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

Vol. 148 WASHINGTON, TUESDAY, FEBRUARY 5, 2002 No. 7 House of Representatives The House met at 12:30 p.m. and was case they persisted. They went on to away; let’s make those permanent with called to order by the Speaker pro tem- also say, ‘‘We’re going to create a the strange exception of one that pore (Mr. BALLENGER). lockbox for all of the Social Security would particularly benefit the middle f surplus, $2.5 trillion. We’re going to class, which has to do with a com- create a lockbox for all of the Medicare plicated computation of an alternative DESIGNATION OF SPEAKER PRO trust fund surplus.’’ And they were tax for individuals, that one does not TEMPORE concerned that we would retire the $6 get made permanent. The SPEAKER pro tempore laid be- trillion national debt too quickly. But the exemption of estates over $5 fore the House the following commu- They were worried about that. million does, and the huge reduction in nication from the Speaker: Well, here we are a year later and rates for people who earn over $383,000. WASHINGTON, DC, rather than paying down the debt too At what cost? At tremendous cost. The February 5, 2002. quickly, as was projected last year, the cost is a whole host of reductions in I hereby appoint the Honorable CASS Bush budget will create an additional worthy domestic programs which the BALLENGER to act as Speaker pro tempore on $2 trillion of deficit by 2012, if you do President has proposed in this year’s this day. not take the Social Security and Medi- budget hidden sort of in the appendices J. DENNIS HASTERT, care trust funds and spend them, and the asterisks and some obfuscation Speaker of the House of Representatives. which, of course, he proposes to do. The here and there; but there are cuts in f President’s budget would divert all of education, there are cuts in needed so- MORNING HOUR DEBATES the Medicare surplus and 60 percent, or cial programs. There is inadequate $1.5 trillion, that is $1,500 billion for funding for a prescription drug benefit The SPEAKER pro tempore. Pursu- those who cannot go to the Ts, of the for people on Medicare, with no cost ant to the order of the House of Janu- Social Security surplus to pay for controls on the pharmaceutical indus- ary 23, 2002, the Chair will now recog- other government programs. try. Basically, the program would tend nize Members from lists submitted by What are the causes of this? We to very, very few seniors’ needs. But all the majority and minority leaders for would be led to believe there is only this is being done so that the tax cuts morning hour debates. The Chair will one cause, the attacks on America. Let can be made permanent. alternate recognition between the par- us look at the real underlying causes. Usually, when a country is under at- ties, with each party limited to not to Actually, the disappearance of the sur- tack, Presidents call for sacrifice; and exceed 30 minutes, and each Member, plus is due to, and these are figures many Americans and many in Congress except the majority leader, the minor- from the Congressional Budget Office agree with that, homeland security, ity leader, or the minority whip, lim- which is headed by a Republican, 41 necessary expenditures to arm our ited to not to exceed 5 minutes. percent are due to the tax cut, 23 per- young men and women serving so val- The Chair recognizes the gentleman cent are due to the recession, 10 per- iantly in the military. There is tremen- from Oregon (Mr. DEFAZIO) for 5 min- cent increased military spending, 8 per- dous agreement on those. But let us utes. cent increased spending for homeland also make our economic future secure. f security, and 16 percent technical ad- Unfortunately, the only security in the justments. President’s budget goes to, again, those THE BUSH BUDGET What is the reaction down at the at the very top, those who earn over Mr. DeFAZIO. Mr. Speaker, we have White House? The reaction at the $383,000 a year, and those who have es- gotten the President’s glossified 2003 White House is, ‘‘Let’s make those tax tates worth more than $5 million. budget, complete with color photos, for cuts,’’ which are contributing 41 per- If you just froze the benefits for the first time. What a difference a year cent of the increase in deficit, ‘‘let’s those people, the elite of the elite, the makes, not only in the format but in make them permanent. Let’s in fact richest of the rich, those who do not the content. A year ago, the President expand them.’’ That is what the Presi- care about Social Security, do not care and the Office of Management and dent’s budget proposes. So that those about a prescription drug benefit, do Budget said, there are surpluses as far who earn over $383,000 a year and those not care about education funding be- as the eye can see, at least for the next with estates over $5 million will be as- cause their kids go to private schools, 10 years, huge and growing surpluses. sured that the laughable assumption in if you just froze those people in place A few of us were dubious about pre- last year’s budget that their tax cuts so they contributed a little bit more in dicting the economy 10 years out and will be sunseted after 10 years and ev- this time of sacrifice and attack on the about this rosy scenario, but in any erything, all the tax cuts, will be going United States of America, then you

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 11-MAY-2000 03:32 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A05FE7.000 pfrm04 PsN: H05PT1 H112 CONGRESSIONAL RECORD — HOUSE February 5, 2002 could reduce substantially the draw on rhetoric clouds the issue and does dam- United States, and destroy some of our the Social Security trust funds and the age to the efforts made on behalf of symbols of the freedom and liberty increase in the deficit. mother and child. No matter what that we have in this country. It is a But the President and his advisers one’s conviction is concerning abor- $2.13 trillion budget, a budget that has say, no, absolutely not, those people, tion, we can all agree that the mother continued to grow faster than inflation those $5 million-plus estates, those deserves as much information as is for the last 40 years. people who earn over $383,000, they available in making this solemn deci- Mr. Speaker, my particular concern need every penny of that tax cut be- sion. Information is the best weapon in is the fact that government is growing cause they will spend the money in defusing the volatile discussion and re- so rapidly. And I would hope that we ways that might put some people to turning us to our first concern, which could comply with the President’s sug- work at a minimum wage which could is the health of the mother and the gestion that we hold down the discre- then pay taxes which would help defray child. The ultrasound is a valuable tool tionary domestic spending so that the the deficit and the economy will be in expanding the debate beyond tradi- deficit is minimized, or hopefully there growing into the future. tional platitudes on both sides of the will be no deficit this year in terms of I would hope that the Congress re- argument. all funds coming into the Federal Gov- jects these assumptions, these prior- Modern medicine has provided us ernment versus the funds going out of ities, and substantially rewrites this with a window into the womb. These the Federal Government. budget. advances in technology empower It was only a short time ago that f women with as much information as both Republicans and Democrats in INTRODUCTION OF ULTRASOUND possible regarding her pregnancy. The this Chamber pledged not to spend the LEGISLATION goal of this legislation is to provide Social Security surplus money. Maybe, women who find themselves with an maybe the kind of war that we are in The SPEAKER pro tempore. Pursu- unplanned pregnancy with the full justifies spending that money. But if I ant to the order of the House of Janu- scope of information such that they had had my druthers, I would have pre- ary 23, 2002, the gentleman from Flor- may make a fully informed decision. ferred that the President gave us a ida (Mr. STEARNS) is recognized during This bill is about the dissemination budget that was balanced, at least in morning hour debates for 5 minutes. Mr. STEARNS. Mr. Speaker, I come of information. This bill is about ex- the unified sense of total revenues to the floor this morning to alert Mem- tending more free services to women coming in versus total expenditures bers to a piece of legislation that I will and about making available this vital going out. The reason for that is I introduce today, and I hope they will technology to the poor and, of course, think by the President suggesting that consider it. It is a bill that will be of to the rich. maybe it is okay this year to have an benefit to health clinics all over this Mr. Speaker, there are times when $80 billion deficit, it is going to open country. Many health clinics that wish people of good faith who differ on an the door for spenders, it is going to to provide medical services to unpre- issue can come together and find a open the door for individual Members pared pregnant women are prohibited place to agree. I believe this legislation of the House and the Senate to suggest from doing so because of the lack of brings us beyond the shrill arguments that as long as the President says it is funds to purchase medical equipment. regarding abortion and makes a mean- okay to have a little deficit spending, The mother is, therefore, forced to ingful step forward, a meaningful effort let us have more deficit spending for wander from one clinic to another in to care for the mother and child and some of these, quote-unquote, impor- search of the services she so des- bring more information to the woman. tant programs that we think should go perately needs. Enabling these health I urge the Members to support my back to my particular district. clinics to purchase ultrasound equip- bill. Pork-barrel spending has increased ment would be a persuasive push in the f tremendously. I think that is because direction of transitioning from a TIME FOR CONGRESS TO REIN IN when Members learn that most of the health clinic to a medical facility. SPENDING other Members are getting things for Mr. Speaker, the advantages of their district, it is only fair for them in ultrasound machines are many. It is The SPEAKER pro tempore. Pursu- the treatment of their particular con- fast and relatively cheap, costing as ant to the order of the House of Janu- stituents to try to get pork-barrel little as $50 per exam. Ultrasound ary 23, 2002, the gentleman from Michi- spending for their particular district. gan (Mr. SMITH) is recognized during exams are performed at about 10 to 14 b 1245 weeks of the pregnancy and are consid- morning hour debates for 5 minutes. ered the best way to gauge growth and Mr. SMITH of Michigan. Mr. Speak- I think pork-barrel spending has got anatomy before birth. Ultrasound can er, the President released his budget to stop. It is my hope and my encour- diagnose heart problems in this coun- yesterday. Congress and probably agement to the leadership of this try in the unborn child, find neural many in America and throughout the House on both sides of the aisle that tube defects, including spina bifida, world are starting to analyze just what this Chamber pass a budget resolution and determine the position of the pla- this budget does. that is in balance; that we say here is centa. There is now even ultrasound I compliment the President for send- the possibility of the $80 billion that equipment that can provide a three-di- ing out a warning to Congress that he might go into a stimulus tax cut pack- mensional image that can rotate 360 is not going to stand for excessive dis- age to stimulate the economy, but, if degrees to see all the sides of the baby. cretionary domestic spending for addi- that does not happen, we are going to For this reason, Mr. Speaker, I plan tional social programs. I think most of balance the budget. The challenge now to introduce a bill today that will au- us agree that his increase in spending is holding the line on spending. thorize Health and Human Services to for defense and national security is not Let me give one example of what has establish grants for which nonprofit only reasonable but is required, real- happened in the last 5 years. In 1998 health clinics could apply and, if izing what happened on September 11 Congress said we promise to balance awarded, purchase needed ultrasound and the fact of what we have discov- the budget by 2002. That balanced equipment. This legislation will ensure ered in Afghanistan, that there are budget was predicated on an estimate that doctors can provide critical infor- many terrorists throughout the world by both OMB and CBO that there would mation to mothers in their decision- dedicated to cause the same kind of be approximately $1.4 trillion of rev- making process regarding their preg- damage that those 19 individuals did on enue by 2002. nancies. Nothing in this bill makes ide- September 11. We are faced with the Guess what the revenue actually is ology regarding abortion a condition of fact that thousands of individuals went going to be in 2002, this fiscal year end- the grant. Whether a center offers through that same kind of perverted ing next October? The actual revenue abortion or abortion alternatives, the religious indoctrination and eventually is going to be $1.9 trillion. So my point clinic is still eligible. the training on how to be terrorists is, Mr. Speaker, that revenues are In the fiery controversy over abor- with a dedication to injure the people much larger than we anticipated, but tion in America, emotionally charged of the free world, especially in the what happened is spending increased

VerDate 11-MAY-2000 03:32 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.002 pfrm04 PsN: H05PT1 February 5, 2002 CONGRESSIONAL RECORD — HOUSE H113 significantly more, so that we have THE JOURNAL Hopefully they will do that before ended up with a great deal of deficit The SPEAKER pro tempore. The going any further into the site rec- spending. The difference between $1.4 Chair has examined the Journal of the ommendation process and before the trillion and $1.9 trillion in revenues, last day’s proceedings and announces lives of millions of Americans are jeop- between the $1.4 trillion we estimated 5 to the House his approval thereof. ardized. years ago and the $1.9 trillion that is Pursuant to clause 1, rule I, the Jour- f actually going to happen, even takes nal stands approved. ANNIVERSARY OF SIGNING OF into consideration the tax cut we did TREATY OF GUADALUPE HIDALGO last spring. f I would suggest that it behooves the PLEDGE OF ALLEGIANCE (Mr. UDALL of New Mexico asked United States to have the kind of eco- and was given permission to address The SPEAKER pro tempore. Will the nomic expansion we want by not going the House for 1 minute.) gentleman from New Mexico (Mr. deeper into debt, causing extra demand Mr. UDALL of New Mexico. Mr. UDALL) come forward and lead the by the government in the money that Speaker, February 2, 1848, marks the House in the Pledge of Allegiance. is available for borrowing, which is ul- anniversary of the signing of the Trea- Mr. UDALL of New Mexico led the timately going to increase interest ty of Guadalupe Hidalgo. Pledge of Allegiance as follows: rates and ultimately going to have a This is a treaty between Mexico and depressive effect on the economy. I pledge allegiance to the Flag of the the United States which guaranteed United States of America, and to the Repub- Mexican citizens who remained in the I would close by again urging my Re- lic for which it stands, one nation under God, publican and Democratic friends to indivisible, with liberty and justice for all. United States certain property rights. work towards a total unified balanced One of the promises was to secure and budget. f protect the property rights of Mexican f PRIVATE CALENDAR and Spanish citizens that have been granted land grants from Spanish and The SPEAKER pro tempore. This is RECESS Mexican Governments. Private Calendar day. The Clerk will The SPEAKER pro tempore (Mr. The U.S. violated these promises. call the bill on the Private Calendar. BALLENGER). Pursuant to clause 12 of The General Accounting Office is look- rule I, the Chair declares the House in f ing into this historic wrong, and I have recess until 2 p.m. NANCY B. WILSON introduced a bill to remedy the situa- Accordingly (at 12 o’clock and 48 tion and to correct these injustices. I minutes p.m.), the House stood in re- The Clerk called the bill (H.R. 392) urge my colleagues to help me in this cess until 2 p.m. for the relief of Nancy B. Wilson. effort. Please review my legislation Mr. COBLE. Mr. Speaker, I ask unan- f and take a good hard look at it. imous consent that the bill be passed b 1400 over without prejudice. f AFTER RECESS The SPEAKER pro tempore. Is there NO SPECIAL TREATMENT FOR objection to the request of the gen- JOHN WALKER LINDH The recess having expired, the House tleman from North Carolina? was called to order by the Speaker pro (Mr. COBLE asked and was given per- There was no objection. tempore (Mr. OTTER) at 2 p.m. mission to address the House for 1 The SPEAKER pro tempore. This minute and to revise and extend his re- f concludes the call of the Private Cal- marks.) PRAYER endar. Mr. COBLE. Mr. Speaker, much has The Chaplain, the Reverend Daniel P. f been said about John Walker Lindh, the 20-year-old Californian who joined Coughlin, offered the following prayer: MORE CRITICISMS OVER YUCCA Lord God, ever present to Your peo- forces with the Taliban. Some observ- MOUNTAIN: WHEN WILL THE DOE ple and closest to those in most need of ers have suggested that we cut him RESPOND? Your mercy, we commend to You this some slack since he is only 20 years of day the Members of the United States (Mr. GIBBONS asked and was given age. House of Representatives with all their permission to address the House for 1 There were 20-year-olds who showed prayerful concerns. minute and to revise and extend his re- up for work on 9/11 at the World Trade Last week both Republican and marks.) Center. Who cut them slack? There are Democratic Members set time aside to Mr. GIBBONS. Mr. Speaker, last 20-year-olds fighting in Afghanistan be on retreat, Lord. week the Nuclear Waste Technical Re- today, 20-year-old firefighters, 20-year- As they drew away from the daily view Board joined an ever-expanding old policemen, 20-year-old EMS per- routine to gain deeper perspective, list of independent experts who are sonnel who responded on 9/11. Who cut hopefully Your presence was made criticizing the science being touted by them slack? No. This young man known to them. the Department of Energy regarding should be prosecuted, and if convicted, As they examined issues facing this the Yucca Mountain Project. appropriate punishment should be Nation and they crafted plans for the In its report the board called the forthcoming. future, unexpectedly, Your provident DOE’s science ‘‘weak to moderate.’’ Our Attorney General said it more love lifted their hearts to greater serv- Board member and hydrologist Paul eloquently than I, but I paraphrase: ice to Your people. Craig added that ‘‘many of the DOE’s Simply because an accused is of tender As they became more aware of dif- assumptions regarding Yucca Moun- years, Mr. Speaker, he is worthy of no ferent opinions and the many possibili- tain are extreme and unrealistic.’’ special defense when he has committed ties open to achieve a common purpose, John Bartlett, former Director of criminal acts. No special treatment surprisingly Your spirit invited them DOE’s Office of Civilian Radioactive should be available to this young man to be respectful of others in every de- Waste Management, stated that ‘‘the or to others like him. bate, patient in listening, as well as documentation does not provide a f committed to finding solid resolve. sound foundation for the basis of a site May personal convictions always be recommendation.’’ CAROL WRIGHT refined when civility reigns. Moreover, the GAO has raised its own (Mr. MATHESON asked and was given May partisan formulations always concerns with the Yucca Mountain permission to address the House for 1 give way to what You require of this Project, stating that ‘‘making a site minute.) Nation. recommendation at this time would Mr. MATHESON. Mr. Speaker, with For You are the eternal guide and not be prudent or practical.’’ the Salt Lake City Winter Olympic strength for each Member personally Mr. Speaker, when will the DOE Games just a few days away, today the and for the House as a whole both now begin to answer the serious questions Olympic torch will pass through and forever. Amen. being raised about its failed science? Parowan, Utah.

VerDate 11-MAY-2000 03:32 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.028 pfrm04 PsN: H05PT1 H114 CONGRESSIONAL RECORD — HOUSE February 5, 2002 Parowan is the hometown of Alma Mr. DAVIS of Illinois. Mr. Speaker, the territories, the District of Colum- Richards, Utah’s first Olympic gold today is part of what is called Delta bia, and hundreds of local govern- medalist. When it passes through that Days, and although my wife is an ac- ments: all to produce a comprehensive southern Utah town, it will be held by tive, delightful AKA, if my colleagues and far-reaching plan for securing one of Parowan’s greatest daughters, have seen a group of ladies wearing red, America against terrorist attack. my great aunt, 93-year-old Carol they are Deltas, and I simply want to Next, America’s military—which has Wright. welcome them to the Nation’s Capital fought so boldly and decisively in Af- Aunt Carol has lived in Parowan her and commend them for their interest ghanistan—must be strengthened still whole life and is the second cousin of in public policy decisionmaking. They further, so it can act still more effec- Alma Richards, the 1912 gold medalist are indeed a wonderful group of ladies, tively to find, pursue, and destroy our in the high jump. She made a career in and we welcome them for Delta Days. enemies. The 2003 Budget requests the biggest increase in defense spending in the banking industry and today holds a f place of honor as the one selected to 20 years, to pay the cost of war and the run the torch to Alma Richards’ home. COMMUNICATION FROM THE price of transforming our Cold War The torch will stop at his home for 2 CLERK OF THE HOUSE military into a new 21st Century fight- ing force. minutes as the community holds a The SPEAKER pro tempore laid be- We have priorities at home as well— ceremony honoring Alma, Aunt Carol fore the House the following commu- restoring health to our economy above and the Olympic spirit. nication from the Clerk of the House of all. Our economy had begun to weaken Parowan is a small town. In small Representatives: towns everybody knows everybody. over a year before September 11th, but OFFICE OF THE CLERK, the terrorist attack dealt it another se- Aunt Carol was chosen to run the torch HOUSE OF REPRESENTATIVES, vere blow. This budget advances a bi- not only because of her relation to Washington, DC, February 4, 2002. partisan economic recovery plan that Utah’s first Olympic gold medalist, but Hon. J. DENNIS HASTERT, provides much more than greater un- also because she is well respected and, The Speaker, House of Representatives, Wash- ington, DC. employment benefits: it is a plan to indeed, beloved in her community. DEAR MR. SPEAKER: Pursuant to the per- speed the return of strong economic So I am proud of my aunt and proud mission granted in Clause 2(h) of Rule II of growth, to generate jobs, and to give of Parowan, the place where my Utah the Rules of the U.S. House of Representa- unemployed Americans the dignity and roots began, a city with a long tradi- tives, I have the honor to transmit a sealed security of a paycheck instead of an envelope received from the White House on tion of Olympic spirit, and I am very unemployment check. grateful for this honor. I ask that the February 4, 2002 at 12:52 p.m. and said to con- tain a message from the President whereby The plan also calls for maintaining Members of the House of Representa- low tax rates, freer trade, restraint in tives join me today in honoring Carol he submits his Budget of the United States Government for Fiscal Year 2003. government spending, regulatory and Wright and the city of Parowan as the With best wishes, I am tort reform, promoting a sound energy Olympic torch passes through that Sincerely, policy, and funding key priorities in city. JEFF TRANDAHL, education, health, and compassionate f Clerk of the House. social programs. It is a bold plan—and it is matched ECONOMIC STIMULUS f by a bold agenda for government re- (Mr. PITTS asked and was given per- FISCAL YEAR 2003 BUDGET OF THE form. From the beginning of my Ad- mission to address the House for 1 U.S. GOVERNMENT—MESSAGE ministration, I have called for better minute and to revise and extend his re- FROM THE PRESIDENT OF THE management of the federal govern- marks.) UNITED STATES (H. DOC. NO. 107– ment. Now, with all the new demands 159) Mr. PITTS. Mr. Speaker, it has been on our resources, better management is 10 months since this recession began, The SPEAKER pro tempore laid be- needed more sorely than ever. Just as and it has been nearly that long since fore the House the following message the No Child Left Behind Act of 2001 President Bush created a plan to boost from the President of the United asks each local school to measure the the American economy. The House of States; which was read and, together education of our children, we must Representatives passed that plan. It with the accompanying papers, without measure performance and demand re- was a good one. It would have put peo- objection, referred to the Committee sults in federal government programs. ple back to work, but there are two on Appropriations and ordered to be Where government programs are suc- halves to Congress, and the other half printed: ceeding, their efforts should be rein- did not like the plan, so we com- To the Congress of the United States: forced—and the 2003 Budget provides promised. Americans will never forget the mur- resources to do that. And when objec- We passed a new plan. This one was derous events of September 11, 2001. tive measures reveal that government reported to have the votes to pass both They are for us what Pearl harbor was programs are not succeeding, those Chambers, but the vote has not been to an earlier generation of Americans: programs should be reinvented, redi- allowed on the other side. a terrible wrong and a call to action. rected, or retired. By curtailing unsuccessful programs Mr. Speaker, hundreds of thousands With courage, unity, and purpose, we and moderating the growth of spending of Americans are out of work. Several met the challenges of 2001. The budget in the rest of government, we can well major employers have gone bankrupt. for 2003 recognizes the new realities afford to fight terrorism, take action Pension funds have shriveled up. The confronting our nation, and funds the to restore economic growth, and offer American people need an economic war against terrorism and the defense substantial increases in spending for stimulus package, and they need it of our homeland. now. improved performance at low-income The budget for 2003 is much more schools, key environmental programs, I do not know what more we can do than a tabulation of numbers. It is a health care, science and technology re- on this side of the Rotunda to make plan to fight a war we did not seek— search, and many other areas. that happen, and I think we are all get- but a war we are determined to win. we live in extraordinary times—but ting tired of waiting for the other side, In this war, our first priority must be America is an extraordinary country. and the American people are, too. the security of our homeland. My budg- Americans have risen to every chal- f et provides the resources to combat lenge they have faced in the past. terrorism at home, to protect our peo- DELTA DAYS Americans are rising again to the chal- ple, and preserve our constitutional lenges of today. And once again, we (Mr. DAVIS of Illinois asked and was freedoms. Our new Office of Homeland will prevail. given permission to address the House Security will coordinate the efforts of GEORGE W. BUSH. for 1 minute.) the federal government, the 50 states, February 4, 2002.

VerDate 11-MAY-2000 04:04 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.006 pfrm04 PsN: H05PT1 February 5, 2002 CONGRESSIONAL RECORD — HOUSE H115 b 1415 nomic security. Our strategy builds Representatives, and the Committee on Gov- ernmental Affairs of the Senate on an annual COMMUNICATION FROM THE upon the character of Americans: re- moving economic barriers to their suc- basis, by not later than the applicable date CLERK OF THE HOUSE specified in paragraph (2), information with cess, combining our workers and their respect to every contributor who, during the The SPEAKER pro tempore laid be- skills with new technologies, and cre- fore the House the following commu- year— ating an environment where entre- ‘‘(A) with respect to a Presidential archi- nication from the Clerk of the House of preneurs and businesses large and val depository of a President who currently Representatives. small can grow and create jobs. Our vi- holds the Office of President or for which the OFFICE OF THE CLERK, sion must extend beyond America, en- Archivist has not accepted, taken title to, or HOUSE OF REPRESENTATIVES, gaging other countries in the virtuous entered into an agreement to use any land or facility, gave the organization a contribu- Washington, DC, February 5, 2002. cycle of free trade, raising the poten- Hon. J. DENNIS HASTERT, tion or contributions (whether monetary or The Speaker, House of Representatives, Wash- tial for global growth, and securing the in-kind) totaling $200 or more for the year; ington, DC. gains from worldwide markets in goods or DEAR MR. SPEAKER: Pursuant to the per- and capital. We must ensure that this ‘‘(B) with respect to a Presidential archival mission granted in Clause 2(h) of Rule II of effort builds economic bonds that en- depository of a President who no longer the Rules of the U.S. House of Representa- compass every American. holds the Office of President and for which tives, I have the honor to transmit a sealed American faces a unique moment in the Archivist has accepted, taken title to, or entered into an agreement to use any land or envelope received from the White House on history: Our Nation is at war, our February 5, 2002 at 10:12 a.m. and said to con- facility, gave the organization a contribu- tain a message from the President whereby homeland was attacked, and our econ- tion or contributions (whether monetary or he submits the Economic Report of the omy is in recession. In meeting these in-kind) totaling $5000 or more for the year. President. great challenges, we must draw ‘‘(2) For purposes of paragraph (1), the ap- With best wishes, I am strength from the enduring power of plicable date— Sincerely, ‘‘(A) with respect to information required free markets and a free people. We under paragraph (1)(A), shall be January 31 JEFF TRANDAHL, must also look forward and work to- of each year; and Clerk of the House. ward a stronger economy that will but- ‘‘(B) with respect to information required f tress the United States against an un- under paragraph (1)(B), shall be May 31 of ECONOMIC REPORT OF THE PRESI- certain world and lift the fortunes of each year. others worldwide. ‘‘(3) As used in this subsection, the term DENT—MESSAGE FROM THE ‘information’ means the following: PRESIDENT OF THE UNITED GEORGE W. BUSH. ‘‘(A) The amount or value of each contribu- STATES (H. DOC. NO. 107–158) THE WHITE HOUSE, February 2002. tion made by a contributor referred to in The SPEAKER pro tempore laid be- f paragraph (1) in the year covered by the sub- mission. fore the House the following message ANNOUNCEMENT BY THE SPEAKER ‘‘(B) The source of each such contribution, from the President of the United PRO TEMPORE and the address of the entity or individual States; which was read and, together that is the source of the contribution. with the accompanying papers, without The SPEAKER pro tempore (Mr. ‘‘(C) If the source of such a contribution is objection, referred to the Joint Eco- OTTER). Pursuant to clause 8 of rule an individual, the occupation of the indi- XX, the Chair announces that he will vidual. nomic Committee and ordered to be ‘‘(D) The date of each such contribution. printed. postpone further proceedings today on motions to suspend the rules on which ‘‘(4) The Archivist shall make available to To the Congress of the United States: the public through the Internet (or a suc- a recorded vote or the yeas and nays cessor technology readily available to the Since the summer of 2000, economic are ordered, or on which the vote is ob- growth has been unacceptably slow. public) any information that is submitted in jected to under clause 6 of rule XX. accordance with paragraph (1). This past year the inherited trend of Any record votes on motions to sus- ‘‘(5)(A) It shall be unlawful for any person deteriorating growth was fed by events, pend the rules ordered prior to 6:30 p.m. who makes a contribution described in para- the most momentous of which was the will be taken today. Record votes on graph (1) to knowingly and willfully submit terrorist attacks of September 11, 2001. false material information or omit material remaining motions to suspend the rules information with respect to the contribution The painful upshot has been the first will be taken tomorrow. recession in a decade. This is cause for to an organization described in such para- f graph. compassion—and for action. ‘‘(B) The penalties described in section 1001 Our first priority was to help those PRESIDENTIAL LIBRARY of title 18, United States Code, shall apply Americans who were hurt most by the CONTRIBUTION DISCLOSURE ACT with respect to a violation of subparagraph recession and the attacks on Sep- (A) in the same manner as a violation de- tember 11. In the immediate aftermath Mr. HORN. Mr. Speaker, I move to scribed in such section. of the attacks, my Administration suspend the rules and pass the bill ‘‘(6)(A) It shall be unlawful for any organi- sought to stabilize our air transpor- (H.R. 577) to require any organization zation described in paragraph (1) to know- ingly and willfully submit false material in- tation system to keep Americans fly- that is established for the purpose of raising funds for the creation of a Pres- formation or omit material information ing. Working with the Congress, we under such paragraph. provided assistance and aid to the af- idential archival depository to disclose ‘‘(B) The penalties described in section 1001 fected areas in New York and Virginia. the sources and amounts of any funds of title 18, United States Code, shall apply We sought to provide a stronger safety raised, as amended. with respect to a violation of subparagraph net for displaced workers, and we will The Clerk read as follows: (A) in the same manner as a violation de- H.R. 577 scribed in such section. continue these efforts. Our economic ‘‘(7)(A) It shall be unlawful for a person to recovery plan must be based on cre- Be it enacted by the Senate and House of Rep- knowingly and willfully— ating jobs in the private sector. My Ad- resentatives of the United States of America in ‘‘(i) make a contribution described in para- ministration has urged the Congress to Congress assembled, graph (1) in the name of another person; accelerate tax relief for working Amer- SECTION 1. REQUIREMENT TO DISCLOSE ‘‘(ii) permit his or her name to be used to icans to speed economic growth and SOURCES AND AMOUNTS OF FUNDS effect a contribution described in paragraph RAISED FOR PRESIDENTIAL ARCHI- (1); or create jobs. VAL DEPOSITORY. ‘‘(iii) accept a contribution described in We are engaged in a war against ter- (a) IN GENERAL.—Section 2112 of title 44, paragraph (1) that is made by one person in rorism that places new demands on our United States Code, is amended by adding at the name of another person. economy, and we must seek out every the end the following new subsection: ‘‘(B) The penalties set forth in section opportunity to build an economic foun- ‘‘(h)(1) Any organization that is estab- 309(d) of the Federal Election Campaign Act dation that will support this challenge. lished for the purpose of raising funds for of 1971 (2 U.S.C. 437g(d)) shall apply to a vio- creating, maintaining, expanding, or con- I am confident that Americans have lation of subparagraph (A) in the same man- ducting activities at a Presidential archival ner as if such violation were a violation of proved they will rise to meet this chal- depository or any facilities relating to a section 316(b)(3) of such Act. lenge. Presidential archival depository, shall sub- ‘‘(8) The Archivist shall promulgate regula- We must have an agenda not only for mit to the Administration, the Committee tions for the purpose of carrying out this physical security, but also for eco- on Governmental Reform of the House of subsection.’’.

VerDate 11-MAY-2000 04:04 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.008 pfrm04 PsN: H05PT1 H116 CONGRESSIONAL RECORD — HOUSE February 5, 2002 (b) APPLICABILITY.—Section 2112(h) of title well-meaning, public-spirited people. I also want to thank the gentleman 44, United States Code (as added by sub- They believe that these libraries are a from California (Mr. HORN), who is one section (a))— positive contribution to society. They of the unsung heroes of the Committee (1) shall apply to an organization estab- lished for the purpose of raising funds for are right. However, there are also those on Government Reform. He works creating, maintaining, expanding, or con- who make contributions for less public probably as hard or harder than any- ducting activities at a Presidential archival spirited reasons: to gain access and in- body on the committee. He shepherded depository or any facilities relating to a fluence. That is why we need public this bill through the subcommittee and Presidential archival depository before, on, disclosure. We have laws requiring pub- full committee, and I appreciate all the or after the date of the enactment of this lic disclosure of political contribu- hard work he has been doing for us. We Act; and tions. For the same reason, contribu- will miss him when he leaves next (2) shall only apply with respect to con- tions to Presidential libraries should tributions (whether monetary or in-kind) year. He has been a great chairman. made after the date of the enactment of this be disclosed. Mr. Speaker, our Presidential librar- Act. H.R. 577 would not prohibit or limit ies are a valuable part of our society. contributions to Presidential library The SPEAKER pro tempore. Pursu- They are monuments to our Presi- foundations. This bill simply requires ant to the rule, the gentleman from dents. They are places where young disclosure. It would require Presi- California (Mr. HORN) and the gen- people can go to learn about history. dential library foundations to disclose tleman from California (Mr. WAXMAN) They are places where scholars do seri- to Congress and the National Archives ous research. We should be proud of each will control 20 minutes. the amount, source, and date of the The Chair recognizes the gentleman each and every one of them. contributions they receive. The Na- from California (Mr. HORN). However, Presidential libraries cost a tional Archives would be required to GENERAL LEAVE lot of money, and that money has to be make the information publicly avail- raised from private sources. We all Mr. HORN. Mr. Speaker, I ask unani- able over the Internet. mous consent that all Members may know that when money and politics While a President is in office, or until cross paths there is always the poten- have 5 legislative days within which to his library is turned over to the Na- revise and extend their remarks on tial for mischief, and that is why I tional Archives, the foundation would think public disclosure is so important H.R. 577, the bill under consideration. be required to disclose contributions The SPEAKER pro tempore. Is there and why I support this bill. When there totaling $200 or more. After a President is secrecy in government, people have objection to the request of the gen- leaves office and the archivist has ac- tleman from California? doubts; and when there is openness in cepted title to the facility, the founda- government, people have confidence in There was no objection. tion would be required to disclose con- Mr. HORN. Mr. Speaker, I yield my- their government. tributions totaling $5,000 or more. The vast majority of people who give self such time as I may consume. This bill would make it illegal for ei- Presidential libraries are a valuable money to Presidential libraries do it ther a contributor or a foundation to resource for historians, faculty profes- for the right reasons: they admire the submit false information about a con- President; they want to make a con- sors, and the public. Over the years, tribution. It would also be unlawful for Presidential libraries have evolved into tribution to his legacy; they want to a person to make a contribution in the see history preserved. And they should elaborate institutions. They house the name of another. The bill would apply be proud of their contributions. But official papers of a former President. to all Presidential library foundations. there is always going to be those who They have museums. They have con- But disclosure would only have to be make contributions for other reasons: ference facilities and classrooms. made for contributions received after to gain access to the President and The cost of building and maintaining enactment of the legislation. these facilities can be substantial. The A hearing was held on the bill of the staff; to gain influence. And that is why we need public disclosure. George Bush Library, located at Texas gentleman from Tennessee (Mr. DUN- Right now, you can contribute $1 A&M University, cost $22 million from CAN) last April, before the Sub- million to a Presidential library while citizens and foundations. Former Presi- committee on Government Efficiency, dent Clinton’s library foundation is at- Financial Management and Intergov- the President is in office and nobody tempting to raise $200 million to cover ernmental Relations, which I chair. would know about it. That is not good the cost of his library complex. The subcommittee heard from a num- for our democracy, and it is not good To establish a Presidential library, ber of witnesses, including election law for the reputations of Presidential li- representatives of a sitting President experts who supported full disclosure of braries. That is why we need this legis- can set up a private foundation to re- contributions to Presidential libraries. lation. ceive contributions, obtain a site, and They likened fund-raising for Presi- We have tried not to make this bill build a facility. After it is built, the dential libraries to fund-raising for po- overly burdensome. While a President structure is deeded over to the Federal litical campaigns. is in office, contributions over $200 Government, along with an operating Last May, the bill was approved have to be disclosed. That matches fund, in some cases, and is run by the unanimously by the Committee on campaign finance law. Once a Presi- National Archives. Government Reform. I hope it will re- dent is out of office and once the li- Through their private foundations, ceive the strong bipartisan support it brary has been turned over to the ar- Presidents and their associates are free deserves on the floor today. chives, only contributions over $5,000 to raise unlimited amounts of money Mr. Speaker, I yield 3 minutes to the have to be reported. Those contribu- for their libraries. There are no limits gentleman from Indiana (Mr. BURTON), tions already have to be reported every on contributions. There is no public the chairman of the Committee on year to the IRS, so the foundations al- disclosure. This secretive fund-raising Government Reform. ready have to keep that information; process can become an invitation for Mr. BURTON of Indiana. I thank the and we are not asking them to create abuse or accusations of influence ped- gentleman for yielding me this time, any more work for themselves. dling. and I hope we are not infringing on the I am sure that everyone remembers H.R. 577, introduced by our distin- minority’s time by going ahead. the controversy over President Clin- guished colleague, the gentleman from Mr. Speaker, I rise in strong support ton’s pardon last year. He pardoned a Tennessee (Mr. DUNCAN), would change of this bill, and I want to thank the man named Marc Rich, who was an that. It would make the fund-raising gentleman from Tennessee (Mr. DUN- international fugitive. Marc Rich’s process for Presidential libraries trans- CAN) for his hard work on this legisla- wife gave $450,000 to President Clin- parent and open to public scrutiny. It tion. He has worked on it for a long ton’s library foundation. Nobody knew would amend the Presidential Libraries time, hit a few bumps in the road, but it at the time. So this is a perfect ex- Act to require the disclosure of the it is a good bill and it should pass. I ample of why we need public disclo- sources and amounts of funds raised for want to personally thank him for being sure. the Presidential libraries. a new and more valuable member of But let us be fair. This is not a Dem- The vast majority of individuals who our committee. He has worked very ocrat problem, and it is not a Repub- contribute to Presidential libraries are hard with us. lican problem. This system we have is

VerDate 11-MAY-2000 04:02 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A05FE7.005 pfrm04 PsN: H05PT1 February 5, 2002 CONGRESSIONAL RECORD — HOUSE H117 an invitation to abuse no matter what Subcommittee on Government Effi- them is the funding of Presidential li- party you are from or who occupies the ciency, Financial Management and braries.’’ White House. Having unlimited con- Intergovernmental Relations and in Scott Harshbarger, president of Com- tributions in complete secrecy is a rec- the Committee on Government Reform. mon Cause, said, ‘‘Presidents should ipe for scandal, and we are doing the The gentleman has been an out- not be in the business of raising funds right thing by addressing it today. standing Member of this body for many for their libraries while in office. Gifts Let me close by repeating what I said years. I thank the gentleman from In- to the library can be a powerful means in the beginning. We should be proud of diana (Mr. BURTON) for his support and to secure access and influence at the our Presidential libraries. They should the gentleman from California (Mr. White House, especially with a Presi- be places of honor. We wanted people to WAXMAN), the ranking member, for his dent eager to burnish his legacy.’’ contribute to them and be proud of support of this legislation. Kenneth Gross, who is an attorney their contributions. We do not want I rise to urge support for the Presi- who is a specialist in this type of fund- our Presidential libraries to be tainted dential library contribution disclosure raising, said, ‘‘The bill will prevent do- by accusations of influence peddling or bill that I first introduced in the last nors from sidestepping disclosure by frauds. Public disclosure is the right Congress. I believe this is common- agreeing, pledging or promising, while thing to do; and, therefore, I urge all of sense legislation. It simply requires the President remains in office, to my colleagues to support this bill. disclosure, public disclosure, of dona- make contributions to a Presidential Mr. WAXMAN. Mr. Speaker, I yield tions and donors to Presidential librar- library after the term has expired.’’ myself such time as I may consume. ies. Mr. Speaker, I think this is good leg- I rise in support of H.R. 577. This bill I first introduced this bill in 1999, islation. I think it is legislation that began with the principle that all con- many months before anyone heard of almost all of our colleagues can and tributions to foundations that support Marc Rich or the Presidential pardons should support. As I said, it just sheds Presidential libraries should be made that the gentleman mentioned a few lights on an otherwise secretive proc- public. That is a principle that I minutes ago. I introduced this bill be- ess, and I urge support for H.R. 577. Mr. WAXMAN. Mr. Speaker, I reserve strongly support. cause I felt the public should be made the balance of my time. aware of possible conflicts of interest b 1430 Mr. HORN. Mr. Speaker, I yield 2 the sitting Presidents could have while minutes to the gentleman from Con- Mr. Speaker, this bill is a bipartisan raising funds for their libraries. In necticut (Mr. SHAYS), a key member of product. The gentleman from Indiana most cases we do not know who these (Mr. BURTON) and the gentleman from the Committee on Government Reform. donors are or what interests they may Mr. SHAYS. Mr. Speaker, I rise in California (Mr. HORN) have worked have on any pending policy decisions. with us to produce a bill both sides can strong support of H.R. 577. I wish I was This bill will shed light on an other- a cosponsor of the bill. I commend the support. The gentlewoman from Illi- wise secretive process. With disclosure, gentleman from Tennessee (Mr. DUN- nois (Ms. SCHAKOWSKY), the ranking the public is able to draw its own con- CAN) and my colleagues on the other member of the subcommittee, made an clusions about whether conflicts of in- side of the aisle for working to pass especially valuable contribution. The terest are present. Without it, the ap- this legislation. gentlewoman’s amendment lowered the pearance of impropriety could often Presidential libraries date back to threshold for reporting to $200 during exist. the Rutherford B. Hayes Memorial Li- the years of active fund-raising. This bill is not aimed at any one brary’s completion in Fremont, Ohio, Unfortunately, this bill does not in- President in particular. This is a prob- in 1914, and since that time have be- clude a provision that would apply lem that can be faced by Democrat and come an important part of our national these principles of disclosure to foun- Republican Presidents alike. This bill heritage and history. Their value to dations in the names of Members of does not prohibit or limit contribu- students, historians and visitors from Congress. Such an amendment was con- tions to these organizations. It simply all over America and the world is tre- sidered and adopted in committee. requires disclosure of the name of the mendous. However, it was dropped from the donor and the amount donated. Since the completion of the Hayes li- version that we are considering today. Mr. Speaker, no one should be brary, the size, popularity and cost of The gentleman from Indiana (Mr. BUR- against this bill unless for some reason Presidential libraries has increased ex- TON) has agreed to work with us to de- they want to keep this process secret. ponentially. Libraries have evolved velop that concept as stand alone legis- I also want to say that I understand into elaborate centers that, in addition lation, and I look forward to bringing the concerns of those who say it is im- to housing the official papers and it to the floor later this year. possible to influence a deceased Presi- records of former Presidents, often in- We live in an era where large cor- dent, and I agree. We may be able to clude museums, conference facilities porations and wealthy individuals use address this concern and the concern and classrooms. As a result, the need money to gain access to policymakers. that the gentleman from California for donations for their creation and That access can easily turn into influ- (Mr. WAXMAN) mentioned later on. maintenance has increased, but disclo- ence, and the process of developing As others have mentioned, these sure of these donations has not. public policy can become distorted. To- Presidential libraries serve a good and In my judgment, the more informa- day’s bill is a step forward in curbing noble purpose in our Nation. However, tion the public has, particularly of sit- these trends. H.R. 577 provides the pub- they should not serve as a way for ting Presidents, the better. Under this lic the information it needs to judge Presidential foundations to peddle in- bill, a sitting President would be re- the behavior of those it elects. I urge fluence to the highest bidder. quired to disclose library contributions my colleagues to support this bill. Mr. Speaker, the organization of $200 or more annually to Congress Mr. Speaker, I reserve the balance of Vote.com ran a poll and received al- and to the National Archives. In addi- my time. most 26,000 votes over the Internet, and tion, under the bill, once a President Mr. HORN. Mr. Speaker, I yield 5 94 percent of those 26,000 who voted on has left office, library contributions of minutes to the gentleman from Ten- this issue voted for it in a poll that $5,000 or more must be reported. Just nessee (Mr. DUNCAN), the author of this ended September 13, 2001. Ninety-four as we need to know who is giving cam- very fine piece of legislation. percent supported this bill. Larry paign contributions to politicians, so, Mr. DUNCAN. Mr. Speaker, I thank Noble, executive director of the Center too, the public needs to know who is the gentleman from California (Mr. for Responsive Politics, at our hearing contributing to sitting Presidents. HORN) for yielding me this time, and that we held on this bill in the sub- Our hearings on Marc Rich last year, for the gentleman’s very strong sup- committee said, ‘‘The potential for real which were bipartisan, obviously point- port of this legislation. As the gen- and apparent corruption that this fund- ed out the need to carry forward with tleman from Indiana (Mr. BURTON) raising brings is obvious. The public, this bill. It gave us the added impetus mentioned, the gentleman from Cali- however, is still in the dark with re- to move forward, and I thank Members fornia (Mr. HORN) has shepherded this gard to several back-door ways of buy- on both sides of the aisle for supporting through the legislative process in the ing influence in Washington. One of it.

