. Congratulating Barry Bonds on His Record 107–258); and Breaking Season: H. Res. 266, congratulating Barry Conference report on H.R. 2647, making appro- Bonds on his spectacular, record-breaking season for priations for the Legislative Branch for the fiscal year the San Francisco Giants and Major League Baseball; ending September 30, 2002 (H. Rept. 107–259). Pages H7369–72 Pages H7418–H7526 Benjamin Franklin Tercentenary Commission: Speaker Pro Tempore: Read a letter from the H.R. 2362, amended, to establish the Benjamin Speaker wherein he appointed Representative Franklin Tercentenary Commission; Pages H7372–74 Culberson to act as Speaker pro tempore for today. Norman Sisisky Post Office, Petersburg, Vir- Page H7359 ginia: H.R. 2910, to designate the facility of the Guest Chaplain: The prayer was offered by Mr. United States Postal Service located at 3131 South Antoine Incashola, Confederated Salish and Kootenai Crater Road in Petersburg, Virginia, as the ‘‘Norman Tribes of Pablo, Montana. Page H7361 Sisisky Post Office Building’’ (agreed to by a yea and nay vote of 405 yeas with none voting ‘‘nay,’’ Roll Recess: The House recessed at 12:51 p.m. and re- No. 410); Pages H7375–79, H7389 convened at 2 p.m. Page H7361 Confederated Tribes of the Warm Springs Res- Suspensions: The House agreed to suspend the rules ervation of Oregon: H.R. 483, amended, regarding and pass the following measures: the use of the trust land and resources of the Con- Extension of Refugee Status for Certain Viet- federated Tribes of the Warm Springs Reservation of namese Refugees: H.R. 1840, amended, to extend Oregon; Pages H7379–80 D1070 CONGRESSIONAL RECORD — DAILY DIGEST October 30, 2001 Chiloquin Dam Fish Passage Feasibility Study: Counterterrorism Division, Domestic Terrorism/ H.R. 2585, to authorize the Secretary of the Interior Counterterrorism Planning Section, FBI, Department to conduct a study of the feasibility of providing of Justice; and public witnesses. adequate upstream and downstream passage for fish at the Chiloquin Dam on the Sprague River, Or- OVERSIGHT—WASHINGTON AQUEDUCT DISCHARGE EFFECTS egon; Pages H7380–81 Buffalo Bayou National Heritage Area Study: Committee on Resources: Subcommittee on National H.R. 1776, amended, to authorize the Secretary of Parks, Recreation and Public Lands held an oversight the Interior to study the suitability and feasibility of hearing on the Discharge Effects of the Washington establishing the Buffalo Bayou National Heritage Aqueduct. Testimony was heard from John Parsons, Associate Regional Director, Lands, Resources, and Area in west Houston, Texas; and Pages H7382–83 Planning, National Capitol Region, National Park First Responder Death and Injuries at the Service, Department of the Interior; William T. Ho- World Trade Center and Pentagon: H. Con. Res. garth, Assistant Administrator, Fisheries, National 233, expressing the profound sorrow of the Congress Marine Fisheries, NOAA, Department of Commerce; for the death and injuries suffered by first responders Patricia Gleason, Chief, Maryland and District of as they endeavored to save innocent people in the Columbia Watershed Branch, Water Protection Di- aftermath of the terrorist attacks on the World vision, EPA; Col. Charles J. Fiala, Jr., USA, Com- Trade Center and the Pentagon on September 11, mander and District Engineer, Baltimore District, 2001 (agreed to by a yea and nay vote of 405 yeas U.S. Army Corps of Engineers, Department of the with none voting ‘‘nay,’’ Roll No. 411). Army; and public witnesses. Pages H7383–87, H7390 Recess: The House recessed at 4:46 and reconvened SECURE TRANSPORTATION FOR AMERICA ACT at 6 p.m. Page H7387 Order of Business—Treasury, Postal Appropria- Committee on Rules: Heard testimony from Chairman tions Conference Report: Agreed that it be in Young of Alaska and Representatives Mica, order at any time to consider the conference report LaTourette, Castle, Smith of Michigan, Ganske, on H.R. 2590, making appropriations for the Treas- Oberstar, Lipinski, Millender-McDonald, Bonior, ury Department, the United States Postal Service, Andrews, Jackson of Illinois, Carson, Inslee, Strick- the Executive Office of the President, and certain land, Udall of New Mexico, and Solis but no action Independent Agencies, for the fiscal year ending Sep- was taken on H.R. 3150, Secure Transportation for tember 30, 2002; that all points of order against the America Act of 2001. conference report and against it’s consideration be GAO’S REPORT—VETERANS’ SERVICES waived; and that the conference report be considered Committee on Veterans’ Affairs: Subcommittee on Bene- as read. See next issue. fits held a hearing on the GAO’s report: ‘‘Veterans’ Senate Messages: Message received from the Senate Employment and Training Service Flexibility and appears on page H7397. Accountability Needed to Improve Service to Vet- Adjournment: The House met at 12:30 p.m. and erans’’ and the VA’s implementation of the Voca- at 11:23 p.m. stands in recess subject to the call of tional Training and Rehabilitation program under the Chair. chapter 31 of Title 38. Testimony was heard from Julius Williams, Director, Rehabilitation and Em- ployment, Department of Veterans Affairs; Charles S. Committee Meetings Ciccolella, Deputy Assistant Secretary, Veterans Em- POSTAL SERVICE—SAFETY OF POSTAL ployment and Training, Department of Labor; EMPLOYEES AND MAIL Sigurd Nilsen, Director, Education, Workforce, and Committee on Government Reform: Held an oversight Income Security Issues, GAO; Roger Madsen, Direc- hearing on the