VerDate 11-MAY-2000 04:02 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.012 pfrm04 PsN: H05PT1 H118 CONGRESSIONAL RECORD — HOUSE February 5, 2002 Mr. WAXMAN. Mr. Speaker, I reserve those donations to Presidential librar- congressional campaigns and it is a valuable the balance of my time. ies. All foundation donations, all dona- component of the legislation we are debating Mr. HORN. Mr. Speaker, I yield 4 tions similar to campaign contribu- today. The bill provides that once the National minutes to the gentleman from Cali- tions, should be disclosed because the Archives and Records Administration assumes fornia (Mr. OSE), a very able chairman giver may hope to gain some influence. the responsibility for the presidential library in of the Subcommittee on Efficiency, Fi- All donations ought to be on the table, question, the threshold for such disclosure nancial Management, and Intergovern- ought to be publicly disclosed. would be raised to $5,000. mental Relations. Mr. Speaker, I join my colleagues Again, Mr. Speaker, I support the goals of Mr. OSE. Mr. Speaker, I thank the today in supporting the bill that is be- H.R. 577 but believe the Congress needs to gentleman for yielding me this time. fore us. I hope later in the year we will go further. I hope that this year, my colleagues Mr. Speaker, I rise in support of H.R. be able to carry the other bill to the on both sides of the aisle will support stand- 577, a bill to require the annual disclo- House floor so we will follow in the alone legislation I plan to introduce that will sure of the sources and amount of path that is being set in this legisla- impose funding disclosure requirements on funds raised to create, maintain or ex- tion, that the public has the right to congressional foundations. pand a Presidential library. In addi- know who is funding what when it I urge all members to vote in support of tion, the bill requires the National Ar- comes to anything to do with politics. H.R. 577 and look forward to working with my chives and Records Administration, I think that is the way to assure the colleagues on related issues in the time to known as NARA, to post this informa- American people that they have all in- come. tion on the Internet. The transparency formation and the American people b 1445 provisions in this good government bill will make of it what they will. should help ensure that donors are not Mr. HORN. Mr. Speaker, I yield such Mr. WAXMAN. Mr. Speaker, I have afforded an unfair advantage in the time as he may consume to the gen- no further requests for time, and I policymaking process or other govern- tleman from Tennessee (Mr. DUNCAN) yield back the balance of my time. mental benefits. to thank the staff who worked on this Mr. HORN. Mr. Speaker, I urge the On March 15, 2001, I introduced a legislation. adoption of this measure. companion bill, H.R. 1081, Account- Mr. DUNCAN. Mr. Speaker, I rise Mr. Speaker, I have no further re- ability for Presidential Gifts Act. Its today to thank Bert Robinson of my quests for time, and I yield back the prime objective is to establish respon- staff, who has done an outstanding job balance of my time. sibility in one agency, NARA, for the on this bill. He has been working on it The SPEAKER pro tempore (Mr. receipt, valuation and disposition of for many, many months. I also want to OTTER). The question is on the motion Presidential gifts. It, too, seeks to en- thank those on the committee staff offered by the gentleman from Cali- sure that there is no unfair advantage who have helped us with this legisla- fornia (Mr. HORN) that the House sus- to donors in the policymaking process tion, Jim Wilson, Kevin Binger, David pend the rules and pass the bill, H.R. or in the receipt of other governmental Kass, Randy Kaplan, and Russell 577, as amended. benefits. George; and Michelle Ash and David The question was taken. Common Cause president Scott McMillen from the minority staff. All The SPEAKER pro tempore. In the Harshbarger and Dr. Paul Light, direc- have been very, very helpful on this opinion of the Chair, two-thirds of tor, Center for Public Service of the legislation, and I thank them at this those present have voted in the affirm- Brookings Institution, testified in time. ative. favor of the disclosure provisions of Ms. SCHAKOWSKY. Mr. Speaker, I rise in Mr. HORN. Mr. Speaker, on that I de- H.R. 577 at the April 5 hearing of the support of H.R. 577, a bill to Require Disclo- mand the yeas and nays. Committee of Government Reform, sure of the funding sources for Presidential Li- The yeas and nays were ordered. Subcommittee on Government Effi- braries. I want to congratulate and thank the The SPEAKER pro tempore. Pursu- ciency, Financial Management and author of this measure, the Chairman of the ant to clause 8 of rule XX and the Intergovernmental Relations. Government Reform Committee, the Chairman Chair’s prior announcement, further Mr. Speaker, I agree with these good of the Government Efficiency Subcommittee, proceedings on this motion will be government advocates, and I applaud and our ranking member, the gentleman from postponed. the initiative of the gentleman from California for his efforts to improve this legisla- f Tennessee (Mr. DUNCAN) in pursuing tion. The improvements that were made to this MOURNING THE PASSING OF this important change in law. bill prior to floor consideration are due in large WAUKEGAN MAYOR DAN DREW Mr. WAXMAN. Mr. Speaker, I yield part to his efforts and he should be com- myself such time as I may consume. mended. (Mr. KIRK asked and was given per- Mr. Speaker, I underscore my sup- While I rise in support of this measure mission to address the House for 1 port for this legislation because I be- today, I do not believe this bill goes far minute.) lieve there ought to be full reporting enough. I am disappointed that one of the Mr. KIRK. Mr. Speaker, I rise today by those who give donations, whether amendments I offered in the Government Re- to mark the life of Dan Drew, our it is to campaigns or even to libraries. form Committee and which was included in mayor of Waukegan, Illinois. Dan died We need disclosure because some may the Committee-passed bill, is not a part of the of a heart attack, and he was only 53 have political hope that in exchange measure we are debating today. The provision years old. for their contribution or gift, they may would have made congressional foundations Last year, Dan ran for mayor. It was receive some influence. disclose funding sources as well. I offered that a hotly fought contest. He won by the That is why I strongly support, and provision because I believe that members of slimmest of margins, six votes. He took hope my colleagues who are going to Congress should be at least as accountable to over a city beset with problems, envi- support this bill will join me in sup- the public as we expect the President to be. ronmental cleanups, the loss of key in- porting, similar legislation regarding Congressional foundations and the members dustries, a crisis of confidence in the Members of Congress, when they set up that run them should make public the sources city administration. But Dan proved he foundations or libraries or other at- of major funding they receive to prevent any was the right leader for these chal- tributes to themselves and receive con- accusations of undue influence on the legisla- lenges. He brought confidence, commit- tributions from outside sources. They tive process. ment, and boundless energy as mayor. also should be required to report dona- H.R. 577 requires the disclosure of the Despite his narrow victory, he became tions. At one point we had such report- sources and amounts of donations made to a mayor of all of Waukegan and showed ing in this legislation, but we did not foundations raising money to build and main- us that the city faced better days want to in any way endanger this piece tain presidential libraries. I am pleased that ahead. of legislation because it is a good bill. the measure we are debating includes an I worked with Dan only a short time. It is the right thing to do to pass this amendment of mine that passed in Committee After one city meeting I said that all I bill. But I hope to get full disclosure of to reduce the disclosure requirement for dona- needed from his office was a mayor those donations to Members of Con- tions to $200 or more. That is the same level ready to quickly sign any Federal gress, just as we want full disclosure of of the requirement that currently exists for grant application that could benefit

VerDate 11-MAY-2000 04:21 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.015 pfrm04 PsN: H05PT1 February 5, 2002 CONGRESSIONAL RECORD — HOUSE H119 Waukegan. He replied, ‘‘My pen is S. 970, introduced by the distin- to a former Postmaster General and advo- ready.’’ I can count at least seven guished Senator from Maine, SUSAN cate of national unity during one of our Na- major projects we were working on for COLLINS, designates the facility of the tion’s most trying times. Horatio King was born on his family farm the city of Waukegan. United States Postal Service located at in Paris Hill, Maine, in 1811. His family had Mayor Drew’s sudden death shocked 39 Tremont Street in Paris Hill, Maine, fought for freedom against the British. Hora- us all. It was only after he passed away as the ‘‘Horatio King Post Office Build- tio had a deep sense of commitment to his that I learned about his long struggle ing.’’ community, first serving as the editor and with diabetes. Tall, skinny, and with a Mr. Speaker, Horatio King was a owner of a local paper in Paris, Maine. quick smile, Dan looked the picture of former Postmaster General of the In 1839, Horatio King began his career in health as he led Waukegan down Sheri- United States and a native of Paris, the United States Postal Service. In 1861, President Buchanan named him Postmaster dan Road in the Fourth of July parade. Maine. Mr. King’s long career with the General of the United States. His fellow Bears season ticket holders postal service began in 1839. In 1850, he Mr. King maintained a deep interest in pol- sent a wreath to his wake that said, became affiliated with the foreign mail itics throughout his life. He was a contem- ‘‘Good-bye, Slim.’’ service and was instrumental in its de- porary and close friend of Hannibal Hamlin, Dan’s family will bury him today in velopment. In 1854, Mr. King was ap- who served as President Lincoln’s Vice a sad funeral. The crowd at last night’s President in his first administration. pointed First Assistant Postmaster Horatio himself became an ardent advo- wake stretched around the church General. And in 1861, he was appointed cate of national unity. Although a Demo- many times. We will sorely miss Dan’s the 22nd Postmaster General of the crat, he supported Abraham Lincoln because smile and humor. He became Wau- United States by President Buchanan. of the candidate’s conviction that the Repub- kegan’s brightest political star. All of In 1863, President Lincoln appointed lic must be saved. Mr. King continued at his us, his fellow Democrats, we Repub- Mr. King, a Democrat who was loyal to post under President Lincoln for a short pe- licans, white, African Americans, His- the Union, to the commission respon- riod of time. Although he could not serve in panics, young and old, will miss him. sible for implementing the Emanci- a military capacity during the Civil War, his son did join the Army and received a Medal Dan Drew was the right man for the pation Proclamation in Washington, of Honor for his service. right job who left us at the wrong time. D.C. Mr. Speaker, I urge my colleagues to sup- On behalf of Congress, I want to ex- In addition to his public service, Mr. port S. 970 as an appropriate tribute to Hora- press my sorrow to his wife and family King lectured and hosted literary tio King for his many dedicated years of and the people of Waukegan. Our mis- events at his Washington home and service to the United States Postal Service sion now is to pick up from his vision published numerous magazine articles. and for the patriotism he exhibited through- out his adult life. for the city as we see it through as Dan Today, his birthplace is preserved as would have wished. the King’s Hill Inn in Paris, Maine. I note again, Mr. Speaker, that this is the statement of the gentleman from f Mr. Speaker, I urge adoption of S. 970. Maine (Mr. BALDACCI). HORATIO KING POST OFFICE Mr. Speaker, I reserve the balance of Mr. BALDACCI. Mr. Speaker, I strongly sup- BUILDING my time. port passage of S. 970, legislation to des- Mr. HORN. Mr. Speaker, I move to Mr. DAVIS of Illinois. Mr. Speaker, I ignate the Paris Hill, Maine, Post Office as the suspend the rules and pass the Senate yield myself such time as I may con- Horatio King Post Office Building. This bill is a bill (S. 970) to designate the facility of sume. fitting tribute to a former Postmaster General the United States Postal Service lo- Mr. Speaker, as a member of the and advocate of national unity during one of cated at 39 Tremont Street, Paris Hill, Committee on Government Reform, I our nation’s most trying times. Horatio King was born on his family farm in Maine, as the ‘‘Horatio King Post Of- am pleased to join with the gentleman Paris Hill, Maine in 1811. His family had fice Building’’. from California (Mr. HORN) in consider- fought for freedom against the British. Horatio The Clerk read as follows: ation of S. 970, legislation naming a had a deep sense of commitment to his com- S. 970 postal facility in Paris Hill, Maine, munity, first serving as the editor and owner of after Horatio King. S. 970 was intro- Be it enacted by the Senate and House of Rep- a local paper in Paris, Maine. resentatives of the United States of America in duced by Senator SUSAN COLLINS on In 1839, Horatio King began his career in Congress assembled, May 25, 2001. the United States Postal Service. In 1861, SECTION 1. HORATIO KING POST OFFICE BUILD- The Honorable Horatio King, a ING. President Buchanan named him Postmaster former newspaper publisher and postal General of the United States. (a) DESIGNATION.—The facility of the employee, began his career with the United States Postal Service located at 39 Mr. King maintained a deep interest in poli- Tremont Street, Paris Hill, Maine, shall be postal service in 1839. In 1854, he was tics throughout his life. He was a contem- known as the ‘‘Horatio King Post Office appointed assistant Postmaster Gen- porary and close friend of Hannibal Hamlin, Building’’. eral, a post he held until becoming who served as President Lincoln’s Vice Presi- (b) REFERENCES.—Any reference in a law, Postmaster General in 1861. Two years dent in his first administration. map, regulation, document, paper, or other later, President Lincoln named Mr. Horatio himself became an ardent advocate record of the United States to the facility re- King to a commission charged with of national unity. Although a Democrat, he ferred to in subsection (a) shall be deemed to carrying out the Emancipation Procla- supported Abraham Lincoln because of the be a reference to the Horatio King Post Of- mation in the District of Columbia. fice Building. candidate’s conviction that the Republic must A man of letters, Horatio King was be saved. Mr. King continued at his post The SPEAKER pro tempore. Pursu- noted for hosting intimate literary eve- under President Lincoln for a short period of ant to the rule, the gentleman from nings in Washington, D.C. time. Although he could not serve in a military California (Mr. HORN) and the gen- Mr. Speaker, today the birthplace of capacity during the Civil War, his son did join tleman from Illinois (Mr. DAVIS) each Horatio King is well preserved as the the army, and received a Medal of Honor for will control 20 minutes. King’s Hill Inn. It is indeed most ap- his service. The Chair recognizes the gentleman propriate that Congress recognize Ho- Mr. Speaker, I urge my colleagues to sup- from California (Mr. HORN). ratio King’s contributions to our coun- port S. 970 as an appropriate tribute to Hora- GENERAL LEAVE try and the postal service by naming a tio King for his many dedicated years of serv- Mr. HORN. Mr. Speaker, I ask unani- postal facility in the town of his birth. ice to the Untied States Postal Service and for mous consent that all Members may I urge the swift passage of this bill and the patriotism he exhibited throughout his have 5 legislative days in which to re- note that the gentleman from Maine adult life. vise and extend their remarks on the (Mr. BALDACCI) wishes to support our Mr. DAVIS of Illinois. Mr. Speaker, I bill under consideration. efforts by submitting a statement in have no further requests for time, and The SPEAKER pro tempore. Is there the CONGRESSIONAL RECORD which I I yield back the balance of my time. objection to the request of the gen- will read: Mr. HORN. Mr. Speaker, I urge the tleman from California? Mr. Speaker, I strongly support passage of adoption of S. 970. There was no objection. S. 970, legislation to designate the Paris Hill, Mr. Speaker, I have no further re- Mr. HORN. Mr. Speaker, I yield my- Maine, post office as the Horatio King Post quests for time, and I yield back the self such time as I may consume. Office Building. This bill is a fitting tribute balance of my time.

VerDate 11-MAY-2000 04:02 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.017 pfrm04 PsN: H05PT1 H120 CONGRESSIONAL RECORD — HOUSE February 5, 2002 The SPEAKER pro tempore. The elected to the Nevada State Assembly try, the United States of America, question is on the motion offered by in 1966 and is currently the longest- through his years of dedicated service. the gentleman from California (Mr. serving member of the State Assembly By naming the post office at 811 HORN) that the House suspend the rules in Nevada history. Mr. Dini has served South Main Street in Yerington, Ne- and pass the Senate bill, S. 970. Nevada as speaker pro tempore, major- vada, for Joseph E. Dini, Jr., we will The question was taken. ity leader, and speaker of the State As- not only be honoring a man, but also The SPEAKER pro tempore. In the sembly. During his tenure, Mr. Dini be- we will be honoring a building, a build- opinion of the Chair, two-thirds of came the legislature’s leading author- ing that serves the citizens each and those present have voted in the affirm- ity on Western water issues. every day. I would urge swift passage ative. In addition, Mr. Dini is an active par- of this bill. Mr. HORN. Mr. Speaker, on that I de- ticipant in many community service Mr. Speaker, I reserve the balance of mand the yeas and nays. organizations throughout Nevada. my time. The yeas and nays were ordered. Mr. Speaker, I urge adoption of S. Mr. HORN. Madam Speaker, I yield 3 The SPEAKER pro tempore. Pursu- 737. minutes to the gentleman from Nevada ant to clause 8 of rule XX and the Mr. Speaker, I reserve the balance of (Mr. GIBBONS). Mr. GIBBONS. Madam Speaker, I Chair’s prior announcement, further my time. also would like to thank my colleagues proceedings on this motion will be b 1500 who have allowed me time to speak on postponed. Mr. DAVIS of Illinois. Mr. Speaker, I this very important bill. It brings me a f yield myself such time as I may con- great deal of pleasure to offer my full JOSEPH E. DINI, JR. POST OFFICE sume. support of this legislation here that is Mr. Speaker, as a member of the before us today, S. 737. Mr. HORN. Mr. Speaker, I move to Committee on Government Reform, I As you know, this legislation, as has suspend the rules and pass the Senate am again pleased to join with my col- been described, will designate a facility bill (S. 737) to designate the facility of league, the gentleman from California of the United States Postal Service lo- the United States Postal Service lo- (Mr. HORN), in consideration of S. 737, a cated in Yerington, Nevada, as the Jo- cated at 811 South Main Street in bill which designates the post office in seph E. Dini, Jr., Post Office. Yerington, Nevada, as the ‘‘Joseph E. Yerington, Nevada, after Joseph E. Madam Speaker, it was my great Dini, Jr. Post Office’’. Dini, Jr. S. 737 was introduced on April honor and great privilege to work with The Clerk read as follows: Speaker Dini when we served together 6, 2001, by Senator HARRY REID of Ne- S. 737 vada. in the Nevada State Legislature. As a Be it enacted by the Senate and House of Rep- Born on March 28, 1929, in Yerington, freshman legislator, I can speak from resentatives of the United States of America in Nevada, Joseph Dini was educated in experience and fact that very early in Congress assembled, the Yerington public schools and at the my political career, Speaker Dini SECTION 1. JOSEPH E. DINI, JR. POST OFFICE. University of Nevada. He went on to taught me some very valuable lessons (a) DESIGNATION.—The facility of the represent his hometown of Yerington about the passage of legislation, about United States Postal Service located at 811 well in the Nevada Assembly, where he bipartisanship and all the things that South Main Street in Yerington, Nevada, are important to doing a job as a public shall be known and designated as the ‘‘Jo- amassed several impressive records. Not only did he serve the longest of servant in a legislative body. seph E. Dini, Jr. Post Office’’. I can remember how well Speaker any member in the Nevada Assembly, (b) REFERENCES.—Any reference in a law, Dini worked with those from both sides map, regulation, document, paper, or other from 1967 to 2001, but also he served as of the aisle, focusing more on the legis- record of the United States to the facility re- speaker of the Assembly more sessions lative accomplishments than on one’s ferred to in subsection (a) shall be deemed to than anyone else in Nevada history. be a reference to the Joseph E. Dini, Jr. Post personality or partisanship. For an unparalleled eight times he was Still to this day, after serving in our Office. elected speaker by his Assembly peers. The SPEAKER pro tempore. Pursu- State legislature since 1967, Speaker In 2001, Joe Dini became the speaker Dini maintains his ability to put peo- ant to the rule, the gentleman from emeritus. California (Mr. HORN) and the gen- ple before politics. Mr. Dini certainly Joe Dini devoted much time to nu- is a natural leader. He has achieved one tleman from Illinois (Mr. DAVIS) each merous community service organiza- will control 20 minutes. success after another, as you heard my tions, including the Yerington Rotary colleague the gentleman from Illinois The Chair recognizes the gentleman Club, the Yerington Volunteer Fire De- from California (Mr. HORN). (Mr. DAVIS) say, and he has avoided the partment, the Nevada American Revo- political grandstanding that tends to GENERAL LEAVE lution Bicentennial Commission, the stymie the legislative process. Mr. HORN. Mr. Speaker, I ask unani- Yerington Lions Club, the Yerington Madam Speaker, Speaker Dini has mous consent that all Members may Rotary Club, among other organiza- not only served his constituents in the have 5 legislative days in which to re- tions. Nevada Assembly, district 38, with dis- vise and extend their remarks on the The awards that Mr. Dini has earned tinction and class, but he has served bill under consideration. are quite impressive and numerous. Let and continues to serve the entire State The SPEAKER pro tempore. Is there me just mention a few. He was des- of Nevada in the same fashion. objection to the request of the gen- ignated as the Outstanding Senior Ad- Madam Speaker, I would ask all my tleman from California? vocate by the Governor’s Conference on colleagues to join me today in hon- There was no objection. Aging, the Citizen of the Year by the oring one of our country’s, and, yes, Mr. HORN. Mr. Speaker, I yield my- Nevada Judges Association, and Man of Nevada’s, finest public servants by sup- self such time as I may consume. the Year by the Yerington Kiwanis porting Senate bill 737. Mr. Speaker, S. 737 was introduced by Club. He received the Outstanding Cit- Mr. DAVIS of Illinois. Madam Speak- the distinguished Senator from Ne- izen Award by the Nevada Education er, I yield such time as she may con- vada, HARRY REID. This bill designates Association, the Excellence in Public sume to the gentlewoman from the the facility of the United States Postal Service Award by the Nevada Trial First District of Nevada (Ms. BERKLEY). Service located at 811 South Main Lawyer Association, and the Friend of Ms. BERKLEY. Madam Speaker, I Street in Yerington, Nevada, as the Education Award from the Nevada thank the gentleman for yielding me ‘‘Joseph E. Dini Post Office Building.’’ State Education Association. Of time. A bill for the same purpose was intro- course, we could go on and on listing Madam Speaker, I am going to join duced by my distinguished colleague, Mr. Dini’s awards. my colleague from Nevada (Mr. GIB- the gentleman from Nevada (Mr. GIB- Mr. Speaker, Mr. Joseph E. Dini, Jr., BONS) in praising Assemblyman Joe BONS). is the epitome of what a public servant Dini. This is an extraordinary man. We Mr. Speaker, Joseph E. Dini was born should be; a man who has honored his know him very, very well. I am very and raised in the small town of State of Nevada, his hometown of proud to stand here and speak on his Yerington, Nevada. Mr. Dini was first Yerington, and, yes indeed, his coun- behalf.

VerDate 11-MAY-2000 03:32 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.020 pfrm04 PsN: H05PT1 February 5, 2002 CONGRESSIONAL RECORD — HOUSE H121 Assemblyman Dini, as we have heard, COMMUNICATION FROM THE EXTENDING AGREEMENT BE- was born in Yerington, Nevada, in 1929. CLERK OF THE HOUSE TWEEN THE UNITED STATES He went through school in Yerington. The SPEAKER pro tempore laid be- AND CHINA CONCERNING FISH- He went to the University of Nevada in fore the House the following commu- ERIES OFF THE COASTS OF THE Reno. He is truly a homegrown and nication from the Clerk of the House of UNITED STATES—MESSAGE cherished possession of the State of Ne- Representatives: FROM THE PRESIDENT OF THE vada. He has served his constituents in OFFICE OF THE CLERK, UNITED STATES (H. DOC. NO. 107– Yerington very well. He has served the U.S. HOUSE OF REPRESENTATIVES, 180) people of the great State of Nevada Washington, DC, February 4, 2002. The SPEAKER pro tempore laid be- very well. Hon. J. DENNIS HASTERT, fore the House the following message I, too, have a number of remem- The Speaker, House of Representatives, Wash- from the President of the United brances of Joe Dini, having also served ington, DC. States; which was read and, together in the Nevada State Legislature with DEAR MR. SPEAKER: Pursuant to the per- him, but I would like to harken back to mission granted in Clause 2(h) of Rule II of with the accompanying papers, without the Rules of the U.S. House of Representa- the time that I was a freshman. objection, referred to the Committee tives, I have the honor to transmit a sealed on Resources and ordered to be printed: Mr. Dini had already been speaker of envelope received from the White House on the Nevada State Assembly, and he was February 4, 2002 at 12:52 p.m. and said to con- To the Congress of the United States: going to become speaker again. But tain a message from the President whereby In accordance with the Magnuson- during my first term as a young he transmits a 6-month periodic report on Stevens Fishery Conservation and assemblywoman in Nevada in the early the national emergency with regard to Iraq. Management Act (16 U.S.C. 1801 et seq.), 1980s, he did not speak to me very With best wishes, I am I transmit herewith an Agreement be- much during the session. Every time I Sincerely, tween the United States of America JEFF TRANDAHL, saw him, I was a bit in awe, and I used Clerk of the House. and the Government of the People’s to step back, and I thought perhaps the Republic of China extending the Agree- less interaction we had, the better. He f ment of June 24, 1985, Concerning Fish- observed me and he watched me, and PERIODIC REPORT ON NATIONAL eries Off the Coasts of the United we kept our distance. He was certainly EMERGENCY WITH RESPECT TO States, with annex, as extended (the somebody that I would want to impress IRAQ—MESSAGE FROM THE ‘‘1985 Agreement’’). The present Agree- and want to do well for. PRESIDENT OF THE UNITED ment, which was effected by an ex- I did not hear from him the entire STATES (H. DOC. NO. 107–179) change of notes in Beijing on April 6 session. Towards the very end of the The SPEAKER pro tempore laid be- and July 17, 2001, extends the 1985 session, the end of May, he came over fore the House the following message Agreement to July 1, 2004. to where I was sitting. He sat down, he from the President of the United In light of the importance of our fish- looked at me and spoke to me for the States; which was read and, together eries relationship with the People’s Re- first time, and he said, ‘‘You did a good with the accompanying papers, without public of China, I urge that the Con- job. I am proud of you.’’ objection, referred to the Committee gress give favorable consideration to Those words meant everything in the on International Relations and ordered this Agreement. world to me. It was more affirmation to be printed: GEORGE W. BUSH. that I could actually do the job that I To the Congress of the United States: THE WHITE HOUSE, February 4, 2002. had been elected to, and there was As required by section 401(c) of the f somebody from the State of Nevada National Emergencies Act, 50 U.S.C. COMMUNICATION FROM SENIOR that was such an icon and such a re- 1641(c), and section 204(c) of the Inter- ACCOUNTANT, OFFICE OF FI- spected member not only of his com- national Emergency Economic Powers NANCE, OFFICE OF CHIEF AD- munity of Yerington, but of the entire Act, 50 U.S.C. 1703(c), I am providing a MINISTRATIVE OFFICER State of Nevada that I felt that what I 6–month periodic report prepared by was doing had been appreciated, and it my Administration on the national The SPEAKER pro tempore laid be- gave me inspiration to continue and do emergency with respect to Iraq that fore the House the following commu- other things. was declared in Executive Order 12722 nication from Philip J. Berisko, Senior I am sure that I am not an isolated of August 2, 1990. Accountant, Office of Finance, Office of incident, and I suspect there are lit- GEORGE W. BUSH. Chief Administrative Officer of the erally thousands of young Nevadans THE WHITE HOUSE, February 4, 2002. House of Representatives: that Joe Dini has significantly im- f OFFICE OF THE CHIEF ADMINISTRA- pacted on their lives and made a sig- COMMUNICATION FROM THE TIVE OFFICER, U.S. HOUSE OF REP- nificant difference. RESENTATIVES, So I am delighted to be here today. CLERK OF THE HOUSE Washington, DC, February 4, 2002. This is a much-deserved honor. The The SPEAKER pro tempore laid be- Hon. J. DENNIS HASTERT, people of Yerington, the people of the fore the House the following commu- Speaker, House of Representatives, Washington, great State of Nevada, are very grate- nication from the Clerk of the House of DC. ful for this honor for our homegrown Representatives: DEAR MR. SPEAKER: This is to formally no- native son, Assemblyman Joe Dini. tify you pursuant to Rule VIII of the Rules OFFICE OF THE CLERK, of the House that I have received a subpoena Mr. DAVIS of Illinois. Madam Speak- U.S. HOUSE OF REPRESENTATIVES, er, I have no further requests for time, for certification of documents issued by the Washington, DC, February 4, 2002. United States District Court for the North- and I yield back the balance of my Hon. J. DENNIS HASTERT, ern District of Ohio. time. The Speaker, House of Representatives, Wash- After consultation with the Office of Gen- Mr. HORN. Madam Speaker, I urge ington, DC. eral Counsel, I will make the determinations DEAR MR. SPEAKER: Pursuant to the per- adoption of this measure, and I yield required by Rule VIII. mission granted in Clause 2(h) of Rule II of Sincerely, back the balance of my time. the Rules of the U.S. House of Representa- PHILIP J. BERISKO, The SPEAKER pro tempore (Mrs. tives, I have the honor to transmit a sealed MORELLA). The question is on the mo- envelope received from the White House on Senior Accountant, Office of Finance. tion offered by the gentleman from February 4, 2002 at 12:52 p.m. and said to con- f California (Mr. HORN) that the House tain a message from the President whereby RECESS suspend the rules and pass the Senate he transmits an extension of an Agreement bill, S. 737. between the United States and the People’s The SPEAKER pro tempore. Pursu- The question was taken; and (two- Republic of China extending the Agreement ant to clause 12 of rule I, the Chair de- thirds having voted in favor thereof) of June 24, 1985, Concerning Fisheries Off the clares the House in recess until ap- Coasts of the United States. the rules were suspended and the Sen- With best wishes, I am proximately 6:30 p.m. ate bill was passed. Sincerely, Accordingly (at 3 o’clock and 12 min- A motion to reconsider was laid on JEFF TRANDAHL, utes p.m.), the House stood in recess the table. Clerk of the House. until approximately 6:30 p.m.

VerDate 11-MAY-2000 03:32 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.035 pfrm04 PsN: H05PT1 H122 CONGRESSIONAL RECORD — HOUSE February 5, 2002 b 1830 Frost Lee Ross Frelinghuysen Luther Roukema Ganske Levin Rothman Gallegly Lynch Ryan (WI) AFTER RECESS Gekas Lewis (CA) Roybal-Allard Granger McCollum Shaw Gephardt Lewis (GA) Royce Hall (TX) Meeks (NY) Slaughter The recess having expired, the House Gibbons Lewis (KY) Rush Hastert Millender- Souder was called to order by the Speaker pro Gilchrest Linder Ryun (KS) Hinojosa McDonald Stump Gillmor LoBiondo Sabo Jefferson Miller, George Traficant tempore (Mr. ISAKSON) at 6 o’clock and Gilman Lofgren Sanchez LaFalce Pryce (OH) Waters 30 minutes p.m. Gonzalez Lowey Sanders Lampson Radanovich Young (AK) Goode Lucas (KY) Sandlin Lipinski Riley Young (FL) f Goodlatte Maloney (CT) Sawyer Lucas (OK) Rodriguez Gordon Maloney (NY) Saxton ANNOUNCEMENT BY THE SPEAKER Goss Manzullo Schaffer b 1651 PRO TEMPORE Graham Markey Schakowsky Graves Mascara Schiff Mr. ACKERMAN changed his vote The SPEAKER pro tempore. Pursu- Green (TX) Matheson Schrock from ‘‘nay’’ to ‘‘yea.’’ ant to the provisions of clause 8, rule Green (WI) Matsui Scott So (two-thirds having voted in favor Greenwood McCarthy (MO) Sensenbrenner XX, the Chair will now put the ques- Grucci McCarthy (NY) Serrano thereof), the rules were suspended and tion on motions to suspend the rules on Gutierrez McCrery Sessions the bill, as amended, was passed. which further proceedings were post- Gutknecht McDermott Shadegg The result of the vote was announced poned earlier today. Hall (OH) McGovern Shays as above recorded. Hansen McHugh Sherman Votes will be taken in the following Harman McInnis Sherwood The title was amended so as to read: order: Hart McIntyre Shimkus ‘‘A bill to amend title 44, United States H.R. 577, by the yeas and nays; and Hastings (FL) McKeon Shows Code, to require any organization that Hastings (WA) McKinney Shuster S. 970, by the yeas and nays. Hayes McNulty Simmons is established for the purpose of raising The Chair will reduce to 5 minutes Hayworth Meehan Simpson funds for creating, maintaining, ex- the time for the second vote in this se- Hefley Meek (FL) Skeen panding, or conducting activities at a ries. Herger Menendez Skelton Presidential archival depository or any Hill Mica Smith (MI) facilities relating to a Presidential ar- f Hilleary Miller, Dan Smith (NJ) Hilliard Miller, Gary Smith (TX) chival depository to disclose the PRESIDENTIAL LIBRARY Hinchey Miller, Jeff Smith (WA) sources and amounts of any funds Hobson Mollohan Snyder CONTRIBUTION DISCLOSURE ACT Hoeffel Moore Solis raised, and for other purposes.’’. A motion to reconsider was laid on The SPEAKER pro tempore. The Hoekstra Moran (KS) Spratt Holden Moran (VA) Stark the table. pending business is the question of sus- Holt Morella Stearns pending the rules and passing the bill, Honda Murtha Stenholm f Hooley Myrick Strickland H.R. 577, as amended. ANNOUNCEMENT BY THE SPEAKER The Clerk read the title of the bill. Horn Nadler Stupak Hostettler Napolitano Sununu PRO TEMPORE The SPEAKER pro tempore. The Houghton Neal Sweeney question is on the motion offered by Hoyer Nethercutt Tancredo The SPEAKER pro tempore (Mr. the gentleman from California (Mr. Hulshof Ney Tanner ISAKSON). Pursuant to clause 8 of rule Hunter Northup Tauscher XX, the Chair will reduce to 5 minutes HORN) that the House suspend the rules Hyde Norwood Tauzin and pass the bill, H.R. 577, as amended, Inslee Nussle Taylor (MS) the minimum time for electronic vot- on which the yeas and nays are or- Isakson Oberstar Taylor (NC) ing on the additional motion to sus- Israel Obey Terry pend the rules on which the Chair has dered. Issa Olver Thomas The vote was taken by electronic de- Istook Ortiz Thompson (CA) postponed further proceedings. vice, and there were—yeas 392, nays 3, Jackson (IL) Osborne Thompson (MS) f not voting 40, as follows: Jackson-Lee Ose Thornberry (TX) Otter Thune HORATIO KING POST OFFICE [Roll No. 6] Jenkins Owens Thurman BUILDING YEAS—392 John Oxley Tiahrt Johnson (CT) Pallone Tiberi The SPEAKER pro tempore. The Abercrombie Bryant Davis, Jo Ann Johnson (IL) Pascrell Tierney Ackerman Burr Davis, Tom Johnson, E. B. Pastor Toomey pending business is the question of sus- Aderholt Burton Deal Johnson, Sam Payne Towns pending the rules and passing the Sen- Akin Buyer DeFazio Jones (NC) Pelosi Turner ate bill, S. 970. Andrews Callahan DeGette Jones (OH) Pence Udall (CO) The Clerk read the title of the Senate Armey Calvert Delahunt Kanjorski Peterson (MN) Udall (NM) Bachus Camp DeLauro Kaptur Peterson (PA) Upton bill. Baird Cannon DeLay Keller Petri Velazquez The SPEAKER pro tempore. The Baker Cantor DeMint Kelly Phelps Visclosky question is on the motion offered by Baldwin Capito Deutsch Kennedy (MN) Pickering Vitter Ballenger Capps Diaz-Balart Kennedy (RI) Pitts Walden the gentleman from California (Mr. Barcia Capuano Dicks Kerns Platts Walsh HORN) that the House suspend the rules Barr Cardin Dingell Kildee Pombo Wamp and pass the Senate bill, S. 970, on Barrett Carson (IN) Doggett Kilpatrick Pomeroy Watkins (OK) which the yeas and nays are ordered. Bartlett Carson (OK) Dooley Kind (WI) Portman Watson (CA) Barton Castle Doolittle King (NY) Price (NC) Watt (NC) This will be a 5-minute vote. Bass Chabot Doyle Kingston Putnam Watts (OK) The vote was taken by electronic de- Becerra Chambliss Dreier Kirk Quinn Waxman vice, and there were—yeas 394, nays 0, Bentsen Clay Duncan Kleczka Rahall Weiner Bereuter Clayton Dunn Knollenberg Ramstad Weldon (FL) not voting 41, as follows: Berkley Clement Edwards Kolbe Rangel Weldon (PA) [Roll No. 7] Berman Clyburn Ehlers Kucinich Regula Weller YEAS—394 Berry Coble Ehrlich LaHood Rehberg Wexler Biggert Collins Emerson Langevin Reyes Whitfield Abercrombie Bass Borski Bilirakis Combest Engel Lantos Reynolds Wicker Ackerman Becerra Boswell Bishop Condit English Largent Rivers Wilson (NM) Aderholt Bentsen Boucher Blumenauer Costello Eshoo Larsen (WA) Roemer Wilson (SC) Akin Bereuter Boyd Blunt Cox Etheridge Larson (CT) Rogers (KY) Wolf Andrews Berkley Brady (PA) Boehlert Coyne Evans Latham Rogers (MI) Woolsey Armey Berman Brady (TX) Boehner Cramer Everett LaTourette Rohrabacher Wu Bachus Berry Brown (OH) Bonilla Crane Farr Leach Ros-Lehtinen Wynn Baird Biggert Brown (SC) Boozman Crenshaw Fattah Baker Bilirakis Bryant Borski Crowley Ferguson NAYS—3 Baldwin Bishop Burr Boswell Cubin Filner Ballenger Blumenauer Burton Flake Mink Paul Boucher Culberson Fletcher Barcia Blunt Buyer Boyd Cummings Foley NOT VOTING—40 Barr Boehlert Callahan Brady (PA) Cunningham Forbes Barrett Boehner Camp Brady (TX) Davis (CA) Ford Allen Blagojevich Brown (FL) Bartlett Bonilla Cannon Brown (OH) Davis (FL) Fossella Baca Bonior Conyers Barton Boozman Cantor Brown (SC) Davis (IL) Frank Baldacci Bono Cooksey

VerDate 11-MAY-2000 03:32 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.042 pfrm04 PsN: H05PT1 February 5, 2002 CONGRESSIONAL RECORD — HOUSE H123 Capps Hayes Miller, Jeff Stenholm Tiahrt Watt (NC) consideration of motions to suspend Capuano Hayworth Mink Strickland Tiberi Watts (OK) Cardin Hefley Mollohan Stupak Tierney Waxman the rules, which was referred to the Carson (IN) Herger Moore Sununu Toomey Weiner House Calendar and ordered to be Carson (OK) Hill Moran (KS) Sweeney Towns Weldon (FL) printed. Castle Hilleary Moran (VA) Tancredo Turner Weldon (PA) Chabot Hilliard Morella Tanner Udall (CO) Weller f Chambliss Hinchey Murtha Tauscher Udall (NM) Wexler REPORT ON RESOLUTION PRO- Clay Hobson Myrick Tauzin Upton Whitfield Clayton Hoeffel Nadler Taylor (MS) Velazquez Wicker VIDING FOR CONSIDERATION OF Clement Hoekstra Napolitano Terry Visclosky Wilson (NM) H.R. 3394, CYBER SECURITY RE- Clyburn Holden Neal Thomas Vitter Wilson (SC) SEARCH AND DEVELOPMENT Coble Holt Nethercutt Thompson (CA) Walden Wolf ACT Collins Honda Ney Thompson (MS) Walsh Woolsey Combest Hooley Northup Thornberry Wamp Wu Mr. DIAZ-BALART, from the Com- Condit Horn Norwood Thune Watkins (OK) Wynn mittee on Rules, submitted a privi- Thurman Watson (CA) Conyers Hostettler Nussle leged report (Rept. No. 107–357) on the Costello Houghton Oberstar NOT VOTING—41 Cox Hoyer Obey resolution (H.Res. 343) providing for Coyne Hulshof Olver Allen Hastert Radanovich consideration of the bill (H.R. 3394) to Cramer Hunter Ortiz Baca Hinojosa Riley authorize funding for computer and Crane Hyde Osborne Baldacci Jefferson Rodriguez Crenshaw Inslee Ose Blagojevich LaFalce Roukema network security research and develop- Crowley Isakson Otter Bonior Lipinski Ryan (WI) ment and research fellowship pro- Cubin Israel Owens Bono Lucas (OK) Shaw grams, and for other purposes, which Brown (FL) Luther Culberson Issa Oxley Slaughter was referred to the House Calendar and Cummings Istook Pallone Calvert Lynch Souder Cunningham Jackson (IL) Pascrell Capito McCollum Stump ordered to be printed. Davis (CA) Jackson-Lee Pastor Cooksey Meeks (NY) Taylor (NC) f Davis (FL) (TX) Paul Frelinghuysen Millender- Traficant Davis (IL) Jenkins Payne Gallegly McDonald Waters TECHNICAL CORRECTION OF Davis, Jo Ann John Pelosi Granger Miller, George Young (AK) ERROR IN THE CODIFICATION OF Hall (TX) Pryce (OH) Young (FL) Davis, Tom Johnson (CT) Pence TITLE 36 Deal Johnson (IL) Peterson (MN) 1901 DeFazio Johnson, E. B. Peterson (PA) b Mr. SENSENBRENNER. Mr. Speak- DeGette Johnson, Sam Petri So (two-thirds having voted in favor er, I move to suspend the rules and Delahunt Jones (NC) Phelps DeLauro Jones (OH) Pickering thereof), the rules were suspended and pass the Senate bill (S. 1888) to amend DeLay Kanjorski Pitts the Senate bill was passed. title 18 of the United States Code to DeMint Kaptur Platts The result of the vote was announced correct a technical error in the codi- Deutsch Keller Pombo as above recorded. fication of title 36 of the United States Diaz-Balart Kelly Pomeroy Dicks Kennedy (MN) Portman A motion to reconsider was laid on Code. Dingell Kennedy (RI) Price (NC) the table. The Clerk read as follows: Doggett Kerns Putnam Stated for: S. 1888 Dooley Kildee Quinn Mrs. CAPITO. Mr. Speaker, on rollcall No. 7 Doolittle Kilpatrick Rahall Be it enacted by the Senate and House of Rep- Doyle Kind (WI) Ramstad I was unavoidably detained. Had I been resentatives of the United States of America in Dreier King (NY) Rangel present, I would have voted ‘‘yea.’’ Congress assembled, Duncan Kingston Regula f SECTION 1. TECHNICAL CORRECTION OF ERROR Dunn Kirk Rehberg IN THE CODIFICATION OF TITLE 36. Edwards Kleczka Reyes Ehlers Knollenberg Reynolds PERSONAL EXPLANATION Section 2320(e)(1)(B) of title 18, United Ehrlich Kolbe Rivers Ms. SLAUGHTER. Mr. Speaker, I was un- States Code, is amended by striking ‘‘section Emerson Kucinich Roemer 220706 of title 36’’ and inserting ‘‘section Engel LaHood Rogers (KY) able to be present for rollcall vote Nos. 6 and 220506 of title 36’’. 7. Had I been present, I would have voted English Lampson Rogers (MI) The SPEAKER pro tempore (Mr. Eshoo Langevin Rohrabacher ‘‘yes’’ or ‘‘aye’’ on rollcall vote Nos. 6 and 7. ISAKSON). Pursuant to the rule, the Etheridge Lantos Ros-Lehtinen Mr. RILEY. Mr. Speaker, I was unavoidably Evans Largent Ross gentleman from Wisconsin (Mr. SEN- detained for rollcall No. 6, H.R. 577, to require Everett Larsen (WA) Rothman SENBRENNER) and the gentleman from Farr Larson (CT) Roybal-Allard any organization that is established for the California (Mr. BERMAN) each will con- Fattah Latham Royce purpose of raising funds for the creation of a Ferguson LaTourette Rush trol 20 minutes. Presidential archival depository to disclose the Filner Leach Ryun (KS) The Chair recognizes the gentleman Flake Lee Sabo sources and amounts of any funds raised. from Wisconsin (Mr. SENSENBRENNER). Fletcher Levin Sanchez Had I been present I would have voted ‘‘yea.’’ Foley Lewis (CA) Sanders I was also unavoidably detained for rollcall GENERAL LEAVE Forbes Lewis (GA) Sandlin Mr. SENSENBRENNER. Mr. Speak- Ford Lewis (KY) Sawyer No. 7, S. 970, to designate the facility of the Fossella Linder Saxton United States Postal Service located at 39 er, I ask unanimous consent that all Frank LoBiondo Schaffer Tremont Street, Paris Hill, Maine, as the Hora- Members may have 5 legislative days Frost Lofgren Schakowsky within which to revise and extend their Ganske Lowey Schiff tio King Post Office Building. Had I been Gekas Lucas (KY) Schrock present I would have voted ‘‘yea.’’ remarks and include extraneous mate- rial on S. 1888. Gephardt Maloney (CT) Scott f Gibbons Maloney (NY) Sensenbrenner The SPEAKER pro tempore. Is there Gilchrest Manzullo Serrano PERSONAL EXPLANATION objection to the request of the gen- Gillmor Markey Sessions Gilman Mascara Shadegg Mr. HINOJOSA. Mr. Speaker, I regret that I tleman from Wisconsin? Gonzalez Matheson Shays was attending a funeral and was unable to re- There was no objection. Goode Matsui Sherman turn in time for votes. Had I been present, I Mr. SENSENBRENNER. Mr. Speak- Goodlatte McCarthy (MO) Sherwood er, I yield myself such time as I may Gordon McCarthy (NY) Shimkus would have voted ‘‘yea’’ on rollcalls 6 and 7. Goss McCrery Shows consume. Graham McDermott Shuster f Mr. Speaker, I rise in support of S. Graves McGovern Simmons 1888, legislation to correct a technical Green (TX) McHugh Simpson b 1900 Green (WI) McInnis Skeen error in the Federal Criminal Code con- Greenwood McIntyre Skelton REPORT ON RESOLUTION PRO- cerning the protection of certain Olym- Grucci McKeon Smith (MI) VIDING FOR CONSIDERATION OF pic trademarks. Gutierrez McKinney Smith (NJ) MOTIONS TO SUSPEND THE As you know, a great tradition re- Gutknecht McNulty Smith (TX) RULES Hall (OH) Meehan Smith (WA) sumes this week. The Winter Olympic Hansen Meek (FL) Snyder Mr. DIAZ-BALART, from the Com- Games begin in Salt Lake City, Utah. Harman Menendez Solis mittee on Rules, submitted a privi- The tradition of the Olympics is more Hart Mica Spratt Hastings (FL) Miller, Dan Stark leged report (Rept. No. 107–356) on the important than ever. Amateur athletes Hastings (WA) Miller, Gary Stearns resolution (H.Res. 342) providing for from around the world come together

VerDate 11-MAY-2000 03:32 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A05FE7.032 pfrm04 PsN: H05PT1 H124 CONGRESSIONAL RECORD — HOUSE February 5, 2002 to compete in goodwill and strive to- Mr. Speaker, I reserve the balance of the Olympic rings and even the title wards excellence in their sport. They my time. ‘‘Olympics.’’ Revenues generated by are an inspiration to us all. Mr. BERMAN. Mr. Speaker, I yield the Olympic trademarks go to support Since the tragedies of September 11, myself such time as I may consume. the games and American athletes. it is more important than ever that the Mr. Speaker, I rise to join the distin- Title 36, section 220501 of the U.S. nations of the world are united in guished gentleman from Wisconsin Code provides these protections and peaceful exhibition. Surely my col- (Mr. SENSENBRENNER), the Chairman of makes available the remedies under leagues join me in the pride that our the Committee on the Judiciary and the Lantham Act for trademark coun- country hosts the games this winter. support passage of S. 1888. terfeiting to criminally prosecute The Departments of Justice and the S. 1888 appears to be a wholly tech- counterfeiters of Olympic marks. Treasury and the U.S. Olympic Com- nical, noncontroversial bill. Thus, Unfortunately, the necessary cross- mittee have recently notified Congress while the Committee on the Judiciary reference to the section entitled title that an incorrect citation was made did not consider and report out the bill, 18, section 2320 of the U.S. Code, which when a recodification of certain laws I believe it is appropriate to move this sets forth the actual criminal pen- was passed in 1998. This typographical bill on suspension today. In essence, S. alties, mistakenly references another error, the insertion of the number 7 in- 1888 corrects a drafting error made section of title 36. Rather than pro- stead of 5, inadvertently undermines when Congress passed H.R. 1085 in 1998. tecting Olympics trademarks, the erro- the protection of Olympic trademarks H.R. 1085 codified into title 36 of the neously cross-referenced section deals such as the Olympic rings. This legisla- U.S. Code certain preexisting provi- with the powers of a federally char- tion corrects the error. sions of U.S. law, including those tered, nonprofit veterans society of The need to protect trademarks and which gave the United States Olympic World War II submariners. This error other intellectual property is stronger Committee exclusive use of Olympic must be corrected today. today than ever. There are disturbing symbols such as the five interlocking Section 2320 of title 18 is the primary reports detailing how the proceeds of rings. basis for criminal prosecutions of those counterfeit and pirated goods are used It is somewhat important to move who traffic in counterfeit Olympic to fund a variety of dangerous criminal this legislation now before the Olym- goods. The start of the Salt Lake City enterprises including terrorism. It is pics in Salt Lake City begin. U.S. Cus- Winter Olympics later this week is al- important that we safeguard the integ- toms officials have expressed concern ready producing a sharp spike in the rity of the goodwill of the Olympics as that they will not be able to prosecute amount of trafficking in phony Olym- well as our public safety by giving Fed- infringement of the Olympic symbols pic goods and services. eral law enforcement the tools to go The Customs officers and other law in Salt Lake City unless this legisla- after wrongdoers and to protect these enforcement officials who have been tion is passed. important trademarks. trained to intercept fake merchandise In conclusion, Mr. Speaker, it is ap- I would also like to say a few words are currently relying upon a section of parent that while technical in nature, about something that is very dis- the U.S. Code that does not actually S. 1888 is an important piece of legisla- turbing to me. When I was driving in provide any criminal penalties for tion. It is also apparent that its pas- from the airport today, the radio car- Olympic-related counterfeiting. They sage is somewhat time-sensitive with ried a report that the International are, in effect, enforcing a law that does the Olympics shortly due to begin. Olympic Committee had denied the re- not exist because of a typographical I have much more to say on this leg- quest of the United States Olympic error. team to carry as the American flag islation, Mr. Speaker, but given the The bill today simply corrects the that flag which had been recovered critical importance of the special order cross-reference in title 18 to refer to from the wreckage of the World Trade which will commence as soon as we are the intended section of title 36 dealing Center. Today we are talking about done with this bill, I will yield back with Olympic marks. S. 1888 passed the legislation relating to the meaning of the balance of my time. Senate by unanimous consent on De- symbols, the Olympic rings in par- Mr. Speaker, I yield back the balance cember 20. House action today can en- ticular, and how important symbols of my time, and I urge an aye vote. sure that this bill reaches the Presi- are to the fight against evil and for Mr. SENSENBRENNER. Mr. Speak- dent for enactment prior to the start of good, and how important symbols are er, I yield such time as he may con- the Salt Lake Winter Olympic Games. in terms of preventing criminals and sume to the gentleman from Utah (Mr. Mr. Speaker, I am grateful to the terrorists from appropriating those CANNON). gentleman from Wisconsin (Mr. SEN- symbols for their own use. Mr. CANNON. Mr. Speaker, I would SENBRENNER) and the gentleman from I was honestly shocked to hear that like to begin by associating myself Texas (Mr. ARMEY) for recognizing the the bureaucrats of the International with the comments of the gentleman urgency of the problem and acting Olympic Committee are denying the from Wisconsin (Mr. SENSENBRENNER), quickly to bring this bill to the floor. American team the right to carry the the Chairman of the Committee on the I want to take this opportunity to flag that they wanted to as a symbol of Judiciary, as regards the choice of flag thank all my colleagues for their the solidarity of the world against the that the American team proposes to steadfast support of the Salt Lake events of September 11. And while we carry and would also encourage the Olympic Games. The response from are passing legislation today pro- IOC to reconsider their decision. this body on nearly every Winter tecting one of the symbols of both the I rise in support of this small but Olympic request, especially on in- International and U.S. Olympic Com- vital technical correction to the trade- creased Federal security measures, has mittees, I would hope that the IOC mark law. This legislation would fix a been one of unqualified support. It is a would reciprocate and would reconsider drafting error which would otherwise direct result of that support that the the very foolish decision that they allow unauthorized use of the protected Salt Lake Winter Olympics will be the made, if this radio report was accurate, Olympic symbols. most secure and successful in history. denying American Olympic athletes As Utah and America prepare to wel- I hope all of the Members will get a the right to carry the flag that they come the rest of the world this week- chance to watch some of the Winter want to carry. end to the Salt Lake City Winter Olympic Games over the next few One must remember that there were Olympics, we must close a loophole weeks. It will be a heck of a show and citizens of 86 countries that died in the that would let counterfeiters of Olym- one that demonstrates the resilience of World Trade Center on September 11. pic merchandise of the games go the American spirit. So that flag is not just an American unpunished. Mr. SENSENBRENNER. Mr. Speak- symbol, it is a symbol that is being Congress clearly intended to protect er, I urge an aye vote. carried in memory of those citizens of against the unauthorized use of Olym- Mr. Speaker, I have no further re- most of the countries participating in pic-related symbols, logos, slogans and quests for time, and I yield back the the Olympics, and it ought to be other marks without permission from balance of my time. present when the games open up in the Olympic governing bodies. Such The SPEAKER pro tempore. The Salt Lake City later this week. protected and familiar symbols include question is on the motion offered by

VerDate 11-MAY-2000 03:32 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.047 pfrm04 PsN: H05PT1 February 5, 2002 CONGRESSIONAL RECORD — HOUSE H125 the gentleman from Wisconsin (Mr. He retired from the Air Force as a Game Commission and served as presi- SENSENBRENNER) that the House sus- colonel in 1967 and spent the next 20 dent of the Kansas State Chamber of pend the rules and pass the Senate bill, years working in the aviation industry. Commerce. S. 1888. Gabreski was inducted into the Na- Knowing Ross Beach as a business- The question was taken. tional Aviation Hall of Fame and later man, it is clear to me why he has had The SPEAKER pro tempore. In the served as the president of the Long Is- such a successful career. Knowing him opinion of the Chair, two-thirds of land Railroad system. as a friend, it is no surprise that he has those present have voted in the affirm- I am proud that the home of the Air used his success to benefit his fellow ative. National Guards’ 106th Rescue Wing in Kansans. I commend Ross Beach for his Mr. SENSENBRENNER. Mr. Speak- my congressional district bears his many accomplishments, his philan- er, on that I demand the yeas and nays. name. thropy and his recent and most highly The yeas and nays were ordered. Mr. Speaker, today I rise and ask my deserved recognition as Kansan of the The SPEAKER pro tempore. Pursu- colleagues to join me in honoring a Year. ant to clause 8 of rule XX and the true American hero, Colonel Francis f Chair’s prior announcement, further ‘‘Gabby’’ Gabreski. CONGRATULATING NANCY PELOSI proceedings on this motion will be f The SPEAKER pro tempore. Under a postponed. HONORING ROSS BEACH f previous order of the House, the gen- The SPEAKER pro tempore. Under a tleman from California (Mr. STARK) is SPECIAL ORDERS previous order of the House, the gen- recognized for 5 minutes. b 1915 tleman from Kansas (Mr. MORAN) is Mr. STARK. Mr. Speaker, as dean of recognized for 5 minutes. the California delegation, I often won- The SPEAKER pro tempore (Mr. Mr. MORAN of Kansas. Mr. Speaker, der what it gets one besides old age and ISAKSON). Under the Speaker’s an- I am here tonight following the 141st the infirmities that come with that, nounced policy of January 3, 2001, and anniversary of Kansas’ entry into the but I must say that it is a great pleas- under a previous order of the House, Union to honor a great Kansan, Mr. ure today as dean because I have the the following Members will be recog- Ross Beach. A business leader, philan- honor to recognize officially the true nized for 5 minutes each. thropist and lifelong Kansan, Mr. accomplishment of the gentlewoman f Beach was recognized on January 25 of from California (Ms. PELOSI) as she The SPEAKER pro tempore. Under a this year as the Kansan of the Year. takes over the position of minority previous order of the House, the gentle- There is no one more deserving than whip and becomes the highest-ranking woman from the District of Columbia Mr. Beach of this recognition. woman ever in the U.S. House of Rep- (Ms. NORTON) is recognized for 5 min- In his lifetime, Mr. Beach has resentatives. I offer my congratula- utes. changed the Kansas landscape, helping tions to her and her family on this tre- (Ms. NORTON addressed the House. to make the State an even better place mendous achievement. Her remarks will appear hereafter in to live. A pioneer and leader in the oil Our State is proud of NANCY, as are the Extensions of Remarks.) and gas industry, banking, radio and all the women and men throughout the f television, his work has brought eco- country. NANCY’s a trail blazer for nomic progress and jobs to our State of women and for our State, but she is not HONORING COLONEL FRANCIS Kansas. In recognition of this success, the first. She joins a long line of GABRESKI Mr. Beach has been inducted into the women leaders from the State of Cali- (Mr. GRUCCI asked and was given Kansas Business Hall of Fame. Today fornia. permission to address the House for 1 he continues to influence Kansas as Throughout American history, Cali- minute and to revise and extend his re- president of the Kansas Natural Gas fornia has sent more women to Con- marks.) Corporation and as chairman of the gress than any other State. The first Mr. GRUCCI. Mr. Speaker, I rise Douglas County Bank. woman, Mae Ella Nolan, was elected to today to celebrate the life of Colonel In my hometown of Hays, where Mr. replace her late husband and sworn in Francis ‘‘Gabby’’ Gabreski, our Na- Beach resides, his generosity has made January of 1923, shortly before I got tion’s highest-ranking fighter ace, who possible the creation of two of the com- here. passed away Thursday, January 31. munity’s most cherished assets, a In 1925 California elected Florence Gabby Gabreski amassed 28 downed world class performing arts center and Prag Kahn, the State’s second woman German aircraft in World War II and museum of natural history. The philan- to serve in the House. She served for 12 6.5 enemy MiG fighters in the Korean thropic works of Mr. Beach and his tal- years in the House and was the first War, becoming America’s greatest liv- ented and gracious wife, Marianna, ex- Jewish woman to serve in Congress. ing ace. tend far beyond our community of In January of 1945, Helen Gahagan Gabreski graduated in 1941 from Hays, enhancing the lives of Kansans Douglas became the third California Knoxville Army Air Field as a second across our State through the Marianna woman and, of course, as my colleagues lieutenant and was assigned to the 45th Kistler Beach Museum of Art at Kansas know, set the foil for our former Presi- Fighter Squadron in Hawaii where he State University and the Beach Center dent, Mr. Nixon. witnessed the attack on Pearl Harbor. on Disability at the University of Kan- In 1972, the year that I was first In June of 1944, Gabreski led his sas. These are the gifts that Mr. Beach elected, California elected its fourth squadron in a long fighter sweep over and Mrs. Beach have made known to woman member, Yvonne Brathwaite the beaches of Normandy. Three weeks our State. Many of his most important Burke. Congressman Brathwaite had later he surpassed Eddie Ricken- acts of generosity have been performed her own couple of firsts. She was the backer’s World War I record and on in anonymity. first African American woman to rep- July 5 scored his 28th victory after 193 It is with this spirit of commitment resent California and also was the first missions, making him America’s lead- to unity and State that Ross Beach has woman to give birth to a child while ing ace, earning him a leave back to lived his life. Not long after graduating serving in Congress. the United States. from Kansas State University, he So California has a rich tradition of After pleading with his superiors to served in World War II as a naval avi- sending women to Washington, D.C. In forgo his leave and fly just one more ator. Since that time Mr. Beach has re- my 30 years I have been proud to serve final mission, Gabreski was shot down peatedly demonstrated his willingness with several women leaders from our over Europe. He spent the final 8 to serve not only through his gifts but great State. The gentlewoman from months as a POW. also with his time and talents, pro- California (Ms. PELOSI), however, has Gabreski once again took the skies viding leadership to numerous organi- risen to the top, the best of the best. during the Korean War as commander zations, including the Kansas 4–H and The occasion we mark today raises of the 51st Fighter Wing where he the Eisenhower Foundation. Mr. Beach the bar for women and men every- helped develop tactics for jet fighters. has also chaired the Kansas Fish and where. She has succeeded through the

VerDate 11-MAY-2000 03:50 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.049 pfrm04 PsN: H05PT1 H126 CONGRESSIONAL RECORD — HOUSE February 5, 2002 power of her ideas and the strength of the losses that devastated this area. ered, tears in his eyes, and told me he her convictions. She will be a formi- Oregon State University said $134 mil- had come to this country some 20, 25 dable and fabulous whip. She will even lion of potential economic loss. Bank- years before and gotten a job on a farm be able to keep me in line; and I con- ruptcies like the Carleton family, third in this basin the next day. He had gratulate her and I applaud her, and I generation in the basin, they had raised his family, educated his kids, am proud to call her my colleague and farmed there three generations. and worked every day since, until that friend. This administration, this Congress week, when he had lost his job. f responded with a little bit of economic A terrible wrong has been committed assistance, saying, here we will help a here. We have an obligation and a re- PLIGHT OF THE PEOPLE OF little bit, $20 million into the basin and sponsibility to make it right. KLAMATH BASIN $134 to $200 million economic hit. This f The SPEAKER pro tempore. Under a poor gentleman, when he got that, the CONGRATULATIONS TO THE HON- previous order of the House, the gen- money went to the bankruptcy court. ORABLE NANCY PELOSI, MEM- tleman from Oregon (Mr. WALDEN) is He got stuck with a $60,000 tax bill out BER OF CONGRESS, NEW MINOR- recognized for 5 minutes. of $122,000 in emergency aid. ITY WHIP Mr. WALDEN of Oregon. Mr. Speak- I tell my colleagues that just to show er, it is not the first time I have come the devastation not only to the envi- The SPEAKER pro tempore (Mr. to the well to address the House and ronment of the farm country but the BROWN of South Carolina). Under a pre- my colleagues about the terrible plight families who lived there; but the most vious order of the House, the gentle- of the people of the Klamath Basin in important fact came out this weekend, woman from California (Ms. LEE) is Oregon and northern California. Mr. Speaker, when the National Acad- recognized for 5 minutes. Mr. Speaker, as my colleagues know, emy of Sciences finally finished their Ms. LEE. Mr. Speaker, as we cele- on April 6 of last year, the water was review of the data and the decisions. brate and honor our new minority cut off to the farmers at Klamath Do my colleagues know what that whip, the gentlewoman from California Basin. Some 1,400 farms were affected. showed, Mr. Speaker? It showed there (Ms. PELOSI), I also must really thank The decision was unprecedented. Never was no scientific justification for the her for being such a role model. As a in the near-hundred-year history of high lake levels or for dumping the wife, a mother, a grandmother, a friend this water project run by the Bureau of water in the Klamath River. This is the to many, a great humanitarian and a Reclamation had the water been to- article out of the Herald and News, ir- phenomenal leader, Ms. PELOSI has tally cut off; but a new scientific anal- rigation cut off was not justified. really demonstrated that women can ysis and decisions by the various agen- The damage done to these people is do it all at the same time. cies, the Fish and Wildlife Service, the extraordinary. Some of it can never be NANCY PELOSI’s congressional dis- National Marines Fisheries Service, undone. The decisions were flawed. trict is right across the Bay Bridge said, sorry, there is not enough water They were based on science that did from my district. Her constituents for the farmers. We have to maintain not add up to the decisions that were have recognized her intellect, her pas- the highest lake levels we have ever made. sion, and her coalition-building ability maintained to protect sucker fish, and Further, had we not had this outside by electing her to the House of Rep- then we have to release water later on peer review by the National Academy resentatives eight times. Now, as mi- in greater amounts than we have be- of Sciences, we would have continued nority whip, these same attributes and fore to provide water for the Koho down a road of dumping potentially le- values will be brought to our leader- salmon, which are in danger. thally hot water into the Klamath ship team to meet the challenges of Mr. Speaker, a number of us, espe- River, killing the very Koho salmon this new millennium. cially the farmers and ranchers in the this whole plan was supposed to fix and No one is more qualified to lead than basin, argued against that, saying that help. The National Academy of Ms. PELOSI. She understands that edu- there was no scientific evidence to Sciences said one of the reasons that cation is the soundest investment we prove that this was necessary; but these Koho are surviving in this rather can make as a Nation to secure our fu- those arguments fell on deaf ears. warm river complex to begin with is ture. She understands that access to Later in the spring, the chairman of probably due to natural seepage and quality health care, affordable housing, the House Committee on Resources some cold water springs where they job and pension security, and a com- agreed to let us have a field hearing in can go off into micro-habitat and sur- mitment to fighting the global HIV/ the Klamath Basin. Thousands of peo- vive. AIDS pandemic are essential to our ple turned out. Thousands of people The plan that the National Marine economic and national security. And turned out for that hearing, Mr. Speak- Fisheries Service wanted us to follow she knows that job security and eco- er; and at that time we raised these which denied water to the farmers said nomic security are not Democratic or issues and said the science just did not dump warm reservoir water into this Republican issues, but American issues add up to the decisions that were being same river system. In effect, pollute that deserve bipartisan support. made. this river with warm water at the As a true leader on international We called for the Department of the worst time of the year, providing lethal issues, Ms. PELOSI cares about our for- Interior to get peer review of that water to the salmon. eign policy and fights to ensure that science. We also held a rally where Mr. Speaker, if there was ever a post- our foreign aid is directed toward the close to 18,000 people, in a county of er child for the need for reforming of betterment of humankind. She has 60,000, turned out. They called it the the Endangered Species Act to have been a powerful and relentless ally in ‘‘bucket brigade,’’ where we talked precisely this kind of peer review of the the fight to eradicate HIV/AIDS in San about the farm families. The veterans science, it is the Klamath Basin. Francisco as well as in Africa and who were lured to this area by the throughout the world. Her deep com- same Federal Government with a b 1930 mitment to civil rights and civil lib- promise of water for life, they were Beyond that, Mr. Speaker, if this erties here at home and her unwaver- asked to come settle this project, this government owes any debt to anyone, ing support for human rights abroad reclaimed land, guaranteed water to it is to the farmers and ranchers in this have given us all a standard for justice grow their crops to expand the Nation; basin whose livelihoods were robbed and equality. but no water did they get this year, from them, whose fields turned up dry, On October 10, 2001, exactly 90 years virtually none. some of whom left; and I have not even to the day after women won the right So the fields dried up. We can see the talked about the farm-worker families to vote in California, the gentlewoman sand here and a wheel line in the sand. that had to leave. from California (Ms. PELOSI) was elect- There was so much sand and dust that During the bucket brigade rally, ed by her colleagues to become our there were traffic accidents that came where 18,000 showed up, a Hispanic Democratic House whip, the highest about, but the biggest accident that farm worker came up to me in the high ranking woman in the 212-year history came about were the bankruptcies and school ball field where we had all gath- of this institution.

VerDate 11-MAY-2000 03:32 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.053 pfrm04 PsN: H05PT1 February 5, 2002 CONGRESSIONAL RECORD — HOUSE H127 This victory is really a great triumph MINNESOTA MOURNS THE DEATH nations. We have lost a tireless advo- for our Nation. Ms. PELOSI has broken OF STATE REPRESENTATIVE cate for early childhood education and through a glass ceiling that has long DARLENE LUTHER kids with special needs. We have lost a kept women from reaching the upper The SPEAKER pro tempore. Under a true champion for health care and peo- echelons of power in this House. As she previous order of the House, the gen- ple with disabilities. We have lost a said shortly after being elected, ‘‘We tleman from Minnesota (Mr. RAMSTAD) legislator with a big heart who made a made history; now we have to make is recognized for 5 minutes. big difference in the lives of so many progress.’’ Mr. RAMSTAD. Mr. Speaker, the Minnesotans. NANCY, congratulations on earning people of Minnesota are in mourning Darlene Luther represented the best this place in history. Congratulations because we have had a death in the in public service because she always and Godspeed as you accept this place family. Minnesota State Representa- put people first. As her friends and con- of distinction in the people’s House. I tive Darlene Luther, wife of our good stituents know, Darlene never took know that there are many girls and friend and colleague Bill Luther, herself too seriously, but she took her young women throughout the world passed away last week after a coura- job very seriously. And Darlene loved who are saying, ‘‘When I grow up, I geous battle with cancer. her job, just as she loved her colleagues want to be just like Congresswoman Today in St. Paul, Minnesota, and the staff of the Minnesota legisla- PELOSI.’’ Darlene’s family and hundreds of her ture, just as she loved Bill’s colleagues Mr. Speaker, I yield to the gentle- friends and constituents attended her and staff, just as she loved her con- woman from Ohio (Mrs. JONES). funeral mass at the Cathedral of St. stituents in Brooklyn Park. Mrs. JONES of Ohio. Mr. Speaker, I Paul. From Governor and Mrs. Ven- As we celebrate Darlene’s life of love would like to associate myself with the tura, to members of Minnesota’s con- and service, let us honor her legacy by comments of my colleague, the gentle- gressional delegation, the Minnesota keeping her passions alive. And may the tender strength of her love and her woman from California (Ms. LEE), and I legislature, and supreme court; from stand here to congratulate the new mi- Darlene’s constituents in Brooklyn kind and gentle spirit live forever in nority whip of the House of Represent- Park, Minnesota, to Darlene and Bill’s the hearts of each of us. atives, the gentlewoman from Cali- legions of friends across Minnesota, we f said farewell to a loving and com- fornia (Ms. PELOSI). TRIBUTE TO THE NEW MINORITY mitted wife, a caring and loyal friend, This is my second term in the U.S. WHIP, NANCY PELOSI and a compassionate and dedicated Congress, and I have to express the fact public servant. The SPEAKER pro tempore. Under a that the joy I have had serving in the Just as we mourned a great loss, we previous order of the House, the gentle- Congress I partly owe to NANCY PELOSI also celebrated a life of love and a life woman from California (Ms. ESHOO) is and the guidance she has given me as a of service, a life of passionate advocacy recognized for 5 minutes. colleague throughout these 3, almost 4, and genuine empathy for people, espe- Ms. ESHOO. Mr. Speaker, it is really years in the House of Representatives. cially people in need. Mr. Speaker, a privilege and a joy to be on the floor The wonderful thing is that the world Darlene Luther was truly a loving this evening and rise to honor our col- is very small, because I came to know daughter and sister to the Dunphy fam- league, the gentlewoman from Cali- NANCY PELOSI through some friends of ily; a loving wife and mother to Bill, fornia (NANCY PELOSI). mine from Cleveland, the Sklars; and Alicia and Alex; and friend to us all. I want to make my remarks tonight so I stand here celebrating with them She will be sorely missed by all of us really in the form of a story. I do not as well this great opportunity. who knew and loved her, by all of us have any notes in front of me, but I I also have to say that there was no whose lives she touched. would like to hearken back to over 25 greater joy than being a monitor in the Most of all, Darlene loved her hus- years ago. So that is more than a quar- room when those votes were counted band, Bill, and their children, Alicia ter of a century, which certainly says and I was able to say, yes, I have been and Alex, as deeply and as dearly as something about my age, but that is a part of history being made as those any wife and mother ever could. She how long I have known NANCY PELOSI. votes were counted on behalf of NANCY was so proud of them, as she told me Neither one of us were in elected pub- PELOSI. I am looking forward to her countless times. I will never forget how lic service at the time, but she was leadership and the opportunity to be proud she was of Bill when he was very well known throughout the State there to help her lead this Congress sworn in as a new Member of Congress. of California for the work that she was and lead this Democratic Party into Darlene ran over to me and proclaimed, doing in her beloved adopted city of this new century and to have an oppor- ‘‘Not bad for a kid from Fergus Falls, San Francisco, having been brought to tunity to say to the world that ‘‘a huh, Jim?’’ I know Darlene also made San Francisco by a great San Francis- woman’s place is in the House, the Bill very proud, and their love for each can, Paul Pelosi. And out of that mar- House of Representatives of the U.S. other will continue to inspire us all. riage, that wonderful, wonderful mar- Congress.’’ I will never forget Darlene’s pride riage, have come five magnificent chil- Congratulations NANCY PELOSI, and I when Alicia was accepted by Boston dren. am here to let you know I am here for College. ‘‘I am so proud of Alicia,’’ she First, let me say something about you. told me, ‘‘and she did it despite a letter Paul. We all love him and respect him. of recommendation from a Republican He is one of the most gentle individ- f Member of Congress.’’ Darlene was so uals, who always has a smile on his face and has done so much for so many The SPEAKER pro tempore. Under a proud of the wonderful young woman of us. It is his singular joy to welcome previous order of the House, the gen- Alicia has become and so grateful for us to his home to do for each one of us tleman from Illinois (Mr. KIRK) is rec- the loving daughter she has always over the years. So this is a great party ognized for 5 minutes. been. Mr. Speaker, I will never forget how celebrated around the two of them and (Mr. KIRK addressed the House. His proud Darlene was at Alex’s very first not just NANCY. remarks will appear hereafter in the Special Olympics, as we were there to Five children: Nancy Corinne, Chris- Extensions of Remarks.) cheer him on. And I will never forget tine, Jacqueline, Paul, Jr., and Alex- Darlene’s pride and her tears of joy andra. Two magnificent sons-in-law, f when Alex moved into his new apart- Jeff Prowda and Michael Kenneally; The SPEAKER pro tempore. Under a ment. Alex Luther showed all of us and five extraordinary grandchildren, previous order of the House, the gen- what the dignity of independent living Alexander, Liam, Madeleine, Sean, and tleman from California (Mr. BERMAN) is is all about. Ryan. So you can see that there is both recognized for 5 minutes. Mr. Speaker, the loss of Representa- the Gaelic and the garlic that has been (Mr. BERMAN addressed the House. tive Darlene Luther is a great loss for blended in this magnificent family. His remarks will appear hereafter in Minnesota. We have lost our leader for NANCY PELOSI is recognized a leader the Extensions of Remarks.) people who need life-saving organ do- not only in her own community but

VerDate 11-MAY-2000 03:50 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.055 pfrm04 PsN: H05PT1 H128 CONGRESSIONAL RECORD — HOUSE February 5, 2002 throughout the State of California. She TRIBUTE TO NEW MINORITY WHIP, Mr. Speaker, we gather on this floor has been a leader in the Democratic THE HONORABLE NANCY PELOSI of this great institution to pay tribute Party, and that came to her from her The SPEAKER pro tempore (Mr. to a woman who has already made his- magnificent mother and father, whom I BROWN of South Carolina). Under a pre- tory, but in the years ahead will make think tonight and tomorrow and all vious order of the House, the gen- even more. days are watching NANCY and guiding tleman from California (Mr. FARR) is f her from heaven. recognized for 5 minutes. TRIBUTE TO NEW MINORITY WHIP, Her father served in this House of Mr. FARR of California. Mr. Speaker, THE HONORABLE NANCY PELOSI Representatives. He served as a mem- I rise tonight to also pay tribute to the The SPEAKER pro tempore. Under a ber of the Committee on Appropria- gentlewoman from California (Ms. previous order of the House, the gen- tions, as his daughter does today. And PELOSI). Forty years ago in this city a tleman from California (Mr. HONDA) is her mother was a champion for hous- beautiful young woman graduated from Trinity College. Today she becomes the recognized for 5 minutes. ing, for the underemployed, for the un- Mr. HONDA. Mr. Speaker, it is a employed, for those that did not have a highest ranking woman in the United States House of Representatives. The great privilege and a joy for me to be voice in our society. Her father went able to praise and recognize our new on to become Mayor of Baltimore. Her gentlewoman from California (Ms. PELOSI), now a San Francisco Congress- whip, the gentlewoman from California brother, Tommy, has served as Mayor (Ms. PELOSI). The gentlewoman from of Baltimore. woman, is the pride of our great State. Born in Baltimore to a family of public California (Ms. PELOSI) has been a role So as we Californians like to say, servants, her father has been men- model for anyone interested in enter- NANCY PELOSI was born and bred for tioned, Thomas D’Alesandro, served as ing politics and is a shining example of public service and understanding what mayor of Baltimore for 12 years after effective leadership. I can think of no the best of it represents. Her devotion, representing the city in this House of better Member to galvanize our efforts her family’s devotion to a party to give Representatives for five terms where here in Congress during these trying birth to ideas and to bring people for- he, like the gentlewoman, served on yet promising times. ward for the best of our Nation is the the Committee on Appropriations. Her The gentlewoman is true to her con- tradition not only of the D’alesandro brother, Thomas D’Alesandro, III, victions, whether that be fighting for family, but the Pelosi family as well. served as mayor of Baltimore. human rights in China, defending a She met her husband Paul here in woman’s right to choose, or looking b 1945 Washington, D.C., in Georgetown where after the well-being of working fami- he was a student at Georgetown Uni- lies, and she will not back down on Mr. Speaker, tonight we rise to pay versity. They moved to California, and these critical issues. tribute to her. Not only on the occa- I think at that time Paul Pelosi As whip of our party, it will be the sion of becoming elected whip, but how changed the definition of the State slo- gentlewoman’s job to corral votes, lis- proud we are as Californians that we gan which is printed on our State li- ten to Members’ concern, and help have helped to bring forward this brary in Sacramento. That slogan point this Congress in the direction woman for this post. She has always, reads, ‘‘Bring us men to match our that will take our Nation to a better always been respected by everyone here mountains.’’ Paul Pelosi brought us future for our children. on both sides of the aisle. The gentle- women to match our mountains. Mr. Speaker, when I was a candidate woman always has a friend in her The gentlewoman gave birth to five with aspirations to become a Member voice. The gentlewoman from Cali- children, Nancy Corinne, Christine, of Congress, I was fortunate to have fornia (Ms. PELOSI) does not make en- Jacqueline, Paul, and Alexandra. While the gentlewoman from California (Ms. emies. Why? Because she knows what raising her five children, she got in- PELOSI) there for me. My colleagues is at stake, and what is at stake is the volved in San Francisco Democratic from California know how helpful she business, the blessed and very precious politics, became northern chair of the can be, and now the entire party will business of our Nation and a better State party, and chair of the 1984 benefit from her advice and counsel. world. Democratic National Convention Host History will show that to date there have been over 12,000 Members in the We are so proud that this woman has Committee when that convention was United States Congress, of which a lit- created another first. We saw her do it held in San Francisco. tle over 200 have been women. And here in California, and we see her do it here The gentlewoman from California we are today honoring the gentle- all over again. Whether Members sup- (Ms. PELOSI) became known as a na- woman from California (Ms. PELOSI), ported her in the race for whip, all of tional committeewoman from Cali- fornia and served in that position for 20 the first woman to the second highest that has really gone away. Tomorrow years. She is a champion of the peo- post in our party. It is about time. we present our gift as a caucus to the ple’s issues. She is a respected mother, While breaking new ground and shat- Nation, and how proud we are that she a San Francisco socialite, a Congress- tering stereotypes of who the leaders of is yet another first. I think that we woman, and now Democratic whip of this Nation are, the gentlewoman will have helped to create and present as a the House of Representatives. bring about a much-needed change and party not only a gift to the House of As a native of California, fifth gen- invigorate the political process in a Representatives, to the Congress, but eration, this is one of the proudest mo- civil way without creating the acri- to our Nation, because that is why we ments I have had in public life, to see mony and ill will that has all too often are here. I think Americans will come one of our own public servants rise to defined the partisan politics we have to know her and respect her as we do this position, and I now serve along seen in this House. for what she believes in, for the faith with the gentlewoman as chair of the Mr. Speaker, I congratulate the gen- that shapes all that she believes in, be- Democratic delegation from California. tlewoman from California (Ms. PELOSI) cause she is a deeply spiritual and That is no small issue. We have 32 and look forward to her leadership as faith-filled woman. members of the 52-member delegation the House Democratic whip. Mr. Speaker, the commute across the that are Democrats. Of those 32 mem- Mr. Speaker, I yield to the gentleman country every week is not the easiest, bers, 16 are women, 16 are men. It has from California (Mr. BECERRA). but I could not wait to get up this the highest number of African Ameri- Mr. BECERRA. Mr. Speaker, I have morning to make that flight across the cans, Hispanics, Asians, and, as I like three words for the gentlewoman: Grit, country and join my colleagues and so to say, return Peace Corps volunteers guts and grace. I think the gentle- many other Californians who have in that delegation. Every one of the woman from California (Ms. PELOSI) flown across the country, who have Members in that delegation and the does a tremendous job of dem- come here to witness the swearing in history it is making as a delegation of onstrating what an elected official and the celebration of the gentle- parity and a delegation of broad rep- should represent. I have had nothing woman from California (Ms. PELOSI) resentation pays tribute to the gentle- but pleasure in seeing her operate and becoming the whip of the Democrats woman from California (Ms. PELOSI) for seeing the gentlewoman just move for- and a gift to the Nation. getting them elected to Congress. ward an issue, whether it is an issue on

VerDate 11-MAY-2000 03:32 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.060 pfrm04 PsN: H05PT1 February 5, 2002 CONGRESSIONAL RECORD — HOUSE H129 trade, or an issue of a woman’s right to weakening economy, and it turned into jeopardy if we go along with those who choose, or just her campaign to become a recession. want to raise taxes by suspending historically the next Democratic whip Under the President’s leadership, we those tax cuts. I have yet to find a here in the House of Representatives. I passed a tax cut. We decided to take 20 real-world economist who tells us that think we have someone who handles percent of the budget surplus that re- it is a good idea to raise taxes during a herself in a way that makes all of us sulted from our efforts to balance the recession. proud. budget and take that 20 cents on the Some of those who have advocated For a Californian, for someone who is dollar, the surplus, and give it back to suspending, killing, repealing, stopping a minority, for someone who believes the American people in tax relief. That the Bush tax cuts say it is really not a in progressive politics, we have a great tax cut was signed into law in June. By tax increase because those tax cuts deal of pride seeing that the next whip August, economists were noting that have not gone into effect yet; but they for the Democratic Caucus here in the the economy was beginning to get bet- were the same ones who a few years House of Representatives will be the ter, and then the tragedy of the ter- ago said that if you slow down the rate gentlewoman from California (Ms. rorist attack on September 11 oc- of growth on Medicare, that it is a PELOSI). I wish I could claim she was curred, the terrorist attack that cost Medicare cut, so we are using the same from Los Angeles where I hail from and thousands of lives, and since Sep- definition. The bottom line is sus- represent instead of San Francisco. tember 11 has cost over a million pending, stalling, repealing, delaying Mr. Speaker, I join my colleagues in Americans their jobs. the Bush tax cut is a tax increase. saying not just to the gentlewoman This House has responded, and of I would note a couple of key things. from California (Ms. PELOSI) and Paul course we twice have passed an eco- The Secretary of the Treasury was be- Pelosi, who deserves a great deal of the nomic stimulus plan. I would note that fore the House Committee on Ways and credit as well for supporting the gen- on December 21 this House passed and Means today. When asked what is the tlewoman, but to all the world, let it sent to the Senate an economic stim- economic impact of a tax increase, of be known that we are very proud of the ulus plan to revive our economy. Un- delaying, stalling, repealing or killing Member that we elected as the next fortunately, the Senate failed to act. the Bush tax cut, he said it would be whip in the House, and very proud to be The bad news today is, and it was an- devastating to the economy. Over a able to display her, because what we nounced by the Senate majority leader, million Americans have lost their jobs will do now under the gentlewoman’s that the Senate was going to shelve and more would lose their jobs with a leadership will demonstrate that we any effort to revitalize this economy. tax increase. knew how to choose right. I say con- That is bad news. I would note on the rate reductions gratulations once again. Tomorrow we have another impor- that 17 million small business owners Mr. HONDA. Mr. Speaker, I yield to tant vote that is going to have an im- and entrepreneurs pay taxes under the the gentlewoman from California (Ms. pact on the economy, and that is re- individual income tax rates, the two SOLIS). garding a proposed tax increase which top brackets that are going to be Ms. SOLIS. Mr. Speaker, I want to Senator KENNEDY, Senator JEFFORDS phased in. Think about it. Who is it take this moment, this fine oppor- and others have begun advocating. that is going to bring about the revival tunity to celebrate with the country Some have been advocating that we of this economy? It is not the major the new Democratic whip, the gentle- suspend, repeal, or delay. corporations, the big guys. It is the lit- woman from California (Ms. PELOSI). I ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tle guys and gals, the entrepreneurs, have come to know the gentlewoman The SPEAKER pro tempore. Will the the small businesspeople. Eighty per- over the last year serving with her in gentleman from Illinois suspend. cent of those who pay taxes under the this distinguished House. She is truly a Members are reminded to refrain top two brackets, the two brackets pioneer. She is a new face for Cali- from referring to Members of the other being phased in, are small fornia and for the United States. She body by name, except as provided in businesspeople and entrepreneurs. We gives hope and aspirations to many clause 1 of Rule XX. know they generate the most jobs. We young people, and people who look like Mr. WELLER. Mr. Speaker, some think as Members of this House about many of us here who now occupy seats have advocated repealing, delaying, or our neighbors, if every small business here in this House. killing the implementation of these on Main Street or Liberty Street in my She has distinguished herself for tax cuts. That is bad news for the econ- hometown of Morris, Illinois, hired one many, many years. I recall meeting the omy. If Members look at what is in the more worker, what that would mean. gentlewoman once at one of our State tax cuts that are before us today, what And, of course, raising taxes on those conventions in California when I was begins getting phased in in the tax cut, small businesspeople will make it just getting involved in the Democratic because we were unable to do it all in much harder to provide those jobs. Party. The gentlewoman is a true lead- the same year, are some pretty impor- From a consumer’s standpoint, if you er for women’s rights and issues. I tant provisions. raise taxes, you take money out of know that the gentlewoman will be One is our efforts to eliminate the their pocket. When consumers have shattering the glass ceiling that is here marriage tax penalty. I think Members less money to meet the needs of their and will help to forge new, triumphant agree that under our Tax Code, it is un- families, they are not able to spend it roads for women and other people who fair that married working couples pay in our local stores, in our local busi- need to have their voices heard. She is more in taxes than two single people nesses, buying products and services. a champion. living together. We essentially wipe When a consumer buys a pickup truck, f out the marriage tax penalty in the there is an autoworker who makes it. President’s cut. When a consumer buys a PC, a personal PASS ECONOMIC GROWTH AND computer or a laptop, there is a worker TAX RELIEF RECONCILIATION b 2000 somewhere that produces that; and a ACT OF 2001 We help small business by elimi- tax increase will make it much more The SPEAKER pro tempore. Under a nating the death tax, which takes away difficult. previous order of the House, the gen- up to 55 percent of the family business Mr. Speaker, we have the oppor- tleman from Illinois (Mr. WELLER) is when the founder passes on. The Bush tunity tomorrow to go on the record: recognized for 5 minutes. tax cut also included additional retire- Are you for continuing the tax cut, or Mr. WELLER. Mr. Speaker, we have ment savings benefits which are phased are you for raising taxes? Tomorrow an important vote in this body tomor- in over the next few years. And, of this House will have the opportunity to row, an important vote that has a course, we double the child tax credit, vote for keeping the tax cut or for rais- major economic impact. Our Nation is currently $500, raising that to $1,000. ing taxes. It is a simple choice. Every- in a recession. When President Bush And for those in the top two tax brack- one will have the opportunity to go on became President, he inherited a weak- ets, the 39 percent and the 28 percent, the record. I urge and ask bipartisan ening economy. In fact, his White we lower those tax brackets from 39 to support for preserving the tax cut and House housewarming was essentially a 35 and from 28 to 25. Those are all in ensuring that we get this economy

VerDate 11-MAY-2000 03:32 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.062 pfrm04 PsN: H05PT1 H130 CONGRESSIONAL RECORD — HOUSE February 5, 2002 moving forward again and give hun- office. Thank you for all you have done Some argue that we should repeal or dreds of thousands of Americans the to improve the quality of life for Amer- delay the tax cuts. The gentleman from opportunity to go back to work. ica’s families and our most precious re- Illinois who addressed the House a few f source, our children. Thank you for all minutes ago and I believe that this is a you have contributed to the Congress, CONGRATULATING THE HONOR- debate worthy of having. If Members of for your advice and counsel to Mem- Congress truly believe we should raise ABLE NANCY PELOSI ON HER bers, old and new. ELECTION TO MINORITY WHIP taxes, our resolution gives them an op- And, America, get ready. If you do portunity to record their votes in favor The SPEAKER pro tempore (Mr. not know NANCY PELOSI yet, you are of a tax increase. Our resolution states, BROWN of South Carolina). Under a pre- going to love what you see. the tax cuts should not be repealed or vious order of the House, the gen- Congratulations, NANCY. You make delayed. If they want to raise taxes, tleman from California (Mr. SCHIFF) is us all proud. recognized for 5 minutes. Mr. Speaker, I yield to the gentleman they need to vote against the resolu- Mr. SCHIFF. Mr. Speaker, I yield to from Texas. tion offered by the gentleman from Illi- the gentlewoman from California. Mr. SANDLIN. I thank the gen- nois and me. Every American deserves Ms. WOOLSEY. I thank the gen- tleman for yielding. Focused, orga- to know where their Representative tleman for yielding. I want to tell our nized, hard working and goal oriented: and Senators stand on this important colleague and the gentlewoman from those are words that spring to my mind issue. California (Ms. PELOSI) that every sin- when describing our new whip, NANCY Some in Congress, Mr. Speaker, late- gle day she teaches me something. In PELOSI. As will no doubt be mentioned ly have tried to maneuver and scheme my 1992 campaign, the gentlewoman many times tonight, NANCY PELOSI’s for political advantage by blaming the from California showed me that senior election is historic and an indication of President’s tax relief package for the Members, important Members, actu- positive change to come. NANCY’s lead- ally help candidates. In fact, I learned ership will complement our current deficit and recession. They are not tell- how to run my first race by watching leadership. She will bring a new en- ing the truth. These tax supporters try her first race in San Francisco. After I ergy, a new vision to our caucus and to to sell the myth that we must increase was elected, NANCY showed me and the our country. Her leadership may be to taxes just 6 months after we promised rest of my class that more senior Mem- the same destination, but I suspect Americans they would start receiving bers step aside and push junior Mem- that she will have a few new road maps their rebate income tax checks in the bers forward to give them the exposure for us to follow. mail. The ink on the new tax relief that they need and to give them the I am proud of our caucus, particu- package has barely dried. Now they guidance that is so important in get- larly the men of our caucus, that we want to repeal it or, as they say, delay ting your feet on the ground around were able to be a part of breaking the or postpone it. They said the same here. glass ceiling for women in leadership. thing about the economic stimulus NANCY has shown us what a real And make no mistake about it, that package: let’s take a long look. Let’s Democrat is, what it is all about, while glass ceiling is shattered forever. delay it a week. Let’s postpone it a at the same time how to get bipartisan This is important to men and women month. Today they killed it, which support. That is no easy task. She has all across the country, and it is impor- really killed the chances that many of shown us how to run a whip campaign, tant to me personally. I am the father my constituents and their companies how to win, and how to bring the cau- of four children, two boys and two have to rebound from this recession. cus back together at the end of that girls. I want to make sure that my As the chart I prepared shows, eco- race. Finally, now that NANCY is the daughters have the same hope, the whip-elect and when she takes over to- same opportunity, the same vision as nomic conditions account for 72 per- morrow, she is going to show us how to my sons. NANCY PELOSI will guarantee cent of projected 2002 deficits. Spend- fill the position of the highest-elected that. We all congratulate NANCY ing accounts for 16 percent. Tax relief office for any woman in the history of PELOSI; and I say thank you for includ- only contributed 12 percent. Yet there the United States, while remaining the ing us all at the table, from left to is a growing cry to delay or postpone, same gracious, genteel, fair and gen- right, region to region, persuasion to we know in Washington that means erous person that she is. I think that is persuasion, but most of all thank you kill, the tax cuts. the most important lesson of all that I for your years of hard work, your dedi- We have got to revitalize our econ- have learned from the gentlewoman cation and your preparation in earning omy. Tax cuts spur economic growth from California. You can actually be this leadership position. and create jobs. The bottom line for all of that and be successful. The country will be better for the President Bush and this Congress Mr. SCHIFF. Mr. Speaker, I yield to leadership of NANCY PELOSI. ought to be jobs, preserving jobs and the gentleman from New York. f creating good jobs. Senate inaction on Mr. OWENS. NANCY PELOSI is a na- tional political leader and has deep STAY THE COURSE ON TAX the economic stimulus plan cost us practical political roots, while at the RELIEF 800,000 jobs. The House passed a stim- same time she maintains bright, wide- The SPEAKER pro tempore. Under a ulus many months ago; but it is not spread idealistic wings. I can think of previous order of the House, the gen- only stuck in the Senate, it is dead in no better trait for leadership than to tleman from Alabama (Mr. BACHUS) is the Senate today. Now these same ob- have roots and wings. She is optimistic recognized for 5 minutes. structionists want to repeal the tax and idealistic, but she also is a great Mr. BACHUS. Mr. Speaker, when cuts we have passed last year. political strategist. Congress makes a commitment to give Our resolution reaffirms that prom- Last year she led the congressional Americans tax relief, it should honor ise to the American people. It reaffirms delegation from California to victories that commitment. To put it plainly, the tax relief. It reaffirms the tax cuts. which were greater than all the other Americans should get the tax cuts that We cut taxes because it is the right combined Democratic Caucus members they have been promised. Americans thing to do, it is the fair thing to do, it together. As a compassionate idealist, should have the tax relief that they is the compassionate thing to do for NANCY refuses to adopt a position that desperately need. families struggling from paycheck to Passage of President Bush’s tax cut certain vitally needed reforms are im- paycheck. possible. We are proud to follow a great late last year was a historic bipartisan leader that has roots and wings, NANCY achievement. Only three times since In conclusion, Mr. Speaker, as the PELOSI. World War II have we had an across- gentleman from Illinois has so ade- Mr. SCHIFF. Mr. Speaker, NANCY has the-board tax cut: President Kennedy’s quately said, our choice is simple. Do asked us all to be brief and therefore I tax cut in the 1960s, President Reagan’s we leave the money in the pockets of will be. After all, she is the whip. tax cut in the 1980s, and now President the American workers and families, or NANCY, you are the greatest. Thank George W. Bush’s tax cut. But now do we bring it up here and spend it as you for the passion you bring to your some want to break the agreement. we see fit?

VerDate 11-MAY-2000 03:32 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.064 pfrm04 PsN: H05PT1 February 5, 2002 CONGRESSIONAL RECORD — HOUSE H131 ANNOUNCEMENT BY THE SPEAKER promise bill that can withstand scrutiny by the Chamber. It seems that at times we PRO TEMPORE House. She has worked uncomplainingly in have forgotten how to work together to The SPEAKER pro tempore. The the spirit of compromise each year to produce solve problems here in this House. But Chair reminds all Members to refrain legislation the House can support. the gentlewoman from California’s spe- from characterizing the action or inac- NANCY’s race for whip pitted her against one cial skills not only as the only West- tion of the Senate. of the Democratic Caucus’ most active and erner in leadership, not only as the distinguished members, our colleague STENY first and only woman in either party to f HOYER, who has been one of my mentors on reach this exalted level but as some- TRIBUTE TO NANCY PELOSI the Appropriations Committee. STENY’s out- body who embodies what it means to be standing credentials as our former caucus a legislator, her insight, intelligence, The SPEAKER pro tempore. Under a chair, as a chairman and now ranking member grace and tenacity will help us do our previous order of the House, the gentle- of the Treasury-Postal Appropriations Sub- job better for the American public. woman from California (Ms. ROYBAL- committee, and as chief recruiter for our party b 2015 ALLARD) is recognized for 5 minutes. of congressional challengers, made the race Ms. ROYBAL-ALLARD. Mr. Speaker, I join for whip a difficult decision for everyone in our We all welcome this gift from Cali- my colleagues today in celebration of the offi- caucus. But we all recognized that with fornia and the Pelosi family, and I hope cial swearing-in of the Democratic whip, my choices such as NANCY and STENY for this we are equal to the challenge. colleague and friend, NANCY PELOSI. coveted leadership position, the Democratic I would like to yield to the gentle- Today, we celebrate a historic event. NANCY Caucus, as well as the entire House, would be woman from Illinois (Ms. PELOSI is the highest-ranking woman ever to well-served by the victor. NANCY’s tough but SCHAKOWSKY). serve in the U.S. House of Representatives. successful race against STENY represented Ms. SCHAKOWSKY. Mr. Speaker, I Her success is also a tribute to the women another example of leadership—not just of her feel privileged and honored to join my who came before her. From the election of ability to mobilize the diverse elements of our colleagues on the House floor to mark Representative Jeanette Rankin to the House caucus, but also her ability to organize in the an historic day for this body, for Demo- in 1916, to today, when a record number of 75 systematic manner essential to the success of crats, for women and for America. To- women serve in the 107th Congress, women any party’s whip. morrow, the distinguished gentle- Members of Congress have made significant As Californians and as members of the Ap- woman from California (Ms. PELOSI) contributions to the legislative accomplish- propriations Committee, NANCY and I share will be sworn in as the Democratic ments of the House and Senate. They have many experiences. But we also share a dis- whip. This occasion is cause for cele- served with distinction as chairs of committees tinction enjoyed by only a handful of women bration and is a sign of great progress. and subcommittees, members of our most Members of Congress over the history of Con- The gentlewoman from California’s powerful committees, and in leadership posi- gress because each of our fathers served in election to whip is an historic land- tions within the Democratic caucus and the the House before us. NANCY’s father, Rep- mark in the evolution of our great de- Republican conference. resentative Thomas D’Alesandro, served in mocracy. She will now emerge more But, today is notable because NANCY has the House from Maryland from 1939 to 1947. fully as a leading voice on the national been elevated by her peers to one of the top My father, Representative Edward Roybal, stage for the Democratic Party and for two positions that the history books recognize served an area of Los Angeles near my cur- the Congress, and she will motivate as the key party leadership posts. So it is fit- rent district from 1963 to 1993. I know that the women of all ages, because of her elo- ting that we gather today to recognize the model of public service provided by our fa- quence, her competence, her confidence leadership exemplified by our new Democratic thers was essential to each of us as we de- and her passion, to strive for new whip, NANCY PELOSI, and to celebrate the ac- cided upon the course of our careers. heights and to participate more fully complishments that have earned this great I congratulate NANCY PELOSI as she officially and completely in politics and policy. distinction. assumes her leadership duties today. She We are witnessing a shift in the na- NANCY was a leader in California and in the takes her place today among a long line of tional political landscape. It is a move- California Democratic party for many years be- outstanding Democratic whips that go before ment. Women do not want to just be at fore her election to Congress in 1987. In may her in the House’s history, including Rep- the table, we want to be at the head of ways, her political experience provided a resentative DAVID BONIOR, whom she suc- the table. Because of the gentlewoman model for me in becoming the first Mexican- ceeds. I pledge to work with her and our other from California (Ms. PELOSI), we are American woman to be elected to Congress, Democratic leaders, indeed all the leaders of energized and empowered. Our new and I have appreciated the many ways she the House, in going forward with our work in Democratic whip was not elected be- has supported me both before and after I a manner that best reflects the American peo- cause she was a woman. That she is one joined her here in the House in 1993. ple and that always strives to make the House is a real benefit, and she will send a She has also provided additional leadership of Representatives truly ‘‘the people’s House.’’ strong message as an inspiration for to me as I have followed her to the House Ap- aspiring women throughout the coun- f propriations Committee. I believe it is NANCY’s try. service on that committee that demonstrated CONGRATULATING THE HONOR- Her election is a demonstration of her leadership abilities to the members of our ABLE NANCY PELOSI ON HER the reality that the Democratic Party caucus. First, NANCY serves on the Labor, ELECTION TO MINORITY WHIP is a party of diversity, inclusion and Health and Human Services, and Education The SPEAKER pro tempore. Under a opportunity. She has made great ef- Subcommittee, which may recognize as the previous order of the House, the gen- forts to reach out to members from all most problematic appropriations bill passed by tleman from Oregon (Mr. BLUMENAUER) parts of the Democratic Party and is Congress each year. The bill’s long list of wor- is recognized for 5 minutes. committed to the needs and values of thy programs necessitate hard work and nu- Mr. BLUMENAUER. Mr. Speaker, I this caucus and our diverse constitu- merous, bipartisan compromises in order to join my colleagues, and the fact that so encies. produce the final version that is enacted into many remain here this evening to laud But to me she is not just the whip; law. NANCY’s contribution to that process each our newly elected whip, NANCY PELOSI, she is an inspiration, a mentor, a dear year has been essential in protecting health is testimony to the fact that she will friend and a true leader in every sense and education programs that benefit millions be a strong and forceful voice for our of the word. I look forward to following of Americans. party. She is good news for my special her to advance an agenda we can all be In addition, as ranking Democrat on the For- passion in Congress, for she under- proud of. I join my colleagues in con- eign Operations Subcommittee, NANCY has stands better than anybody I have met gratulating her and wishing her well. been the Democratic floor manager for that bill here that the Federal Government can Mr. BLUMENAUER. Mr. Speaker, I since 1995. From that position, she has been be a better partner to make our com- yield to the gentlewoman from Cali- instrumental in advocating our caucus’s posi- munities more livable, to make our fornia (Ms. WATSON). tion with regard to programs that address families safe, healthy and more eco- Ms. WATSON of California. Mr. global poverty, international family planning, nomically secure. Speaker, when I think of the gentle- and global environmental issues while working But the best news, Mr. Speaker, is for woman from California (Ms. PELOSI), with her Republic chairman to fashion a com- the American people and for this these words come to mind: N, never

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fearing to move; A, aggressively; N and ways comes to mind when you think of NANCY many enormous social needs. In my C, sensitive to needed causes; Y, yield- PELOSI: leadership. NANCY is a leader when State of Vermont, every week when I ing a great foresight; P, progressive; E, she speaks out for the underprivileged and the go out and speak to senior citizens, energizing; L, loving; O, overwhelm- disenfranchised. NANCY is a leader in the way they demand of me that Congress do ingly; S, spelling; and I, intellect. That she brings people and causes together in a something about the outrageously high is our ‘‘NANCY PELOSI.’’ collective and collaborative process. NANCY’s cost of prescription drugs and the fact I am so happy to be from the State of leadership drives her to focus on goals and re- that we do not have a strong prescrip- California that produced this woman sults. tion drug benefit under Medicare. that will guide this country in the fu- Integrity, honesty, and hard work are the pil- Mr. Speaker, what the issue tomor- ture. I salute the gentlewoman from lars of her success. And I know that she will row is going to be about is do we give California (Ms. PELOSI), our newest work tirelessly to forward democratic causes. huge tax breaks to the wealthiest peo- whip. And working with the Democratic Leader— ple in this country? Forty percent of Mr. BACA. Mr. Speaker, while she’s already DICK GEPHARDT—have every confidence that the President’s tax breaks go to the been on the job for about three weeks now, the Democratic Caucus and Party are on the wealthiest 1 percent, people who have a tomorrow my colleagues, my fellow Califor- cusp of a new and exciting era. minimum income of $370,000 a year and nian, my friend, NANCY PELOSI will be sworn in So to NANCY PELOSI I say you have my average over $1 million a year in in- to her new post as the democratic whip, and every confidence and my total support. Now— come. So the choice that Congress it’s going to be a big day for America. let’s get to work. Congratulations! faces is, do you give huge tax breaks in NANCY is the highest-ranking woman in the Ms. LOFGREN. Mr. Speaker, we are all the future to those people, or do you United States Congress...ever! As a His- here today to honor our colleague and friend provide a strong prescription drug ben- panic member of Congress, I can not be NANCY PELOSI. As a fellow Californian and a efit under Medicare? prouder of this moment. When the barriers of friend, it is hard for me to hide my delight at Mr. Speaker, not only is the Presi- achievement and opportunity fall for one, they NANCY’s election as Democratic Whip. For dent and the Republican leadership not fall for all of us. nearly fifteen years, NANCY has done a won- going to provide a strong prescription NANCY has her work cut out for her. She derful job representing the city of San Fran- drug benefit under Medicare, in fact in has dedicated herself to tackling the tough cisco in Congress. From education, health many ways they are going to cut back issues facing our economy. There are going to care, housing, and the economy, she has on Medicare. At a time when we need be some rough battles, but NANCY’s unique worked to improve the quality of life for Cali- to strengthen Social Security, at a blend of grace and determination will serve fornians—and all Americans. time that we need to raise the COLA, her well in the Whip post. On October 10, 2001, the Democratic Cau- the President and the Republican lead- It’s hard not to admire NANCY PELOSI. She cus made history. We made history by elect- ership are dipping into the Social Secu- is a gracious, engaging woman who has ing NANCY to the highest position ever held by rity Trust Fund. raised five children, Chaired the California a woman in Congress. Electing a woman to a Mr. Speaker, let us get our priorities Democratic Party, served eight terms in Con- leadership position was long overdue. And right. I speak to veterans virtually gress, doggedly advocated increased funding while the Democratic Party continues to be the every week in the State of Vermont. for healthcare and breast cancer research, party of progress, our work is not yet com- We have many town meetings. What and fought for human rights at home and plete. they tell me is when they apply for a abroad. NANCY, with your election as House Demo- benefit it takes 6, 7, 8, 10 months for It was her courageous fight against PNTR cratic Whip, we made history, we’ve made them to get that benefit processed, and and for human fights in China, that first intro- progress, and now we will work together to im- the reason is that in many instances duced me to NANCY when I came to Congress prove American government and to better the the Veterans Administration is under- two years ago. I fought along side NANCY as lives of the American people. Thank you staffed and is unable to process those she championed U.S. global leadership for NANCY for your leadership and your friendship. claims. human rights and sustainable development. Congratulations! Is it more important to give tax NANCY is a loyal friend. I’ll never forget how f breaks to millionaires and billionaires, NANCY stepped forward on my behalf during or is it more important to make sure my bid for a position on the rules committee. RESPONDING TO HUGE TAX that our veterans get the benefits to NANCY PELOSI is always willing to go to bat for BREAKS GIVEN TO AMERICA’S which they are entitled? her friends. This is the NANCY I know! NANCY RICH Mr. Speaker, just this last week, a has been going to bat for the people of Cali- The SPEAKER pro tempore (Mr. couple of days ago, there was a front fornia for 16 years and now she is going to BROWN of South Carolina). Under a pre- page story in the New York Times bat for the Democratic Party and the entire na- vious order of the House, the gen- which talked about how middle class tion. tleman from Vermont (Mr. SANDERS) is parents are finding it harder and hard- I look forward to NANCY’s truly recognized for 5 minutes. er to pay for the college costs of their groundbreaking leadership as she leads our Mr. SANDERS. Mr. Speaker, I also kids. The average American young per- party and our nation into the twenty-first cen- want to congratulate the gentlewoman son graduating from a 4-year college tury. from California (Ms. PELOSI) and wish ends up $20,000 in debt excluding the Mr. CLEMENT. Mr. Speaker, I rise to pay her the very best, but the issue that I debt incurred, and the growing debt in- tribute to a Member of the House, whom I want to focus on is a very important curred, by their parents. consider not only a gifted leader but a dear piece of legislation which is going to Is it more important to protect the friend. History is being made as NANCY PELOSI surface tomorrow, and that is the issue middle class and make sure that the is officially sworn in as the new Democratic of how Congress responds to the huge young people of this country can go to Whip. tax breaks that the President and the the college that they want and do that But history will ultimately cite not only the Republican leadership have given to by significantly expanding Pell grants election of the highest-ranking women in the the wealthiest 1 percent of the popu- and other financial aid programs, or is U.S. House of Representatives, it will sit in lation. it more important to give tax breaks to judgment of the effectiveness of her tenure as Mr. Speaker, this country has a $6 millionaires and billionaires, to people Whip. The work has only just begun. And I trillion national debt, and, for the first who provide huge campaign contribu- have every confidence that history will judge time now in several years, we are run- tions to Members of this Congress and this election not only as a landmark event in ning a deficit. the White House? American history, but a turning point for the Mr. Speaker, despite all of the great Mr. Speaker, all over this country we Democratic Party and democratic principles. speeches here about lockboxes and our are facing a disaster in terms of child The reason for my optimism is pretty simple. great love for Social Security, every- care. Working families are unable to NANCY is a born leader. A lot can be said of body understands that Congress is now find affordable quality child care. We her skills, her knack for organizing, her perse- dipping into and raiding the Social Se- have people who are paying too much verance, and her personal commitment to ex- curity fund. and getting too little, and the children cellence. But of all the positive things that can Further, Mr. Speaker, most people in are suffering. Yet the Federal commit- be said on her skills and talent, one word al- this country understand that we have ment to child care is minimal.