U.S. Postal Service: The Safety of tor, Department of Labor, State of Idaho; representa- Postal Employees and the Mail. Testimony was heard tives of veterans organizations; and public witnesses. from the following officials of the U.S. Postal Serv- f ice: John E. Potter, Postmaster General; and Ken- neth C. Weaver, Chief Postal Inspector, Postal In- NEW PUBLIC LAWS spection Service; Mitch Cohen, M.D., Director, Divi- (For last listing of Public Laws, see DAILY DIGEST of October 29, sion of Bacterial and Mycotic Diseases, National 2001, p. D1064) Center for Infectious Diseases, Department of Health S. 1465, to authorize the President to exercise and Human Services; James Jarboe, Section Chief, waivers of foreign assistance restrictions with respect October 30, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1071 to Pakistan through September 30, 2003. Signed on House October 27, 2001. (Public Law 107–57) Committee on Education and the Workforce, Subcommittee f on Select Education and the Subcommittee on 21st Cen- tury Competitiveness, joint hearing on Tracking Inter- COMMITTEE MEETINGS FOR WEDNESDAY, national Students in Higher Education-Policy Options OCTOBER 31, 2001 and Implications for Students, 10 a.m., 2175 Rayburn. Committee on Energy and Commerce, to mark up the fol- (Committee meetings are open unless otherwise indicated) lowing bills: H.R. 2983, Price-Anderson Reauthorization Act of 2001; and H.R. 3046, Medicare Regulatory, Ap- Senate peals, Contracting, and Education Reform Act of 2001, Committee on Agriculture, Nutrition, and Forestry: business 10 a.m., 2123 Rayburn. meeting to consider S. 1519, to amend the Consolidated Committee on Financial Services, to consider the following Farm and Rural Development Act to provide farm credit measures: H.R. 2871, amended, Export-Import Bank Re- assistance for activated reservists, focusing on credit title authorization Act of 2001; H.R. 2604, amended, to au- thorize the United States to participate in and contribute provisions, and subcommittee assignments, 2:30 p.m., to the seventh replenishment of the resources of the Asia SR–328A. Development Fund and the fifth replenishment of the re- Committee on Appropriations: Subcommittee on Labor, sources of the International Fund for Agricultural Devel- Health and Human Services, and Education, to hold hear- opment, and to set forth additional policies of the United ings to examine the progress in making stem cells avail- States towards the African Development Bank, the Afri- able to federally-funded researchers, 9 a.m., SD–124. can Development Fund, the Asian Development Fund, Committee on Environment and Public Works: Sub- the Inter-American Development Bank, and the European committee on Fisheries, Wildlife, and Water, to hold Bank for Reconstruction and Development; and H.R. hearings to examine innovative financing mechanisms re- 556, Unlawful Internet Gambling Funding Prohibition lated to the drinking water and clean water state revolv- Act, 10 a.m., 2128 Rayburn. ing fund, 9:30 a.m., SD–406. Committee on International Relations, Subcommittee on Committee on Foreign Relations: to hold hearings on the International Operations and Human Rights, hearing on nomination of George L. Argyros, Sr., of California, to be the Afghan People vs. the Taliban: the Struggle for Free- Ambassador to Spain, and to serve concurrently and with- dom Intensifies, 3 p.m., 2172 Rayburn. out additional compensation as Ambassador to Andorra; Committee on Ways and Means, to mark up the following the nomination of Robert M. Beecroft, of Maryland, for bills: H.R. 2873, Promoting Safe and Stable Families the rank of Ambassador as Head of Mission, Organization Amendments of 2001; and H.R. 3129 Customs Border for Security and Cooperation in Europe (OSCE), Bosnia Security Act of 2001, 10 a.m., 2167 Rayburn. and Herzegovina; the nomination of Lyons Brown, Jr., of Joint Meetings Kentucky, to be Ambassador to the Republic of Austria; the nomination of Stephan Michael Minikes, of the Dis- Conference: closed meeting of conferees on S. 1438, to trict of Columbia, to be U.S. Representative to the Orga- authorize appropriations for fiscal year 2002 for military nization for Security and Cooperation in Europe, with the activities of the Department of Defense, for military con- rank of Ambassador; the nomination of William D. structions, and for defense activities of the Department of Montgomery, of Pennsylvania, to be Ambassador to the Energy, to prescribe personnel strengths for such fiscal Federal Republic of Yugoslavia; the nomination of Melvin year for the Armed Forces, 10 a.m. and 2:30 p.m., SC–5, F. Sembler, of Florida, to be Ambassador to Italy; and the Capitol. nomination of Ronald Weiser, of Michigan, to be Ambas- Commission on Security and Cooperation in Europe: to hold sador to the Slovak Republic, 2 p.m., SD–419. hearings on the Romanian leadership of the Organization Committee on Governmental Affairs: with the Sub- for Security and Cooperation in Europe (OSCE), focusing on the work of the OSCE in strengthening security, pre- committee on International Security, Proliferation and venting conflict and management crises in the OSCE re- Federal Services, to continue joint hearings to examine gion, as well as promoting respect for human rights and terrorism through the mail, focusing on the protection of democratic values in the OSCE participating states under postal workers and the public, 9:30 a.m., SD–342. Romania’s Chairmanship, 9:30 a.m., SR–385. D1072 CONGRESSIONAL RECORD — DAILY DIGEST October 30, 2001