VerDate 11-MAY-2000 03:50 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.070 pfrm04 PsN: H05PT1 February 5, 2002 CONGRESSIONAL RECORD — HOUSE H133 Is it more important that we take The SPEAKER pro tempore. Under a going to talk about the issue of fiscal care of the youngest children in this previous order of the House, the gentle- responsibility, an issue that we think society and protect working families woman from California (Ms. WOOLSEY) is very important to address tonight in who want quality child care for their is recognized for 5 minutes. light of the President’s recent budget kids, or is it more important that we (Ms. WOOLSEY addressed the House. submission to this Congress. give huge tax breaks to the wealthy Her remarks will appear hereafter in The President and the Congress are and the powerful? the Extensions of Remarks.) united in the war on terrorism. Mem- bers on both sides of the aisle stand to- Mr. Speaker, in my State and all f gether in our commitment to defeat over this country there is a terrible The SPEAKER pro tempore. Under a the terrorists and to do whatever is housing crisis. previous order of the House, the gentle- The bottom line is let us repeal the necessary and pay whatever price may woman from California (Mrs. CAPPS) is be required to preserve our national se- tax breaks for the richest 1 percent, let recognized for 5 minutes. us lower the deficit, and let us take curity and to ensure that we protect (Mrs. CAPPS addressed the House. the homeland. care of the middle class of this coun- Her remarks will appear hereafter in try. There is no division that the current the Extensions of Remarks.) tax cuts that we have enjoyed in the f f form of the rebates have been impor- The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a tant to the American people, and there previous order of the House, the gentle- previous order of the House, the gen- is no suggestion, contrary to some on woman from California (Ms. SANCHEZ) tleman from California (Mr. FILNER) is the Republican side tonight, that there is recognized for 5 minutes. recognized for 5 minutes. should be any tax increase in the time (Ms. SANCHEZ addressed the House. (Mr. FILNER addressed the House. of a recession, because we firmly be- Her remarks will appear hereafter in His remarks will appear hereafter in lieve that the recession needs to be ad- the Extensions of Remarks.) the Extensions of Remarks.) dressed by this Congress in a respon- f f sible way, and tax cuts, tax cuts which have already been given and which al- The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a ready are being implemented in this previous order of the House, the gen- previous order of the House, the gen- current recession, are important to the tleman from California (Mr. SHERMAN) tleman from New York (Mr. WEINER) is recovery. is recognized for 5 minutes. recognized for 5 minutes. (Mr. SHERMAN addressed the House. So when we debate the resolution on (Mr. WEINER addressed the House. the floor of the House tomorrow, let His remarks will appear hereafter in His remarks will appear hereafter in the Extensions of Remarks.) there be no misunderstanding: Demo- the Extensions of Remarks.) crats understand that in a recession it f f would be wrong to increase taxes. The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a We passed a record tax decrease in previous order of the House, the gen- previous order of the House, the gen- June. The tax rebates were good for the tleman from California (Mr. GEORGE tleman from Texas (Mr. SANDLIN) is American people. But back in June the MILLER) is recognized for 5 minutes. recognized for 5 minutes. Congressional Budget Office projected (Mr. GEORGE MILLER of California (Mr. SANDLIN addressed the House. a 10-year surplus of over $5 billion. Just addressed the House. His remarks will His remarks will appear hereafter in 7 months later, these projections of a appear hereafter in the Extensions of the Extensions of Remarks.) surplus are gone. We find that as a re- Remarks.) sult of the tax cut, as a result of the re- f cession, as a result of the war, we no f The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a longer are able to project future sur- previous order of the House, the gen- pluses, and, in fact, we can only project previous order of the House, the gentle- tleman from Maryland (Mr. CUMMINGS) woman from California (Mrs. DAVIS) is future deficits. is recognized for 5 minutes. We are once again confronted with a recognized for 5 minutes. (Mr. CUMMINGS addressed the (Mrs. DAVIS of California addressed pattern of spending that was engaged House. His remarks will appear here- in for over 30 years by this Congress the House. Her remarks will appear after in the Extensions of Remarks.) hereafter in the Extensions of Re- that was ended in 1996–1997 when this marks.) f Congress voted for the Balanced Budg- The SPEAKER pro tempore. Under a et Act, an act that put us on the road f previous order of the House, the gen- to fiscal responsibility, that resulted in The SPEAKER pro tempore. Under a tleman from New York (Mr. OWENS) is 3 years of surpluses at the Federal previous order of the House, the gentle- recognized for 5 minutes. level. woman from North Carolina (Mrs. (Mr. OWENS addressed the House. But once again we now see the Presi- CLAYTON) is recognized for 5 minutes. His remarks will appear hereafter in dent of the United States submitting a (Mrs. CLAYTON addressed the House. the Extensions of Remarks.) budget to this Congress that will re- Her remarks will appear hereafter in f turn us to deficit spending. We believe the Extensions of Remarks.) as Blue Dog Democrats that we can The SPEAKER pro tempore. Under a win the war against terrorism, we can f previous order of the House, the gentle- protect our homeland, without raiding The SPEAKER pro tempore. Under a woman from Illinois (Ms. SCHAKOWSKY) the Social Security Trust Fund and in- previous order of the House, the gentle- is recognized for 5 minutes. creasing the national debt that we pass woman from Florida (Mrs. MEEK) is (Ms. SCHAKOWSKY addressed the recognized for 5 minutes. on to our children. House. Her remarks will appear here- We notice in the President’s budget (Mrs. MEEK of Florida addressed the after in the Extensions of Remarks.) House. Her remarks will appear here- submission of today that the national after in the Extensions of Remarks.) f debt, which was projected back in April FISCAL RESPONSIBILITY of last year to actually disappear over f the 10-year period, in fact turn to a The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under surplus, has now evaporated, and, previous order of the House, the gentle- the Speaker’s announced policy of Jan- based on the projections now contained woman from California (Ms. uary 3, 2001, the gentleman from Texas in the President’s budget, we will once MILLENDER-MCDONALD) is recognized (Mr. TURNER) is recognized for 60 min- again see $2.7 trillion in debt by the for 5 minutes. utes as the designee of the minority year 2011. (Ms. MILLENDER-MCDONALD ad- leader. dressed the House. Her remarks will Mr. TURNER. Mr. Speaker, this b 2030 appear hereafter in the Extensions of evening during this hour the Blue Dog So in just 7 short months, we went Remarks.) Democrat coalition in the House is from projections of a surplus over the

VerDate 11-MAY-2000 03:32 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.071 pfrm04 PsN: H05PT1 H134 CONGRESSIONAL RECORD — HOUSE February 5, 2002 next 10 years to ever-increasing na- cial Security trust funds. We, once would be put in a lock box and saved to tional debt. These figures show the again, under the President’s budget, prepare for the retirement of the baby debt that will be held by the public, the will be spending Social Security money boomers. The new projections show debt that we owe to people who buy to operate the rest of the government. that this promise will not be kept. Un- those Treasury bills and Treasury Our children will pay the price of our fortunately, the new projections show bonds, a large portion of which are fiscal irresponsibility. We believe as return of budget deficits, of borrowing owned by foreign investors, moving Blue Dogs it is time to get our house in from Social Security, and a rapidly in- from a surplus to a debt of $2.7 trillion. order and to be honest with the Amer- creasing national debt. Soon, very Just look at the interest costs that ican people. soon, the administration will be before this new debt will bring to the Amer- We have several members of the Blue this Congress asking us to raise the ican people. We projected that over the Dog Coalition who are here with us to- limit on the national debt; for permis- next 10 years, back in April, that we night who will address these issues. sion, in effect, to open the Social Secu- could eliminate our debt and, over the The first member of the coalition is the rity lock box and throw away the key period of 10 years, we would have to gentleman from California (Mr. until one day, too far in the haze of our pay $709 billion in interest. With the SCHIFF). The gentleman has been very tomorrows to see now, we may find new President’s budget, we now see active in fighting for fiscal responsi- that key again. that these interest payments will equal bility, for paying down the debt; and I Now, it is reasonable and appropriate 1.8, almost $1.8 trillion. That is just in am happy to yield to him to speak on to run temporary deficits during a re- interest that we will have to pay over this subject tonight. cession and wartime, and we all fully the next 10 years. That is an increase Mr. SCHIFF. Mr. Speaker, I thank support the President’s efforts in this in interest payments alone of about the gentleman for yielding. Tonight I war on terrorism. However, under re- $1.1 trillion over the next 10 years. join my colleagues in expressing my sponsible fiscal policy, the temporary Now, to put that in perspective, what concern about the President’s budget deficits incurred during a period of eco- could we do with $1.1 trillion in inter- proposal. We applaud the President for nomic weakness and war must be offset est costs if we could simply return to outlining the priorities of beefing up by a return to budget surpluses when the surpluses that we had anticipated homeland security and strengthening conditions improve. The government is back last April? Mr. Speaker, $1.1 tril- our national defense. What our troops projected to run on budget deficits that lion will fund the President’s defense have done halfway around the world in will require the government to raid the budget request for not just one year, Afghanistan is nothing short of mirac- Social Security and Medicare trust but for 3 years. Mr. Speaker, $1.1 tril- ulous, and it is our obligation and our funds for the rest of the decade, even lion would fund the President’s budget responsibility to make sure that the before, even before additional spending request for defense for 3 years. That is men and women in uniform have every increases for defense and homeland se- why we need to be sure that we do not tool at their disposal to win the war on curity are even counted. go back deeper into deficit spending, terrorism and win it convincingly. We need a plan for the long-term increase that national debt, and waste But the President has also proposed budget that brings us back to fiscal re- the resources of our taxpayers on inter- in his budget new levels of domestic sponsibility. We are spending money est servicing our national debt. spending and more than half a trillion now faster than it is coming in; and in We know as Democrats that raiding dollars of additional tax cuts. One crit- doing so, we are risking the long-term Social Security is the wrong thing to ical issue has been left out of this solvency of the Federal budget and, do. Raiding Social Security will result budget and that is, how do we pay for worse, we are simply mortgaging our in debts that will fall on the backs of all of this? So many American families children’s future. our children. The American people are facing the challenge of making Because our great Nation is faced know or deserve to know the truth. ends meet, especially during this reces- with the challenges of protecting our They understand that raiding Social sion. American families are struggling national security, both at home and Security and increasing our national to live within their means, and it is our abroad during this time of war, we need debt will ultimately result in higher responsibility as the Federal Govern- to make tough choices in addressing taxes for our children. ment to do the same. We must find a the budget outlook. We need simply a We have called on young men and way to balance the budget and remain wartime budget, one that meets our women who wear the uniform of our steadfast in our commitment to fiscal national defense and homeland secu- great Nation to sacrifice, even to risk discipline. rity needs, and one, like in past wars, their lives in the defense of freedom. The new budget reports indicate that that calls on Americans for something We all know that we are at war, but no the government will return to deficit they are willing to give, if asked; some- one has told the American people that spending and raid all of the Medicare thing they, in fact, yearn to be asked each of us must be willing to sacrifice surplus and further raid the Social Se- for in plain and candid terms, and that as well. We have been told that we can curity trust fund by more than $1.5 is sacrifice. Yet, this administration have it all. We have been told that we trillion over the next 10 years. This and this Congress has not called on the can win the war, we can increase should be cause for great concern for American people for sacrifice; not yet. spending, we can have our taxes cut, our Nation’s long-term economic well- Not with a budget that says we can that it will all be possible. being. have our cake and eat it too. We must During World War II, every American We are, I fear, at risk of making the keep our Nation strong, and we will; sacrificed. During World War II, every same mistakes we made 2 decades ago but we should not force our children to American did their part. In the current when we began a vicious cycle of def- pay for it. war, we have been led to believe that icit spending and burdened ourselves The price of freedom is high, as we do not have to sacrifice. By doing with terrible debt and crushing debt President Kennedy once said; and so, we are entering, once again, into a service. We are at risk of ignoring the Americans have always been willing to period of deficit spending and growing lessons of our protracted climb out of pay it. We pay it still. We must sac- national debt that, after 3 short years debt during the 1980s and 1990s and the rifice now for our children’s future so of fiscal responsibility, we will pass on enormous economic benefits that the we do not mortgage that future. While to our children the cost of paying for return to fiscal responsibility brought we stand in support of the President’s this war. this Nation. Having failed to learn efforts in this war on terrorism, we I believe that is wrong. Blue Dog from that history, we are now peril- also must challenge our colleagues in Democrats believe that is wrong. We ously close to repeating it. Congress and in the administration to believe that it is important to be hon- Even now, credible voices within the effectively address these economic cir- est with the American people about our administration are saying that debt cumstances and, working together in a finances in Washington. We believe it simply does not matter. How soon we bipartisan way, to return to a balanced is important to preserve the principle forget. During the debate last year, budget, responsible fiscal discipline, that was voted on repeatedly on the Congress and the President agreed that and keep that Social Security trust floor of this House to lock box the So- the Social Security trust fund surplus fund sacred.

VerDate 11-MAY-2000 03:32 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.088 pfrm04 PsN: H05PT1 February 5, 2002 CONGRESSIONAL RECORD — HOUSE H135 Mr. TURNER. Mr. Speaker, I thank strengthening our military, serving as speak, our Nation owes the men and the gentleman from California (Mr. the ranking Democrat on the Sub- women of America, the working people SCHIFF) for his remarks. Another mem- committee on Procurement of the that we all profess to represent, ber of the Blue Dog Democrat Coalition Committee on Armed Services. But $1,210,000,000,000. who has been an outstanding leader in while working to strengthen defense, Let us remember a million is a thou- trying to urge this Congress to main- he has also been an outspoken advocate sand thousand. A billion is a thousand tain and stay the course of fiscal re- of fiscal responsibility. I am proud to million. A trillion is a thousand bil- sponsibility has been the gentleman yield to a fellow Blue Dog Democrat, lion. It is pretty mind boggling. We from Illinois (Mr. PHELPS). We are the gentleman from Mississippi (Mr. have a tendency here in Washington to proud to have him on the floor tonight TAYLOR). think of something as 1.2 apples. No, it is 1 trillion, 200 billion, hundreds of to share his thoughts with us. b 2045 Mr. PHELPS. Mr. Speaker, I thank millions of dollars that right now hard- the gentleman from Texas (Mr. TURN- Mr. TAYLOR of Mississippi. Mr. working Americans have had taken out ER), a vibrant leader of our caucus; and Speaker, I thank the gentleman from of their paychecks since the 1980’s and we appreciate his leadership in every Texas (Mr. TURNER) for this oppor- even before with the promise as re- way in trying to bring out the truth in tunity to speak to the American people cently as the Reagan administration honest budgeting, and that is truly tonight. I would ask Members to try to when Social Security taxes were in- what we need here in Washington. remember back a year ago. A year ago creased with a Democratic House, a Re- I join my fellow Blue Dog colleagues right now the President of the United publican Senate, a Republican Presi- in voicing my concerns with the Presi- States was saying that we were going dent. They raised the amount that was dent’s budget. I support the President’s to have surpluses as far as the eye taken out of people’s paychecks for So- outline for handling the war on ter- could see, that nothing that could hap- cial Security with a solemn promise rorism, but I have concerns that the pen in Washington could keep that that that money would be set aside to domestic priorities are being somewhat from happening, and, doggone it, there use for nothing but Social Security. ignored. We can strike a fair balance ought to be tax breaks because we have The much-discussed lock box on this and reasonable balance between our all these surpluses. House floor, if you could get to that commitment to deal with terrorism Washington is awash in money. His lock box and open it up, all you would and recognizing our needs for the econ- words, not mine. Back then I said it find is an IOU for 1 trillion, 210 billion, omy. was not true. I knew it was not true hundreds of millions of dollars. They Under the President’s budget poli- then. It is certainly not true now. did the same thing with Medicare. cies, the 10-year budget surplus is re- A year ago in August, just think Again, the taxes went up on individ- duced by almost $5 trillion from what back to August, the President wanted uals. The taxes went up on employers. was expected a year ago. No doubt to give 3 million illegal aliens amnesty This happened during a Republican some of this is caused by the war on coming to the country. Now he is on President, Reagan, a Democratic terrorism and the economic downturn. the right track saying we need to House, a Republican Senate, with the However, the President’s budget cuts tighten our borders. I want to com- promise that that money would be set critical domestic funding for edu- mend him for that. aside to pay nothing but Medicare bills cation, health care, and farmers for A year ago the President had waited for when people get 65 years old and this year in order to reward corporate until the last day of July to submit his when they get sick and need some help. interests down the road. Even more, in budget for defense to the Committee on If you were to find that nonexistent order to avoid reporting deficits, the Armed Services. Most Presidents, in- lock box, all you would find is an IOU budget dips into the Social Security cluding President Clinton who was for $249,700,000,000. It is not there, not and Medicare trust funds, something he never accused of being pro-defense, one penny of it. agreed during the election would not would do it in February so we would We take money out of the folks who happen. As we Blue Dogs feared, this have a chance to look at it, to scrub it, work for our Nation, not just the folks budget will start the public debt to rise to try to make it better. here on this House floor but the folks again after reductions over the past 4 President Bush chose to make it his who are out there every day being park years and, as we expected, has already lowest priority, I am sorry to say. I rangers, the folks being border police- resulted in a request by the adminis- want to commend him when this year men, INS agents, Customs Service tration to raise the statutory debt ceil- he makes it his highest priority. I want agents. A little bit of money is taken ing. to commend him for getting right on out of their paycheck every month In my congressional district of cen- tightening our borders and not letting with the promise that it is set aside for tral and southern Illinois, domestic illegal aliens in and giving them am- their retirement. They have been doing priorities such as creating jobs, pro- nesty. it for a long time. If you would finally viding affordable health care, improv- There is one thing that the President go through the hoops and find that ac- ing schools and helping farmers are continues to do that I need to point out count and open up that box, all you critical, especially during a recession. I and say, Mr. President, you have would find is an IOU for $537,500,000,000. am concerned that if we shortchange changed your tune on two things for There is nothing there. these critical domestic needs while the better; I am hoping you will change For our military retirees it is a little running deficits and increasing the na- your tune on the third. bit different. They invest with their tional debt, we will jeopardize our Mr. President, after some soul lives. They invest with their time away long-term fiscal health and will ham- searching a couple of years ago I voted from their families. They invest with per our ability to meet future obliga- to impeach a guy who I felt lied under the thought that they could be killed tions to Social Security and Medicare, oath. We do not need to get into the de- any day at any moment, even in so- as well as our ability to pay for the tails of that, but I felt like he lied called safe places like the Pentagon, next unforeseeable crisis our Nation under oath and he did not deserve to be which we learned tragically in Sep- might encounter. President anymore. When someone tember are not safe places for Amer- Mr. Speaker, I thank the gentleman talks about non-existent surpluses, it ica’s military personnel. for this opportunity, and I appreciate is probably just as good you did not say So although they do not pay directly his leadership. that under oath. When somebody talks out of their paychecks, there is a line Mr. TURNER. Mr. Speaker, I thank about that we can go back temporarily in the defense budget every year that the gentleman for his remarks. I appre- to deficit spending, it is okay, it is contributes money to their retirement ciate the leadership that he has given probably just as good you did not say account, again, with the promise that to our Blue Dog group as we work on that under oath because I do not think it is going to be set aside and used for these and other issues in this Congress. that is true. no other purpose but to pay their re- I would like to yield now to the gen- You see, Mr. President, what you to- tirement. If you were to find that ac- tleman from Mississippi (Mr. TAYLOR). tally ignored a year ago, and you can- count all you would find is an IOU for The gentleman has been a leader in not ignore now is right now, as we $173,700,000,000.

VerDate 11-MAY-2000 03:32 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.090 pfrm04 PsN: H05PT1 H136 CONGRESSIONAL RECORD — HOUSE February 5, 2002 So when the President and the talk- Please check my figures because very gets worse as long as we continue to ing heads in the media and other folks few people in Washington will encour- borrow money. last year were talking about Wash- age you to do so. That is one of the rea- Mr. President, two things I think you ington being awash in money, I think sons why tomorrow, when people say, if ought to know. We are approaching the they were fibbing to the American peo- you vote against this motion tomorrow $5,950,000,000,000, mark which the law ple. Either they did not know the you voted for a tax increase, you know says is the Federal debt limit. You are truth, or they were misleading the what, if that guy said that under oath, rapidly getting there. This Member American people. And that is not a I would have to impeach him because will not vote to raise the debt limit. If good thing for either one of them to do. that is a lie. It is not a tax increase. It we have to tweak other budgets, if we That is why a group of us said last year is a tax decrease that has not taken have to suspend some of the tax breaks is it not more important to honor the place yet. It is a tax decrease that that have not taken place yet in order promises, now that we have finally those people who voted for it knew to fund the war on terror, I will help broke even and started having small automatically sunsets 5 years from you do that. But I will not ask my kids surpluses, to pay those bills back? now. They all go away. All the taxes and your kids and our grandkids that That is why a group of us last year that were in place 18 months ago come have yet to have been born to pay our initiated the effort to increase defense right back. bills, because no other generation of spending. It started with the Blue Dog So using their line of thought, those Americans has done that, and this gen- Coalition. Thank goodness the Presi- people who voted for it, voted for a tax eration of America cannot start that dent got on the right side of that issue increase because they all come back in bad trend. later in the year. But I certainly feel 9 years. All the way from George Washington like we helped steer him in the right The much talk about the estate tax through the Carter presidency, this Na- direction. relief that they make mention of does tion only borrowed $1 trillion. That Remember, even with the increases not really kick in until the ninth year doubled in the 8 years of the Demo- in last year’s defense budget, the pro- and goes away entirely. That means it cratic House, Republican Senate and curement accounts were short-changed comes back the tenth year. Are we Ronald Reagan was President. Look again. They were no better than under going to encourage people to commit where it is now. Bill Clinton; and as a matter of fact, suicide the ninth year because that is As the gentleman from Texas (Mr. the Bush budget asked for fewer ships the only year that has meaningful STENHOLM) jokingly says, Confucius for the United States Navy than even change? says, ‘‘When you find yourself in a Bill Clinton did. Once again, this year We propose giving people $4 million hole, quit digging.’’ It is time for our the Bush budget despite the huge in- in their estate tax free. That is a heck Nation to quit digging. It is time for creases asked for even fewer ships than of a lot of money in Mississippi. Even our Nation to get serious about paying last year. The Bush budget only asked in Texas that is a lot of money. That is our bills. It is time for your generation for five ships for the U.S. Navy. The a lot of money in Florida. That is a lot and my generation to get serious about typical life expectancy of a U.S. Navy of money in Illinois. I think that is paying our bills. Mr. President, if you send us a budg- ship is 30 years. Quick math, 150-ship fair. Because remember, a guy who is et that is not in balance, that does not Navy. out there earning $40,000 paid taxes on Just a few years ago Ronald Regan pay for this year’s needs with this everything he earns. Why does it have was trying to get us to a 600-ship Navy. year’s revenues, I cannot support it. to be so magical about money you are Just a few years ago we had a 400-ship We know how to balance the budget. given? Navy. Today our Naval fleet is 318 You know how to balance the budget. In fact, some of the most conserv- ships and only 100 of them are combat- This war is only costing one-twentieth ative commentators in America said it ants. If we accept the Bush budget, we of what we are squandering on interest is really not conservative to tell people will have a Navy fleet in short order of on the national debt. It is not the rea- that a gift ought to be tax exempt only 150 ships. son the budget is out of balance I do not think those are good prior- when earnings are not. Why should earnings be taxed higher than things ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ities. I think the priority ought to be The SPEAKER pro tempore (Mr. you are given, things that you have honesty to the American people. Re- BROWN of South Carolina). Members earned? member all the talk about Washington are reminded that the remarks in de- is awash in money? Please, someone, I want to encourage people to work. I want people to have faith that when bate should be addressed to the Chair. explain to me if Washington is awash It is not in order to direct remarks di- they go to work and pay their Social in money, the debt this year compared rectly to the President. Security taxes, that it really will be to the debt last year has increased by Mr. TURNER. Mr. Speaker, I thank $281 billion in 12 months. set aside for their Social Security; the gentleman from Mississippi (Mr. when they pay their Medicare taxes, it Now, folks will say September 11 TAYLOR) for his presentation. The gen- threw us out of whack. I will remind really will be set aside for that. For tleman has been one of the foremost you that our Nation’s budget runs from folks who work for us here, who work advocates of fiscal responsibility, bal- the first of October to the end of Sep- for the INS, the Customs Service, Fed- ancing the budget and paying down the tember. The events of September 11 eral firefighters on our military bases, debt, and we are grateful for his mem- took place exactly 20 days before the I want them to know that their retire- bership in the Blue Dog Democratic Co- end of the fiscal year. No one on Earth ment is going to be there. alition. with a straight face is going to tell you If we continue along this path of def- Another Member who has been very that almost a $100 billion deficit oc- icit after deficit, there is no guarantee active in leading the Blue Dogs and curred in the last 20 days of the year, it will be there. In fact, the chances are serves as a co-chair of the coalition is because it did not. that it will not. I will remind people our friend, the gentleman from Florida One of the things I will encourage the the most common question asked of me (Mr. BOYD). It is my pleasure to yield American people to do, because a lot of is Where does the money go? And their time to him. the numbers get thrown around in jaws hit their chest when they say the Mr. BOYD. Mr. Speaker, I thank the Washington, I want you to check my biggest expense of this Nation is not gentleman from Texas (Mr. TURNER) numbers. I want you to check my welfare. It is not foreign aid. It is not for organizing this Special Order to sources. I hope you look at http/ health care. It is not taking care of give the members of the Blue Dog Coa- www.publicdebttreasurygov/. You can kids. It is not building roads. The big- lition a chance to talk a bit about fis- look it up on your computer. They gest expense to this Nation on an an- cal responsibility. track it by the month. You can see on nual operating basis is interest on the I also want to thank the previous September 1 our Nation was well on its national debt, and it is $1 billion a day. speaker, the gentleman from Mis- way to about a $90 billion annual oper- The war against terrorism is $1 billion sissippi (Mr. TAYLOR). He has been a ating deficit. It got bigger each month a month. The cost of incompetence in forceful and long-time advocate for a of the year. That is the truth to the spending money we do not have is $1 strong national defense and also for fis- American people. billion a day. It continues and only cal responsibility. So we appreciate the

VerDate 11-MAY-2000 04:02 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.092 pfrm04 PsN: H05PT1 February 5, 2002 CONGRESSIONAL RECORD — HOUSE H137 gentleman’s long work here in the House and the Senate, and working in to get in and the spending require- House of Representatives. a bipartisan way with President Clin- ments we have, we were looking at Mr. Speaker, tonight I have a feeling ton’s administration, developed a plan, about a $5.6 trillion dollar surplus over inside somewhat like I had about 13 actually it was a seven year plan in the next 10 years, and if we had that years ago. Before I entered elected pub- 1997, which would take our Nation out kind of surplus we could almost pay off lic service, I was a business person run- of deficit spending and carry us back the total Federal debt. That was 1 year ning a family business that I had spent into fiscal responsibility. I think the ago, January 2001. 25 years in. I was extremely concerned Blue Dogs played a very important role What is that projection or forecast about the future economic health and in that debate or that deal that was today about surpluses? Four billion viability of our Nation. cut, and it just showed what can hap- dollars of that surplus has disappeared Let me remind the Members about pen when the country comes together. over the last year, projected surplus, $4 where we were in 1988. We had annual We have a problem, we figure out a way billion. There are lots of reasons for deficits, annual deficits running in the to solve it, set aside our partisan dif- that. We all know what they are. Some hundreds of billions of dollars. That ferences and work together. have to do with the natural downturn means that the government was spend- That plan was really a pretty simple in the economy that happened, some ing hundreds of billions of dollars on an plan, if put in place. Spending caps, it have to do with the September 11 trag- annual basis more than it was taking required that we ratchet down our edy and the effect it has had on our in in revenue. And that deficit was spending as we went along and that if economy, and certainly a portion has only counted after you spent all of the the economy would continue to grow to do with the economic policy that Social Security money, after you spent we would be able to get in a surplus sit- this Congress and administration put all the Social Security money which uation. in place a year ago. was supposed to be set aside for future Guess what happened. The business I would submit to my colleagues that retirees. Our accounting practices were community had great confidence that there are three very good reasons not really messed up. We did not count a the government was doing its part, to go back to deficit spending. Number deficit until we spent everything, what that we were doing our best to hold one is, and I think they are all equally we call the operating money, off-budg- down spending and that in the long run important, but number one, the best et money, and then all of the Social Se- we would get out of that deficit situa- way to continue our economic pros- curity money too. tion. As a result, the business commu- perity or economic boom that we expe- nity began to invest. The economy rienced in the 1990s is to continue to b 2100 began to boom. We had a lot of people run a surplus and to continue to pay In 1992, President George Bush was who had capital who were willing to down our Federal debt. Take pressure running for reelection. This country risk that capital in new ideas and cre- off the capital markets, interest rates that fiscal year had a $290 billion def- ative ideas. Next thing we know inter- stay low. The investment community, icit. President Bush, if my colleagues est rates begin to go down. Employ- people who have money to invest will will remember where we were back ment was higher. New job creation. We continue to have confidence that the then, we had just come out of the had rising markets everywhere. economy is going to continue to be Desert Storm, the Persian Gulf conflict Of course, everybody knows that in good and they will invest in it. in which the Iraqi government had 1992 the stock market was in the 3,000 Secondly, I think the second reason threatened some neighbors and Amer- range and maybe even below, and it is and certainly one some others have ica came to their defense and again went up in 2000, 2001 era, went up to spoken about very eloquently is that showed us leadership around the world 11,000. when we borrow money to pay for pro- and doing what was right. When we got to balance, there was a grams that we want today, we are just President Bush did a great job pros- lot of talk about lock boxes. This Con- mortgaging the future of our children ecuting that war. That happened I gress had many debates. I know we and that is not fair. That really is an think in 1990 or so, but the election in have taken numerous votes on the lock unfair thing to do. 1992 really became about the economy boxes. That was a good idea; and that Thirdly, certainly a situation that and the fact that we had a $290 billion idea was simply this, that we use what- those of us here in Washington have annual deficit, even after spending all ever surplus money we had to pay off been unable to face squarely is the So- the Social Security surpluses; and un- the Federal debt. The Federal debt was cial Security issue. We all know that employment was high, interest rates running in the five and a half trillion we are running surpluses in the Social were high, jobs were not being created. dollar range. That Federal debt, to Security trust fund now on an annual The economy was generally fairly stag- service it, was costing us, as my col- basis, but soon that will change. With- nant. leagues heard the gentleman from Mis- in about 10 years we will not run an an- That election, as I said, was much sissippi (Mr. TAYLOR) say, the largest nual surplus in the Social Security about the economy; and of course, single expense item of the Federal trust fund. We will begin to draw out of President Bush lost that election, and budget, costing us in the neighborhood that IOU that the gentleman from Mis- in the next 8 or 10 years the adminis- of $325 to $350 billion. sissippi (Mr. TAYLOR) talked about that tration, in concert with the Congress, I My contention is, as a is in that box, and we know the box is think because the country demanded businessperson, that a debt that is of not locked by now. We do. it, began to work together to solve the that high percentage of an annual We expect the baby boomers to re- economic problem, to solve this deficit budget, it was in the neighborhood of tire, and our economists and fore- problem that we had in this country. 15 to 16 percent I believe, would really casters tell us that there is going to be I ran in 1996 for the U.S. House of drag us down over a period of time, and a tremendous amount of pressure on Representatives, and I remember the we had to figure out a way to reduce our Federal Treasury to meet the re- cornerstone of that campaign was that debt. So the lock box idea was a quirements under the current Social about the economy, was about the def- very good idea, which we would be Security and Medicare law. We have to icit, the fact that this country was not forced to put Social Security surpluses prepare that, and we have not done a able to balance its books. So a lot of into reducing Federal debt and any good job of that. One of the things that that conversation and debate that we other surpluses that we might have I hope this administration and this had during the 1996 campaign was into reducing Federal debt. Congress can do this year is begin to about that. 2000 Presidential election came address the long-term Social Security When I got to Washington I was anx- along. OMB and CBO and others were reform. ious to become part of a group that was forecasting just a year ago that we I think the last issue that I would interested in fiscal responsibility, and would have a $5.6 trillion surplus over like to talk about is one of the debt so that is why I joined the Blue Dogs; the next 10 years, a $5.6 trillion sur- lending. I think the gentleman from and as my colleagues know, the leader- plus. Given the current laws that we Mississippi (Mr. TAYLOR) has addressed ship of the United States Congress, are operating on, the current expected it in a very adequate way; but I said on which was Republican in both the spending or revenues that we are going this floor last year, as others did, and

VerDate 11-MAY-2000 03:32 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.093 pfrm04 PsN: H05PT1 H138 CONGRESSIONAL RECORD — HOUSE February 5, 2002 we heard arguments, as we presented in the current recession, the long term day. All we are asking of our Repub- our Blue Dog budget, which we thought does require an intelligent and a care- lican leaders and of the President is to was a good budget that would have ful discussion of the direction this be honest with the American people; to kept us out of this mess that we are in country has taken; and to blindly fol- be sure that they are told the straight now, some argued against that budget low a path toward fiscal irrespon- story and that they too understand and ultimately defeated it on the basis sibility is going to result in debts on that it is not just the men and women that we would pay off the Federal debt the backs of our children that all of us in uniform who are having to sacrifice too quickly, that this United States will be ashamed to see. and risk their lives in fighting this Government that would pay off, if we Our Federal debt, almost $6 trillion war, but that every American has a went into the surplus and began to pay today, is increasing daily because of role to play and we all have to be will- down some of the debt, that we would the deficit spending, and as the gen- ing to sacrifice. pay off the debt too quickly and have tleman from Florida (Mr. BOYD) point- Yes, we need to cut spending in areas to pay some kind of penalty. I wish we ed out, the President, through the Sec- where we can cut it. But when we sit could even think that today. retary of the Treasury, has asked this down to draw up the Federal budget for The same folks who may have argued Congress to raise the debt ceiling $700 the American family, we ought to do it a year ago that we could not pay down billion. We were told back last June just like we do at home, and that is we the surplus because we might have to that it would not be necessary to raise ought to measure our revenues and bal- pay off the debt too quickly today the Federal debt ceiling for at least 6 ance those against our expenses. And if we do not have enough income to cover might ask us to raise the debt ceiling. or 7 years; but all of a sudden, just be- our expenses, we need to cut our ex- I have to agree with the gentleman fore the Christmas recess, we were told penses and balance our budget. Wash- from Mississippi (Mr. TAYLOR). I am that we are now going to have to raise ington has not learned that. Appar- not going to vote to raise the Federal the debt ceiling sometime in late Feb- ently, even after 3 years of returning to debt ceiling until we put a good plan in ruary or early March. fiscal responsibility and having sur- place. I think we need to go back, like I agree with the gentleman from Mis- pluses in our Federal budget, we once we did in 1997, and the President and sissippi (Mr. TAYLOR) and the gen- again are turning a blind eye to the im- the administration and the congres- tleman from Florida (Mr. BOYD), we do portance of balancing our budget. sional leaders need to sit together and not need to vote to increase the na- We believe that the President and the we need to figure out how to get out of tional debt of this country, to raise the leadership of this House have a respon- this mess together. ceiling of that debt until we have some sibility to submit to us a balanced I want to thank the gentleman from firm commitments regarding a return budget and a plan to keep us on the Texas (Mr. TURNER) for his work. I to fiscal responsibility. As we said ear- road to fiscal responsibility. That is know that he and others have orga- lier, if we continue along the path of the only way to preserve the long-term nized this event tonight; and I want to the Republican’s budget plans over the prosperity for the American people. We say to the leadership, the Republican next 10 years, based on the best esti- want to look to the longer term, to be and Democratic leadership, and to the mates we have from the Congressional sure our children and grandchildren do administration, the Blue Dogs stand Budget Office, we will increase the not inherit the reckless fiscal policies ready to work in a bipartisan way to amount of interest that we pay on our of the current generation. help us find the solutions to these national debt by a trillion dollars, over I thank the Blue Dog Democrats who problems that we are facing today. We a trillion dollars. have joined me on the floor tonight for are ready. We have got a lot of good There is a lot we could do with that this discussion on the importance of folks who understand that the country trillion dollars. As I said, we could fund fiscal responsibility. I look forward to has many needs, who understand where the President’s defense budget request the opportunity to debate this issue in its priorities are, and we want to work for 3 years straight if we could save the days ahead as we continue to work with the President and the congres- that trillion dollars. to balance the budget and to pay down sional leadership to get those problems We already spend a billion dollars a our debt and to protect the Social Se- solved. day on interest on our Federal debt. We curity trust fund for the future. I yield back to the gentleman from were told earlier that the war is cost- In closing tonight, the Blue Dogs Texas (Mr. TURNER) and thank him for ing us a billion dollars a month, con- would like to close this hour in mem- allowing me to speak. trast that, and it is very expensive to ory of Darlene Luther, the wife of our Mr. TURNER. Mr. Speaker, I appre- fight this war, and all of us believe we friend and colleague, Bill Luther. Both ciate the gentleman from Florida’s re- need to spend every dollar necessary to Bill and Darlene have been known marks and appreciate his commitment win this war; and it is currently cost- throughout the years as public serv- to fiscal discipline and fiscal responsi- ing us a billion dollars a day, but we ants, a family that served their con- bility. It does seem somewhat sur- are paying a billion dollars every time, stituents, who worked hard together to prising that in just a year’s time or billion dollars every month, but it is make America a better place, and our less than a year that our Federal finan- costing us a billion dollar every day hearts go out tonight to Bill and his cial picture could have changed so just to pay the interest on our national family in the loss of Darlene. much. debt. f I think one of the most difficult LEAVE OF ABSENCE things at work in this Congress today b 2115 is to acknowledge that the cir- Clearly, our national debt has grown By unanimous consent, leave of ab- cumstances have changed. There is too large. The interest consumes too sence was granted to: Mr. BACA (at the request of Mr. GEP- going to be a resolution on the floor to- much of our Federal budget, and we are HARDT) for today on account of inclem- morrow. It is not a law. It does not going in the wrong direction. ent weather and snow conditions can- If we had a trillion dollars in interest have any effect. It is what we call a celing his flight. savings by not increasing our national sense of the House. It is simply an ef- Mr. HALL of Texas (at the request of debt, by proceeding on the path we fort by the Republican leadership to Mr. GEPHARDT) for today on account of try to put folks on record as to whether were on and thought we were on last airport delays in Dallas. or not they are committed to the tax June, where we are not increasing the Ms. MILLENDER-MCDONALD (at the re- cut that was passed last June. national debts and in fact were headed quest of Mr. GEPHARDT) for today on I was pleased to be one who sup- towards paying it off, we could take account of official business in the dis- ported the tax cut last June, but I also that trillion dollars and save it, and we trict. understand that since last June we are could pay for 20 years of war at $1 bil- Mr. UNDERWOOD (at the request of now at war again. We are now in a pos- lion a month. Mr. GEPHARDT) for today on account of ture where we are seeing record projec- We are clearly moving back to deficit official business. tions of deficits rather than surpluses, spending, to raiding Social Security, Mr. FRELINGHUYSEN (at the request of and I think even though all of us un- and toward reckless fiscal policies that Mr. ARMEY) for today and February 6 derstand that we must not raise taxes our children will have to pay for some- on account of personal reasons.

VerDate 11-MAY-2000 03:32 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.095 pfrm04 PsN: H05PT1 February 5, 2002 CONGRESSIONAL RECORD — HOUSE H139 Mr. LUCAS of Oklahoma (at the re- (The following Members (at their own California, Yolo-Solano Air Quality Manage- quest of Mr. ARMEY) for today on ac- request) to revise and extend their re- ment District [CA 254–0318c; FRL–7132–1] re- count of weather delay. marks and include extraneous mate- ceived January 24, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Mrs. ROUKEMA (at the request of Mr. rial:) Commerce. ARMEY) for today and the balance of Mr. WELLER, for 5 minutes, today. 5343. A letter from the Principal Deputy the week on account of illness. Mr. BACHUS, for 5 minutes, today. Associate Administrator, Environmental Mr. RYAN of Wisconsin (at the re- Mr. SANDERS, for 5 minutes, today. Protection Agency, transmitting the Agen- quest of Mr. ARMEY) for today and the cy’s final rule—Revisions to the California balance of the week on account of the f State Implementation Plan, Yolo-Solano Air birth of his first child, Elizabeth Anne. Quality Management District [CA 254–0318a; BILL PRESENTED TO THE FRL–7131–9] received January 24, 2002, pursu- Mr. SHAW (at the request of Mr. PRESIDENT ant to 5 U.S.C. 801(a)(1)(A); to the Committee ARMEY) for today and the balance of Jeff Trandahl, Clerk of the House re- on Energy and Commerce. the week on account of family medical 5344. A letter from the Principal Deputy reasons. ports that on February 5, 2002 he pre- Associate Administrator, Environmental sented to the President of the United Protection Agency, transmitting the Agen- f States, for his approval, the following cy’s final rule—Approval and Promulgation SPECIAL ORDERS GRANTED bill. of State Plans for Designated Facilities and H.R. 400. To authorize the Secretary of the Pollutants; States of Kansas, Missouri, and By unanimous consent, permission to Interior to establish the Ronald Reagan Boy- Nebraska [FRL–7134–7] received January 24, address the House, following the legis- hood Home National Historic Site, and for 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the lative program and any special orders other purposes. Committee on Energy and Commerce. heretofore entered, was granted to: 5345. A letter from the Associate Chief, Ac- f counting Policy Division, Federal Commu- (The following Members (at the re- nications Commission, transmitting the quest of Mr. STARK) to revise and ex- ADJOURNMENT Commission’s final rule—Billed Party Pref- tend their remarks and include extra- Mr. TURNER. Mr. Speaker, I move erence for InterLATA 0 Calls [CC Docket No. neous material:) 92–77] received January 16, 2002, pursuant to that the House do now adjourn. Ms. NORTON, for 5 minutes, today. 5 U.S.C. 801(a)(1)(A); to the Committee on The motion was agreed to; accord- Mr. STARK, for 5 minutes, today. Energy and Commerce. ingly (at 9 o’clock and 18 minutes 5346. A letter from the Acting Chief, Policy Ms. LEE, for 5 minutes, today. p.m.), the House adjourned until to- and Rules Division, Federal Communications Mr. BERMAN, for 5 minutes, today. morrow, Wednesday, February 6, 2002, Commission, transmitting the Commission’s Ms. ESHOO, for 5 minutes, today. at 10 a.m. final rule—Amendment of Part 2 of the Com- Mr. FARR of California, for 5 minutes, mission’s Rules to Allocate Spectrum Below today. f 3 GHz for Mobile and Fixed Services to Sup- port the Introduction of New Advanced Wire- Mr. HONDA, for 5 minutes, today. EXECUTIVE COMMUNICATIONS, less Services, including Third Generation Ms. LOFGREN, for 5 minutes, today. ETC. Wireless Systems [ET Docket No. 00–258]; Ms. ROYBAL-ALLARD, for 5 minutes, Amendment of the U.S. Table of Frequency today. Under clause 8 of rule XII, executive Allocations to Designate the 2500–2520/2670– communications were taken from the Ms. SANCHEZ, for 5 minutes, today. 2690 MHz Frequency Bands for the Mobile- Speaker’s table and referred as follows: Satellite Service [RM–9911] received January Mr. SHERMAN, for 5 minutes, today. 5338. A letter from the Legislative and Reg- 16, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to Mr. GEORGE MILLER of California, for the Committee on Energy and Commerce. 5 minutes, today. ulatory Activities Division, Department of the Treasury, transmitting the Department’s 5347. A letter from the Senior Legal Advi- Mrs. DAVIS of California, for 5 min- final rule—Capital; Leverage and Risk-Based sor, WTB, Federal Communications Commis- utes, today. Capital Guidelines; Capital Adequacy Guide- sion, transmitting the Commission’s final Mrs. CLAYTON, for 5 minutes, today. lines; Capital Maintenance: Nonfinancial Eq- rule—Revision of Part 22 and Part 90 Of the uity Investments [Docket No. 02–01] (RIN: Commission’s Rules to Facilitate Future De- Mrs. MEEK of Florida, for 5 minutes, velopment of Paging Systems [WT Docket today. 1557–AB14) received January 29, 2002, pursu- ant to 5 U.S.C. 801(a)(1)(A); to the Committee No. 96–18]; Implementation of Section 309(j) Ms. MILLENDER-MCDONALD, for 5 min- Of the Communications Act—Competitive on Financial Services. utes, today. Bidding [PR Docket No. 93–253] received Jan- 5339. A letter from the Legislative and Reg- Ms. WOOLSEY, for 5 minutes, today. uary 16, 2002, pursuant to 5 U.S.C. ulatory Activities Division, Department of 801(a)(1)(A); to the Committee on Energy and Mrs. CAPPS, for 5 minutes, today. the Treasury, transmitting the Department’s Commerce. Mr. SCHIFF, for 5 minutes, today. final rule—International Banking Activities: 5348. A letter from the Acting Chief, Policy Mr. FILNER, for 5 minutes, today. Capital Equivalency Deposits [Docket No. and Rules Division, Federal Communications 02–02] (RIN: 1557–AC05) received January 29, Mr. WEINER, for 5 minutes, today. Commission, transmitting the Commission’s 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. SANDLIN, for 5 minutes, today. final rule— Authorization and Use of Soft- Committee on Financial Services. ware Defined Radios [ET Docket No. 00–47] Mr. CUMMINGS, for 5 minutes, today. 5340. A letter from the Principal Deputy received January 16, 2002, pursuant to 5 Mr. BLUMENAUER, for 5 minutes, Associate Administrator, Environmental U.S.C. 801(a)(1)(A); to the Committee on En- today. Protection Agency, transmitting the Agen- ergy and Commerce. Mr. OWENS, for 5 minutes, today. cy’s final rule—Approval of Section 112(I) 5349. A letter from the Senior Legal Advi- Authority for Hazardous Air Pollutants and Ms. SCHAKOWSKY, for 5 minutes, sor to the Bureau Chief, Mass Media Bureau, the Chemical Accident Prevention Provi- today. Federal Communications Commission, trans- sions; Allegheny County; Health Department mitting the Commission’s final rule— (The following Members (at the re- [PA001–1002; FRL–7135–3] received January Amendment of Section 73.606(b), Table of Al- quest of Mr. RAMSTAD) to revise and ex- 24, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to lotments, Television Broadcast Stations tend their remarks and include extra- the Committee on Energy and Commerce. (Destin, Florida) [MM Docket No. 01–171, neous material:) 5341. A letter from the Principal Deputy RM–10158] received January 16, 2002, pursu- Mr. MORAN of Kansas, for 5 minutes, Associate Administrator, Environmental ant to 5 U.S.C. 801(a)(1)(A); to the Committee today. Protection Agency, transmitting the Agen- on Energy and Commerce. cy’s final rule—Approval of Section 112(I) 5350. A letter from the Senior Legal Advi- Mr. GANSKE, for 5 minutes, February Authority for Hazardous Air Pollutants; City sor to the Bureau Chief, Mass Media Bureau, 6 and 7. of Philadelphia; Department of Public Federal Communications Commission, trans- Mr. WALDEN of Oregon, for 5 minutes, Health Air Management Services [PA001– mitting the Commission’s final rule— today. 1001; FRL–7134–9] received January 24, 2002, Amendment of Section 73.622(b), Table of Al- Mr. KIRK, for 5 minutes, today. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- lotments, Digital Television Broadcast Sta- mittee on Energy and Commerce. Mr. RAMSTAD, for 5 minutes, today. tions (Calumet, Michigan) [MM Docket No. 5342. A letter from the Principal Deputy 01–166, RM–10182] received January 16, 2002, Mr. HERGER, for 5 minutes, February Associate Administrator, Environmental pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 6. Protection Agency, transmitting the Agen- mittee on Energy and Commerce. Mr. DIAZ-BALART, for 5 minutes, Feb- cy’s final rule—Interim Final Determination 5351. A letter from the Senior Legal Advi- ruary 6. that State has Corrected the Deficiencies in sor to the Bureau Chief, Mass Media Bureau,

VerDate 11-MAY-2000 04:06 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.098 pfrm04 PsN: H05PT1 H140 CONGRESSIONAL RECORD — HOUSE February 5, 2002

Federal Communications Commission, trans- 08] (RIN: 2120–AA64) received January 24, Ms. LEE, Mr. THOMPSON of California, mitting the Commission’s final rule— 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mrs. MALONEY of New York, Mr. Amendment of Section 73.622(b), Table of Al- Committee on Transportation and Infra- TOWNS, Ms. BROWN of Florida, Ms. lotments, Digital Television Broadcast Sta- structure. JACKSON-LEE of Texas, Mrs. MCCAR- tions (New Orleans, Louisiana) [MM Docket 5360. A letter from the Program Analyst, THY of New York, Ms. WOOLSEY, Ms. No. 01–164, RM–10135] received January 16, FAA, Department of Transportation, trans- NORTON, Mr. ABERCROMBIE, Mr. BER- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the mitting the Department’s final rule—Air- MAN, and Mr. MCGOVERN): Committee on Energy and Commerce. worthiness Directives; Eurocopter France H.R. 3675. A bill to amend titles XIX and 5352. A letter from the Senior Legal Advi- Model AS 332C, L, L1, and L2 Helicopters XXI of the Social Security Act to improve sor to the Bureau Chief, Mass Media Bureau, [Docket No. 99–SW–78–AD; Amendment 39– the coverage of needy children under the Federal Communications Commission, trans- 12560; AD 2001–25–07] (RIN: 2120–AA64) re- State Children’s Health Insurance Program mitting the Commission’s final rule— ceived January 24, 2002, pursuant to 5 U.S.C. (SCHIP) and the Medicaid Program; to the Amendment of Section 73.606(b), Table of Al- 801(a)(1)(A); to the Committee on Transpor- Committee on Energy and Commerce. lotments, Television Broadcast Stations tation and Infrastructure. By Ms. DEGETTE (for herself and Mrs. (International Falls and Chisholm, Min- 5361. A letter from the Program Analyst, BONO): nesota) [MM Docket No. 01–87, RM–10092] re- FAA, Department of Transportation, trans- ceived January 16, 2002, pursuant to 5 U.S.C. mitting the Department’s final rule—Crimi- H.R. 3676. A bill to amend titles V, XVIII, 801(a)(1)(A); to the Committee on Energy and nal History Records Checks [Docket No. and XIX of the Social Security Act to pro- Commerce. FAA–2001–10999; Amdt. Nos. 107–14 and 108–19] mote tobacco use cessation under the medi- 5353. A letter from the Senior Legal Advi- (RIN: 2120–AH53) received January 31, 2002, care program, the Medicare Program, and sor to the Bureau Chief, Mass Media Bureau, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the maternal and child health program; to Federal Communications Commission, trans- mittee on Transportation and Infrastruc- the Committee on Energy and Commerce, mitting the Commission’s final rule— ture. and in addition to the Committee on Ways Amendment of Section 73.202(b), Table of Al- 5362. A letter from the Director, Office of and Means, for a period to be subsequently lotments, FM Broadcast Stations (Nogales, Regulations Management, Department of determined by the Speaker, in each case for Vail and Patagonia, Arizona) [MM Docket Veterans’ Affairs, transmitting the Depart- consideration of such provisions as fall with- No. 00–31, RM–9815, RM–10014, RM–10095] re- ment’s final rule—Diseases Specific to Radi- in the jurisdiction of the committee con- ceived January 16, 2002, pursuant to 5 U.S.C. ation-Exposed Veterans (RIN: 2900–AK64) re- cerned. 801(a)(1)(A); to the Committee on Energy and ceived January 23, 2002, pursuant to 5 U.S.C. By Mr. ENGLISH: Commerce. 801(a)(1)(A); to the Committee on Veterans’ H.R. 3677. A bill to amend title I of the Em- 5354. A letter from the Senior Legal Advi- Affairs. ployee Retirement Income Security Act of sor to Bureau Chief, Mass Media Bureau, 5363. A letter from the Chief, Regulations 1974 and the Internal Revenue Code of 1986 to Federal Communications Commission, trans- Division, ATF, Department of Treasury, provide new protections under applicable fi- mitting the Commission’s final rule— transmitting the Department’s final rule— duciary rules for participants and bene- Amendment of Section 73.202(b), Table of Al- Hard Cider, Semi-Generic Wine Designa- ficiaries under 401(k) plans and to provide for lotments, FM Broadcast Stations (Barnwell, tions, and Wholesale Liquor Dealers’ Signs 3-year vesting of elective deferrals under South Carolina, and Pembroke, Douglas, (97–2523) [T.D. ATF–470 RE: T.D. ATF–398, such plans; to the Committee on Education Willacooche, Statesboro, Pulaski, East Dub- Notice No. 859, Notice No. 869, T.D. ATF–418, and the Workforce, and in addition to the lin, Swainsboro and Twin City Georgia) [MM Notice No. 881 and T.D. ATF–430] received Committee on Ways and Means, for a period Docket No. 00–18, RM–9790] received January January 25, 2002, pursuant to 5 U.S.C. to be subsequently determined by the Speak- 16, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to 801(a)(1)(A); to the Committee on Ways and er, in each case for consideration of such pro- the Committee on Energy and Commerce. Means. 5355. A letter from the Senior Legal Advi- visions as fall within the jurisdiction of the sor to the Bureau Chief, Mass Media Bureau, f committee concerned. By Mr. GRAHAM: Federal Communications Commission, trans- REPORTS OF COMMITTEES ON mitting the Commission’s final rule— PUBLIC BILLS AND RESOLUTIONS H.R. 3678. A bill to amend the Fair Labor Amendment of Section 73.202(b), Table of Al- Standards Act of 1938 to clarify the exemp- lotments, FM Broadcast Stations (Detroit Under clause 2 of rule XIII, reports of tion from the minimum wage and overtime Lakes and Barnesville, Minnesota, and committees were delivered to the Clerk compensation requirements of that Act for Enderlin, North Dakota) [MM Docket No. 00– for printing and reference to the proper certain construction engineering and design 53, RM–9823, RM–9950] received January 16, calendar, as follows: professionals; to the Committee on Edu- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the cation and the Workforce. Mr. HASTINGS of Washington: Committee Committee on Energy and Commerce. By Mr. GUTIERREZ: 5356. A letter from the Senior Legal Advi- on Rules. House Resolution 342. Resolution H.R. 3679. A bill to prohibit the possession sor to the Bureau Chief, Mass Media Bureau, providing for the consideration of motions to or transfer of junk guns, also known as Sat- Federal Communications Commission, trans- suspend the rules (Rept. 107–356). Referred to urday Night Specials; to the Committee on mitting the Commission’s final rule— the House Calendar. the Judiciary. Amendment of Section 73.202(b), Table of Al- Mr. DIAZ-BALART: Committee on Rules. By Ms. HART: lotments, FM Broadcast Stations (Paonia House Resolution 343. Resolution providing and Olathe, Colorado) [MM Docket No. 98– for consideration of the bill (H.R. 3394) to au- H.R. 3680. A bill to amend the Federal Elec- 188, RM–9346, RM–9656, RM–9657] received thorize funding for computer and network tion Campaign Act of 1971 to require persons January 16, 2002, pursuant to 5 U.S.C. security research and development and re- who make disbursements for certain elec- 801(a)(1)(A); to the Committee on Energy and search fellowship programs, and for other tioneering communications and certain mass Commerce. purposes (Rept. 107–357). Referred to the communications to file information with the 5357. A letter from the Acting Director, House Calendar. Federal Election Commission regarding the Fish and Wildlife Service, Department of the f source of the funds used for the disburse- Interior, transmitting the Department’s ments, and for other purposes; to the Com- final rule—Endangered and Threatened Wild- PUBLIC BILLS AND RESOLUTIONS mittee on House Administration. life and Plants; Endangered Status for Carex Under clause 2 of rule XII, public By Ms. HOOLEY of Oregon (for herself lutea (Golden Sedge)(RIN: 1018–AF68) re- bills and resolutions of the following and Mr. WALDEN of Oregon): ceived January 22, 2002, pursuant to 5 U.S.C. titles were introduced and severally re- H.R. 3681. A bill to amend the Omnibus 801(a)(1)(A); to the Committee on Resources. Crime Control and Safe Streets Act of 1968 to 5358. A letter from the Acting Director, Of- ferred, as follows: make volunteer members of the Civil Air Pa- fice of Sustainable Fisheries, NMFS, Na- By Mr. SAXTON: trol eligible for Public Safety Officer death tional Oceanic and Atmospheric Administra- H.R. 3673. A bill to amend the Federal benefits; to the Committee on the Judiciary. tion, transmitting the Administration’s final Water Pollution Control Act relating to ma- By Ms. LEE: rule—Fisheries of the Economic Exclusive rine sanitation devices; to the Committee on Zone Off Alaska; Trawl Gear in the Gulf of Transportation and Infrastructure. H.R. 3682. A bill to establish a living wage, Alaska [Docket No. 010112013–1013–01; I.D. By Mr. CANNON: jobs for all policy for all peoples in the 101901D] received January 25, 2002, pursuant H.R. 3674. A bill to amend title 18 of the United States and its territories, and for to 5 U.S.C. 801(a)(1)(A); to the Committee on United States Code to correct a technical other purposes; to the Committee on Edu- Resources. error in the codification of title 36 of the cation and the Workforce, and in addition to 5359. A letter from the Program Analyst, United States Code; to the Committee on the the Committees on the Budget, Armed Serv- FAA, Department of Transportation, trans- Judiciary. ices, and Rules, for a period to be subse- mitting the Department’s final rule—Air- By Ms. DEGETTE (for herself, Mr. quently determined by the Speaker, in each worthiness Directives; Eurocopter France PALLONE, Mr. BALDACCI, Mr. case for consideration of such provisions as Model EC 120 Helicopters [Docket No. 2001– SERRANO, Mr. HINCHEY, Mrs. CAPPS, fall within the jurisdiction of the committee SW–23–AD; Amendment 39–12524; AD 2001–24– Ms. ROYBAL-ALLARD, Mr. CROWLEY, concerned.

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By Mr. MATHESON: WATTS of Oklahoma, Ms. PRYCE of H.R. 952: Mr. CRAMER. H.R. 3683. A bill to authorize the national Ohio, Mrs. CUBIN, Mr. COX, Mr. TOM H.R. 990: Mr. WILSON of South Carolina and Institute of Standards and Technology to as- DAVIS of Virginia, Mr. BLUNT, Ms. Mr. FORBES. sist in the development of reliable and valid DUNN, Mr. GRAHAM, Mr. WICKER, Mr. H.R. 997: Mr. SHOWS. tests for banned performance-enhancing sub- STUMP, Mr. SESSIONS, Mr. CRANE, Mr. H.R. 1172: Mrs. NORTHRUP. stances and to establish a research program GIBBONS, Mr. MCKEON, Mr. OXLEY, H.R. 1247: Mr. DAVIS of Illinois. on the long-term consequences of the use of Mr. SENSENBRENNER, Mr. PLATTS, Mr. H.R. 1296: Mr. STUMP and Mrs. THURMAN. such performance-enhancing substances; to KNOLLENBERG, Mr. GOODLATTE, Mr. H.R. 1307: Mr. ISRAEL. the Committee on Science, and in addition SCHROCK, Mr. GRUCCI, Mr. TIBERI, Mr. H.R. 1322: Mrs. LOWEY, Mr. ROTHMAN, and to the Committee on Energy and Commerce, BROWN of South Carolina, Mr. RILEY, Mr. HOEFFEL. for a period to be subsequently determined Mr. SHAW, Mr. CRENSHAW, Mr. BARR H.R. 1354: Ms. MILLENDER-MCDONALD and by the Speaker, in each case for consider- of Georgia, Mrs. WILSON of New Mex- Mr. FATTAH. ation of such provisions as fall within the ju- ico, Mr. KENNEDY of Minnesota, Mr. H.R. 1377: Mr. WILSON of South Carolina risdiction of the committee concerned. FRELINGHUYSEN, Mr. CANTOR, Ms. and Ms. HARMAN. H.R. 1421: Mr. ENGLISH, Mr. WELDON of By Mr. SIMMONS (for himself, Ms. HART, Mrs. BIGGERT, Mr. KIRK, Mr. Pennsylvania, Mr. TIBERI, Mr. GREENWOOD, HART, Mr. KOLBE, Mr. MANZULLO, Mr. BOOZMAN, Mr. DEMINT, Mr. JONES of Ms. VELAZQUEZ, Ms. NORTON, and Mr. REYES. LATOURETTE, Mr. FORBES, and Mr. North Carolina, Mr. GANSKE, Mr. H.R. 1520: Mr. KING, Mr. BENTSEN, Mr. MAT- PLATTS): WILSON of South Carolina, and Mr. SUI, Ms. DELAURO, Mr. BACHUS, Ms. LEE, and H.R. 3684. A bill to amend the Social Secu- JEFF MILLER of Florida): rity Act establish an outpatient prescription H. Con. Res. 312. Concurrent resolution ex- Mr. OBERSTAR. H.R. 1556: Mr. CUNNINGHAM and Mr. SCHAF- drug assistance program for low-income pressing the sense of the House of Represent- FER. Medicare beneficiaries; to the Committee on atives that the scheduled tax relief provided H.R. 1609: Mr. GRAVES. Ways and Means, and in addition to the Com- for by the Economic Growth and Tax Relief H.R. 1711: Mr. INSLEE, Mr. BLUMENAUER, mittee on Energy and Commerce, for a pe- Reconciliation Act of 2001 passed by a bipar- and Mr. DICKS. riod to be subsequently determined by the tisan majority in Congress should not be sus- H.R. 1764: Mr. GUTIERREZ. Speaker, in each case for consideration of pended or repealed; to the Committee on such provisions as fall within the jurisdic- H.R. 1779: Mr. FERGUSON. Ways and Means. tion of the committee concerned. H.R. 1786: Mr. BEREUTER. By Mr. CROWLEY (for himself, Mr. By Mr. SMITH of New Jersey: H.R. 1795: Mr. SHIMKUS, Mr. TIBERI, Mr. DIAZ-BALART, Mr. BALLENGER, Mr. H.R. 3685. A bill to amend the Internal Rev- TURNER, Mr. DOYLE, Mr. UPTON, Mr. WELLER, FOLEY, Mr. RAMSTAD, Mr. PORTMAN, enue Code of 1986 to allow a refundable credit and Mr. JOHNSON of Illinois. Mr. HASTINGS of Florida, Mr. against income tax for educational expenses H.R. 1797: Mr. FOLEY. HOEFFEL, Mr. LEACH, Mr. SMITH of incurred for each qualifying child of the tax- H.R. 1828: Mr. SNYDER. New Jersey, Mr. ACKERMAN, Mr. payer in attending public or private elemen- H.R. 1841: Mr. ISRAEL and Mr. WEINER. HONDA, Mr. LANTOS, Mr. WEINER, Mr. tary or secondary school; to the Committee H.R. 2037: Mr. LAMPSON, Mr. THORNBERRY, WEXLER, Ms. ROYBAL-ALLARD, Ms. on Ways and Means. Mr. CALLAHAN, Mr. NUSSLE, Mr. LOBIONDO, KAPTUR, and Mr. CANTOR): By Mr. STEARNS (for himself, Mr. Mr. TANNER, and Mr. GREEN of Texas. H. Con. Res. 313. Concurrent resolution ex- PITTS, Mr. SMITH of New Jersey, Mr. H.R. 2074: Mr. ABERCROMBIE. pressing the sense of Congress regarding the DEMINT, Mr. SCHAFFER, Mr. PICK- H.R. 2207: Mr. VISCLOSKY. crash of Transporte Aereo Militar H.R. 2308: Mr. CRAMER. ERING, Ms. MILLENDER-MCDONALD, Ecuatoriano (TAME) Flight 120 on January H.R. 2339: Mr. ABERCROMBIE. Mr. FORBES, Mr. TAYLOR of Mis- 28, 2002; to the Committee on International H.R. 2340: Ms. NORTON. sissippi, Mr. FERGUSON, Mrs. JO ANN Relations. H.R. 2341: Mr. TOM DAVIS of Virginia. DAVIS of Virginia, Mr. By Mr. GRUCCI: H.R. 2484: Mr. KILDEE, Mr. MATSUI, Ms. FALEOMAVAEGA, Mr. WILSON of South H. Con. Res. 314. Concurrent resolution rec- NORTON, Mrs. MINK of Hawaii, and Mr. SIM- Carolina, Mr. PENCE, Mr. BAKER, Mr. ognizing the members of AMVETS for their MONS. VITTER, Mr. UNDERWOOD, and Mr. service to the Nation and supporting the H.R. 2550: Mr. BLAGOJEVICH and Ms. FOLEY): SCHAKOWSKY. H.R. 3686. A bill to authorize the Secretary goal of AMVETS National Charter Day; to H.R. 2629: Mr. MATSUI, Mr. QUINN, Mr. WIL- of Health and Human Services to make the Committee on Veterans’ Affairs. SON of South Carolina, Mr. KENNEDY of grants to nonprofit tax-exempt organizations f Rhode Island, and Mr. DOYLE. for the purchase of ultrasound equipment to H.R. 2674: Mr. FRANK, Mr. LARSON of Con- provide free examinations to pregnant ADDITIONAL SPONSORS necticut, Mr. HOLT, Mr. ANDREWS, Mr. TRAFI- women needing such services, and for other Under clause 7 of rule XII, sponsors CANT, Mr. OBERSTAR, Mr. BOUCHER, and Mr. purposes; to the Committee on Energy and were added to public bills and resolu- WYNN. Commerce. H.R. 2695: Mr. TOM DAVIS of Virginia, Mr. By Mr. COX (for himself, Mr. ARMEY, tions as follows: MCINNIS, Mr. WELLER, Mr. CUNNINGHAM, Mr. Mr. BURTON of Indiana, Mr. SHADEGG, H.R. 15: Mr. BARR of Georgia. CHAMBLISS, Mr. OTTER, Mr. SAM JOHNSON of Mr. SESSIONS, Mr. VITTER, Mr. H.R. 154: Mr. WILSON of South Carolina. Texas, and Mr. SIMPSON. FLAKE, Mr. BARTLETT of Maryland, H.R. 162: Mr. DAVIS of Florida. H.R. 2723: Mr. BACA. H.R. 183: Mr. ISRAEL, Ms. BROWN of Florida, Mr. GARY G. MILLER of California, H.R. 2795: Mr. HASTINGS of Washington and and Mr. STARK. Mr. PENCE, Mr. STEARNS, Mr. OTTER, Mr. OTTER. H.R. 394: Mr. WILSON of South Carolina and Mr. GRAHAM, Mr. KELLER, Mr. SAM H.R. 2817: Mr. ENGLISH. ORBES JOHNSON of Texas, Mr. TANCREDO, Mr. Mr. F . H.R. 2820: Mr. NEAL of Massachusetts, Mr. HOMPSON SMITH of New Jersey, Mr. SCHAFFER, H.R. 440: Mr. T of California, Mr. CROWLEY, Mrs. JONES of Ohio, Mr. SCHROCK, BERSTAR C NNIS Mr. SKEEN, Mr. TIAHRT, Mr. CRANE, O , and Mr. M I . Mrs. EMERSON, Mr. ACKERMAN, Mr. FROST, ARRETT ILDEE Mr. DELAY, Mr. JONES of North Caro- H.R. 488: Mr. B , Mr. K , Ms. Mr. FARR of California, Mr. GORDON, and Mr. OFGREN OOLSEY lina, Mr. BUYER, Ms. HART, Mr. AKIN, L , and Ms. W . DEUTSCH. Mr. CHABOT, Mr. RYUN of Kansas, Mr. H.R. 632: Ms. KILPATRICK and Ms. BROWN of H.R. 2822: Mr. WELDON of Florida. ROHRABACHER, Mr. HOEKSTRA, Mr. Florida. H.R. 2823: Mr. WELDON of Florida. BARR of Georgia, Mr. GREEN of Wis- H.R. 656: Mr. OTTER. H.R. 2824: Mr. WELDON of Florida. consin, Mr. HAYWORTH, Mr. DEMINT, H.R. 658: Mr. NETHERCUTT, Mr. BARCIA, Mr. H.R. 2846: Mr. SOUDER. Mr. FOLEY, Mr. SAXTON, Mr. BROWN TANNER, and Mr. GREEN of Wisconsin. H.R. 2931: Mr. MANZULLO, Mr. BARR of of South Carolina, Mrs. CUBIN, Mr. H.R. 664: Mr. VITTER, Mr. FORBES, Mr. WIL- Georgia, and Mr. RYUN of Kansas. CANTOR, Mr. JEFF MILLER of Florida, SON of South Carolina, and Mrs. NORTHUP. H.R. 3058: Mr. ISRAEL, Mr. RANGEL, Mr. Mr. HUNTER, Mr. FOSSELLA, Mr. H.R. 747: Mr. FRANK. TIBERI, Mr. HASTINGS of Florida, Mr. LUTHER, SOUDER, Mr. BOOZMAN, Mr. ISSA, Mrs. H.R. 774: Mr. WILSON of South Carolina and Mr. COYNE, Mrs. MYRICK, and Mr. JACKSON of JO ANN DAVIS of Virginia, Mr. KING, Mr. KILDEE. Illinois. Mr. TIBERI, Mr. CULBERSON, Mr. H.R. 776: Mr. WILSON of South Carolina. H.R. 3068: Mr. EHRLICH. KERNS, Mr. CAMP, Mr. PETERSON of H.R. 826: Mr. REYNOLDS, Mr. DOOLITTLE, H.R. 3113: Mr. WATT of North Carolina, Ms. Minnesota, Mr. SWEENEY, Mr. and Mr. OTTER. WATSON OF CALIFORNIA, Mr. THOMPSON of HOSTELLER, Mr. GUTKNECHT, Mr. H.R. 854: Mr. DAVIS of Florida, Mr. OXLEY, Mississippi, Ms. JACKSON-LEE of Texas, and FARR of California, Mr. THOMAS, Mrs. Mr. WILSON of South Carolina, Mr. Ms. KILPATRICK. BIGGERT and Mr. ROYCE): CUNNINGHAM, and Mr. UDALL of Colorado. H.R. 3130: Mr. HOLT. H.J. Res. 82. Joint resolution recognizing H.R. 948: Mr. SCHIFF, Mr. HONDA, Mr. H.R. 3131: Mr. COBLE, Mr. BOUCHER, Mr. the 91st birthday of Ronald Reagan; to the LANGEVIN, Mr. WATT of North Carolina, and KUCINICH, Mr. RAMSTAD, and Mr. COYNE. Committee on Government Reform. Mrs. Napolitano. H.R. 3149: Mr. HOEKSTRA and Mr. TURNER. By Mr. BACHUS (for himself, Mr. H.R. 951: Mr. WILSON of South Carolina, H.R. 3192: Mr. LATOURETTE, Mr. WICKER, WELLER, Mr. ARMEY, Mr. DELAY, Mr. Mr. CUNNINGHAM, and Mr. QUINN. Mr. CRANE, Mr. REGULA, Mr. SKEEN, Mr.

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CULBERSON, Mr. BROWN of South Carolina, H.R. 3475: Mr. BARR of Georgia. H. Con. Res. 238: Mr. FILNER. Mr. HERGER, Mr. OXLEY, Mr. PLATTS, and Mr. H.R. 3498: Mrs. THURMAN. H. Con. Res. 269: Mr. COYNE, Ms. BERKLEY, WALDEN of Oregon. H.R. 3505: Ms. ESHOO, Ms. HARMAN, Ms. Mr. DOYLE, and Mr. HOLT. LOFGREN, and Mr. LANTOS. H.R. 3215: Mr. BARR of Georgia. H. Con. Res. 284: Mr. BALDACCI. H.R. 3229: Mr. STENHOLM. H.R. 3524: Ms. MCKINNEY. H. Con. Res. 285: Ms. CARSON of Indiana, H.R. 3230: Ms. HARMAN. H.R. 3565: Mr. MCNULTY, Mr. ABERCROMBIE, H.R. 3231: Mr. BACHUS, Mr. FRELINGHUYSEN, Mr. STUPAK, Mr. DOYLE, Mr. WYNN, and Ms. Ms. SCHAKOWSKY, Mr. DINGELL, Mr. SABO, Mr. LINDER, Mr. BONILLA, Mr. CALLAHAN, and NORTON. Mr. LANTOS, and Ms. MCCOLLUM. Mr. LEWIS of Kentucky. H.R. 3569: Mr. LATOURETTE, Mr. GILCHREST, H. Con. Res. 290: Mrs. CLAYTON. H.R. 3236: Mr. RAHALL and Mr. LANGEVIN. Mr. PAUL, and Mr. OBERSTAR. H. Con. Res. 298: Mr. MCNULTY. H.R. 3238: Mr. LARSON of Connecticut, Mr. H.R. 3580: Mr. PICKERING and Mr. ENGEL. H. Con. Res. 305: Mr. NEY and Ms. DUNN. HAYS LANGEVIN, Mr. ROTHMAN, Mr. UDALL of Colo- H.R. 3584: Mr. S . H. Con. Res. 295: Mr. TOM DAVIS of Vir- rado, and Mr. MARKEY. H.R. 3618: Mr. ETHERIDGE and Mrs. THUR- ginia. H.R. 3250: Ms. KAPTUR. MAN. H. Con. Res. 325: Mr. MCGOVERN and Mr. H.R. 3279: Ms. SCHAKOWSKY. H.R. 3623: Mr. FRANK and Mr. FROST. H.R. 3280: Ms. LEE. H.R. 3634: Mr. SOUDER, Mr. CROWLEY, Mr. FROST. H.R. 3289: Mr. KUCINICH and Mr. GIBBONS. SAXTON, Ms. BERKLEY, Ms. HART, Mr. H.R. 3328: Mr. TURNER. SCHROCK, Mr. BARTLETT of Maryland, Mr. f H.R. 3331: Mr. FALEOMAVAEGA. PLATTS, Mr. PENCE, Mr. ISRAEL, Mr. ENGLISH, H.R. 3337: Mr. CLAY, Mr. FOSSELLA, Ms. Mr. FROST, Mr. REYNOLDS, Mr. FERGUSON, AMENDMENTS MCKINNEY, Mr. TIBERI, and Mr. PASTOR. and Mr. WELLER. H.R. 3352: Mr. STUPAK and Mr. LUCAS of H.R. 3626: Mr. SNYDER and Mr. PALLONE. Kentucky. Under clause 8 of rule XVIII, pro- H.R. 3644: Mrs. JONES of Ohio. posed amendments were submitted as H.R. 3368: Mrs. MALONEY of New York. H.R. 3645: Mrs. MINK of Hawaii and Mr. H.R. 3414: Mr. SNYDER and Mr. UNDERWOOD. BROWN of Ohio. follows: H.R. 3424: Mr. MICA, Mr. WOLF, Mr. DOO- H.R. 3661: Mr. BRADY of Texas, Mr. WILSON H.R. 3394 LITTLE, Ms. MILLENDER-MCDONALD, Mr. SHU- of South Carolina, Mr. KILDEE, Mr. STER, Mr. BERMAN, Mr. HINOJOSA, Mr. FARR OFFERED BY: MR. HASTINGS OF FLORIDA LATOURETTE, Mr. GRAVES, and Mr. FOLEY. of California, Mr. PETRI, Mr. RADANOVICH, H.R. 3670: Mr. BLUMENAUER, Mr. INSLEE, AMENDMENT NO. 1: At the end of the bill, Mrs. NORTHUP, Mr. MATSUI, Ms. NORTON, and Mr. GEORGE MILLER of California, Mr. FROST, insert the following new section: Mr. WEXLER. Mr. STENHOLM, Mr. CROWLEY, Mr. ABER- SEC. 13. MINORITY PARTICIPATION. H.R. 3437: Ms. MILLENDER-MCDONALD, Mr. CROMBIE, Mr. STRICKLAND, Mr. MORAN of Vir- WILSON of South Carolina, and Mr. LAMPSON. In carrying out the programs authorized ginia, Mr. BECERRA, Ms. NORTON, Ms. KAP- H.R. 3450: Mr. UDALL of Colorado, Mr. LAN- by this Act and the amendments made by TUR, Mr. BOUCHER, and Mr. COSTELLO. TOS, Mr. GUTIERREZ, Mr. BRADY of Pennsyl- this Act, the Director and the Director of the H.J. Res. 6: Mr. ISRAEL. National Institute of Standards and Tech- vania, Ms. SOLIS, Mr. CLYBURN, Mr. ENGEL, H.J. Res. 23: Mr. BACHUS and Mr. PORTMAN. nology shall ensure that— Mr. HINCHEY, Mr. PRICE of North Carolina, H. Con. Res. 99: Mr. OBERSTAR and Ms. Mrs. JOHNSON of Connecticut, Mrs. MALONEY JACKSON-LEE of Texas. (1) at least 10 percent of the fellowships of New York, Mr. MATSUI, Mr. UNDERWOOD, H. Con. Res. 104: Mr. UDALL of Colorado awarded to individuals are awarded to indi- Mr. WAMP, Mr. WEXLER, Mr. KILDEE, Mr. and Mr. MENENDEZ. viduals who are a member of an underrep- WYNN, Mr. DICKS, MS. WATSON of California, H. Con. Res. 164: Mr. COSTELLO and Mr. resented minority; and Mr. HASTINGS of Florida, Mr. LANGEVIN, Ms. HOLT. (2) at least 5 percent of the grants made to PELOSI, Mr. GOODE, Mr. NUSSLE, Mr. PUTNAM, H. Con. Res. 177: Mr. COSTELLO and Mr. FIL- institutions of higher education are made to and Mr. FOLEY. NER. historically black colleges and universities.

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Vol. 148 WASHINGTON, TUESDAY, FEBRUARY 5, 2002 No. 7 Senate The Senate met at 10 a.m. and was united, strong, efficient, and equal to SCHEDULE called to order by the Honorable HERB her tasks. Mr. REID. Mr. President, this morn- KOHL, a Senator from the State of Wis- As we resolve to stand united as a ing, after a brief period of morning consin. country, dear Lord, we pray the prayer business, at 10:15 a.m. the Senate will The PRESIDING OFFICER. The Sen- that is written in the hearts of every proceed to executive session to con- ate will be led in prayer by our guest American: ‘‘God bless America, land sider the nomination of Philip Mar- Chaplain, CPT Leroy Gilbert, Chaplain that I love, stand beside her and guide tinez to be a United States district of the U.S. Coast Guard. her, through the night with the light judge. Debate on the nomination is from above. From the mountain to the limited to 15 minutes equally divided. PRAYER prairies, to the ocean white with foam. At 10:30 a.m., the Senate will vote on Let us pray. God bless America our home sweet the confirmation of this nomination. Eternal God, before the United home.’’ In Thy name we pray. Amen. Following that vote, the Senate will States Senate begins its deliberation, resume debate on the economic recov- f we pause to give You thanks and in- ery stimulus package. Other votes are voke Your blessings and presence upon PLEDGE OF ALLEGIANCE expected today with respect to that the Senators, their staffs, and all those bill. As a reminder to Members, cloture who work in the Senate, as they trans- The Honorable HERB KOHL led the has been filed on the Daschle and oth- act the business of our Nation. Pledge of Allegiance, as follows: ers substitute amendment. All first-de- Lord, we are thankful for our system I pledge allegiance to the Flag of the gree amendments must be filed by 12:30 of government where opinions and di- United States of America, and to the Repub- p.m. today. In addition, the Senate will vergent views are discussed and ana- lic for which it stands, one nation under God, recess at 12:30 p.m. for the weekly indivisible, with liberty and justice for all. lyzed to form synergistic policies that party conferences. are best for our country. Dear God, may the words of the f f psalmist, ‘‘blessed is the nation whose RESERVATION OF LEADER TIME APPOINTMENT OF ACTING God is the Lord’’ (Psalm 33:12), remind PRESIDENT PRO TEMPORE The ACTING PRESIDENT pro tem- us that America has a divine calling to pore. Under the previous order, leader- be a ‘‘nation under God.’’ May we never The PRESIDING OFFICER. The ship time is reserved. clerk will please read a communication forget the foundation upon which this f Nation was built, sustained, and to the Senate from the President pro blessed, because Your word gives us tempore (Mr. BYRD). MORNING BUSINESS wisdom to know that ‘‘all the nations The assistant legislative clerk read The ACTING PRESIDENT pro tem- that forget God return to the grave.’’— the following letter: pore. Under the previous order, there Psalm 9:17. We come before You today, U.S. SENATE, will now be a period for the transaction dear God, as a nation that has not for- PRESIDENT PRO TEMPORE, of morning business not to extend be- gotten its allegiance and motto, ‘‘In Washington, DC, February 5, 2002. yond the hour of 10:15 a.m., with Sen- God We Trust.’’ May every decision To the Senate: Under the provisions of rule I, paragraph 3, ators permitted to speak therein for up made in the Senate bring honor to God of the Standing Rules of the Senate, I hereby to 5 minutes each. and make of us a stronger, better, and appoint the Honorable HERB KOHL, a Senator The Chair recognizes the Senator safer Nation. from the State of Wisconsin, to perform the from Nevada. Lord, this Nation is faced with new duties of the Chair. Mr. REID. Mr. President, I ask unan- and unexpected challenges that jeop- ROBERT C. BYRD, imous consent that the next 10 minutes ardize the American way of life, our President pro tempore. be equally divided between the minor- safety, and liberty. Many have said Mr. KOHL thereupon assumed the ity and majority. that after September 11, America will chair as Acting President pro tempore. The ACTING PRESIDENT pro tem- never be the same. If this great Nation pore. Without objection, it is so or- has to change, then Lord, mold Amer- f dered. ica and make it even greater. Change Mr. REID. Mr. President, I ask the us to bring out the best in us for the RECOGNITION OF THE ACTING Chair to inform me when I have used good of humanity. Bless the Senators MAJORITY LEADER the 5 minutes. with spiritual wisdom and insight to The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- make good decisions to keep America pore. The Senator from Nevada. pore. The Chair will do so.

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

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VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S312 CONGRESSIONAL RECORD — SENATE February 5, 2002 THE BUDGET icit, even after the tax cuts of last I yield the floor. Mr. REID. Mr. President, I think it is year, we are still going to have a level Mr. THOMAS. Mr. President, has the important to note, with the President of taxation that is as high as we had in time for morning business expired? having submitted to us his budget, that World War II. The war on terrorism is The ACTING PRESIDENT pro tem- we have had a $5 trillion surplus dis- taking our resources because, obvi- pore. Under morning business, the time appear in the last 8 months. ously, we have to put every resource for the minority has expired. Earlier this month, the Congres- we can into winning the war or it Mr. THOMAS. I thank the Chair. sional Budget Office confirmed that might not be won. And we are still Mrs. HUTCHISON. Mr. President, is since passage of the tax cut in May, the going to have a level of taxation that it in order now to talk about Judge surplus projected for the period of 2002 was similar to the times of other wars. Phil Martinez? to 2011 declined by $4 trillion. The The benchmark we use is World War II, f when taxes were at about 20.6 percent President’s new tax-and-spend pro- EXECUTIVE SESSION posals would consume another $1.3 tril- of gross national product. lion or more over this period. I ought to correct myself. At the end I acknowledge that some of this is as of 10 years, we would probably still NOMINATION OF PHILIP R. MAR- a result of the war being conducted, have taxes a bit less than they were in TINEZ TO BE UNITED STATES but that is just some of it. As all polit- World War II. But right now, they are DISTRICT JUDGE ical scientists and economists have re- at that level, even considering the tax The ACTING PRESIDENT pro tem- ported in the last few months, the ma- cuts we passed. pore. The Senate will now proceed to jority of the problem is other economic The war on terrorism has been one of executive session to consider the fol- problems that have developed since the reasons we are in deficit. Also, the lowing nomination, which the clerk this administration took office. It is tax cuts are a reason there will be defi- will report. clear that the Republican fiscal man- cits. There are deficits because of the The assistant legislative clerk read agement forces a $1.5 trillion raid of recession we are in right now, most of the nomination of Philip R. Martinez, the Social Security trust funds. There which was caused by the war acts of of Texas, to be United States District is also a raid on the Medicare trust September 11, but also remember that Judge for the Western District of funds of some $300 billion. the downturn in the economy, as far as Texas. So I think we must acknowledge we manufacturing is concerned, started 19 The ACTING PRESIDENT pro tem- have some serious problems that are months ago, in March of the last year pore. Under the previous order, there going to have to be talked about in the of President Clinton’s administration. will now be 15 minutes evenly divided next month or so as we get ready to do Also remember that 50 percent of the between the chairman and ranking a budget for this Congress. loss of the Nasdaq took place in the We have what should be called decep- last year of the Clinton administra- member of the Judiciary Committee. tive bookkeeping. We have broken the tion. As far as the economy is con- Who yields time? bipartisan commitment to save Social cerned, the downturn started before The Senator from Texas is recog- Security trust fund surpluses. The ad- President Bush ever took office, before nized. ministration has submitted to us an we ever knew that the dastardly acts Mrs. HUTCHISON. Mr. President, I unbalanced budget. Clearly it is unbal- which occurred on September 11 would am sure the distinguished chairman of anced. And they have used the Social ever happen to us. the committee will be here shortly. I Security surpluses to mask the unprec- I want to comment on a fact that is am very pleased that I am the first per- edented fiscal reversal seen in the last true, that this does affect Social Secu- son to speak on behalf of Judge Phil 8 months and to pay for exploding tax rity. In a unified budget, Social Secu- Martinez to be a United States District cuts that primarily benefit a wealthy rity is considered part of the deficit or Judge for the Western District of few while jeopardizing retirement secu- part of the surplus, but it is wrong to Texas. rity for all Americans. refer to a situation for Social Security Of all the courts in the country that In addition to this deceptive account- different now than a year ago when we are desperate for judges, those on the ing practice, the administration’s anticipated a $5.8 trillion surplus. United States-Mexico border have the budget breaks with a decade-long tradi- This is a historical fact about Social most critical need. According to statis- tion by only providing details for the Security that has never changed since tics from 2000, the Western District of next 5 years, even as the administra- 1936: Whether we have a unified budget, Texas handles the most criminal cases tion offers new tax-and-spend proposals which we have had since 1967 when in the country, 4,434 per year, while the with enormous costs that are not felt President Johnson instituted it, or Southern District of Texas, for which until later years. The reason they are whether we have separate pots of Randy Crane awaits confirmation, has not doing the 10-year forecast is that money—some for Social Security, some the third highest level after Califor- the deficits explode in those outyears. for Medicare, some for disability, some nia’s Southern District. This gimmick hides the full budgetary for highways, some for airports—our Currently, the Western District of impact and irresponsibility of the ad- different trust funds, the way Social Texas is facing a criminal caseload of ministration’s fiscal proposals. Security has been accounted for has 1,983 pending cases and 2,758 defendants The budget also resorts to other—for not changed since 1936. It is this sim- waiting for trial because we do not lack of a better description—gimmicks. ple: Since 1936, the Social Security have these judgeships filled. Examples include unrealistic restraints payroll money has been paid into a In El Paso, 884 cases are pending on future nondefense discretionary trust fund. That trust fund has had overall, more than any other region in spending, unspecified future Medicare some sort of a surplus since 1936 except the district. Each day, more cases are cuts, and proposing budget cuts that for the years 1982 and 1983. My col- added, overwhelming an already over- have been repeatedly rejected. leagues will remember, at that par- burdened Western District. Relief is Mr. President, I reserve the remain- ticular time when we did not have a needed. der of the majority’s time. surplus, we borrowed money from Our war against terrorism is heating The ACTING PRESIDENT pro tem- Medicare to keep Social Security up as well as our war on drugs. There- pore. The Senator from Iowa. checks going until we bailed it out. fore, it is more crucial that we have Mr. GRASSLEY. Mr. President, I Since 1936, Social Security moneys highly qualified judges and law en- would like to make some comments in have always been handled the same forcement officials in charge of our jus- relation to the remarks the Senator way. They have been put in the Social tice system along the United States- from Nevada just made—not in dis- Security trust fund and the surplus has Mexico border. This is a decisive time agreement with anything he said, but been invested in non-marketable Gov- for our Nation and our borders. to supplement them and to put them in ernment securities. That has not Senator DIANNE FEINSTEIN and I have proper perspective. changed since 1936, whether we have introduced a bill to expand the number In regard to tax cuts and the war on had unified accounting or whatever the of Federal courts along the border. terrorism and their impact on the def- situation has been. While I encourage Senators to support

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S313 that bill, I also urge my colleagues to consecutive terms thereafter. Clearly, I appreciate, Mr. President, that you expedite the confirmation of border he has the experience and temperament are a member of Judiciary Committee, prosecutors and other judges such as required for this position. and I just want to remark on your fine Judge Martinez and Randy Crane. While I am speaking about Judge work on the committee through the At the same time, certainly we must Martinez’s qualifications, I would be years. be very careful with the selection of remiss not to make an observation or With that, I yield the floor and sug- U.S. district judges because, as we all two about how judge Martinez’s nomi- gest the absence of a quorum. know, they have lifetime appoint- nation fits into the bigger picture of The ACTING PRESIDENT pro tem- ments. That is why I am very pleased how the Senate is treating judicial pore. The clerk will call the roll. to recommend Judge Martinez. nominees this year. As I mentioned 10 The assistant legislative clerk pro- Judge Martinez has presided over a days ago, I think we started off the ses- ceeded to call the roll. State district court in El Paso since sion with appropriate diligence. Chair- Mr. THOMAS. Mr. President, I ask 1991. Previously, he was a judge of a man LEAHY scheduled a hearing the unanimous consent that the order for county court at law, having been elect- first week we were in session on one the quorum call be rescinded. ed by the people of El Paso. He has also circuit court nominee and five district been a practicing lawyer with the firm court nominees. That same week we The ACTING PRESIDENT pro tem- of Kemp, Smith, an excellent firm in El voted on two district court nominees pore. Without objection, it is so or- Paso. He has more than 10 years of ex- that had been held over from the end of dered. perience at the trial court level, pre- the last session. Mr. THOMAS. Mr. President, I ask siding over felony, juvenile, and civil Yesterday we had a vote on Callie V. we move forward with the vote. cases. In 1979, Judge Martinez grad- Granade, and after today there will be The ACTING PRESIDENT pro tem- uated from the University of Texas-El no more holdovers from last year. So I pore. All time having expired, the ques- Paso with highest honors, receiving his commend the chairman and the Demo- tion is, Will the Senate advise and con- law degree in 1982 from Harvard Uni- cratic leader for getting off to a good sent to the nomination of Philip R. versity. start. Martinez, to be a U.S. District Judge In addition, he has been a director of Judge Martinez’s nomination also for the Western District of Texas? On the El Paso Legal Assistance Society, provides a useful example of how, con- this question, the yeas and nays have the El Paso Holocaust Museum, the El trary to some unsupported insinu- been ordered. The clerk will call the Paso Cancer Treatment Center, and the ations, the White House has worked roll. Hispanic Leadership Institute. He was with us, consulted appropriately, and The assistant legislative clerk called named the 1991–1992 El Paso Young reached across the aisle to find good bi- the roll. Lawyers Association’s ‘‘Outstanding partisan nominees. Judge Martinez, Mr. REID. I announce that the Sen- Young Lawyer’’ after winning its 1990 who belongs to the El Paso County ator from Massachusetts (Mr. KERRY) Outstanding Achievement Award. Democratic Party, received strong sup- and the Senator from Georgia (Mr. Judge Martinez is known in El Paso port from both of his home State Sen- MILLER) are necessarily absent. as a brilliant thinker and an effective ators. He is a highly qualified Hispanic Mr. NICKLES. I announce that the and hard worker. He is known to make of Mexican descent who will add an im- Senator from Tennessee (Mr. THOMP- fair and thoughtful judgment based on portant point of view to the bench. SON), the Senator from Arizona (Mr. principle. I cannot think of anyone to I sincerely hope that our record so MCCAIN), the Senator from Pennsyl- better fill the pending judicial vacancy far this year is not a false start. The vania (Mr. SPECTER), the Senator from in El Paso at a pivotal time for this Judiciary Committee in the Senate Mississippi (Mr. LOTT), and the Senator court. should continue to step up the pace of from Mississippi (Mr. COCHRAN) are I am very pleased to recommend to hearings and votes on judicial nomi- necessarily absent. nees. No one can dispute that we have my colleagues Judge Phil Martinez to The result was announced—yeas 93, plenty of work to do. be a United States district judge for nays 0, as follows: the Western District in El Paso. Taking account of today’s vote, there Thank you, Mr. President. I yield the are 98 vacancies on the Federal judici- [Rollcall Vote No. 12 Ex.] floor. ary. We have received 24 new nomina- YEAS—93 The ACTING PRESIDENT pro tem- tions already this year. Added to the 34 Akaka Domenici Lieberman pore. The Chair recognizes the Senator nominees after today who saw no com- Allard Dorgan Lincoln mittee action last session, we will now Allen Durbin Lugar from Utah. Baucus Edwards McConnell Mr. HATCH. Mr. President, I join in have a total of 59 nominees pending in Bayh Ensign Mikulski the remarks of the distinguished Sen- the Senate. I am optimistic that we Bennett Enzi Murkowski ator from Texas, and I rise also to ex- will confirm all of these and then some. Biden Feingold Murray Bingaman Feinstein Nelson (FL) press my enthusiastic support for Phil- Our yardstick for 2002, President Bond Fitzgerald Nelson (NE) ip R. Martinez who has been nominated Bush’s second year in office, is 1994, the Boxer Frist Nickles to be a U.S. District Court judge for second year of President Clinton’s first Breaux Graham Reed the Western District of Texas. term. That year the Senate confirmed Brownback Gramm Reid Bunning Grassley Roberts Judge Martinez is an extremely well- 100 judicial nominees. I am confident Burns Gregg Rockefeller qualified nominee who has distin- the Republicans and Democrats can Byrd Hagel Santorum guished himself with hard work, and he work together to achieve and perhaps Campbell Harkin Sarbanes Cantwell Hatch Schumer has a fine intellect. He will do great even hopefully exceed 100 confirma- Carnahan Helms Sessions service for the citizens of our country. tions in 2002. Carper Hollings Shelby Judge Martinez graduated from Har- So I look forward to working to- Chafee Hutchinson Smith (NH) vard Law School in 1982 and thereafter gether with Chairman LEAHY and my Cleland Hutchison Smith (OR) Clinton Inhofe Snowe developed a commercial litigation colleagues on both sides of the aisle Collins Inouye Stabenow practice involving antitrust, securities and on both sides of the committee to Conrad Jeffords Stevens fraud, deceptive trade practices, con- accomplish this goal. I appreciate the Corzine Johnson Thomas Craig Kennedy Thurmond tract, and, of course, banking issues. work of my colleagues on the other Crapo Kohl Torricelli He was elected to serve as a judge in El side in doing this work, because the Daschle Kyl Voinovich Paso County Court of Law No. 1 for a 4- Federal judiciary is in a crisis and we Dayton Landrieu Warner year term beginning in January 1991, have to do something about it. The DeWine Leahy Wellstone Dodd Levin Wyden and he resigned this position in Octo- best we can do is take these nominees ber 1991 to accept appointment by the up and vote on them and hopefully get NOT VOTING—7 Governor to the 327th Judicial District them confirmed so they can get on the Cochran McCain Thompson Court. He was subsequently elected to bench and help us during this time of Kerry Miller this position for a 2-year term begin- crisis where we do have an awful lot of Lott Specter ning in January 1993 and reelected for pressure on the Federal judiciary. The nomination was confirmed.