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, October 31 10 a.m., Wednesday, October 31

Senate Chamber House Chamber Program for Wednesday: After the recognition of two Program for Wednesday: Consideration of the con- Senators for speeches and the transaction of any morning ference report on H.R. 2590, Treasury, Postal Appropria- business (not to extend beyond 10:30 a.m.) Senate will tions (unanimous consent); continue consideration of H.R. 3061, Labor/HHS/Edu- Consideration of the conference report on H.R. 2311, cation Appropriations Act, with a vote on final passage Energy and Water Development Appropriations (subject to occur thereon. to a rule); and Consideration of the conference report on H.R. 2647, Legislative Branch Appropriations (subject to a rule).

Extensions of Remarks, as inserted in this issue

HOUSE Fletcher, Ernie, Ky., E1949 McIntyre, Mike, N.C., E1956 Ford, Harold E., Jr., Tenn., E1959, E1960 Moore, Dennis, Kansas, E1955 Ackerman, Gary L., N.Y., E1958 Gilman, Benjamin A., N.Y., E1951 Nadler, Jerrold, N.Y., E1943 Barr, Bob, Ga., E1957 Gonzalez, Charles A., Tex., E1960 Pickering, Charles W. ‘‘Chip’’, Miss., E1956 Bilirakis, Michael, Fla., E1942 Graves, Sam, Mo., E1948 Radanovich, George, Calif., E1948, E1949, E1951, E1954 Boehlert, Sherwood L., N.Y., E1950 Green, Gene, Tex., E1950 Rahall, Nick J., II, W.Va., E1947 Burton, Dan, Ind., E1946 Hastert, J. Dennis, Ill., E1958 Rothman, Steven R., N.J., E1940 Cantor, Eric, Va., E1940, E1941 Israel, Steve, N.Y., E1939, E1941, E1942 Roukema, Marge, N.J., E1948 Clay, Wm. Lacy, Mo., E1953 Lantos, Tom, Calif., E1939, E1945 Schakowsky, Janice D., Ill., E1959 Conyers, John, Jr., Mich., E1944 Lipinski, William O., Ill., E1945 Stark, Fortney Pete, Calif., E1943 Costello, Jerry F., Ill., E1942, E1955 McDermott, Jim, Wash., E1957 Stearns, Cliff, Fla., E1942 DeFazio, Peter A., Ore., E1941 McGovern, James P., Mass., E1939, E1941, E1942, Stupak, Bart, Mich., E1958 DeMint, Jim, S.C., E1957 E1943, E1956 Towns, Edolphus, N.Y., E1960 Everett, Terry, Ala., E1953 McInnis, Scott, Colo., E1953, E1954, E1955, E1956, Traficant, James A., Jr., Ohio, E1954 Faleomavaega, Eni F.H., American Samoa, E1954 E1957, E1958 Wolf, Frank R., Va., E1940, E1950, E1951

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