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S314 CONGRESSIONAL RECORD — SENATE February 5, 2002 The PRESIDING OFFICER. Under ergy Committee that the matter not be We have had a bill in since over a the previous order, the motion to re- taken up before the Energy Committee. year ago, a comprehensive energy bill. consider is laid on the table. The Presi- One can only wonder why. We can look forward to the debate and dent shall be immediately notified of Obviously, there are portions of the proceed with amendments to the ma- the Senate’s action. energy bill with which the majority jority leader’s bill. We can consider f leader disagrees. I can understand that. substitutions. But I want my col- But to circumvent the committee proc- leagues to know that the committee of LEGISLATIVE SESSION ess is what I find unacceptable. jurisdiction has been circumvented, The PRESIDING OFFICER. Under Let me give you another example of with no reasonable explanation. Yet the previous order, the Senate will re- an inconsistency associated with the the other committees have been al- turn to legislative session. energy bill; that is, certain tax incen- lowed to proceed. Mr. REID. Mr. President, I suggest tives that are proposed to expand our I do not know whether to pursue this the absence of a quorum. energy production, particularly in the further, in the sense of asking my col- The PRESIDING OFFICER. The area of renewables and new technology. leagues, collectively, if this is the way clerk will call the roll. The Finance Committee, which Sen- they believe the Senate should be run The assistant legislative clerk pro- ator BAUCUS chairs, is in the process of or whether we should proceed with a ceeded to call the roll. holding markups, in detail, on portions sense of the Senate relative to one Mr. MURKOWSKI. Mr. President, I of energy-related tax matters. So here committee, for all practical purposes, ask unanimous consent that the order we have two committees, neither of ostracized by the majority leader by which have the underlying jurisdiction for the quorum call be rescinded. not allowing the committee of jurisdic- associated with the energy bill, and The PRESIDING OFFICER. Without tion to take up this matter. But I com- their chairmen are proceeding with objection, it is so ordered. municate to my colleagues that I be- hearings on their portions of the en- Mr. MURKOWSKI. Mr. President, I lieve this is a grave injustice. It is a re- ergy bill; namely, those associated ask unanimous consent to speak in flection on myself and it is a reflection with tax provisions in the Finance morning business for about 5 minutes. on the committee chairman, inasmuch Committee and those associated with The PRESIDING OFFICER. Without as our responsibility has been cir- CAFE standards in the Commerce Com- objection, it is so ordered. cumvented. The majority leader has mittee. f So I would ask the majority leader simply decided, without the input of CONSIDERATION OF THE ENERGY why he refuses to allow the committee the committee of jurisdiction, to pro- BILL of jurisdiction to hold markups to en- ceed with this legislation coming up on the floor. Mr. MURKOWSKI. Mr. President, as courage the participation of members of the committee to review, if you will, I encourage my colleagues to reflect ranking member of the Energy and on what is happening. I think it is a re- Natural Resources Committee, I bring or have any input in the bill that is be- fore the Senate as submitted by the treat from tradition. I find it very ob- to the attention of my colleagues a sit- jectionable, and I cannot understand uation which I think bears some light. majority leader. This bill has had no referrals to the why the majority leader would ob- We have a unique set of cir- struct the process associated with the cumstances surrounding the manner in Energy Committee. It has had abso- lutely no input from the minority responsibility of a committee of juris- which the energy bill is likely to come side—Republican members—of that diction. up before the Senate. I understand that committee. I fail to understand the ra- Mr. President, I am going to have unofficially a date has been set for tionale of the majority leader in refus- more to say about this matter as time February 11. ing to allow the committee of jurisdic- goes on, but I do appreciate the oppor- What we have before us is a bill that tion to hold a markup. Perhaps there is tunity, in morning business, to bring has been proposed by the majority a concern the majority leader has rel- this matter to the attention of my col- leader with the assistance of the chair- ative to how any votes would go out- leagues. man of the committee, Senator BINGA- side of the parameters of the legisla- I yield the floor and suggest the ab- MAN. The problem with the process is tion which he and Senator BINGAMAN sence of a quorum. that bill has not been referred to the have introduced. The PRESIDING OFFICER. The committee of jurisdiction; that is, the I think it is also a reflection on my- clerk will call the roll. Energy and Natural Resources Com- self, as the ranking member, and Sen- The legislative clerk proceeded to mittee. ator BINGAMAN, as the chairman of the call the roll. The question is, Why in the normal committee, to have our committee cir- Mr. KYL. Mr. President, I ask unani- course of events would a bill under the cumvented by the dictate of the major- mous consent that the order for the jurisdiction of the committee not be ity leader. Yet at the same time the quorum call be rescinded. referred to that committee? To suggest majority leader, I assume, is knowl- The PRESIDING OFFICER. Without that there is an effort to obstruct the edgeable and allows the Committee of objection, it is so ordered. process by giving Members input on Commerce and the Committee of Fi- Mr. REID. Will the Senator withhold the bill through the normal process of nance to address their portions of legis- for a unanimous consent request? amendments is a travesty of the proc- lation that would be included in the Mr. KYL. Certainly. ess associated with the traditions of underlying bill. The PRESIDING OFFICER. The Sen- the Senate. I bring this matter to the attention ator from Nevada. Let me outline where the inconsist- of other Members because I think it f encies are. suggests that clearly the majority The Commerce Committee is holding leader is attempting to obstruct the MORNING BUSINESS markups on aspects of the energy bill legislative process. This bill belongs in Mr. REID. Mr. President, I have been concerning CAFE standards, as they the Energy Committee. The Energy speaking at some length this morning should. Senator HOLLINGS, chairman of Committee has every right to proceed with Senator NICKLES. We also spent that committee, insisted that prior to to discuss and consider aspects of this some time with Senator GRASSLEY and any developed input on an energy bill very important legislation. After all, the majority leader. It would be in ev- CAFE standards be addressed in the this is one of the President’s under- eryone’s interest for the next hour to committee of jurisdiction; namely, lying priorities, along with trade legis- continue with discussions off the floor Commerce. I have no objection to that. lation and stimulus. And now that the dealing with the stimulus package and That is quite appropriate. But it brings majority leader has given us an oppor- also with the agriculture bill, which we me back to the reality that the com- tunity to have a date to take up en- hope can be brought up in the near fu- mittee of jurisdiction on the under- ergy—namely, the date of February 11 ture. Those discussions are ongoing. lying bill has not been given the oppor- —we find ourselves in the position I think the discussions have been tunity. In fact, the majority leader has where we have had absolutely no input conducted in good faith. We have spent indicated to the chairman of the En- in this legislation. a lot of time on this economic stimulus

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S315 bill, and not being in the Chamber de- of the death tax to which the Senator encapsulated in the current state of bating and offering amendments I do from Oklahoma just referred. As my the death tax legislation. not think is going to take away from colleagues will remember, of course, More planning is needed now because our ability to do the bill or not do the the repeal of the death tax was part of nobody knows for sure if and when it bill. We already have pending—I do not the tax package that was passed earlier will ever be fully repealed. know the exact number—probably 20 in the year, but because of the unique The sunset provision adds to the amendments we have not disposed of. procedures of the Senate and the rules complexity of future death tax plan- Mr. President, I ask unanimous con- under which we operate, we could only ning, increasing wasteful costs that are sent that the Senate now proceed to a look to a 10-year period, as a result of an unproductive drag on our economy. period for morning business, with Sen- which, perversely, we phase down the Until permanent repeal is certain, fam- ators permitted to speak for up to 10 death tax and end up repealing it in the ily businesses, farms, and ranches must minutes each, until 12:30 p.m. when we ninth year, so it is only effective for 1 continue to pay the high cost of life in- recess for our party conferences. year before the whole thing sunsets surance policies, death tax planners, The PRESIDING OFFICER. Is there and we go right back to the current sit- and tax attorneys. These expenses objection? uation with respect to the application total more than $12 billion a year ac- Mr. NICKLES. Mr. President, reserv- of the death tax. cording to CONSAD Research Corpora- ing the right to object. I do not think most Americans real- tion in a study, ‘‘The Federal Estate The PRESIDING OFFICER. The Sen- ize that is what has happened, but peo- Tax: An Analysis of Three Prominent ator from Oklahoma. ple who have to plan for their estates Issues.’’ That is money that could be Mr. NICKLES. Mr. President, at this do realize it has happened. This is why saved, could be reinvested in these time, I tell my friend and colleague, I a permanent repeal of the death tax businesses to create the kinds of job will not object because I have a great now would be so helpful as a stimulus opportunities the President is talking deal of respect for him. We are ready to to the economy because all of the es- about in urging us to move on with an proceed with a lot of amendments on tate tax planning, the insurance, and economic stimulus and job creation the stimulus bill. My colleague from all the other activities people have to package. Arizona has an amendment to make do to provide against the possibility of Clearly, burying the death tax will the estate tax elimination permanent. paying the death tax must continue, as enable family businesses, farms, and As people know, it is effective for 1 it has in the last many years, with the ranches to begin investing those bil- year and goes off the books; it sunsets. uncertainty of knowing whether or lions and start providing more stim- It should be made permanent. We have not, if ever, it is going to be perma- ulus. A more efficient utilization of other amendments dealing with net off- nently repealed and the expenses of all these resources will result in an imme- set carryback for 5 years. We would that have to continue to be incurred, diate stimulus for the economy. More like to have a vote on that amendment. expenses that could be put into invest- workers will be hired, more capital as- We have amendments that we believe ments so we could create jobs for our sets purchased, and more productive will help stimulate the economy. We economy, precisely what the President goods produced if we eliminate the con- would like to have votes on them. has talked about doing with his stim- fusion over the death tax’s repeal. I guess we can go into a period for ulus package. I think we all understand why we re- morning business, have the caucuses, It is time for us to complete the job pealed the death tax in the first in- and people can strategize. Democrats we began and see to it that the repeal stance. In addition to the fact that a and Republicans do have several of the death tax is, in fact, permanent huge amount of money is spent on es- amendments pending. Frankly, a lot of and, therefore, meaningful. tate tax planning, studies indicate we us would like to vote on those amend- Let me note some of the uncertainty spend about the same amount each ments to improve the package the ma- that the lack of total repeal causes our year on the estate tax planning as is jority leader introduced, which we be- family businesses, our farms, and indi- paid in estate taxes altogether. So it is lieve comes up a little short. viduals. really a double taxation. We are paying I am not going to object to his re- As I said, the business owners are an amount of money to deal with the quest for a period for morning business. going to continue to have to do the es- eventuality of paying an estate tax, My understanding is we can debate the tate planning that is costly, cum- and that is paid by a lot of people who stimulus package through that period. bersome, and time consuming. If we re- do not end up paying the tax but end But I hope we will have a chance for peal permanently the death tax, then up having to pay the expenses of deal- Democrats and Republicans to offer these resources can be reinvested di- ing with the existence of a death tax, their amendments later today and to- rectly into these businesses, thus cre- and then an equal amount of money is morrow. So I mention to my colleague, ating new job opportunities and pro- spent in the estate tax itself. who is my very good friend, that we viding a much needed boost to local In 2009, families, frankly, who are want to have some votes to improve economies. grieving their lost ones will be faced this package today, but I shall not ob- In June 2001, a bipartisan majority of with a potentially high 45-percent ject to his request. Congress did, in fact, act responsibly death tax rate. Fortunately, they are Mr. KYL. Mr. President, reserving and provided this repeal of the death going to be able to utilize a $3.5 million the right to object. tax, much needed relief to our Amer- death tax exemption which was en- The PRESIDING OFFICER. The Sen- ican families, with that historic tax acted into law last year, but in 2010 ator from Arizona. package. But if we do not finish the families grieving for lost ones will Mr. KYL. Mr. President, I have a job, we are going to be held in limbo avoid the death tax entirely. They will question for the Senator from Nevada. with respect to the death tax because only have a total of $5.6 million of We are going back on the bill imme- it comes right back into play after the stepped-up basis, but that will effec- diately after our respective caucuses; is end of the 10-year period. tively exempt them from all future that correct? The amendment I have offered will capital gains tax, a tax in any event of Mr. REID. That is the regular order. not be voted on until perhaps this which they would control the timing. Mr. KYL. I do not object. afternoon. It will repeal the death tax Then in 2011, families grieving their The PRESIDING OFFICER. Without forever so that our children and grand- lost ones will feel the wrath of a resur- objection, it is so ordered. children will not have to worry about rected death tax returned to its 2001 The PRESIDING OFFICER. The Sen- it or plan to have to pay for it. rate potency. Rates will be as high as ator from Arizona. Actually, last year’s tax legislation 60 percent with a paltry $675,000 death f has had the perverse result that more tax exemption. That is the way our re- planning is necessary to deal with the peal, at midpoint of last year, worked. REPEAL OF THE DEATH TAX death tax than currently is the case. So it is a very unfair and arbitrary Mr. KYL. Mr. President, given the Accountants, lawyers, and insurance treatment for the death of family fact we are in morning business, I wish companies are having a field day, members, as well as, as I said before, to speak to the question of the repeal frankly, with the uncertainty that is creating perverse economic incentives.

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S316 CONGRESSIONAL RECORD — SENATE February 5, 2002 One can only imagine the extremes One better not wait to die the fol- years, we have paid down on the na- to which a family will go to keep fa- lowing year if they want to get the ad- tional debt in the last 4 years on a rel- tally ill family members alive in 2009. vantage of what we did. That is a per- ative basis. But conservatives might be Nobody wants to predict or argue for verse policy. So I urge my colleagues concerned that there is no concern anyone to die in any particular year, to allow this vote, up or down, on the about fiscal discipline when it comes to and that is exactly the perverse nature death tax amendment. We will be Social Security. But, in fact, there is of the code that we have created now. bringing it up this afternoon. no new policy in town. Unless one dies in the year 2010, they I am looking forward to a spirited de- The point I make is since Social Se- have a big problem. And for heaven’s bate on it. At the conclusion of that curity was started in 1936, except for sake, do not wait to die until the year debate, we need to stand up for what is about 18 months in the years 1982 and 2011. Now what kind of tax policy is right and true and vote yes or no. If my 1983, it has had a positive cashflow, that, where we say if one dies in the colleagues do not want to make it per- more money coming in from the Social year 2010 they get full benefits of re- manent, then stand up and say so and Security payroll tax than has been paid peal but if they hang on to life and die let everybody know exactly where they out in benefits. As we anticipate that a year later they are right back to stand. for the future, that will be true for an- where they were a year ago with a 60- I think the majority of us are going other 14 years, or so. percent tax rate and an exemption that to want to finish the job we started, So for people who read this state- does not cover most of the family farm- make this tax cut permanent, allow ment by Congressman SPRATT—and I ers and businesses that we are talking the people who otherwise would have quote: When it comes to waging war on about? That is horrible moral policy. It to spend $12 billion a year or more on terrorism, the President has our total is horrible economic policy. It cannot estate planning to put that money into support, but national security and be the policy of the U.S. Government more productive enterprises, to create homeland security need not come at and yet that is exactly what our repeal jobs and help us get out of the eco- the expense of Social Security—I say it last year resulted in, the reinstitution nomic doldrums our country is in is not coming at the expense of Social of the tax in the year 2010. It is an out- today. Security. Nothing has changed on So- rage that our Tax Code would incor- It is good policy for the economy but, cial Security since 1936. We have a porate such arbitrary and immoral in- more importantly, it is good policy for positive cashflow today. We have had a centives. small businesses, farms, and the Amer- positive cashflow every year except for Of course that is not what we in- ican people. 18 months in 1982 and 1983, and we will tended when we repealed the tax. It is The PRESIDING OFFICER. The Sen- have a positive cashflow in Social Se- not what we intended when a bipar- ator from Iowa. curity for at least another 13 or 14 tisan majority voted on that repeal and years. National security and homeland passed it. We really wanted it to be for- Mr. GRASSLEY. Is there a time limit on morning business? security are not coming at the expense ever, but again it was the rules of the of Social Security, I say to the distin- Senate that limited us to a 10-year pro- The PRESIDING OFFICER. Up to 10 guished Congressman in the other gram. So the best solution would be to minutes. Mr. GRASSLEY. I ask unanimous body. finish the job and permanently repeal Since we still have a positive the death tax effective January 1, 2002. consent to have 15 minutes. The PRESIDING OFFICER. Without cashflow in the year 2002, and we had a By making the tax repeal permanent in positive cashflow starting when the tax 2010, Congress can keep the promise it objection, it is so ordered. f was first implemented, except for those made last year. I think this is the only 2 years, what happens with Social Se- moral way we can respond to this very BENEFITS OF THE 2001 TAX curity money? The disposition of So- immoral tax. RELIEF BILL cial Security money is the same today, I will have more to say when we ac- last year, and years we have been run- tually debate the amendment, but I Mr. GRASSLEY. Mr. President, I close by asking my colleagues to allow refer to an article on page 6 of the ning a surplus in the unified budget, us to present this amendment and have Washington Post this morning where and for a long time back. The surplus an up-or-down vote on it without play- there is a quote from colleagues in this is invested in Treasury bonds because ing parliamentary games. It is possible body and in the other body about the those are considered the safest invest- that somebody could second degree this President’s budget. I refer to this com- ment for retirees. They draw interest. amendment. We could play the game ment from the ranking Democrat on The interest accrues to the benefit of by second degreeing it. We could sec- the House Budget Committee, Con- Social Security. That positive cashflow ond degree somebody else’s amendment gressman SPRATT: invested in Treasury bonds, plus the in- with this amendment. We can do all of When it comes to waging a war on ter- terest that is accrued, is going to be those things, but I think the American rorism, the President has our total support, used to pay Social Security benefits people would like for us not to be play- but national security and homeland security when there is a negative cashflow in need not come at the expense of Social Secu- some future year. That is the way So- ing games. rity. When I go home, that is what I hear cial Security was set up. That is the all the time: Why do you guys go back Philosophically, that is a good argu- way it has been operated since it was to Washington and play all of these, as ment. It is an accurate argument for us implemented in 1936. That is the way I they say, partisan games? to be using, but the inference is that believe it will be for a long time into The repeal of the death tax and the with the President’s new budget there the future. passage of the tax bill was a successful is some sort of a new game in town, National security and homeland se- bipartisan effort. So I think it is im- that because we do not have a general curity is not coming at the expense of portant the majority of us who ap- fund surplus, because we have to spend Social Security. Let me give a parallel proved that tax package, including the more money because of the war on ter- analysis. I will use the highway trust death tax provisions, be given an op- rorism, as well as the domestic aspect fund. In my State, it is the road use portunity to vote up-or-down on this of the war on terrorism, we are going tax fund. At the Federal level it is the amendment, which finishes the job we to take Social Security money to fi- highway trust fund. All of the gas tax started, and enable us to vote to repeal nance that because there is otherwise a money goes into the highway trust the death tax permanently. If we can- debt. The implication is this is some fund. It is paid out of that highway not get that kind of a vote, then all we new policy. trust fund for transportation, mostly are doing is hiding from the American The point I make is that this kind of for highways. It is not used for any- people our views with respect to this talk is misleading because seniors be- thing else. There are times, though, issue and allow a lot of people to say, come frightened that they might not that the Federal Government decided oh, sure, yes, I voted for repealing the receive their Social Security pay- they did not want to spend all the death tax knowing full well that it was ments. Conservatives may feel as if highway trust fund money. It was in- not an effective appeal because it only there is not any fiscal discipline in vested in Treasury bonds, as well. And existed for 1 year. Washington. Compared to the last 4 it was not used to buy bombs and guns

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S317 and pay military pay. Over a period of regular income tax bracket for a part where they can actually have a mom years a lot of money accumulated. of taxable income that had otherwise and dad is very important social pol- In the last highway bill, Congress de- been taxed at a higher rate of 15 per- icy. So we move the tax credit from cided we ought to spend down that cent. The 10-percent bracket applies to $5,000 to $10,000. Today, in the case of money that accumulated in the high- the first $6,000 of taxable income for the special needs child, that tax credit way trust fund, and we spent it down. single individuals; $10,000 of taxable in- is $6,000. This provision significantly Not entirely, but we are spending it come for heads of household; and eases the financial burden of adoption down. Consequently, if you can take $12,000 for married couples filing joint- and encourages adoption. This is in ef- that money that accumulated in the ly. This is effective beginning after De- fect for taxable income starting this highway trust fund, that was not spent cember 31, 2000. That money is out year. on roads on a current basis, but later there to stimulate the economy right We have a tax credit, then, for em- was and is being spent for highways, it now, but it will continue this year and ployers who provide child care for their is exactly the same for Social Security. next year and into the future. employees. In my State of Iowa, 72 per- Moneys accumulate, with interest ac- We had a reduction in other indi- cent of the households have both cruing to the trust fund, to be spent vidual tax rates, the regular income spouses working, the highest percent- when it is needed, in the same way that tax rates phased down over 6 years. So age of any State in the Nation. For the gas money, when it was not spent effective July 1 of last year through those families who have children, the on highways, accumulated and later 2003, the 28-percent rate is cut to 27 need for dependable child care is very Congress decided we ought to spend percent. We hope in this economic important. Getting that from the em- more money on highways and we spent stimulus package to speed that one ployer is even better for those families. more money on highways. rate up, it be reduced to 25 percent So this new tax credit provides an in- It is one of the facts of trust fund ac- right now to help middle-income tax- centive for employer-provided on-site counting. The problem comes when we payers and to stimulate the economy daycare facilities. This is effective for put Social Security in the context of a at the same time. However, as written taxable years beginning right now. unified budget that it somehow gets in last year’s tax bill, the 31-percent We have marriage penalty relief, and lost in the public’s mind. I assure the rate is cut to 30 percent right now. The it relates to the earned-income tax public that the implication of the 36-percent rate is cut to 35 percent credit. That earned-income tax credit, statement by the ranking Democrat on right now. The 39.6-percent rate is cut which is available only to low-income the House Budget Committee, Con- to 38.6 percent. families, phases out for married cou- gressman SPRATT, that the President’s Eventually, all these separate rates, ples. We increased that phaseout by war on terrorism, the American peo- after this phase-in period is done, will $1,000 immediately and ultimately in- ple’s war on terrorism could somehow become 25 percent, 28 percent, 33 per- crease it to $3,000. So those families be paid for by Social Security. In fact, cent, and 35 percent, respectively. who would otherwise have that earned- it is not being financed by Social Secu- An increase and expansion of the income tax credit phased out, not hav- rity money. child tax credit is surely going to help ing the money, not being able to stimu- f families, particularly middle-income late the economy, now are going to TAX RELIEF families, particularly those in the have up to another $1,000 immediately $30,000-a-year income tax range, with Mr. GRASSLEY. Mr. President, I will available. Again, being low-income their family needs, putting more comment also on the tax relief bill families, that ought to help stimulate money in their pockets. It is going to signed by the President of the United the economy starting right now for the be a stimulus to the economy. The States on June 7, the tax bill that Sen- year we are in. child credit was expanded to $600 per ator BAUCUS and I wrote in a bipartisan Mr. President, I see the Senator from way, to get passed last year. I will con- child, immediately through the year Vermont. Is it possible for me to have centrate on the stimulative impact on 2004; it goes up to $700 through the year another 5 minutes? the tax bill of last year because now, 2008; $800 through the year 2009; and fi- Mr. LEAHY. Of course. being in a recession and being on an- nally, $1,000 in 2010. But, more impor- Mr. GRASSLEY. I ask unanimous other stimulus package, I don’t think tant, the child credit was made refund- consent if I may have 5 more minutes. we ought to lose sight of the fact that able to the extent of 10 percent of the The PRESIDING OFFICER. Without the tax bill of last year is having some taxpayer’s earned income in excess of objection, it is so ordered. economic good at a time most needed, $10,000 for the years 2001 through 2004, Mr. LEAHY. If I might then be recog- in a time of recession. and this is increased to 15 percent after nized after the Senator? It does contain a significant number the year 2005. Mr. GRASSLEY. I add that to my of tax reduction and tax relief provi- I emphasize that because of all the unanimous consent request. sions that will go into effect and people who say the Tax Relief Act of The PRESIDING OFFICER. Without should help build consumer confidence. last year was for the wealthy. A re- objection, it is so ordered. Part of the economy may be uncertain, fundable credit is helping people of the Mr. GRASSLEY. I thank the Chair. but the tax outlook is clear: Under the lower income tax bracket very much. So, obviously, this is going to help law we passed, Federal income taxes For example, in the year 2001, a single stimulate the economy because this have declined and will continue to de- mother with two children, making $1,000 is going to go to low-income fam- cline over the next 10 years. Taxpayers $15,000, received a credit of $500. This ilies who do not have very much discre- can take that knowledge to the bank, single mother likely now will receive a tionary income and can use it to im- regardless of Senator KENNEDY’s sug- bigger tax refund check when she files prove their lot. But at the same time it gestion that we not allow the remain- her 2001 tax return by April 15. This ex- will stimulate the economy—whether ing provisions of the tax bill to go into pansion of the child credit will ensure it is spent or whether they save it. effect. that millions of low-income families, We have improvements in the edu- Obviously, I don’t think Congress not rich people, will now receive the cation savings accounts, or what we should stop here. Our huge economy benefit of this child credit. For those might call education individual retire- needs a shot in the arm. The tax bill of people who spend so much of their in- ment accounts, individual education last year will help to provide that shot come, maybe all of it in some cases, IRAs. The annual limit on contribu- in the arm. It contains a generous they are going to have more money to tions to the education savings account amount of relief for individual tax- spend, and that is going to stimulate increases from $500 to $2,000. The defi- payers. Some of the measure’s tax cuts the economy. nition of qualified education expenses went into effect last year and many Then we have the extension and ex- that may be paid tax free from the edu- other provisions became effective Jan- pansion of the adoption tax credit, not cation savings account is expanded to uary 1 of this year. Those are the pro- so much as a stimulus to the economy include elementary and secondary visions I will address. but because stable families are very school expenses. The phaseout ranges— There is a new 10-percent rate brack- important to our society. Moving chil- for married taxpayers filing joint re- et. The act created a new 10-percent dren out of foster care into a home turns, it is increased to become twice

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S318 CONGRESSIONAL RECORD — SENATE February 5, 2002 the rate of single taxpayers, so more ulus, too, because as people are better ment—New York’s finest was there—to families can take advantage of this. educated, they are more productive; the continuing work at ground zero. Corporations and other entities, in- they earn more money. It helps the My wife and I and our daughter visited cluding tax-exempt groups, are per- long-term recovery of our economy. to see again the work that continues mitted to make contributions to edu- I want to make some reference to the by these brave men and women from cation savings accounts. These changes estate and gift tax provisions. These the New York Fire Department, who are effective right now, this taxable have a beneficial impact, but they are are still working there. The police de- year. not entirely stimulative for right now. partment is still working there, and Then we have expanded consideration Again, we have small business people other agencies as well as volunteers. of prepaid tuition programs. Several who tend to be the most harmed by not I was gratified to see while we were provisions will encourage participation being able to pass on the family busi- there a number of foreign visitors in prepaid tuition programs for higher ness to their next generation. There is going to ground zero. Anybody has to education. Investment gains will be tax always a lot of anxiety during times of be moved just reading the notes that free, and private colleges and univer- recession and during times of economic have been left there by family mem- sities happen to be offering these plans. downturn. bers. While we were there, foreign dele- This provision goes into effect now. We ought to do whatever we can to gations were laying wreaths and pay- There is an exclusion for employer- relieve the anxiety of small business ing homage. provided educational assistance. This people who are under very tough con- The point, though, is that New York extends the exclusion to graduate edu- straints because of the recession. We City reflects, really, what is best in cation and makes the exclusion for un- ought to relieve that anxiety to the America. We have seen a major city of dergraduate and graduate education greatest extent possible. commerce, of education, of entertain- permanent, effective right now. It gives me a chance to say what Sen- ment, and of history badly damaged Then we have improvement in the ator KYL said just before I took the that came right back, and was able to student loan interest deduction. This floor; that is, that we have an oppor- demonstrate that to the rest of the eliminates the 60-month limit on the tunity on this economic stimulative world. deduction of interest from a student package to make sure that the estate As one coming from the State of loan. The income phaseout ranges, for tax provisions of the bill the President Vermont, I sometimes hear regional eligibility for the student loan interest signed last June be made permanent. accents at their best when I go to New deduction, increasing it from $50,000 to I am going to yield the floor at this York City. I am sure that New Yorkers $65,000 for individuals and from $100,000 point. I thank my colleagues for their feel the same way when they come to to $130,000 for married taxpayers on attention to some provisions of an old Vermont. But the accent I heard was one of hope, of excitement, of all the joint returns. We repeal the restriction story—the tax bill of last year, a tax best things that are reflected by that that voluntary payments of interest bill that is going to have beneficial im- are not deductible. These provisions city. pacts well into the future but, most I commend not only the two Sen- are effective right now. importantly, has some impact right ators, my two friends from New York, Then we have tax benefits for govern- now as we are in a time of recession. but everybody—from the mayor to the mental bonds for public school con- The PRESIDING OFFICER (Mrs. Governor, and everyone who has struction. These benefits are effective CLINTON). The Senator from Vermont. worked so hard on this. New York City for bonds issued starting this year. Mr. LEAHY. Madam President, I ask is open for business, as it was for some There is a deduction for college tui- unanimous consent to speak as in members of the Leahy family. It was a tion, a provision allowing above-the- morning business. pleasure to be there. line deduction for college tuition ex- The PRESIDING OFFICER. The Sen- penses. It is intended to help low- and ate is in morning business. f middle-income families pay for college. Mr. LEAHY. I thank the Chair. ON THE CONFIRMATION OF JUDGE In the years 2002 and 2003, individuals f PHILIP MARTINEZ with adjusted gross incomes of $65,000 NEW YORK Mr. LEAHY. I commend the Majority may deduct $3,000. In the years 2004 and Leader and our Assistant Majority 2005, for those same individuals it Mr. LEAHY. Madam President, I Leader for bringing the confirmation of would be $4,000. In the case of tax- compliment the distinguished Pre- Judge Martinez of Texas to a successful payers with adjusted gross income that siding Officer, and her distinguished conclusion today. I also want to thank does not exceed $80,000, the deduction colleague, Senator SCHUMER, for not Senator DURBIN for having chaired the would be $2,000. only the State of New York but for the hearing in December that laid the I just read a lot of provisions that City of New York. groundwork for the confirmation of were taken from the tax bill. I started I had the privilege of attending the Judge Martinez and four other federal my remarks by talking about the stim- economic summit in New York City judges. ulus impact of the tax bill we passed 7 this weekend. I saw the distinguished At the Committee meeting at which months ago, the impact it is going to Presiding Officer on several occasions. we considered the nomination of Judge have at a time of recession. People In fact, I was beginning to think that Martinez, I inserted in the RECORD a might raise some question about the somehow she had been cloned because letter I had recently received from education provisions to which I just re- she was attending and speaking and Congressman SILVESTRE REYES of ferred, of their stimulative impact. In was involved in so many different Texas strongly endorsing him. Con- a time of recession, obviously beyond events. gressman REYES noted that the court the good that education does generally I know the economic summit came to to which Judge Martinez is nominated to help people in their lives in the fu- New York City as a gesture of soli- is facing a criminal caseload of over ture, we have a situation where maybe darity with the city after the terrible 2,000 cases with a single active judge in in a recession, families would shy away events of last fall. They came there the El Paso region personally trying to from going to college—their kids going knowing that not only would they manage over 1,100 criminal cases. I say to college, or adults, independent bring people from around the world as to Congressman REYES and Judge adults going to college. As they look at well as from our own country, but they Briones, help should be on the way the provisions of last year’s tax bill would bring the press from around the very soon in the person of Judge Mar- and the benefits that come from it, world to show the world that New York tinez. they might see the advantage of con- City is open, and New York City is in a It was not so long ago, when the Sen- tinuing their education, even at a time position to handle, as it always has, ate was under Republican control, that of recession. any group of any size for any purpose. it took 943 days to confirm Judge Hilda Any of that money that is spent as a I want to say that New York City did. Tagle to the United States District result of that would obviously have I was extraordinarily impressed with Court for the Southern District of some impact as stimulus in the econ- the level of everything from commu- Texas. She was first nominated in Au- omy. But for the long haul, it is a stim- nications, certainly to law enforce- gust 1995, but not confirmed until

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S319 March 1998. When the final vote came, confirm Judge Robinson to alleviate turn the confirmation process to one she was confirmed by unanimous con- the emergency situation that the Chief that is a cooperative, bipartisan effort. sent and without a single negative Judge indicated existed in Topeka. I have included suggestions for the vote, after having been stalled for al- Yesterday, as the Senate confirmed White House, that it work with Demo- most three years. the second district court judge for crats as well as Republicans, that it en- I recall that the nomination of Mi- courts in Alabama since November, we courage rather than forestall the use of chael Schattman to a vacancy on the learned from Senator SESSIONS that bipartisan selection commissions, that Northern District of Texas never got a the Chief Judge of the Southern Dis- it consider carefully the views of home hearing and was never acted upon, trict of Alabama had written to him to State Senators. while his nomination languished for urge action in filling the vacancy in This past summer, by the time I be- over two years. I recall just two years that court and noted that he was the came chairman of the Judiciary Com- ago when Ricardo Morado, who had only active judge left. mittee, federal court vacancies already served as Mayor of San Benito, Texas, Similarly, today we provide relief to topped 100 and were rising to 111. Since and was nominated for a vacancy in the district courts in Texas. July, we have worked hard and the the Southern District of Texas, never I congratulate the nominee and his Senate has been diligent in considering got a hearing and was never acted family on his confirmation today. and confirming 32 judges, thereby be- upon. With today’s confirmation, the Sen- ginning the process of lowering the va- These are district court nominations ate has confirmed four additional cancies on our federal courts. Since I that could have helped solve problems judges since returning late last month. became Chairman, 26 additional vacan- in the trial courts if acted upon by the The Senate will have confirmed 32 cies have arisen. Still, we have been Senate over the last several years. In judges since the change in majority able to outpace this high level of attri- addition to these nominees, the Repub- last summer. One-quarter of the judges tion and lower the vacancies to under lican-led Senate failed to provide a confirmed have been for judicial emer- 100. hearing and failed to take action on gency vacancies, eight so far. Unfortu- During the last six and one-half years the nominations of Jorge Rangel and nately, the White House has yet to when a Republican majority controlled Enrique Moreno to the same emer- work with home State Senators to send the process, the vacancies rose from 65 gency vacancy on the Fifth Circuit nominees for an additional 15 judicial to over 100, an increase of almost 60 Court of Appeals over the last four emergency vacancies and 31 federal percent. By contrast, we are now work- years. trial court vacancies. ing to keep these numbers moving in In contrast, we are moving expedi- Of course, I have yet to chair the Ju- the right directions. tiously to consider and confirm Judge diciary Committee for a full year; it Our Majority Leader, with the help of Martinez, who was nominated in Octo- has been barely six months. But the the Assistant Majority Leader, is clear- ber, received his ABA peer review in confirmations we have achieved in ing the calendar of judicial nomina- November, participated in a hearing in those six months are already com- tions and the Senate has proceeded to early December, was reported by the parable to the year totals for 1997, 1999 vote on every one of them. This is one Committee on December 13 and is and 2000 and almost twice as many as a of the reforms that signals a return to today being confirmed. In addition, Republican majority in the Senate al- normalcy for the Senate, which had Randy Crane, a nominee to a vacancy lowed to be confirmed in 1996. gotten away from such practices over on the Southern District of Texas Dis- The 1996 session was the second year the past six years. Since the change in trict Court will be having a confirma- of the last Republican chairmanship. In majority, judicial nominees have not tion hearing in the near future. that 1996 session, only 17 judges were been held on the calendar for months Just as we have worked hard since confirmed all year and none were con- and months or held over without ac- July and paid attention to the needs of firmed to the Court of Appeals—none. I tion or returned to the President with- the district courts in Montana, Ken- expect and intend to work hard on ad- out action. tucky, Kansas and Alabama, whose ditional judicial nominations through I have observed that to make real Chief Judges wrote asking for prompt this session and to exceed the total progress will take the cooperation of attention to serious problems, we are from the 1996 session of only 17 con- the White House. The most progress responding to the needs of our courts firmations. In that 1996 session, the can be made most quickly if the White throughout the country. fourth judicial confirmation did not House would begin working with home The first two confirmations to the occur until April. By contrast, we will State Senators to identify fair-minded, district courts last summer were Judge have confirmed four additional judges nonideological, consensus nominees to Cebull and Judge Haddon to the Dis- by the middle of the first full week in fill these court vacancies. One of the trict Court in Montana. The Chief session this year. reasons that the Committee was able Judge of that court had written to us The Judiciary Committee held its to work as quickly as it has and the asking for our immediate attention first hearing of the session on our sec- Senate has been able to confirm 32 and help because he had no active asso- ond day in session, January 24, for judges in the last few months is be- ciate judge in that district. We re- Judge Michael Melloy, a nominee to cause those nominations were strongly sponded. Working with Senator BAUCUS the 8th Circuit from Iowa, and district supported as consensus nominees. and Senator BURNS, a Democrat and a court nominees from Arizona, Iowa, I have heard of too many situations Republican, the two nominees were in- Texas, Louisiana and the District of in too many States involving too many cluded in our very first hearing, which Columbia, a total of six judicial nomi- reasonable and moderate home State held the day after Committee members nations. Senators in which the White House has were assigned. They were both con- I have set another hearing on the demonstrated no willingness to work firmed the following week, on July 20, nomination of Judge Charles Pickering with home State Senators to fill judi- 2001. for the 5th Circuit for this Thursday, cial vacancies cooperatively. As we Similarly, we heard from the Chief February 7, 2002. move forward, I urge the White House Judge of the District Court for the I am working to hold another con- to show greater inclusiveness and flexi- Eastern District of Kentucky. We re- firmation hearing for judicial nomina- bility and to help make this a truly bi- sponded by holding hearings for three tions, as well, before the end of Feb- partisan enterprise. Logjams exist in a judicial nominees to vacancies in that ruary, even though it is a short month number of settings. Court and proceeded to confirm two so with a week’s recess. To make real progress, repair the quickly that they had to delay being I noted on January 25 in my state- damage that has been done over pre- sworn in to wind down their legal prac- ment to the Senate that we inherited a vious years, and build bridges toward a tices. frayed process and are working hard to more cooperative process, there is Likewise, when we heard from the repair the damage of the last several much that the White House could do to Chief Judge of the District Court for years. I have already laid out a con- work more cooperatively with all home Kansas, we responded. We moved expe- structive program of suggestions that State Senators, including Democratic ditiously to hold a hearing, report and would help in that effort and help re- Senators.

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S320 CONGRESSIONAL RECORD — SENATE February 5, 2002 Of course, more than two-thirds of RECESS dersen and Company, talked about pos- the federal court vacancies continue to The PRESIDING OFFICER. The time sible illegal acts with respect to that be on the district courts. The Adminis- of 12:30 p.m. having arrived, the Senate corporation and the review of some tration has been slow to make nomina- will now stand in recess until the hour documents. tions to the vacancies on the federal of 2:15 p.m. today. Then, last Saturday, a report that trial courts. In the last five months of Thereupon, the Senate, at 12:31 p.m., was commissioned by the board of di- last year, the Senate confirmed a high- recessed until 2:15 p.m., whereupon, the rectors of the Enron Corporation, the er percentage of the President’s trial Senate reassembled when called to Powers report, described a broad range court nominees, 22 out of 36, than a Re- order by the Presiding Officer (Mr. of very serious problems that went on inside that corporation. publican majority had allowed the Sen- JOHNSON). At any rate, during this period of ate to confirm in the first session of ei- Mr. REID. Mr. President, I suggest time we had requested the testimony ther of the last two Congresses with a the absence of a quorum. Democratic President. Last year the The PRESIDING OFFICER. The before the subcommittee and the full committee of the Commerce Com- President did not make nominations to clerk will call the roll. almost 80 percent of the current trial The assistant legislative clerk pro- mittee by Mr. Lay. His attorneys said court vacancies. As we began this ses- ceeded to call the roll. he would be made available on Feb- sion, 55 out of 69 vacancies were with- Mr. DORGAN. Mr. President, I ask ruary 4 at 9:30 in the morning. They out a nominee. unanimous consent the order for the continued to say that even through quorum call be dispensed with. last Friday and Saturday. In late January, the White House fi- On the Sunday evening before Mr. The PRESIDING OFFICER. Without nally sent nominations for another 24 Lay’s scheduled appearance, we were objection, it is so ordered. of those trial court vacancies. After called his attorneys. They told us that Mr. DORGAN. Mr. President, is the the Committee receives the indication Mr. Lay had changed his mind and he that the nominees have the support of Senate currently in morning business? The PRESIDING OFFICER. No, it is would no longer be available to testify their home State Senators and after and would therefore not appear on the Committee has received ABA peer not. Mr. DORGAN. What is currently Monday morning. reviews, these recent nominations will Mr. Lay’s attorneys wrote a letter pending? then be eligible to be included in Com- saying the problem was that Mr. Lay The PRESIDING OFFICER. The reg- mittee hearings. Because the White had heard comments about his com- ular order is to have the clerk report House shifted the time at which the pany that concerned him. They felt it the pending business. ABA does its evaluation of nominees to would probably be a prosecutorial kind Mr. DORGAN. Mr. President, I ask the post-nomination period, these 24 of environment in the committee hear- unanimous consent to speak in morn- nominees are unlikely to have com- ing on Monday, and therefore he did ing business for 10 minutes. pleted files ready for evaluation until not want to appear. The PRESIDING OFFICER. Is there after the Easter recess. Even then, over The fact is, the comments that were objection? Without objection, it is so two and one-half dozen of the federal made by a number of Members of the ordered. trial court vacancies, 31, may still be Senate prior to Sunday were no dif- without eligible nominees. f ferent than the assertions made to the CEO of Enron by his own employee last We have accomplished more, and at a ENRON CORPORATION CEO August, by his accounting firm in No- faster pace, than in years past. We SUBPOENAED vember and December, and especially have worked harder and faster than Mr. DORGAN. Mr. President, I come by his own company’s board of direc- previously on judicial nominations, de- to the floor of the Senate to discuss, tors on Saturday last. spite the unprecedented difficulties just for a few minutes, the action Mr. Lay, in my judgment, following being faced by the nation and the Sen- taken this morning in the Senate Com- the report by the board of directors of ate. I am encouraged that this con- merce Committee. We voted unani- this corporation, decided that he did firmation today was not delayed by ex- mously to support a subpoena being de- not want to talk to anybody publicly tended, unexplained, anonymous holds livered to Mr. Kenneth Lay, who is the and decided to lay it off on some Mem- on the Senate Executive Calendar, the former chairman and CEO of the Enron bers of Congress, saying that is the rea- type of hold that characterized so Corporation. I want to describe for my son he did not want to come and tes- much of the previous six and one-half colleagues what brought us to this tify. years. Majority Leader DASCHLE has point and why we believed we had to Let me tell you what was in that re- moved swiftly on judicial nominees re- vote to authorize a subpoena being port, just to give one small example. ported to the calendar. issued. This report says that in this corpora- I thank all Senators who have helped About 4 to 6 weeks ago, Mr. Lay’s at- tion, one of the corporate officers, Mr. in our efforts and assisted in the hard torneys told us that Mr. Lay would be Fastow, in creating one of the partner- work to review and consider the dozens willing to appear before the Senate ships—incidentally, there were a lot of of judicial nominations we have re- Commerce Committee. That was in re- secret partnerships created here—Mr. ported and confirmed. I thank, in par- sponse to a request by us as we began Fastow invested $25,000 of his own ticular, the Senators who serve on the to investigate what happened with re- money in a partnership in a corpora- Judiciary Committee for their helpful spect to the Enron Corporation. As you tion of which he was an officer. Sixty action since this summer. As our ac- know, this is the largest bankruptcy in days later, that $25,000 was $4.5 million tion today demonstrates, again, we are American history. There is substantial to Mr. Fastow. moving ahead to fill judicial vacancies information that has been available for Does anybody in this room know of with nominees who have strong bipar- some while now, prior to and since the investments like that? Would you like tisan support. bankruptcy, about things that had hap- to make a $25,000 investment that, in 60 pened inside the corporation that cause days, becomes $4.5 million? Where can Madam President, I suggest the ab- a great deal of concern. you do that? The lottery, but that is sence of a quorum. A memo by one of the vice presidents not a sure thing. The PRESIDING OFFICER. The of Enron was presented to the CEO, Mr. No, this wasn’t gambling inside the clerk will call the roll. Lay, in August of last year. That corporation. This was just people play- The assistant legislative clerk pro- memo by Vice President Watkins ing fast and loose with the truth and ceeded to call the roll. talked about accounting hoaxes and with other people’s money. When some- irregularities of sorts, and warned one takes $25,000 and turns it into $4.5 The PRESIDING OFFICER. In my about what people would find if they million in 2 months, in my judgment, capacity as a Senator from New York, dug into the partnerships that were that is stealing. That is just stealing— I ask unanimous consent that the order being created in this corporation. yes, quote unquote, stealing—from in- for the quorum call be rescinded. Then, in November and December, vestors who own the shares in that cor- Without objection, it is so ordered. that company’s auditors, Arthur An- poration.

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S321 At the same time that you have an mittee. We have the power and author- Wind development projects underway officer of the company taking $25,000 ity to do so, but we don’t do it very have come to a screeching halt. and in 60 days turning it into $4.5 mil- often. But we did it because we felt we Extending the wind energy produc- lion, at the same time that is hap- had no choice. tion tax credit would provide an imme- pening, one of my constituents in Mr. President, I had asked permis- diate boost to the economy. We have a North Dakota is writing a two-page sion to speak in morning business. I lot of projects on the books that aren’t letter to me. That letter, an anguished have just a couple of other things to moving because the credit expired. A cry from this family, asks the fol- mention very briefly, and I want to do long-term extension will jump-start de- lowing question: that in a separate section of morning velopment activity, create jobs and What on Earth has happened? I worked for business. How much time is remaining, help this country meet its future en- this company’s subsidiary for many, many Mr. President? ergy needs. Each new wind turbine years and have put away $300,000 into a re- The PRESIDING OFFICER. The Sen- placed into service creates about $1 tirement account. Do you know what my re- ator has 11⁄2 minutes remaining. million in economic activity. tirement account is worth today?—$1,700; Mr. DORGAN. Let me ask if I can ex- I would like to make the wind energy from $300,000 to $1,700. tend that by 2 minutes by consent. production tax credit permanent. My He and his family have lost it all. The PRESIDING OFFICER. Is there proposal today would extend it for 5 But inside that corporation we had objection? years. Clearly, a shorter term exten- people making millions. Mr. SESSIONS. I will not object to sion will not provide developers the Was that a corporate culture of cor- that at this point. I know Senator certainty and stability they need to ruption? You bet your life it was. And TORRICELLI has some brief remarks. I plan and finance new wind energy the reason Mr. Lay has decided not to know they both are very interested in projects. I think Congress must act come to the Congress to testify was not these issues and it is time we talk quickly to ensure the availability of because of anything anyone has said. It about them, but we have a stimulus the wind energy tax credit over the is because of what this Powers report package on the floor and we want to long term. If we don’t act now, many has found that went on inside this com- get to that as soon as possible. wind energy initiatives will be pany. I will give another example. Is 5 minutes all right for Senator scrapped at a time when this country This company decided to create a lit- TORRICELLI? can least afford it. tle partnership called Braveheart to ac- The PRESIDING OFFICER. The Sen- Second, I intend to offer and have commodate some business they were ator from North Dakota has the floor. filed an amendment to permit compa- going to do with the Blockbuster Cor- Is there objection to his request? nies that have recently suffered net op- poration. They were actually going to Mr. TORRICELLI. Reserving the erating losses to carry back those have Blockbuster be the repository of right to object, Mr. President, I request losses for 5 years for federal income tax movies. They were going to stream at the conclusion of Senator DORGAN purposes. I will not go into a lengthy these videos or movies to consumers that I be recognized for 10 minutes. description of why we ought to do that. around the country. It was going to be Mr. SESSIONS. I have to object to 10 But my amendment should provide a big business. It was announced in minutes. some needed financial help for those March of 2000. By February of the next Mr. TORRICELLI. The Senator has 5 companies that have been hurt most year it was gone. But in the meantime minutes. Mr. President, I hate to get during the current economic downturn. they created a little partnership called into a bidding process, but I would like It will increase cash flow for many of Braveheart to take care of all this. to have a reasonable amount of time to these firms and help them make pay- Do you know what Braveheart did? be recognized after Senator DORGAN. roll, avoid additional layoffs and, hope- Braveheart borrowed roughly $112 mil- Mr. SESSIONS. We have business on fully, encourage new hiring. It will also lion from a Canadian bank. Then it the floor, and I know people would like help them to make investments in sold its assets to the Enron Corpora- to change the focus of our debate on equipment and machinery they need to tion for slightly over $100 million. The the stimulus package, which is overdue rebuild, grow and prosper. Enron Corporation booked it as a busi- in my view. I was willing to let the There is bipartisan support in both ness profit, when in fact all it was a Senator have a few more minutes. I the Senate and the House of Represent- bank loan from a Canadian bank, run would not object to 5 minutes. atives for net operating loss carry-back through a partnership that wasn’t Mr. TORRICELLI. I withdraw my ob- relief proposals. We ought to include in doing any business at all—just a few jection. a 5-year net operating loss carry-back test markets with a few customers. The PRESIDING OFFICER. Without provision in the economic recovery You tell me whether that is honest objection, it is so ordered. package. business. The Senator from North Dakota. Finally, I’ve filed an amendment that It is not. Can someone come to the Mr. DORGAN. Mr. President, how would provide tax relief for many S- Congress and defend that? They can’t. much time do I have remaining? corporations that sell ‘‘built-in’’ gain That is why we have people who were The PRESIDING OFFICER. Two and assets and reinvest the proceeds from at the head of this corporation who one-half minutes. those sales back into their companies. were unwilling to talk. Mr. DORGAN. Mr. President, I asked Today, there are hundreds of thousands I just wanted to make the point that for 2 minutes in addition to the minute of firms that operate as S corporations the assertions by attorneys on behalf and a half remaining at that point. I that would have a huge tax impedi- of principals in this corporation are expect I will have 3 and a half minutes. ment if they were to sell certain appre- suggesting that they have been of- The PRESIDING OFFICER. Without ciated business assets. The taxes they fended because they might find a pros- objection, it is so ordered. would be required to pay on that gain, ecutorial approach at some of these f even if they reinvest it, would be pro- hearings. No one suggested that a hear- hibitive. As a result, many S-corpora- ing before this Congress would ever be THE STIMULUS PACKAGE tions are forced to keep these assets— a walk in the park, especially when Mr. DORGAN. Mr. President, I’d like even if they are no longer productive you have a record inside this corpora- to talk a moment about several items and could be converted into assets that tion of financial manipulation, of dis- I think ought to be included in the eco- generate new growth and jobs. honest accounting, and of personal en- nomic recovery package. The amendment I filed today would richment of officers and directors. One, I have filed an amendment that allow those who are involved in these I wanted to make that point about would provide for a 5-year extension of S-corporations to sell built-in gain as- what we had to do this morning. We the wind energy production tax credit. sets without facing a massive federal issued a subpoena for Mr. Lay. It was We really must get that done. Regret- tax bill, provided they reinvest the pro- issued on a unanimous vote by the Sen- tably, this credit was allowed to expire ceeds into the business within a two- ate Commerce Committee. That is at the end of last year. As a result, year period. That, too, is stimulative. nearly unprecedented. We don’t issue many lenders have stopped providing Many of these companies are the job- subpoenas in the Commerce Com- financing for new wind energy projects. producing companies in this country.

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S322 CONGRESSIONAL RECORD — SENATE February 5, 2002 To allow them to sell less productive On September 10, this Nation was not ing or any new weapon—can we genu- assets and reinvest into more produc- without resources, with a $320 billion inely assure our people that those tive assets will be very stimulative to defense establishment larger than a events will not be repeated. this country’s economy. It will produce dozen other industrial nations com- Mr. President, I yield the floor and jobs and economic growth and oppor- bined; a massive internal law enforce- suggest the absence of a quorum. tunity. But they are locked out of that ment apparatus; and, by press ac- The PRESIDING OFFICER. The at the present time by the Tax Code. counts, a $30 billion intelligence estab- clerk will call the roll. My amendment proposes to change lishment. The bill clerk proceeded to call the that result and I hope we will get an The terrorist attack on September 11 roll. opportunity to consider it during the apparently was waged with the com- Mr. REID. Mr. President, I ask unan- debate on the economic stimulus pack- bined financial resources of $250,000. It imous consent the order for the age. was implemented by 19 people. Why is quorum call be rescinded. One final point: The Kyl amendment, it I believe that probably financial re- The PRESIDING OFFICER. Without of which I am supportive, dealing with sources were not determinative in the objection, it is so ordered. tourism is an amendment to which I success of this evil attack? Why is it ORDER OF PROCEDURE want to offer a second-degree amend- that I suspect it was probably not the Mr. REID. Mr. President, during the ment dealing with loan guarantees. It numbers of personnel available? The conferences we have had, it has been would cost $200 million or $300 million country was not without resources on determined we could have a voice vote over the 10-year period. It deals with a September 10. But something went ter- on the Bunning amendment. So I ask subject about which I have spoken with ribly wrong. The allocation of re- unanimous consent that after the YL and Senator REID. Senator K sources, quality of leadership, strat- Chair reports the bill, we move to the Many of the businesses connected to egy—I don’t know. The real point is Bunning amendment, followed by the the airports and the airlines that were neither does anybody else, including shut down post-September 11 are in Reid for Baucus amendment. It is not a the President of the United States and Reid amendment; I just offered it for desperate condition. A program of loan Members of the Senate. guarantees dealing with the most frag- Senator BAUCUS. At some point, 260 million Ameri- The PRESIDING OFFICER. Is there ile of those businesses which were shut cans, with all the rage they feel down through no fault of their own— objection? against our enemy, with all the anger Without objection, it is so ordered. through edict by the Federal Govern- they feel, and with all the sympathy f ment—would be appropriate in those they feel for the victims, are going to unusual circumstances and would be want to know what happened and why. HOPE FOR CHILDREN ACT— guaranteed by an amendment attached There is no limit to the resources Resumed to the Kyl amendment. that I will vote to make available to The PRESIDING OFFICER. The I hope to be able to offer that as a the Commander in Chief to defend this second-degree amendment dealing with clerk will report the bill. Nation. But there is no limit to the ef- The bill clerk read as follows: travel agents, car rentals, and others forts I will make to get accountability attached to airports which suffered A bill (H.R. 622) to amend the Internal Rev- in this Government for our people. enue Code of 1986 to expand the adoption just as much as the airlines did when In my State, there are hundreds—in- the airlines were ordered to be shut credit, and for other purposes. deed, there are several thousands—of Pending: down and there was no travel anywhere widows and orphans. As much as any Daschle/Baucus amendment No. 2698, in the in the country for a specific period. American, as much as history itself, As I indicated, I noticed the previous nature of a substitute. these people are going to demand an- amendments yesterday. I wanted to in- Reid (for Baucus) amendment No. 2721 (to swers in the course of their lives. dicate that I would be prepared to offer amendment No. 2698), to provide emergency The President has suggested his pref- a second-degree amendment to Senator agriculture assistance. erence is that we hold private hearings Bunning/Inhofe modified amendment No. KYL’s amendment. 2699 (to the language proposed to be stricken I yield the floor. in the intelligence community. That is not how we conduct this Government. by amendment No. 2698), to provide that the The PRESIDING OFFICER. The Sen- exclusion from gross income for foster care ator from New Jersey is recognized. There was not an attack on the intel- ligence committee, nor is it their re- payments shall also apply to payments by f qualified placement agencies. sponsibility alone. Our accountability Hatch/Bennett amendment No. 2724 (to the VOICE OF INQUIRY is to the people of the country. Yet the language proposed to be stricken by amend- Mr. TORRICELLI. Mr. President, the administration claims that such hear- ment No. 2698), to amend the Internal Rev- President of the United States has ings or inquiries would be a distraction enue Code of 1986 to allow the carryback of challenged the Nation to commit an from the war on terrorism. That is not certain net operating losses for 7 years. additional $120 billion in resources for our history or how we conduct our Gov- Domenici amendment No. 2723 (to the lan- our Armed Forces. Indeed, when the ernment. guage proposed to be stricken by amendment Ten days after Pearl Harbor, with No. 2698), to provide for a payroll tax holi- Nation is attacked, that is as it should day. be. The President has asked us to com- half of the American fleet in ruins and Allard/Hatch/Allen amendment No. 2722 (to mit $40 billion to deal with internal se- with fears of an attack on California by the language proposed to be stricken by curity in our country. With the loss of the Imperial Japanese Navy, FDR or- amendment No. 2698), to amend the Internal life we have suffered and all of our ap- dered an inquiry into how indeed we Revenue Code of 1986 to permanently extend prehension about terrorism, that is as were so undefended. The Challenger lay the research credit and to increase the rates it should be. It is, however, an extraor- in ruins with all of our ambitions for a of the alternative incremental credit. dinary request. space program, and Ronald Reagan did Smith of New Hampshire amendment No. While our willingness to commit re- the same for NASA. This instance de- 2732 (to the language proposed to be stricken by amendment No. 2698), to provide a waiver sources is endless to guarantee the se- serves no less. Accountability is at the of the early withdrawal penalty for distribu- curity of our country, our national cu- core of any representative government. tions from qualified retirement plans to indi- riosity about these circumstances and On behalf of the people of my State viduals called to active duty during the na- how our country was so vulnerable and the victims—their wives, husbands, tional emergency declared by the President seems to be very limited indeed. parents, and children—I demand it on September 14, 2001. It has been 5 months since the lives now. This Nation needs a board of in- Smith of New Hampshire amendment No. of our people were taken in the most quiry to determine the events of Sep- 2733 (to the language proposed to be stricken devastating attack on America in his- tember 11—how it occurred and why; by amendment No. 2698), to prohibit a State tory. There have been words of rage where we succeeded and why we from imposing a discriminatory tax on in- come earned within such State by non- and revenge, vows to strengthen our se- failed—not for the sake of revenge, not residents of such State. curity and to commit endless re- to cast blame, but to ensure that it Smith of New Hampshire amendment No. sources. There has been everything ex- never happens again. Armed only with 2734 (to the language proposed to be stricken cept a voice of inquiry. that knowledge—more than any fund- by amendment No. 2698), to provide that tips

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S323 received for certain services shall not be sub- the sound of my voice to come over and diately return to the Kyl second-degree ject to income or employment taxes. renew the debate. amendment to the underlying Baucus Smith of New Hampshire amendment No. AMENDMENT NO. 2807 TO AMENDMENT NO. 2721 amendment. 2735 (to the language proposed to be stricken by amendment No. 2698), to allow a deduc- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without tion for real property taxes whether or not ator from Alabama. objection, it is so ordered. the taxpayer itemizes other deductions. Mr. SESSIONS. Mr. President, I be- Mr. DORGAN. Mr. President, I wish Sessions amendment No. 2736 (to the lan- lieve we are on the Baucus amendment. to offer a second-degree amendment. I guage proposed to be stricken by amendment On behalf of Senator KYL, I call up ask unanimous consent that we be on No. 2698), to amend the Internal Revenue amendment No. 2758 as a second-degree amendment No. 2764 which has been Code of 1986 to provide tax incentives for eco- proposed by Senator REID and Senator nomic recovery and provide for the payment amendment. of emergency extended unemployment com- Mr. REID. Mr. President, does it take KYL. pensation. unanimous consent to move off the Mr. KYL. Reserving the right to ob- Grassley (for McCain) amendment No. 2700 Baucus amendment to the Kyl amend- ject. (to the language proposed to be stricken by ment? The PRESIDING OFFICER. The Sen- amendment No. 2698), to amend the Internal Mr. SESSIONS. I offer this as a sec- ator from Arizona. Revenue Code of 1986 to provide a special ond-degree amendment. Mr. KYL. The point of the unanimous rule for members of the uniformed services The PRESIDING OFFICER. Second- and Foreign Service in determining the ex- consent request of the Senator from clusion of gain from the sale of a principal degree amendments are in order. Nevada was to allow the second-degree residence. The PRESIDING OFFICER. The amendment to the Reid-Kyl amend- Kyl amendment No. 2758 (to the language clerk will report. ment and to allow the Senator from proposed to be stricken by amendment No. The assistant legislative clerk read North Dakota to speak about that 2698), to remove the sunset on the repeal of as follows: amendment for 2 minutes and imme- the estate tax. The Senator from Alabama [Mr. SESSIONS], diately return to the pending business, Reid modified amendment No. 2764 (to for Mr. KYL, proposes an amendment num- amendment No. 2698), to amend the Internal which is the Baucus amendment with bered 2807 to the amendment No. 2721. Revenue Code of 1986 to provide a refundable the second-degree amendment, offered credit for recreational travel, and to modify Mr. SESSIONS. Mr. President, I ask by the Senator from Alabama on behalf the business expense limits. unanimous consent that the reading of of myself, pending; is that correct? Reid (for Durbin) amendment No. 2766 (to the amendment be dispensed with. Mr. REID. The Senator from Arizona amendment No. 2698), to provide enhanced The PRESIDING OFFICER. Without is correct. unemployment compensation benefits. objection, it is so ordered. The PRESIDING OFFICER. The last Lincoln amendment No. 2767 (to amend- ment No. 2698), to delay until at lease June The amendment is as follows: request of the Senator from North Da- 30, 2002, any changes in medicaid regulations (Purpose: To remove the sunset on the repeal kota is consistent with the order of the that modify the medicaid upper payment of the estate tax) Senator from Arizona. limit for non-State Government-owned or At the end, add the following: Mr. KYL. Mr. President, I ask the operated hospitals. SEC. . PERMANENT REPEAL OF ESTATE TAXES. Senator from North Dakota to restate Thomas amendment No. 2728 (to the lan- Section 901 of the Economic Growth and his request. I obviously misunderstood. guage proposed to be stricken by amendment Tax Relief Reconciliation Act of 2001 is Mr. DORGAN. Mr. President, I ask No. 2698), to amend the Internal Revenue amended— unanimous consent that the amend- Code of 1986 to modify the qualified small (1) by striking ‘‘this Act’’ and all that fol- ment proposed by Senator REID and issue bond provisions. lows through ‘‘2010’’ in subsection (a) and in- Craig amendment No. 2770 (to the language serting ‘‘this Act (other than title V) shall Senator KYL, amendment No. 2764, proposed to be stricken by amendment No. not apply to taxable, plan, or limitation which had previously been offered but 2698), to amend the Internal Revenue Code of years beginning after December 31, 2010.’’, set aside, be brought back so I can offer 1986 to expand the availability of Archer and a second-degree amendment to it. I ask medical savings accounts. (2) by striking ‘‘, estates, gifts, and trans- that amendment No. 2764 be the pend- Grassley amendment No. 2773 (to the lan- fers’’ in subsection (b). guage proposed to be stricken by amendment ing business. No. 2698), to provide tax incentives for eco- Mr. REID. Mr. President, will the Mr. SESSIONS. Reserving the right nomic recovery and assistance to displaced Senator yield for the purpose of a to object, my concern is that has al- workers. unanimous consent request? This will ready been taken care of by Senator AMENDMENT NO. 2699, AS MODIFIED require no debate. There is an amend- REID. It might confuse matters. I ob- The PRESIDING OFFICER. The ment Senator KYL and I filed on which ject. question is on agreeing to amendment Senator DORGAN wants to offer a sec- The PRESIDING OFFICER. Objec- No. 2699, as modified. ond-degree amendment. He says he tion is heard. Mr. REID. Mr. President, I ask unan- does not need to debate it at this time. AMENDMENT NO. 2808 TO AMENDMENT NO. 2764 imous consent the yeas and nays on the I ask unanimous consent that we be Mr. DORGAN. Mr. President, I send Bunning amendment, which have been allowed to move off the pending an amendment to the desk. This is an previously ordered, be vitiated. amendment temporarily so that Sen- amendment I had filed. It is called the The PRESIDING OFFICER. Without ator DORGAN can offer his amendment travel industry stabilization amend- objection, it is so ordered. to the Reid-Kyl amendment, and then ment. I offer it as a second-degree The question is on agreeing to we will be right back on the second-de- amendment to the Reid-Kyl amend- amendment No. 2699, as modified. gree amendment of the Senator from ment that was offered previously. The amendment (No. 2699), as modi- Arizona. The PRESIDING OFFICER. The fied, was agreed to. Mr. SESSIONS. Do we have a time clerk will report. Mr. REID. I move to reconsider the agreement? How quickly will we be The assistant legislative clerk read vote and move to lay that motion on back on the Kyl amendment? as follows: the table. Mr. REID. Two minutes? The motion to lay on the table was Mr. DORGAN. Yes, Mr. President, The Senator from North Dakota [Mr. DOR- agreed to. that will be fine. GAN] proposes an amendment numbered 2808 to amendment No. 2764. AMENDMENT NO. 2721 Mr. SESSIONS. Will the Senator Mr. REID. Mr. President, it is my un- from Nevada restate the unanimous Mr. DORGAN. Mr. President, I ask derstanding we are now on the Baucus consent request? unanimous consent that the reading of amendment, which has been previously Mr. REID. Mr. President, I ask unan- the amendment be dispensed with. debated. imous consent that the Senate proceed The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- to the Reid-Kyl amendment, which is objection, it is so ordered. ator is correct. two amendments down the line, and The amendment is as follows: Mr. REID. It is my understanding that Senator DORGAN offer a second-de- (Purpose: To preserve the continued viability there are others who wish to speak on gree amendment, be allowed to speak of the United States Travel industry) this amendment. I ask all those within for 2 minutes, and then we imme- At the end, add the following:

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S324 CONGRESSIONAL RECORD — SENATE February 5, 2002 TITLE lll—TRAVEL INDUSTRY (A) a qualified retirement plan (as defined this title, the Board is authorized to enter STABILIZATION in section 4974(c) of the Internal Revenue into contracts under which the Government, SECTION l01. SHORT TITLE. Code of 1986 (26 U.S.C. 4974(c))) that is a contingent on the financial success of the This title may be cited as the ‘‘American qualified institutional buyer; and participating corporation, would participate Travel Industry Stabilization Act’’. (B) a governmental plan (as defined in sec- in the gains of the participating corporation SEC. l02. TRAVEL INDUSTRY DISASTER RELIEF. tion 414(d) of the Internal Revenue Code of or its security holders through the use of 1986 (26 U.S.C. 414(d))) that is a qualified in- such instruments as warrants, stock options, (a) IN GENERAL.—Notwithstanding any other provision of law, the President shall stitutional buyer. common or preferred stock, or other appro- take the actions described in subsection (b) (6) OBLIGOR.—The term ‘‘obligor’’ means a priate equity instruments. to compensate eligible travel-related busi- party primarily liable for payment of the (3) DEPOSIT IN TREASURY.—All amounts col- nesses. principal of, or interest on, a Federal credit lected by the Secretary of the Treasury (b) ACTIONS DESCRIBED.— instrument, which party may be a corpora- under this subsection shall be deposited in (1) IN GENERAL.—Subject to such terms and tion, partnership, joint venture, trust, or the Treasury as miscellaneous receipts. conditions as the President deems necessary, governmental entity, agency, or instrumen- (e) AUTHORIZATION OF FUNDS.—Congress au- and upon application, the President is au- tality. thorizes and hereby appropriates such sums thorized to issue Federal credit instruments (d) EMERGENCY DESIGNATION.—Congress as are necessary to carry out the purposes of designates the amount of new budget author- to eligible travel-related businesses de- this title. ity and outlays in all fiscal years resulting scribed in subsection (c) that do not, in the from this title as an emergency requirement Mr. DORGAN. Mr. President, I will aggregate, exceed $2,000,000,000 and provide pursuant to section 252(e) of the Balanced not take 2 minutes because I will speak the subsidy amounts necessary for such in- Budget and Emergency Deficit Control Act on this at another time. I indicated struments in accordance with the provisions of 1985 (2 U.S.C. 901(e)). Such amount shall be of the Federal Credit Reform Act of 1990 (2 previously I support the underlying available only to the extent that a request, Reid-Kyl amendment which deals with U.S.C. 661 et seq.). that includes designation of such amount as (2) TIME FOR APPLICATION.—An application an emergency requirement as defined in such travel and tourism-related issues. The for a Federal credit instrument shall be filed Act, is transmitted by the President to Con- amendment I have offered is an amend- by an eligible travel-related business not gress. ment that deals with some loan guar- later than 1 year after the promulgation of SEC. l03. ADDITIONAL FUNCTIONS FOR THE AIR- antees to those businesses that have a regulations. LINE STABILIZATION BOARD. connection to the airports and the air- (3) TERMS OF CREDIT INSTRUMENTS.—A loan (a) ADDITIONAL FUNCTIONS TO STABILIZE lines that had been shut down by the guaranteed under this title may be used ex- THE TRAVEL INDUSTRY.—The Board shall re- Federal Government post-September clusively for the purpose of meeting obliga- view and make recommendations to the tions and expenses to the extent that an ap- President with respect to applications for 11. Many of them remain in very dif- plicant demonstrates— Federal credit instruments submitted under ficult straits. They face some very dif- (A) business operations were directly and section l02(b). ficult financial troubles. adversely affected by the events of Sep- (b) FEDERAL CREDIT INSTRUMENTS.— The Federal Government did provide tember 11, 2001; (1) IN GENERAL.—The Board may enter into loan guarantees and grants to the air- (B) the loan guarantee is necessary to meet agreements with 1 or more obligors to issue lines. I was supportive of that. But such obligations; Federal credit instruments under section (C) the inability of the applicant to meet l02(b) if the Board determines, in its discre- there were ancillary businesses that such obligations or expenses is directly at- tion, that— are related to the airlines and related tributable to the impact of September 11, (A) the obligor is an entity in a travel-re- to the airports that suffered substan- 2001; and lated business for which credit is not reason- tial losses as a result of actions by the (D) the applicant has the ability to repay ably available at the time of the transaction; Federal Government to shut down air the loan. (B) the intended obligation by the obligor service. (c) DEFINITIONS.—In this title: is prudently incurred; and This is legislation I have written to (1) BOARD.—The term ‘‘Board’’ means the (C) such agreement is a necessary part of Air Transportation Stabilization Board es- maintaining a safe, efficient, and viable address that situation in the form of tablished under the Air Transportation Safe- travel industry in the United States. loan guarantees. I have spent time ty and System Stabilization Act (49 U.S.C. (2) TERMS AND LIMITATIONS.— with my colleague from Nevada, Sen- 40101 note; P.L. 107–42). (A) FORMS, TERMS, AND CONDITIONS.—A Fed- ator REID, and others of my colleagues (2) ELIGIBLE TRAVEL-RELATED BUSINESS.— eral credit instrument shall be issued under who are supportive of this approach. The term ‘‘eligible travel-related business’’ section l02(b) in such form and such terms I offer it as a second-degree amend- means a business that was injured by the and conditions and contain such covenants, ment because I believe it is appro- Government shutdown of the airline indus- representatives, warranties, and require- priately something that should be at- try following the terrorist attacks on the ments (including requirements for audits) as United States that occurred on September the Board determines appropriate, provided tached to the Reid-Kyl amendment 11, 2001, and that on such date— that— which I intend to support as well. (A) had a contractual arrangement with an (i) a loan shall be repaid over a period not Mr. President, I yield the floor. air carrier to provide goods or services, in- to exceed 5 years from the date that the loan The PRESIDING OFFICER. The Sen- cluding those with a contractual relation- is guaranteed under this title; ator from Arizona. ship with the Airline Reporting Corporation; (ii) the Government guarantee shall cover or not less than 80 percent of the value of the Mr. KYL. Mr. President, I appreciate (B) was a nonaeronautical for-profit busi- loan; the spirit in which the Senator from ness operating at an airport engaged in the (iii) loan guarantees under this title shall North Dakota proposed the second-de- sale of consumer goods or services to the be extended based upon the ability of the eli- gree amendment. I am hopeful we will public under an arrangement with the air- gible travel-related business to repay the be able to adopt the Reid-Kyl amend- port or the airport’s governing body. loan without regard to collateral; and ment at a later time. (3) FEDERAL CREDIT INSTRUMENT.—The term (iv) any loan origination fee may not ex- AMENDMENT NO. 2807 ‘‘Federal credit instrument’’ means any ceed 1 percent of the loan value. guarantee or other pledge by the Board (B) PROCEDURES.—Not later than 14 days Mr. KYL. Mr. President, what is issued under section l02(b) to pledge the full after the date of enactment of this title, the pending before the Senate is my sec- faith and credit of the United States to pay Director of the Office of Management and ond-degree amendment to the Baucus all or part of any of the principal of and in- Budget, in consultation with the Board, shall amendment, which for those who are terest on a loan or other debt obligation issue regulations setting forth procedures for interpreting this means we are back on issued by an obligor and funded by a lender. application and minimum requirements. (4) FINANCIAL OBLIGATION.—The term ‘‘fi- (c) FINANCIAL PROTECTION OF GOVERN- the question of whether we can repeal nancial obligation’’ means any note, bond, MENT.— permanently the estate tax or, as it is debenture, or other debt obligation issued by (1) IN GENERAL.—To the extent feasible and frequently called, the death tax. an obligor in connection with financing practicable, as provided in paragraphs (2) and As we all will recall, last year when under this section and section l02(b). (3), the Board shall ensure that the Govern- we passed the Tax Reform Act, one of (5) LENDER.—The term ‘‘lender’’ means any ment is compensated for the risk assumed in the provisions that was incorporated non-Federal qualified institutional buyer (as making guarantees under this title. within that bill was a gradual reduc- defined by section 230.144A(a) of title 17, Code (2) GOVERNMENT PARTICIPATION IN GAINS.— of Federal Regulations (or any successor reg- To the extent to which any participating tion of the estate tax rates and en- ulatory) known as rule 144A(a) of the Securi- corporation accepts financial assistance, in largement of the exemption, and fi- ties and Exchange Commission and issued the form of accepting the proceeds of any nally, in the ninth year, an actual re- under the Securities Act of 1933), including— loans guaranteed by the Government under peal of the existing death tax.

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S325 We were joined in a bipartisan coali- every year, by farmers and small busi- a sudden the last couple of years we tion to support that. There were lit- nessmen and other people in this coun- start doing $12 billion, $13 billion, $14 erally scores and scores of organiza- try, is money that is spent on an un- billion of emergency spending. tions—and I am going to ask unani- productive enterprise that could be The Senator from Montana said we mous consent after a bit to print in the spent in creating jobs. have more problems; let’s add another RECORD the list of organizations that Let us get to a couple of specifics, $2 billion or $3 billion—not in the con- supported the repeal of the death tax— and then I will ask some of my col- text of the farm bill or the budget but and we even defeated an amendment of leagues to join in this debate. A De- just another couple billion dollars. Now Senator CONRAD of North Dakota that cember 1998 report by the Joint Eco- that we are in deficits, I question that. would have put the Senate on record as nomic Committee concluded the exist- My colleague from Arizona offered an saying we should not make it perma- ence of the death tax in this century amendment that my farmers have been nent. has reduced the stock of capital in the talking to me about for the last 20- Clearly, the intention was to make it economy by nearly half a trillion dol- some years, and that is to repeal the permanent; the desire was to make it lars. By repealing the death tax and death tax. Why in the world should ag- permanent. I do not think anybody putting those resources to better use, riculture, or anybody who has a busi- would have stood before the Senate and i.e., investment, the Joint Committee ness, have to sell the business because said we wanted to repeal the estate tax estimates as many as 240,000 jobs could somebody happens to pass away? Some- for 1 year. They would have been be created over the next 7 years, and body passes away and all of a sudden laughed out of the body. Yet that is Americans would have an additional the Government says it wants 55 per- precisely what the effect of our action $24.4 billion in disposable personal in- cent of their farm, 55 percent of their was. come. That is stimulus. business. I happen to think that is There is a rule in the Senate that You want to stimulate the economy? wrong. does not allow us to work in more than You want to create jobs? You want in- In the tax bill we passed last year, we a 10-year window without a 60-vote ma- vestment in capital and other busi- reduced the estate tax and we in- jority. There is a rule that required us nesses? Permanently repealing the creased the exemptions. We increased to change the procedure, and by mak- death tax will do that. the exemption from $675,000 to a mil- ing the procedure for 10 years, the ef- Last year, Dr. Wilbur Steger, a Ph.D. lion dollars beginning January 1 of fect is to sunset the repeal. That means president of CONSAD Research Cor- 2002. So that is a positive thing, a good we go right back to where it was last poration, and an adjunct professor of thing. Over the course of the tax bill, year with a 60-percent rate of the death policy science at the Heinz School of over the next 10 years, we eliminated tax and only a $675,000 exemption. Carnegie Mellon University, testified the death tax, increased the exemption If one wants to see how this works, in before the Senate Finance Committee from $1 million to $2 million to $4 mil- the year 2010 you do not have to pay and disputed the death tax supporters’ lion, where in the year 2010 the death any death tax if you die. It basically arguments that only 2 percent of tax is repealed. That entire bill was pays you to die in that year, but do not Americans are affected by the tax. sunsetted. People who do not follow try to live a day into the next year be- Rather than affecting less than 500 the Senate and do not know our rules cause you are then going to have to family businesses in a typical year, he ask why did we sunset it? We sunsetted pay the entire death tax as it existed in said the total number of taxable es- it because of the reconciliation bill. 2001. tates that consist largely of family- The reconciliation bill, by law, has to We go way back, in other words, to a owned businesses likely exceeds 10,000 be within a 10-year timeframe. We punitive, destructive death tax. Clear- families annually. He went on to state could not make permanent tax law ly, we did not mean for this to be the an immediate death tax repeal would changes. We could change the law in 10 way it was. Clearly, we would like to provide a $40 billion automatic stim- years. So that is exactly what we did. make it permanent, and this is the ulus to the economy. The Senator from Arizona says in time to do it because there is signifi- So what we could do best to stimu- this particular case the sunset does not cant evidence that making the death late the economy and create jobs is to work. When people are doing estate tax repeal permanent will significantly ensure that the death tax repeal we planning, they want to know what stimulate the economy and create jobs. voted for last year is in fact made per- their tax liability is when they die and, That is the reason for bringing it up at manent. if they have an estate, they can plan this time. I am going to provide some addi- accordingly. Maybe they can give their We are talking about the stimulus tional evidence that we can create jobs property to a son or a grandson, a package. The President is talking and stimulate the economy with the grandchild, a granddaughter, or maybe about creating jobs, and by repealing permanent repeal of the death tax, but they want to give it to a trust or they the death tax permanently we can at this time I yield to my colleague want to give it to a charity or they achieve those objectives. from Oklahoma, who I know wanted to want to break it up. Whatever they How is that so? In simple terms, peo- make a few remarks before he has to want to do, they should have those op- ple still have to plan for the death tax. leave. tions. They should not be faced with They still have to buy the insurance. The PRESIDING OFFICER. The Sen- the current situation of well, OK, we They still have to pay the lawyers. ator from Oklahoma. are going to reduce the death tax for They still have to pay the estate tax Mr. NICKLES. Mr. President, I ask years, increase the exemption up to $4 planners, the accountants, and all the unanimous consent to be made a co- million, in effect reducing the death rest of it unless they are absolutely sponsor of Senator KYL’s amendment. tax, but in the year 2011 it reverts back sure they are going to die during one of The PRESIDING OFFICER. Without and all of a sudden you are looking at the 365 days of the 10th year. If they objection, it is so ordered. an enormous tax rate, a tax rate that cannot be sure they are going to die Mr. NICKLES. Mr. President, this would be as high as 50 percent. That is during that period of time, then they amendment is a very positive amend- wrong. need to plan because the tax is back in ment. The Senator from Montana, Mr. So the Senator from Arizona says: effect. BAUCUS, introduced an amendment Let us fix it. Let us make it perma- Who, after all, except someone who that would add another $2.3 billion in nent. That was the intent of the bill would be deliberately taking their life, emergency spending for agriculture. that we passed last year. I believe that can predict when they are going to die? We debated that last week. We defeated is where the votes are in the Senate. If One sure does not want to be lucky it. We defeated it on a budget point of they believe in free enterprise, if they enough to live beyond the 10th year be- order. I made that motion because we believe in agriculture, if they believe cause then they are going to get stuck have had a lot of emergency spending in family farms, if they do not want an with the death tax with its punitive for agriculture. As a matter of fact, the enterprise, whether it be a farm or a rates, just as it was last year. That is last couple of years it has just business, if they do not want somebody why there is a huge expense involved in ballooned. We averaged less than a bil- to have to sell it because someone the existing law, and that expense lion or two for decades, and then all of passes away, to give Government half

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S326 CONGRESSIONAL RECORD — SENATE February 5, 2002 of it, then support the amendment of with farm people in my State, this was not oppress them. We need more com- Senator KYL. their No. 1 issue—to eliminate the petition in the American economy. If my colleagues really want to do death tax. It is savaging closely held It is troubling that virtually every something, let us make this tax enterprises all over America, particu- bank in my home State of Alabama has change, which, because we were under larly farms. It is something that touch- been sold and bought up by a bigger reconciliation last year had to be tem- es people in a very real way. The way bank, and they get bought up by bigger porary, had to be sunsetted. We are not this elimination has occurred as part of banks. Why? One reason is families under reconciliation now so we do not the budget reconciliation, as Senator who used to routinely own banks, that have those constrictions imposed upon NICKLES so ably described, we will have were tied to the community, sup- us as Members of the Senate. We are elimination of the death tax 1 year, porting Boy Scouts, schools and the not under those rules, so I encourage and a reimposition of it the next year, United Way, cannot compete. They are my colleagues to not say, oh, yes, they leaving estate planning problems for looking at the death tax coming down supported elimination of the death tax, people trying to wrestle with that. It on them. They figure they can protect and in the year 2011 it is reinstated at has human consequences. themselves against it more effectively the previously higher rates. That I remember being on an airplane not by selling off their small business to a would be grossly unfair and grossly in- too long ago with a professional larger corporation that does not have equitable. woman. She told me about her grand- to pay that tax. For people who are trying to do es- father dying back in the 1980s. A tax I thank Senator KYL for his leader- tate planning and trying to estimate change in the death tax was passed ship. I believe we ought to consider what their tax liability would be for during the Reagan years. It was to take that the death tax is an anticompeti- their kids or for their grandkids, it is effect January 1. The family was home tive activity that hurts competition by tremendously unfair. It might be great for Christmas. He was dying of cancer. damaging small businesses and farms for the estate lawyers, for estate plan- He had terminal cancer. Each morning in a way that does not occur to larger, ners and others because the more Con- he asked what day it was. He died 11 wealthier international enterprises. gress changes this, the more they get a.m., January 1—his last contribution The PRESIDING OFFICER. The Sen- to do in writing wills and rewriting es- to his family. This is personal. It is ator from Arizona. tates and how planning should be done. real. It savages businesses. Mr. KYL. I ask unanimous consent to So the way to solve this problem is to Let me try to explain why I believe have printed for the RECORD a 3-page pass the amendment of the Senator we have a particularly pernicious con- listing of a variety of organizations, all from Arizona. That is the best thing we sequence as a result of the death tax of which support repeal of the estate could do for agriculture, not another $2 that has not been sufficiently discussed tax. billion, $3 billion in emergency assist- and is causing damages to our economy There being no objection, the list was ance. far greater than a lot of people ordered to be printed in the RECORD, as Every Congressman and every Sen- thought. This is the reason. I thought follows: ator knows if we could go back and tell about farmers in Alabama. Maybe they THE FAMILY BUSINESS ESTATE TAX COALITION our agricultural community, the Farm own a couple thousand acres, and Air Conditioning Contractors of America, Bureau, the farmers union, the wheat maybe some of that land is near an air- American Business Press, American Con- growers, the cattlemen, and so on, that port or town and the value on paper is sulting Engineers Council, American Council we repealed the death tax, we know we high but they don’t want to sell it. for Capital Formation, American Family would get a standing ovation because Compare that to an international paper Business Institute, American Farm Bureau company that may own 600,000 acres of Federation, American Forest and Paper As- of the very fact that many of those sociation, American Forest Resources Coun- farms are second and third generation. land, 200,000 or 100,000 acres of land. cil, American Hotel & Lodging Association, They are wealthy on paper but they are They compete against one another. If American International Automobile Dealers cash poor. they are timber producing, and both Association, American Supply Association, So if they pass away now, they know grow timber, they compete against one American Wholesale Marketers Association, their survivors will have to sell the op- another. American Vintners Association, Americans eration to pay the death tax, to pay the The big multinational corporation for Fair Taxation, Associated Builders & tax that will be owed the Federal Gov- that does business all over the world is Contractors, Associated Equipment Distribu- tors, Associated General Contractors, Asso- ernment. When the Government comes never impacted adversely by the estate tax. People who own stock in it may ciation for Manufacturing Technology, Citi- in and says they want half, they will zens Against Government Waste, and Citi- have to sell it; they will have to break be, but not that corporation. But the zens for a Sound Economy. it up. In the process, it will cost a lot individual competitor, the competitor Communicating For Agriculture, Construc- of jobs. of the big international corporations, tion Industry Manufacturers Association, The amendment of Senator KYL cre- builds up a little capital, equity, and Farm Credit Council, Fierce and Isakowitz, ates jobs. It will help maintain small realizes some success, and they can get Food Distributors International, Food Mar- businesses so they do not have to break savaged, each generation, by a 50-per- keting Institute, Guest & Associates, Inde- cent tax. This makes them uncompeti- pendent Community Bankers of America, up. It will help maintain farms and Independent Insurance Agents of America, ranches so they will not have to break tive. Is there any doubt why farmers International Council of Shopping Centers, them up into smaller units or sell them getting to the end of their lives, small Kessler & Associates, National Association for the taxman. businessmen wanting to pass on their of Beverage Retailers, National Association So I again compliment my colleague business to their family, have to sit of Convenience Stores, National Association from Arizona. I think he has an excel- down and discuss what they are going of Home Builders, National Association of lent amendment. He has added it to the to do? They have to sit down and de- Manufacturers, National Association of amendment of Senator BAUCUS. I en- cide if they can pay that generational Plumbing-Heating-Cooling Contractors, Na- courage people on both sides of the tax and still operate the business. tional Association of Realtors, National As- sociation of Wholesaler-Distributors, Na- aisle to vote in favor of the amend- What if the business has a lot of invest- tional Automobile Dealers Association, and ment. ment, a lot of capital, hiring a lot of National Beer Wholesalers Association. I yield the floor. people, but they do not have a lot of National Cattlemen’s Beef Association, Na- The PRESIDING OFFICER. The Sen- cash? How can each generation pay tional Corn Growers Association, National ator from Alabama. this huge death tax to the Govern- Cotton Council, National Electrical Contrac- Mr. SESSIONS. Mr. President, I ask ment? Yet the big business competitor, tors Association, National Federation of unanimous consent that I be named as a broadly held international corpora- Independent Business, National Grocers As- sociation, National Licensed Beverage Asso- a cosponsor of Senator KYL’s amend- tion, with which they compete, does ciation, National Lumber and Building Ma- ment. not ever become impacted by the death terial Dealers Association, National Marine The PRESIDING OFFICER. Without tax. Manufacturers Association, National News- objection, it is so ordered. That is happening in America. We paper Association, National Restaurant As- Mr. SESSIONS. Mr. President, when need to encourage locally owned cor- sociation, National Roofing Contractors As- I first came to the Senate and I met porations. We need to nurture them, sociation, National Small Business United,

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S327 National Taxpayers Union, National Tele- The Retailer’s Bakery Association, Satura- argue that justifies keeping this unfair phone Cooperative Association, National tion Mailers Coalition, Small Business Coun- law on the books. Tooling & Machining Association, National cil of America, Inc., Small Business Export- No, the reality is that we can create Utility Contractors Association, Newspaper ers Association, SMC Business Councils, So- a lot more jobs, 240,000 jobs over the ciety of American Florists, Specialty Equip- Association of America, Ocean Spray Cran- next 7 years, by a repeal of the estate berries, Inc, and Organization for the Pro- ment Market Association, Tire Association motion & Advancement of Small Tele- of North America, Turfgrass Producers tax. We can provide another almost $25 communications Companies (OPASTCO). International, United Motorcoach Associa- billion in disposable personal income, Painting & Decorating Contractors of tion, and Washington Area New Automobile according to the Joint Economic Com- America, Petroleum Marketers Association Dealers Association. mittee. These numbers do not lie. We of America, Printing Industries of America, Mr. KYL. Mr. President, let me give have an opportunity to do something Rock Hill Telephone Company, Safeguard a sense of the businesses and organiza- positive for our economy, for job cre- America’s Family Enterprises, Society of ation, for investment. That is why the American Florists, Southeastern Lumber tions involved—everything from the Manufacturers, Texas and Southwestern Cat- American Council for Capital Forma- President has included this permanent tle Raisers Association, Textile Rental Serv- tion, American Family Business Insti- repeal in his budget for this year. ices Association, Tire Association of North tute, Hotel & Lodging Association, the Let me show how this works and how America, United States Telecom Associa- National Automobile Dealers Associa- unfair it is. Somebody dies in the year tion, U.S. Business & Industry Council, U.S. tion, Citizens Against Government 2009. None of us can predict when we Chamber of Commerce, Wine and Spirits Waste, Citizens for a Sound Economy, will die. If you die in the year 2009, Wholesalers of America, and Wine Institute. a long list of agricultural organiza- those in your family who succeed you MEMBERS OF THE SMALL BUSINESS tions, Independent Insurance Agents of will be faced with a potentially high 45- LEGISLATIVE COUNCIL (71) America, National Association of Home percent death tax rate. The good news Air Conditioning Contractors of America, Builders, National Association of Man- is they have a $3.5 million exemption Alliance of Independent Store Owners and ufacturers, National Cattlemen’s Beef because that is the way we structured Professionals, Alliance of Affordable Serv- it under our tax bill last year. If you ices, American Bus Association, American Association, National Corn Growers Consulting Engineers Council, American Association, National Taxpayers are lucky enough to die in the year Council of Independent Laboratories, Amer- Union, Chamber of Commerce, and on 2010, assuming that dying is a good ican Machine Tool Distributors Association, and on, a whole number of businesses thing—when I say ‘‘if you are lucky American Moving and Storage Association, and organizations. As we recall from enough,’’ I don’t mean it that way—if American Nursery and Landscape Associa- the debate we had last year, a group of you can avoid dying in the year 2009 tion, American Road & Transportation environmental organizations, as well, and stretch your life into 2010, you will Builders Association, American Society of were involved because of the pro-envi- be able to have your loved ones avoid Interior Designers, American Society of the death tax entirely as a result of the Travel Agents, Inc., American Subcontrac- ronmental ramifications of repealing tors Association, Associated Landscape Con- the death tax permanently. bill we passed last year. However, if tractors of America, Association of Small It is very important to focus for a you are able, through good medicine Business Development Centers, Association moment on why we are proposing this and health care and the like, to extend of Sales and Marketing Companies, Auto- amendment on this bill at this time. your life to the following year, the motive Recyclers Association, Bowling Pro- President Bush’s budget for the next year 2011, your family is in a world of prietors Association of America, Building fiscal year incorporates a permanent hurt. Because you lived a little bit Service Contractors Association Inter- repeal of the estate tax. This is some- longer, they are going to go back to national, and Business Advertising Council. the days when we had a 60-percent CBA, Council of Fleet Specialists, Council thing the President knows will benefit of Growing Companies, Cremation Associa- our economy and create jobs. That is death tax rate and an exemption of tion of North America, Direct Selling Asso- why it is included within his fiscal year only $675,000. ciation, Electronics Representatives Asso- 2003 budget sent here yesterday. This is What is a sensible small business per- ciation, Health Industry Representatives As- propitious timing. We have the oppor- son, farmer—whoever—going to do, sociation, Helicopter Association Inter- tunity to act on this now. given the fact that it is pretty difficult national, Independent Community Bankers Earlier I indicated the reason this to predict when you are going to die? of America, Independent Electrical Contrac- has such a stimulative effect is that And you clearly do not want to take tors, Inc., Independent Medical Distributors there is such a large amount of money the chance that the only year that you Association, International Association of Re- are likely to die in is 2010. What you frigerated Warehouses, International Asso- being spent on lawyers and estate plan- ciation of Used Equipment Dealers, Inter- ning and insurance that could be more are going to do is pay lawyers and ac- national Business Brokers Association, productively put into investment in countants and estate planners and buy International Franchise Association, Ma- companies for the creation of jobs. the insurance that needs to be pur- chinery Dealers National Association, Mail To give an idea of the magnitude of chased to reduce that death tax liabil- Advertising Service Association, Manufac- the money we are talking about, I will ity to as little as possible. That is the turers Agents for the Food Service Industry, cite a study done for last year. Alicia expenditure we are talking about that Manufacturers Agents National Association, Munnell, a member of President Clin- is unproductive. That is to say it does and Manufacturers Representatives of Amer- ton’s Council of Economic Advisers, es- not create any new jobs, it doesn’t ica, Inc. National Association for the Self-Em- timates the cost of complying with stimulate the economy; all it does is ployed, National Association of Plumbing- death tax laws is roughly at the same continue the status quo of a death tax Heating-Cooling Contractors, National Asso- magnitude as the revenue raised by the that is going to take effect when you ciation of Realtors, National Association of tax itself. die. RV Parks and Campgrounds, National Asso- In 1998, that was about $23 billion. In This is the reason it is not only un- ciation of Small Business Investment Com- other words, for every dollar the death fair, but what we accomplished last panies, National Community Pharmacists tax raises for the Treasury, it almost year is really, in some respects, a cruel Association, National Electrical Contractors costs Americans that same amount of hoax. I know a lot of people I talk to Association, National Electrical Manufac- turers Representatives Association, National money to prepare to deal with the back home believe we actually repealed Lumber & Building Material Dealers Asso- death tax when their time comes. It is the death tax. There was some brag- ciation, National Ornamental & Miscella- literally a double tax. Half of it is to- ging about the tax bill last year. It was neous Metals Association, National Paperbox tally unproductive. a great bill. The problem with it is, as Association, National Private Truck Coun- I am a lawyer. I don’t mean to sug- the Senator from Oklahoma said, be- cil, National Retail Hardware Association, gest that paying money to lawyers is a cause it was done as part of a reconcili- National Tooling and Machining Associa- bad thing. But one can hardly argue ation package, it could not exceed a 10- tion, National Wood Flooring Association, that it creates new jobs. Perhaps one year time span. Painting and Decorating Contractors of could say we need to have more law- I have tried to go back home and ex- America, Petroleum Marketers Association of America, Printing Industries of America, yers. As long as we keep this law on plain to people what we did was really Inc., Professional Lawn Care Association of the books and we do not permanently good. We established the principle that America, and Promotional Products Associa- repeal the death tax, we can put a few we did not want the death tax anymore tion International. more lawyers to work. It is a stretch to and we had a bipartisan coalition of

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S328 CONGRESSIONAL RECORD — SENATE February 5, 2002 Senators who voted overwhelmingly liability there was so great that they months on the stimulus package— for that. But we now have to finish the ended up having to sell this business. months. It is never quite right. There business we started. As the President is The idea of a death tax is to prevent is always something just a little bit proposing in his budget, we have to an accumulation of wealth. That is the lacking. make that repeal permanent. Other- theory of it. What happened here? They Remember, there were rules set down wise, we not only have a very unfair had to sell to a big company, the kind for what a stimulus package should be. situation, but we have a very ineffi- of big corporation the Senator from I may not have it down exactly right, cient and I would say uneconomical Alabama was just talking about. In- but it is supposed to be fiscally respon- situation here. stead of this small—I would say, with sible, supposed be short term, and We have the opportunity to put that 200 employees, it is getting to be a me- would have no effect on the deficit. money to work that otherwise would dium-size business, but it was still a That is what we were supposed to do to simply go—again, I don’t mean to deni- sole proprietorship basically. But in- get a stimulus package. And we have grate lawyers—to pay those lawyers to stead of having the business in our tried very hard. figure out how to enable you to maxi- town, employing all those people from But what are we working on today, mize the reduction in your death tax town, contributing to the charities and now, to divert attention from what the when you die. the local economy, and so on, this big underlying Daschle bill does? We are Mr. SESSIONS. Will the Senator corporation came in. Are they still em- now talking about something 10 years yield for a question? ploying that number of people? No. Are from now. I don’t know if any of the Mr. KYL. I am happy to yield. they contributing to the community as unemployed are watching. There are Mr. SESSIONS. First I want to ex- did our friend Jerry? No. These people probably some watching TV because press my personal appreciation to Sen- are not making the kind of invest- they are not working, so maybe some ator KYL for his leadership on this ment—and I don’t denigrate them at of them slipped onto C–SPAN. I hope issue since I have been in the Senate. all, but they are trying to run a busi- the unemployed understand what is There is no one here who understands ness, and that is fine, but there is a dif- going on here. The minority is now fo- it more than he, or has fought more ef- ference here. cusing again on the wealthy. We can fectively to see it become more a re- The small businessman who built up have all the stories about the poor fam- ality, the elimination of the tax. his business continued to plow every- ily farmers, and I understand that. I But, I say to Senator KYL, what I was thing he had back into the business, think the estate tax needs some revi- thinking about was the circumstance which is exactly the point the Senator sion, and we were willing to do that, to of a small business seeing a death on from Alabama is making here. You put work with the minority to do that. the horizon and a death tax coming up. it back into the business so it can con- Say what you want to say. This af- The fact that they know they have to tinue to grow because it is a family- fects the top one-half percent of the people in America as it relates to in- make a payment of significance to owned business. You do not have to come. We were willing to change it Uncle Sam—would that not perhaps take out all the money and send it from the standard before. But no mat- cause them to hesitate to invest in new someplace else. Because they did that, ter how you twist and turn it, this re- equipment, to modernize or expand they were asset rich and cash poor. You lates to people who have assets—a lot their business, knowing that that do not want to find yourself in that po- might cause them to use up their cash of assets. sition if you are going to die, because How do the unemployed feel? We or even borrow money, and in fact you cannot pay the taxes. That is why have given them nothing—zero. Since make the economy less vibrant than it his family had to end up selling the September 11, we have taken care of otherwise would be? business. the airlines. We have focused on the in- Mr. KYL. Mr. President, I say to the Mr. SESSIONS. I would like to follow Senator from Alabama, that is another surance industry. We have done all up on that. The company that bought kinds of things for corporate America entirely separate argument for elimi- them, bought your friend Jerry’s busi- but very little for consuming America. nating the tax and making its repeal ness, presuming they were a broadly We talk about meeting the qualifica- permanent. The Senator is absolutely held stock corporation, maybe of na- tions for having something stimula- correct. tional size—that corporation would tive. Studies have shown that every In addition to the wasteful money we never have to plan its economic future dollar invested in unemployment insur- spend trying to avoid the liability or with the fear of having to pay an estate ance produces $2.52 in gross domestic reduce it as much as possible, rather tax because corporations do not pay product. Those unemployed out there than putting that into productive as- death taxes; is that correct? Isn’t that should understand that we want to sets, the Senator is pointing out that a factor, an economic incentive we help. We have tried to help. because of the possibility—it is almost have created for small businesses to Part of Senator DASCHLE’s legislation like a black cloud hanging over your sell out to big businesses when really deals with extended unemployment head—if you think you are going to they ought to be competing against benefits. During the previous Bush ad- die, you are not going to make that them and keeping them honest? ministration, we extended unemploy- new investment, you are not going to Mr. KYL. I say the Senator from Ala- ment benefits five times. We did it dur- revitalize your plant and equipment or bama is exactly correct. It is an unfair- ing the Reagan years. But now we are hire that other team that is going to ness for the small business because the not doing it. We are not messing produce a new product, or maybe go small businessmen are taxed in this around with something to help the un- out of your way to market the prod- fashion. The big corporation—I am all employed. uct—all of those things that will be an for big corporations, too, but they In Nevada, over 100,000 jobs have been investment in our economy. You are don’t have to worry about this kind of lost because of September 11. Indi- going to defer that because you know thing. So there is, in effect, a perverse rectly, in the service industry—people you are going to need it for something incentive working here, but it is one of who wait tables, waiters, waitresses, else; namely, to pay the grim reaper, the things that is not only bad for the park cars—over 30,000 jobs were lost. because you know you are going to economy but it makes it unfair. It is Those people are now without unem- pass away. not really an American way of looking ployment benefits. Their time has run I think of an example back home of a at things, to my way of thinking. out. company that became very successful. If the Senator from Nevada would I think we should extend it. They did One entrepreneur moved to our State like to speak, we have had our chance not do anything wrong. We have done and over time built up a wonderful here, so the Senator is welcome to the it in the past. It is not as if they are business employing over 200 people. He floor. not willing to work. They are on the was a great contributor to the char- The PRESIDING OFFICER. The dep- union lists. If something picks up, they ities in our community. He was one of uty majority leader. will be rehired. In the meantime, they those pillars of the community that Mr. REID. Mr. President, I hope peo- need help. you just like to think of but he died. ple are beginning to see what Senator I was a big supporter of Welfare to His family had a terrible time. The tax DASCHLE has put up with now for Work. I think we did good work during

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S329 the Clinton years to get Welfare to tended unemployment benefits. It calls Christmas break, starting January 23. Work. As you recall, President Clinton for tax rebates for those people who This is the third week we have been on didn’t accept proposals that were sent didn’t get tax rebates during the first this. It is never quite right. There just to him. He kept vetoing them until he round. Remember, the most successful isn’t anything we can quite do to get to got it just right. He improved it by his part of President Bush’s tax cut pro- finality. veto. gram was our program that he stole Under the Senate rules, it is not like There are people in Nevada who are from us. I was glad he did. But that was the House of Representatives. If you working in the service industry. Some our program. We called for rebates. have one more than a majority over of those 30,000 people are people who That was us. We asked for that because there, you can ram anything through. went into Welfare to Work. These peo- we knew those people would spend that It is like the British Parliament. When ple may be dishwashers. They may be money quickly. They have. you are in the majority in the British people who assist maids in cleaning up Also, part of Senator DASCHLE’s leg- Parliament, you march down the road the hotel rooms in Las Vegas and islation was bonus depreciation. What and get anything you want. But that is Reno. They may be someone working is that? The bill would increase the not the way it is in the Senate. in some other rather low-paying job, bonus depreciation deduction for the For 200-plus years, the Senate has but they get paid certainly a lot better cost of any capital asset purchased be- had certain rules. They work well. But than being on welfare. Those people are tween September 10, 2001, and Sep- it does not make things easy in passing out of work and haven’t been on the tember 11, 2002, and it would be cer- legislation. And you usually have to job long enough to qualify for unem- tified by the end of 2002. have 60 votes. ployment benefits. We want to give One of the amendments offered by Senator DASCHLE thought he had 60 them some help. But no, this isn’t the chairman of the Finance Com- votes for everything that was done quite the right time to do this. mittee, Senator BAUCUS, extended that. here. But, no, it is not quite the right There was the Department of Labor So Senator DASCHLE’s 1-year proposal time to do an economic stimulus pack- study done in 1999. This is not some has been extended. The bonus deprecia- age today. Maybe tomorrow. Maybe the new study to justify an unemployment tion up to 30 percent of the cost of the next day. insurance extension. This was done in asset would be in addition to the nor- But what we are faced with is a farm 1999. Every dollar invested in unem- mal first year depreciation. Leaseholds bill we would like to complete, we have ployment insurance extension gen- would qualify for the bonus deprecia- election reform we would like to com- erates $2.52 in gross domestic product. tion deduction. This would really help plete, and we have energy legislation Another study by the Department of small business. It would help big busi- we would like to work on prior to a Labor estimated that unemployment ness, but it would really help small week from this Friday. It leaves the insurance mitigates real loss in gross business. That is why the majority majority leader with very few alter- domestic product by 15 percent. In the leader included this in his legislation. natives because it is obvious this is a last five recessions, the average peak Finally, a provision in his legislation slow walk—this has been a slow walk number of jobs saved was 131,000. would provide temporary increases for since January 23—because no matter Joseph Stiglitz, co-winner of the a Federal Medicaid matching rate, what the leader does, it is not quite Nobel Peace Prize in economics last called FMAP. The Federal Government good enough. year, stated that we should extend the matches between 50 and 83 percent of So I respect the feelings, the passion duration and magnitude of the benefits the cost of Medicaid in each State de- that my friend from Arizona, Mr. KYL, we provide to our unemployed. This is pending on the State’s per capita in- has. He is very good at expressing how not only the fairest proposal but also come. Medicaid matching rates for fis- strongly he feels about that. I under- the most effective. People who become cal year 2002 are based on a State’s per stand the strength of his feelings. My unemployed cut back their expendi- counterpart, Senator NICKLES, I under- tures. Giving them more money di- capita income in 1997, 1998, and 1999, in stand the strength of his feelings in re- rectly would increase expenditures. which the economy was very strong. But here we are not doing what is The most recent economic trends do pealing the death tax. The manager of called for by the President of the not reflect a new matching rate. Sen- the bill today, Senator SESSIONS from United States, saying that if we are ator DASCHLE wanted to adjust that. Alabama, makes a very good point on going to do something on an economic Why did he pick these four things: why he feels as strongly as he does. recovery plan, it should be short term, Extended unemployment benefits, tax And I appreciate that. fiscally responsible, and it should do rebates, bonus depreciation, and fiscal But I say to my friends—and all anything for the deficit. This amend- relief for the States? The reason he did three are my friends—it is so obvious ment fails on all three. it is people believed these things would what is happening here. This stimulus The Congressional Research Service be stimulative to the economy. But he bill, which we have been trying to pass concurs with Joseph Stiglitz. They say narrowed it down to four things he had since January 23, is going no place. Ev- that extending unemployment com- heard speeches about given by the ma- eryone can see that. We are going to pensation is in fact likely to be a more jority and the minority in the Senate have a cloture vote on it tomorrow to successful policy for stimulating aggre- saying we think this should be done. try to get 60 votes. It seems pretty gate demand than any other tax or There was general agreement on the clear to me the minority is not going transfer charge. four things he put in this legislation. to allow debate to stop on this legisla- There is a time and place to debate But, no, it is not quite the right time. tion. That being the case, it is up to whether or not the estate tax repeal No matter what happens, it really is the majority leader how we will pro- should be made permanent. I acknowl- not quite the right time to do it. ceed. He is the only one who has that edge that. There is a time and place to Now we are in a debate about making decisionmaking power. do it. But it is not on this legislation. the estate tax repeal permanent. Let us We have other things we have to get This is another effort to allow the mi- see. Does that stimulate the economy? to, such as the farm bill. Nevada is not nority and the President of the United No. Is it short term? No. Is it fiscally really a State that depends heavily on States and the people around him to responsible? No. But again it deals agriculture. We grow garlic. We are the blame Senator DASCHLE and the Demo- with the rich people. I am all for help- largest producer of white onions in crats, that we didn’t do anything to ing rich people. I think it is something America. We grow a few potatoes. We pass an economic stimulus package. we have an obligation to do. I think have many cows. We have some large But the American people aren’t that helping rich people helps everybody. dairies to supply some very thirsty stupid. They know that we have done But there is a limit. people in Las Vegas. We even supply it. It was laid out here yesterday in de- I say to those unemployed watching Carolina some milk. But we are not a tail by Majority Leader DASCHLE. He C–SPAN today, keep in mind that we State dependent on agriculture as are has tried to get an economic stimulus are trying to help. We have tried and so many States. package passed. tried and tried. This has been going on But the farm bill is very important What did he ask for? What does the for months now. On this particular leg- to many Senators. Of course, that is underlying bill call for? It calls for ex- islation, we tried again after the something we could not complete. We

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S330 CONGRESSIONAL RECORD — SENATE February 5, 2002 could not stop the filibuster on that at Our Democrat colleagues are not We have had an orderly debate. We year’s end. going to accept that proposal because have been willing to set time limits on We thought we had a bipartisan the problem is, we have a majority votes. And now the Democrat floor agreement on election reform, and I vote for a bipartisan agreement that leader says that we are getting no- think we do. There has been tremen- was put together by Senator SNOWE where and that this is not a real effort. dous work done by Senator DODD, Sen- and Senator BREAUX it has nice We ought to have an opportunity to ator BOND, and others—bipartisan leg- rhythm: SNOWE and BREAUX and it is vote on a bipartisan proposal. I believe islation—so we don’t have the problems supported by moderates on both sides it would pass. It looks as if we are not we had in the last Presidential elec- of the aisle and has very strong support going to do that. tion. among Republicans in general. We want an opportunity to vote on I am not necessarily picking on Flor- I remind my colleagues the sad his- some things we believe will stimulate ida. I think if a lot of States had been tory of the stimulus package is that the economy. I will, before I address looked at with a magnifying glass like the President met with Democrats and the amendment before us, sum up the Florida was looked at in the last elec- met with Republicans, took some Dem- point I made earlier. tion, we would all have problems. But ocrat ideas, took some Republican The majority leader has some this is a bipartisan effort to try to ideas, and made a bipartisan proposal, choices. He can bring up his bill and make that no longer the case—that we which I believe the President earnestly give us the right to try to improve it. would have certain standards for elec- thought, in the aftermath of Sep- That is what we are trying to do. He tions and that the Federal Government tember 11, we would adopt. says now he is going to pull down the would assist States in obtaining and What happened—almost imme- bill because we are trying to improve then maintaining those standards. So diately—is that our Democrat col- it. He has the right to do that. we need to do that. leagues said: We will take the half of A second alternative is to bring up Of course, energy legislation is some- the bill that is ours, but not the half of the bipartisan bill and give Senator thing for which there has been a hue the bill that came from the White DASCHLE a chance to amend it. I think and cry from the minority, and right- House and from Republicans. we can work out an agreement to do fully so. We need to get to that legisla- We can go back and forth and make that, but I do not believe Senator tion. Senator DASCHLE, last year, made our arguments. We have clever people DASCHLE is going to do that because a commitment that we would get there on both sides of the aisle. We can argue the bipartisan bill will pass. before the Presidents’ Day recess. The we don’t see any stimulus in the Demo- A final proposal, which I repeat in Presidents’ Day recess starts next Fri- crat package. Obviously, they can case anybody is interested in a com- day, so that leaves very little time. make the same argument. I don’t know promise, is let the Democrats sit down With all due respect to the fervency who would be convinced on either side. and write the best bill they can write. of the feelings of those who want to re- But when that effort failed, Demo- We are going to take the bipartisan peal and make permanent the death crats and Republicans in the Senate bill. It is not the best bill we can write, tax, keep in mind that at this stage it got together and put forth the only bi- but it is a bill that has over 51 votes. It is only an effort to divert attention partisan proposal for a stimulus pack- is not wonderful, but it would help the from what we are really trying to do; age that has been put forward in the economy both in the short term and in that is, pass a bill that will stimulate Senate. At that point, we clearly had the long term. We are going to take the economy, will be short term, will more than 51 votes for a stimulus pack- that bill. Let the Democrats bring for- have no effect on the deficit, and be fis- age. This was way back before Congress ward their proposal as to how we stim- cally responsible—not legislation that, adjourned in December. ulate the economy, and let us bring once again, has the unemployed get- In an extraordinary action, the Presi- ours forward. We will vote on both of ting zilch, zero, nothing, and the dent said: Take that bipartisan com- them, and the so-called ‘‘king of the wealthy, again, getting the largest promise. Let’s agree on it. I will sign it hill’’ parliamentary procedure that we amount that we throw to them. And into law. He asked the House of Rep- could put into place by unanimous con- even though they deserve attention— resentatives to take a bill written by sent is the one that gets the most votes and we have given them plenty—I the Senate, to introduce the bill in the will be deemed passed, and then we can think the time has come to help those House, and pass it, and send it to the go to conference with the House, and people who need help: the unemployed, Senate. perhaps we might get a stimulus bill. the underemployed, small business peo- At that point, as the session drew to I do not see how anybody can say ple, and helping States that are having a close last year, the majority leader, that is unfair. Senator DASCHLE could difficult times because of the Medicaid Senator DASCHLE, knew that the bill get a vote on his stimulus package. We matching funds. that had been passed by the House, and could get a vote on the bipartisan one, Of course, as I have indicated earlier, had come over here, and was waiting at and majority would rule. we really need to do something to help the desk, that there were a majority of I do not think that is going to happen small business. And in the process, we the Members of the Senate—Democrats because the Daschle package would get would be helping big business with this and Republicans—who would vote for fewer votes. We all know it. The bipar- bonus depreciation. that bipartisan proposal if it were tisan bill would pass, and I believe that The PRESIDING OFFICER. The Sen- brought to the floor of the Senate. would be objected to. ator from Texas. No one can dispute those facts. What does this all boil down to? The Mr. GRAMM. Mr. President, I thank What did the majority leader do? He one bill that can pass the Senate, the my colleague for his speech. I think we refused to bring it to the floor of the majority leader will not allow to be all share some frustration—obviously, Senate. voted on. from different viewpoints—about the When we came back into session, the You can say that is a good thing and stimulus bill. I would just like to sug- majority leader took three provisions you can say that is a bad thing, but it gest there is a solution to the problem; from the President’s proposal—some in is a fact, and that is the impasse in and that is, we could have a unanimous a slightly different form than the which we find ourselves. consent agreement where we would let President had put in his proposal—be- We now have a bill that very few peo- our Democrat colleagues put together cause Democrats had proposed them, ple are for, and we just want to try to a stimulus package, we would put to- threw the rest of the package out, and amend it. gether a stimulus package, we would then made up a fourth proposal that no We have an amendment before the have a unanimous consent agreement one had seen, and brought that forward Senate which is a very important to vote on both of them, and if they as a stimulus package. amendment. When we passed the tax both got over 50 votes, then the one He has every right to do that. He is cut last year, we faced a parliamentary that got the highest number of votes the majority leader. But we have a problem that most people do not under- we would take to conference with the right to offer our amendments. We stand; that is, we were operating under House. And we would, therefore, be on have offered amendments. Some have a process called reconciliation. That is our way to have a stimulus package. been adopted. Some have been rejected. a budget process. It means the things

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S331 you do under that process can extend We have colleagues who say: Wait, I think this is an important issue. I no longer than the budget unless you won’t people make money rebuilding would like to vote on it. Perhaps if peo- can waive a point of order and get 60 this roof? There will be a profit, and ple want to get on with writing the votes. don’t rich people tend to live on the bill, if we could make the death tax re- Some will sadly remember that the higher floors of this apartment build- peal permanent, as bad as I believe the tax cut received 58 votes in the Senate. ing? Won’t they benefit more by having Daschle proposal is, I believe it does We did not have the votes to waive this a roof than the poor people who live in absolutely nothing for the economy, I process so the tax cut could last only the basement and on the first and sec- would have a hard time not voting for as long as the budget, and the budget ond floors? it if we were making the death tax re- was only 10 years long. Really, wasn’t that what the stim- peal permanent. It produced this incredible situation ulus debate was all about? Honest to Quite frankly, if Senator DASCHLE that stuns the American people when God, what we do, remarkable as it wanted to pass his bill he could prob- we tell them. The tax cuts that we sounds, is we end up buying a bunch of ably pick up at least two votes by sup- passed—eliminating the marriage pen- blankets, stockpiling penicillin, we porting our amendment. So, A, I hope alty, eliminating the death tax, reduc- hire a bunch of doctors and nurses, and we can vote on this today. B, I hope we ing tax rates dramatically—all of those we spend a whole winter treating peo- can vote on it someday. C, I believe provisions go away in 10 years. ple for exposure rather than rebuilding when the American people understand Nothing is more destabilizing to the the roof on the apartment building. we did not really repeal the death tax On the death tax—and I am sure my economy than having a temporary tax unless you die 10 years from now and if colleague from Arizona will concur—I system. There is no doubt that we af- you do not die in that year it comes have never spoken on this subject in fect behavior when people do not know back, I think they are going to demand my State to any audience no matter what the system is going to be in the it be repealed, and I believe it will be what their background, what their edu- future. This is especially true with re- repealed. I do not have any doubt in gard to the so-called death tax. cation, no matter what their income, no matter what their wealth that did my mind we will repeal the death tax. As our dear colleague from Arizona I thank the Senator from Arizona. I not believe that it was fundamentally has pointed out very clearly, we have urge him to talk to the majority leader wrong to force a family to destroy this incredible anomaly that if you die, about having a vote this afternoon. We depending on in what year you die, be- their life’s work in a business or a farm would like to vote. Every Senator in tween now and the 10th year of the tax to pay taxes when somebody died. Peo- the Chamber right now, except Senator cut, the taxes you pay will vary. If you ple fundamentally think it is wrong to REID, is convinced, and the Presiding die in the 10th year, your family will tax death. You have to die anyway. Officer, and we are ready to vote. We inherit your business or your farm or That is never a happy event. Why would like to have a vote on this issue. your assets tax free. If you die in the should we compound it by rushing in Perhaps if we could adopt this amend- 11th year, they are going to have to and collecting a tax at that moment? ment, we might be moving toward a sell your business or sell your farm, I have found in watching audiences, stimulus package that would be truly sell or mortgage your life’s work to when I have spoken on this subject, it bipartisan. give the Government 55 percent of does not seem to matter whether it is I thank my colleague for his leader- every dollar you accumulated worth of a local banker or whether it is a guy who works at the filling station. No- ship, and I yield the floor. value on your farm, your business, The PRESIDING OFFICER (Mr. your assets in your lifetime. body believes, at least in my State, DAYTON). The Senator from Arizona. Needless to say, that is an absurd cir- that it is right when somebody has Mr. KYL. I thank the Senator from cumstance. I, quite frankly, am con- paid taxes their whole lives, has built Texas very much for his great set of cerned that people who have some kind up a farm or a business, to take it away comments, and also for what he said of serious illness might actually choose from their children when they die. personally. I agree, when the assistant to end their lives in the 10th year. That We reached a bipartisan consensus on majority leader says there is an at- is not beyond my imagination. that principle, but because of this fluke We had a strong consensus on repeal- in the budget process the death tax tempt to slow walk this bill, that is ing the death tax. I know our dear col- comes back in 10 years. So we have 1 simply not the case. In fact, I will not league talked about rich people, but, year where it is repealed. The Senator do it right now because he is pre- we had a consensus that if somebody from Arizona, in an amendment I am occupied, but at some time when we works their whole life, they pay taxes proud to support, has proposed we have the Senator’s full attention—he on every penny they earn and they make the repeal of the death tax per- has had a chance perhaps to talk with skimp, they save, and they sacrifice manent. others on his side—I will propound a and they build up a family farm, it is My guess is we are not going to get unanimous consent to vote as soon as not right that their children have to to vote on that this evening. I assume we can, to vote this hour, to vote next sell the family farm to give Govern- the Senator from Arizona would love to hour, to vote sometime this evening, to ment a double taxation by paying 55 vote on it today. Our Democrat leader, vote sometime before the cloture vote, cents out of every dollar they accumu- our dear friend, has said there is a stall on this amendment. If we could vote late in their life back to the Govern- underway. before 4:30, we would be prepared to do ment. We would like to vote on this amend- that. Or if there is an effort to get a The same is true for small business. ment now. At some point, the Senator little bit more debate before the vote, The National Federation of Inde- from Arizona might ask unanimous that is fine, too, but there is no effort pendent Businesses, in surveying com- consent that we have an opportunity to to draw this out. I am ready to vote panies, found that the No. 1 reason vote on this amendment this after- right now on this amendment and small businesses do not survive into noon. What I am fearful is going to move on. the second and third generation is happen is we are going to have a vote The Senator from Nevada made the death taxes. on cloture—and nobody knows what point that this amendment offered by I rejoice. I know some of my col- that means except people in the Sen- the Senator from Arizona shows how leagues view the whole world as a class ate, but that means no more amend- hard it has been for the majority lead- struggle. They believe all of existence ments can be voted on, the Daschle er, what he has had to put up with for is a conflict between the rich and the proposal has to be voted on by a yes or many months; that it does not matter poor. I always get confused about who no. If that is defeated, as I believe, A, quite what he does, the bill is never is who because it changes so often. it should be and, B, it will be, then in quite right and amendments are of- I liken the stimulus package to the listening to Senator REID it sounds to fered. coldest week of the year, it is snowing, me as if the majority leader is saying There are three responses to that. it is sleeting, it is freezing, and a he will pull down the bill and we will First, there have not been that many breeze comes along and blows a roof off never get a chance on this bill to vote amendments offered to this bill, cer- an apartment building. Logical people on making the death tax repeal perma- tainly not that many which have been say: Why don’t we rebuild this roof? nent. debated and voted on, only a handful.

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S332 CONGRESSIONAL RECORD — SENATE February 5, 2002 Secondly, I think the Senator from Ne- true. As I noted before in my earlier $25 billion in additional disposable per- vada must concur the bill is not quite comments, Dr. Wilbur Steger, who is a sonal income. This is from a report of right because he and I have an amend- Ph.D. and president of CONSAD Re- the Joint Economic Committee, not ment which we both think is a pretty search Corporation, and a professor, my numbers. We have other estimates darn good amendment that would has noted this argument that it only that back up this point. As a matter of make the underlying bill a lot better. applies to the top 1 ° or 2 percent is fact, Dr. Steger, who I quoted earlier, Senator REID himself proposed that wrong. indicates an immediate death tax re- amendment on our behalf. I believe it He says that, in fact, in a typical peal would provide a $40 billion auto- was yesterday. So, no, we do not think year, the total number of taxable es- matic stimulus to the economy. That the bill is quite right either. tates that consist largely of family is because of the pent-up capital that Of course, when Senators do not owned businesses likely exceeds 10,000. citizens do not deal with because of the think it is quite right, then we have an What does that number really mean? potential tax liability that exists; a $40 opportunity to offer an amendment. First of all, that is 10,000 businesses. billion automatic stimulus to the econ- Frankly, there are a lot of things I do Multiply by that the number of em- omy at virtually no cost to the Treas- not like about it. I would love to pro- ployees who work in each business. ury. Talk about getting the bang for pose a lot of amendments, but I se- Pick any number. One certainly has to the buck, I don’t think there is any- lected only two: this very important say the people who work for those busi- thing we can do that would have a death tax repeal because of the effect it nesses are directly affected. If the busi- greater immediate impact on our econ- will have in stimulating the economy, ness goes out of business because the omy than the repeal of the death tax. and the other is the amendment that death tax has to be paid, that directly We talk about extending unemploy- Senator REID and I sponsored, which affects every employee in that busi- ment benefits for 13 weeks. Does that also would have a direct stimulative ef- ness, times the number of family mem- stimulate the economy in any way? No. fect on the economy because it helps bers with each one of those employees, Does that create any jobs? No. But it is the precise industry that was most dra- times the number of stores that they a central feature of the stimulus bill matically affected, the air travel in- buy things from and all the rest of it. that is before the Senate. A lot more people are affected by the dustry. We can relate it to the travel We may want to extend unemploy- death tax than just the number of peo- industry generally after September 11. ment benefits for the people currently So, no, there is no effort to slow walk ple who happen to die each year who out of work. But I don’t think anyone end up paying the tax, in addition to this bill or to prevent it from ever can argue that stimulates the econ- which everybody who might have to being considered or voted on. We are omy. To anyone who says, Senator pay the tax has to be worried every simply trying to do what Senator REID KYL, how come you are offering the year about the estate planning. They, himself has tried to do, and that is death tax repeal on the stimulus bill? I too, are directly affected. make it better. As I pointed out before, they end up say, how come you are offering or sup- I dare say the amendment I have of- paying at least $23 billion a year, and porting the unemployment extension? fered would make the bill a whole lot the lawyers, accountants, estate plan- That does not create a single job. I better. As the Senator from Texas said, ners, insurance, and other expenses of know people would rather have a pay- even though I am not much in favor of estate planning that enable them to check than an unemployment check. the underlying bill, if we were able to deal with this future contingency. Let’s do something that would stimu- adopt this death tax repeal and make They may not die this year, but they late the economy, create jobs, provide that permanent, I would be sorely are having to shell out a lot of money that investment, take the $40 billion in tempted to vote for the majority lead- this year in order to deal with their po- pent-up capital, and get it into our er’s bill. tential future estate liability. economy, create the 240,000 jobs. The other point I wanted to make It turns out a lot of people are af- I have heard the arguments in re- with respect to this business of slow fected by the existence of the death sponse. I cannot imagine the Senate, walking is exactly what the Senator tax. What the Senator from Texas which passed the death tax repeal be- from Texas said. We could vote on the pointed out a while ago is the clincher. fore, would not want to finish the job Centrist Coalition proposal right now. I There is nothing more destabilizing to of making that permanent, given the think everybody recognizes that would an economy than having a temporary fact that it does not do a whole lot of pass. We could be out of here by 5 to- tax, especially one which no one can good, except if you die in the 10th year, night by allowing the bipartisan Cen- predict with any degree of certainty is to do the partial repeal, the temporary trist Coalition bill, which President going to apply in the future. I refer repeal, the confusing and destabilizing Bush has endorsed, to come to the specifically to the estate tax. We phase repeal that we effected last year, with- floor. It is, in fact, the only bill that it down a little bit over the next 8 out going into the final step and mak- can pass this body. years. Then we repeal it altogether. ing it permanent. It seems to me to So if we are talking about getting Then it goes right back into existence make so much sense. something passed and getting it to con- as it was last year with a 60-percent The Senator from Texas made a com- ference so we can actually have a stim- rate. How can I plan against that if I ment; he thought maybe the effort ulus package bill, we all know the for- don’t know when I am going to die? Do would be to deny a vote. I certainly mula for that. It does not have to take I plan for it in the eighth year, in the hope that is not the case. I think the but another few minutes and we could seventh year, or maybe in the year American public deserves to know be done with it. We offered to do that. that it is repealed altogether? That where their Senators stand on this I offered to be sorely tempted to vote would be great if I died that year; at issue. Do you believe in making the for the underlying bill if my death tax least my heirs would not be burdened. death tax repeal permanent or not? Do amendment is adopted, and I probably But if I live an extra year, they have you believe it can help stimulate the would. We can get all this done very big problems. What about beyond that? economy and create jobs or not? quickly. Nobody knows. There are those who are going to dif- One other thing I wanted to respond As the Senator from Alabama argued fer on this. That is what the Senate is to that my friend from Nevada argued, earlier, you do not know whether to in- all about. That is fine. Take the vote. and it is the same old argument that vest in the plant equipment or put the Stand where you want to stand on the was made when we considered the money away because you have to pay issue. But we can do that quickly. We death tax repeal the first time the estate tax with it. It is very desta- can move on to the next amendment. around—it was wrong then and it is bilizing. In the meantime, you keep We can consider a whole number of wrong now—is that the death tax only shelling out that money to the estate amendments before we have the vote applies to the top 1 ° percent and there- planning folks rather than investing it on cloture sometime tomorrow. That fore it is a tax on the rich, and who in your business. That is why it be- would be my proposal. would care about the rich? longs on this bill. As Senator GRAMM said, perhaps Well, there are really three responses We know it will create jobs, 240,000 what we should do, and I will wait to that. The first is that it is just not jobs in 7 years. Americans would have until the assistant majority leader is

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S333 on the floor, perhaps we should ask Minneapolis, they are extremely im- posal, but also the most effective. People unanimous consent, and I will indicate portant. The budget will actually who become unemployed cut back on their at the appropriate time when someone eliminate the grants to the empower- expenditures. Giving them money will di- from the other side is here to respond ment zones. What is supposed to be for rectly increase expenditures. other than the Senator from Min- additional child care or affordable Would the Senator agree with that nesota, who just walked on the floor, housing will not be there, and the statement or the one from our friend we will ask unanimous consent to be budget will cut the 7(a) program in the from Arizona, Senator KYL, who said able to vote for this at a time of their State of Minnesota. Since 1996, we le- unemployment extension does not cre- choosing prior to the cloture vote. veraged $1 billion to small businesses ate a single job to stimulate the econ- The Senator from Minnesota has ar- in the State of Minnesota. We will cut omy? rived. If he wishes to speak to this, I the 7(a) program in half. That is $1 bil- Mr. WELLSTONE. Mr. President, I am happy to defer to him. lion of capital we have been able to le- say to my colleague from Nevada, the Mr. WELLSTONE. I thank my col- verage to small business. It will cut the truth is—first of all, even if I did think league. I say to the Senator from Ari- 7(a) program by 50 percent. extending unemployment insurance zona, I thank him for his graciousness. I hear Secretary Paige say in order was not a stimulus to the economy, I I do not know what the dynamic is to figure out how to make up for poten- would be for it because we ought to here. I know there is an amendment I tial cuts in the Pell Program, because help people who are flat on their backs want to do again with Senator DURBIN we keep the maximum at $4,000 a year, through no fault of their own. and Senator DAYTON. My under- we will take away from true north in Second of all, Joseph Stiglitz, who standing is we may not be able to do Minnesota. It also affects telework, was with the World Bank, a fine econo- that so there may be some problems in people trying to find jobs and develop mist, is exactly right. It is not just terms of what amendments we are able businesses at a time when our steel- him, it is just about every economist to vote on before cloture tomorrow. workers are losing their jobs. Then we you talk with, much less people back However, I want to make it clear, will go after child care. Then we go in Minnesota, talking to people in their and I assume this would make the Sen- after homeless votes. Then we will cut homes and coffee shops, who all know, ator from Arizona feel better, I do want counselors and there is no additional by definition, if you are going to ex- to go on record as to where I stand money for affordable child care, no ad- tend unemployment insurance to peo- whether there is a vote or not. I am in ditional money for Head Start. My ple and put some additional dollars in very strong opposition to the amend- gosh. their pockets, they have to go out and ment of the Senator from Arizona. I hear this administration; they love buy necessities for their families. They The good news is that in the short the children. They are all for the small are living month to month trying to run, just a complete repeal of the es- children. I am sorry to be cynical, but pay their bills, so of course they are tate tax would be over the first 10 in the words of Fannie Lou Hamer, who going to use that money to consume, years about $55 billion. The bad news once said, ‘‘I am sick and tired of being and of course it is going to stimulate is, over the second 10 years, when many sick and tired,’’ I am sick and tired of the economy as opposed to—here is the will be 65 years of age and over, and we this symbolism. interesting question, I say to my col- will all be looking to see what is in the Then, I say to the Presiding Officer, league—ending all of the estate tax, Social Security trust fund and what is we are still waiting. The Senate did a which, by the way, again, 636 Minneso- in Medicare, this amendment will cost good job; Republicans did a good job— tans pay; you have to be super, super $800 billion. bipartisan. We were going to make the wealthy, rich. What we are going to do I say to the presiding Chair, I had in- program for children, for special edu- instead is end that for everyone—not teresting discussions with business cation, mandatory over 6 years, full target it, not $5 million or $6 million, people in Minnesota who say I am funding. It would have helped our State just end it for Bill Gates, who is doing wrong. They need some help for when $45 million this year, $2 billion, I say to good work right now, again dealing we pass our business to our children. I Senator DAYTON, over the next 10 with the developing world. We are said: How about up to $5 million? And years. None of that is in the budget. going to give it to him, and that is they say that would be reasonable. But now what we have is a proposal somehow going to stimulate the econ- But that is not what we are talking that over the next 10 years—I mean the omy. But extending unemployment in- about. We are talking about an amend- first 10 years, $55 billion—is bad surance for people who are out of work, ment that does away with all of the es- enough. The next 10 years, when we are that is not going to stimulate the econ- tate tax. I have a figure that actually not going to have money because the omy? I think that argument is pro- 636 Minnesotans paid the estate tax in administration has taken the money foundly mistaken. 1999. out of the Social Security and Medi- Mr. REID. Will the Senator respond When we hear about small farmers care trust funds, put us into deficit, to one more question? The minority all and small businesspeople, we are talk- and then by the Kyl amendment, over afternoon has said they want to vote ing about the top, of the top, of the the second 10 years, it is $800 billion. on the package that came from the top, of the top of the population. For This is simply unacceptable, and I House. They said it can get more than example, I don’t pick on Bill Gates. I want to make clear how strongly I am 50 votes. think he just did a good thing, talking in opposition. Is the Senator from Minnesota aware about where is the United States and Mr. REID. Will the Senator yield for that just in recent days we, over here, other countries in terms of our com- a question? many times have gotten more than 50 mitment to developing nations. But I Mr. WELLSTONE. I am pleased to. votes? On the farm bill, 53 to 45, 54 to don’t think the Gates family really Mr. REID. My good friend from the 43, 54 to 43; unemployment insurance, needs any help. And I think it is a lit- State of Arizona, Senator KYL, said we got 56 votes on that; on the Social tle outrageous to take $800 billion out that unemployment insurance exten- Security lockbox, we got 53; on the of the Social Security trust fund at the sion does not create a single job to Durbin unemployment insurance very time that many of the baby boom stimulate the economy. amendment, we got 56 or 57 votes; on generation are going to be turning 65 Does the Senator from Minnesota, the Baucus farm amendment, 57 votes. years of age and over. That is exactly who has spent a lifetime dealing with The Senator from Minnesota and I what we got in the President’s budget. those who are not privileged, including have been in the Senate a number of I say to my colleague from Arizona, the unemployed—would the Senator years. It is very frustrating to recog- whether there is a vote or not, I am on agree with that statement? Or would nize you need 60 votes to pass things record opposed to this, and pleased to the Senator agree with the statement here, but that is how much it takes, be opposed to it. I find absolutely in- from Joseph Stiglitz, Nobel Prize win- doesn’t it, generally speaking? credible the situation now. We have a ner in economics, who says: Mr. WELLSTONE. That is correct. budget that comes out from the Presi- . . . we should extend the duration and Mr. REID. If we used the logic of the dent. We find we are going to eliminate magnitude of the benefits we provide to our minority, we would have passed several the empowerment zones in our city. In unemployed. This is not only the fairest pro- Democratic amendments by this point

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S334 CONGRESSIONAL RECORD — SENATE February 5, 2002 because they received 50 plus votes. I Mr. WELLSTONE. Close to 5. The small business 7(a) program is ask my friend, is the minority’s argu- Mr. REID. The Senator from Min- cut in half. They are out. One would ment sound, when we have had a tradi- nesota said that last year approxi- eliminate homeless programs for vet- tion of more than 200 years that you mately 650 people paid estate tax? erans. That is out. One would eliminate need more than 50 votes; in fact, you Mr. WELLSTONE. It was 636. true north economic development work need 60 to get things going—is that a Mr. REID. So 636 people paid estate on the Iron Range in Minnesota. That fair statement? tax. How many people would you esti- is out. One would eliminate help in Mr. WELLSTONE. There are two mate are now unemployed in the State funding for childcare in Minneapolis. points I would like to make for my col- of Minnesota? That is out. They want to go after em- league. I don’t know if he would agree Mr. WELLSTONE. We are up to powerment zones and enterprise zones with the second point, but we could about—the percentage is about 4.5 or 5 in Minneapolis. That is now out. They have a good colloquy about this. percent, I think, unemployment in want to go after affordable housing. First of all, the Senate is designed as Minnesota right now. That is out. Help for school counselors a deliberative body. There is going to Mr. REID. So it is tens of thousands is out. Rural education is out—all for be debate. That is part of what makes of people? the sake of Robin-Hood-in-reverse tax the Senate unique. Sometimes it can Mr. WELLSTONE. Oh, yes. cuts giving away money to the wealthi- drive you crazy, but what makes the I think it is about 5-percent unem- est citizens in the country. Senate unique is the unlimited amend- ployment, which is quite high for our These are distorted priorities. This is ments and unlimited debate. So you State. That is the official definition of a no-brainer. I think I am going to have the 60-vote requirement, quite unemployment. That doesn’t include make this point over and over again. often, on all pieces of legislation. That the people who quit looking for work Let me frame the issue differently. is the Senate. That is the way the Sen- because they are discouraged, or people What we have out here is an amend- ate operates. who are working part time because ment that says eliminate the estate But my second point is a little bit they cannot find a full-time job, or peo- tax for the wealthiest citizens in the different, which is, frankly, I hate to ple working way under the wages they country—I mean the very wealthy. It is say this, however many votes you get would normally make in a better econ- not targeted. I would be for actually in the Senate, sometimes there is a dis- omy, or people who work but still have targeting this. I wouldn’t mind at all connect between the Senate votes and poverty wages. doing something that would help our the people we represent. There was a report last week indi- family farms and small businesses. We I have to tell you this. The House cating that almost a third of adult proposal that comes over here, that should do that. That is not what this Minnesotans are working jobs at under amendment does. House proposal is a proposal that re- $10 an hour. peals the alternative minimum tax. We have an amendment targeted to Mr. REID. The last question I ask my the wealthiest citizens in the United That House proposal is a proposal that friend is this: Doesn’t it seem we gives away money, gives tax breaks to States of America which will deplete should be spending time on the tens of this economy over the next 10 years at companies such as Enron. It gives $1 thousands of people in Minnesota who billion General Electric, for this multi- the very time baby boomers are 65 are out of work, or are no longer look- years of age and over. I am one of national corporation. By the way, that ing for work, or those people who are is in the President’s budget proposal: them. This amendment further de- underemployed? Wouldn’t it be better pletes the Social Security trust fund. $13 billion of tax breaks for the Enrons if we were spending some time dealing of this world, yet we don’t have the That is one of the issues that people with them rather than something that money for children in education; we have to understand. With the Presi- is going to happen 10 years from now are cutting the Low Income Energy As- dent’s budget proposal, we are talking for the wealthiest people in America? sistance Program; we don’t have the about over the next 10 years taking Mr. WELLSTONE. Of course. The money for affordable housing. close to $1 trillion out of the Social Se- Senator’s words are near and dear to I say to my colleague again, if you curity trust fund, and now another $855 talked to the vast majority of people in my heart. The answer is yes. That is billion over the next 20 years, all for the country, they would say: What in why I decided to come out on the floor. the sake of tax breaks for the very the world are you doing? If you are I was thinking to myself: We are trying wealthy, the very powerful, and the going to have an economic recovery to have a simple extension of unem- very well connected. package, at least extend unemploy- ployment insurance; are we not down My colleagues on the other side of ment insurance, at least help the peo- to 13 additional weeks? the aisle don’t want to move forward ple who need the help, at least get the In my State of Minnesota, we are fo- with—I don’t even know what you call money in the hands of people who will cused on what is going on with edu- it anymore—lifeline legislation, some consume. cation, what is happening to our chil- help for people who are out of work, Yes, there is a 60-vote requirement, dren, what is happening to our schools, some extension of unemployment bene- and then there is the substance. I am and where the resources are. Why can’t fits. They don’t want to do that. sorry to say this. I am well aware that we get the money for special edu- I would like to have included cov- up until very recently the Enrons of cation? Why can’t we do better making erage for the working poor and part- this world have had way too much in- sure the kids come to kindergarten time workers. I would like to have in- fluence here, and I am well aware of ready to learn? Why can’t we do more creased benefits. I would certainly like the fact that some of these other big with afterschool programs? to have included some help for COBRA multinationals are big givers, heavy Look at this budget from the admin- and health care coverage. Most of that hitters, investors, and have a lot of istration. What you find from what the is not in here. It is just a simple exten- clout. But the truth is, the vast major- President is proposing is all of these sion of unemployment insurance. It is ity of people in Minnesota and the rest discussions about priorities and values. hardly anything else. of the country cannot understand this But we are not going to have the They oppose that but instead come at all. They don’t know what in the money for prescription drug benefits. out here with a $855 billion program world giving tax breaks and tax loop- We are going to say in Minnesota if over the next 20 years with all of it holes for these big multinational cor- you are an individual with an income going to the wealthiest of Americans. porations has to do with fairness, or of $13,000 or under, or a couple with an That is basically the choice we have. has to do with economic recovery, or income of $17,000 or under, you are eli- I would love to do a poll in coffee has to do with helping people who are gible, but the rest of you aren’t. We shops in Minnesota and across the unemployed, or underemployed, or sub- have about over 600,000, and closer to country as to what people think about employed, or among the ranks of the 700,000, Medicare recipients. The in- these choices. working poor. come profile is not high. Many of them Judge me by what I do. Judge me by Mr. REID. Will the Senator indicate have incomes over this, but they can- my budget—not by my words. how many millions of people live in the not afford prescription drug benefits. When you start to look at the details State of Minnesota? They are out. of this budget, it is breathtaking. I am

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S335 for homeland defense. I think we need see ‘‘Fiddler on the Roof.’’ There is That is what people want us to do. It to do a lot better. We need to do a lot that song: ‘‘Sunrise, Sunset.’’ I don’t is important, as Democrats, that we better with our northern border con- know what has happened to the time. find our voice. trol. We need to get the public health I believe that ultimately the way we I yield the floor. infrastructure out there. God forbid are judged is in relation to what we The PRESIDING OFFICER. The Sen- there is a terrorist attack. We need to have done for our children, what we ator from North Carolina. be prepared. First of all, we need to try have done for our grandchildren. Have Mr. HELMS. Mr. President, what is to prevent it. If it happens, we need to we made this country better and this the pending business? be prepared. I am for strong defense. world better for them? I think that is The PRESIDING OFFICER. The I hope Senators will carefully scruti- how we are judged. I think that is how pending business is the Kyl second-de- nize this budget. We have before us— we are judged as parents and I think gree amendment. between the dramatic increase in the that is how we are judged as adults. I f Pentagon budget and all of these tax think that is how we are judged as Sen- cuts with about 40 or 50 percent going ators. I think that is how we are judged VISIT TO THE SENATE BY THE to the top 1 percent of the population— as Representatives. I think that is how PRESIDENT OF MACEDONIA I am now talking about tax cuts that we are judged as a nation. Mr. HELMS. Mr. President, I wish to have already passed. Now we have this How have we done for our children? present the distinguished President of estate tax. With this House proposal, We are not doing very well. In this Macedonia, the Honorable Boris they want to repeal the alternative budget, we flat-lined affordable child Trajkovski, who is a very fine gen- minimum tax. I don’t think they want care. I think only about 10 percent of tleman with whom I have met and with to reach back to the mid-1980s. That is low-income families are able to partici- whom the President has met. too embarrassing. Ronald Reagan was pate in affordable child care right now f for it. The whole idea in 1986 was not to because that is all the funding there is. make these multinational corporations We say we love the little children and RECESS pay any taxes when all the other peo- are concerned about the development Mr. HELMS. Mr. President, I ask ple in the country were. of the brain and that we want children unanimous consent that the Senate You have $13 billion in tax breaks for to read better, but we have funded stand in recess for 6 minutes. multinational corporations. You have Early Head Start at about the 3- or 4- There being no objection, the Senate, Robin-Hood-in-reverse tax cuts with percent level. at 4:45 p.m., recessed until 4:51 p.m. and We could be a real player for children about 40 or 50 percent going to the top reassembled when called to order by 1 percent of the population. prekindergarten. We could make a real the Presiding Officer (Mr. DAYTON). You have a $855 billion reckless pro- difference. We could do so much more posal to do away with the estate tax for our schools. We could live up to our f for the richest and wealthiest Ameri- commitment on special education. For ORDER OF BUSINESS cans in the country while at the same title I—I am sorry, I have indigna- time cutting homeless vets programs; tion—they make the claim we have Mr. REID. Mr. President, the major- cuts in small business programs; cuts added $1 billion and that this is great. ity leader has asked me to announce to in childcare; cuts in empowerment In real dollar terms, there is no addi- all Senators that there will be no more zone; cuts in economic development tional money because there are more rollcall votes today. programs for the Iron Range; cuts in children who are eligible for title I. f counselor programs; not live up to your We are going to test these children, MORNING BUSINESS commitment and promise on special all in the name of rigor. So you go to education, helping our kids, helping a Bancroft Elementary School and, big Mr. REID. Mr. President, I ask unan- our school districts, and helping our surprise, 80, 90 percent of them are on imous consent that the Senate now children; don’t live up to your commit- a free or reduced school lunch program; proceed to a period for morning busi- ment on the Pell grant program; cuts 60 percent of them are in homes where ness, with Senators allowed to speak in job training during a recession and English is the second language; and 20, for up to 10 minutes each. during hard economic times when peo- 25 percent of them move several times The PRESIDING OFFICER. Without ple in northeast Minnesota, or in great- during the year for lack of affordable objection, it is so ordered. er Minnesota, or in metro Minnesota, housing. There is a key education pro- f many of them are going back to school, gram, and there is no more funding for ECONOMIC STIMULUS or trying to go into a job training pro- that. In fact, they are cutting funding gram for skills development. They for affordable housing, and we are sur- Mr. AKAKA. Mr. President, I rise in have been spit out of the economy. prised these children do not do as well? support of the compromise economic They are looking for training so they And we do not give them any more help stimulus package we are now consid- can get back to work—cut those pro- to do better. ering. grams. I think this is a debate about values. The slowdown of our Nation’s econ- My party needs to find its voice. Ma- Everybody wants to talk about family omy has been a matter of increasing jority Leader DASCHLE has been out values. This is a family value. How are concern following the terrorist attacks there and he has been vilified. I smile. we doing for our children? How are we on September 11th. Millions of Ameri- I think sometimes it is an effort to doing for our grandchildren? Are we cans are dealing with the economic re- make him out to be a Newt Gingrich of making life better for them? Are we percussions of the attacks on our Na- the left. It is outrageous. But this going to make it possible for them to tion. Hundreds of thousands of workers party, my party, the Democratic be good leaders in the future? have lost their jobs, and consumer and Party, is supposed to be the party of I think we have some seriously dis- business confidence has eroded during the people. If there ever were a time for torted priorities out there. I hope my this time of uncertainty. The decrease us to find our voice and for us to speak party will directly challenge them. in economic activity is affecting com- out and for our country to have a real A reporter said to me: The President panies ranging from small businesses debate about these values, it is now. In is very popular. Does that make it hard to corporations, not to mention entire the words of Rabbi Hillel: If not now, for Democrats to be critical? industries such as the airlines and the when? I said: Look, it is good for people to travel and hospitality industry. Personally, I think the thing I feel do well. The President is doing well in The slowdown in our Nation’s econ- worse about is the children in relation terms of the polls. Fine. But the real omy is reflected in the State of Hawaii, to the education piece. I am going to be issue is whether or not we are willing where as of January 26, 2002, 56,313 peo- one of these people, in not too many to speak up for what we think is right, ple have filed unemployment claims years, who is going to be over 65 years for what we believe in, for what we since September 11th. This is almost old. Lord, we have six grandchildren. I think is best for States and best for the double the amount of claims filed for just took our granddaughter Cari to country. the same time period as last year. In

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S336 CONGRESSIONAL RECORD — SENATE February 5, 2002 the weeks after the terrorist attacks fiscal discipline over the long-term be budgets, the impact of which would be most of those filing unemployment maintained in order to ensure eco- rapid and would not require additional claims worked in the visitor industry. nomic growth in the future. Federal or State bureaucracy. These However, state labor department offi- I commend the majority leader for changes would provide much needed cials have advised me that claims are his efforts to fashion a bipartisan com- health care to people in need by pro- coming in from workers laid off from a promise and move this important legis- viding States the resources to do so. wide range of industries and small lation. In addition to extended unem- It is clear that an economic stimulus businesses in Hawaii. In 2001, our vis- ployment benefits, the compromise package is needed to support our econ- itor industry experienced a $1 billion package includes three components omy during these uncertain times and decline from the previous year. After that both parties included in their to promote a rapid recovery. We saw September 11th, domestic travel to Ha- stimulus bills last year, including tax the Federal Reserve Board cut interest waii fell 30 percent and international rebates, bonus depreciation, and fiscal rates 11 times in a row last year with travel dropped by 50 percent. The num- relief for states through a temporary limited economic effect. Congress has ber of visitors to Hawaii declined by increase in the Federal Medical Assist- also taken actions to provide some of 600,000. Our Governor and State Legis- ance Percentage, FMAP, rate. that stimulus through emergency lature are considering ways to deal Last month, I attended the opening spending for recovery efforts and to as- with a $300 million budget shortfall. of the Hawaii State Legislature and sist the airline industry. It is critical The economic stimulus proposal that Governor Ben Cayetano’s State of the that Congress promptly pass an eco- we are currently considering includes State address. I am not exaggerating nomic stimulus package that will reju- important provisions such as extending when I say that increased Federal Med- venate our faltering economy while as- unemployment insurance benefits for icaid assistance to the states is critical sisting households who have been espe- an additional 13 weeks for those indi- to my State and States across the Na- cially hard hit by the downturn in the viduals who have exhausted their reg- tion that are facing tremendous rev- economy. I hope the Senate will com- ular, state-funded benefits. With the enue shortfalls because of the reces- plete action on this legislation this Hawaii State Department of Business, sion, the repercussions of September week so that the Congress can send a Economic Development, and Tourism 11th, and Federal tax changes enacted measure to the President by the Presi- predicting that a full recovery will not last year. dents’ Day holiday. occur until the last half of 2003, it is I strongly support the component of Mr. REID. I suggest the absence of a imperative that we pass responsible the stimulus package that would tem- quorum. economic stimulus legislation. Ha- porarily increase the FMAP rate for The PRESIDING OFFICER. The waii’s economy and working families States. Medicaid matching rates for clerk will call the roll. The bill clerk proceeded to call the cannot afford another long and disas- fiscal year 2002 are based on State per capita income data from 1997, 1998, and roll. trous recovery, especially since the Mr. CORZINE. Mr. President, I ask 1999—years in which the national econ- State was just beginning to recover unanimous consent that the order for omy was strong. Consequently, match- from a nine-year economic recession. the quorum call be rescinded. Temporarily extending unemploy- ing rates are slated to be reduced for 29 The PRESIDING OFFICER. Without ment insurance benefits will help the States in 2002. The reduction in FMAP objection, it is so ordered. American people and revitalize con- rates has worsened an already bleak sumer confidence. As recent research fiscal outlook for many States. In Au- f has shown, the Unemployment Insur- gust 2001, the Congressional Budget Of- ESTATE TAX REPEAL ance system is eight times as effective fice projected that Medicaid expendi- Mr. CORZINE. Mr. President, I rise as the entire tax system in mitigating tures in 2002 would be 9 percent higher today to talk about the stimulus pack- the impact of a recession. In addition, in 2002 than in 2001, while States pro- age, one that I firmly believe we should the Unemployment Insurance system is jected that their revenues would rise have as a nation. It is clear to me that able to target the very sector of soci- just 2.4 percent. while we may have a stronger economy ety that needs the most economic Rising Medicaid expenditures have today than we had 3 months ago or 6 stimulus. I would like to remind my long been a serious concern to States. months ago, we still are in a period of colleagues that in every recession dur- The repercussions of the terrorist at- very slow growth, if at all, and one ing the past 30 years, including the tacks on September 11 are leading most where I think we need an insurance 1990–1991 recession, Unemployment In- analysts to expect even higher State policy to make sure our economy does surance benefits were extended. Medicaid costs because the economic turn around, it does pick up, and does There is no doubt that extended un- downturn will make more people eligi- better in the new year. We have real employment insurance benefits and the ble for Medicaid and lower State reve- needs of the unemployed to address and other elements that make up the core nues. It is during difficult financial their loss of benefits in our society. of this short-term economic stimulus times that the Medicaid program be- There are plenty of reasons to believe package would help to boost Hawaii’s comes a primary target of state budget we ought to encourage business invest- and our Nation’s weak economy. There cuts. Yet, people need Medicaid during ment through a bonus depreciation are faint signs of recovery and resil- these times more than ever. plan, and we need to help our States ience nationwide which underscore The Federal Government matches be- that are running huge deficits with that we may, I repeat may, have seen tween 50 to 83 percent of the cost of Medicaid matches and in other areas. the worst from the current recession. A Medicaid in each state. On average, the For the life of me, I do not under- well-defined, short-term stimulus Federal Government pays 57 percent. stand why we would think that making package that is limited and specifically The FMAP formula is based on the permanent an estate tax cut 10 years in targeted for maximum effectiveness State’s per capita income in the 3 cal- the future is going to do a doggone can play an important role in pro- endar years that are most recently thing to stimulate the economy now. moting economic recovery. available. For years, Hawaii received While I have great respect for the dis- Clearly, there are contrasting views the lowest Federal match—50 percent. tinguished Senator from Arizona, I among Members of Congress as to what Recognizing that increasing the FMAP think this idea of calling for the per- provisions should be included in a stim- rates would ease States’ financial con- manent repeal of the estate tax is just ulus package to maximize the stimula- straints, I have long worked to in- a bad idea. tive effect on the economy. I believe crease Hawaii’s FMAP rate. Last year, I did believe there was a that the economic stimulus package The temporary increase in the FMAP need for some reform with respect to should encourage increased spending as is an important component of our Na- the estate tax. I thought it was onerous soon as possible to rejuvenate the econ- tion’s economic stimulus policy. Med- on many small family farmers and also omy, assist people who are most vul- icaid is the largest Federal grant-in-aid for small businesses and some individ- nerable during the economic slowdown, to States. Temporarily increasing the uals who were trying to deal with rel- and restore business and consumer con- Federal matching rate could have atively limited estates. I thought it fidence. However, it is important that broad positive ramifications for State was burdensome on these folks.

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S337 I strongly opposed before I was here tional 2 million new teachers so we can that Federal taxes will still take be- and I strongly oppose now the complete lower class sizes in this country. We tween 19.2 percent and 19.9 percent of repeal of the estate tax. Those Ameri- have a Social Security system that ev- GDP over the next 10 years. cans who have done well and have had eryone says is going to be stretched to That is still way above historically the benefit of the American promise in meet its needs as we go through the average levels of Federal taxation. Just its greatest format I think have a re- 21st century. We have great demands look at the chart behind me. sponsibility to give some contribution on our homeland security, on national This chart shows total Federal tax back to the country that gave them security. It does not make sense that receipts as a percentage of gross do- the opportunity to do so well. We are we should be putting this in place right mestic product over that past 40 years, all a part of that community. It seems now. and it projects tax receipts over the reasonable that an estate tax fits with- Also, it is dangerous for something next 10 years as a result of last year’s in that concept. that is really important to all Ameri- tax cut. We can talk about the rates and cans, and that is our charitable and As you can see, even after last year’s about some elements of it, but it seems philanthropic efforts in this country. It tax cut, the level of taxation remains to me there is reason to believe those is hard to imagine what kind of impact at historically high levels of GDP. who have benefited so much have a re- the repeal of the estate tax is going to As this chart shows, tax receipts sponsibility to their community and have on so much of the roughly $6 bil- have fluctuated frequently since 1960, society. Furthermore, it is a gift from lion worth of charitable contributions but have escalated significantly since one generation to the next, and if we the Treasury Department estimates we 1993. They will remain at historically high levels for the next 10 years. Now are going to be consistent in how we would be receiving. I am concerned look at the history on this chart. treat various parts of our Tax Code, about our ability to continue to make The most shocking spike in tax re- gifts are taxable and so, too, should be sure we have the community-based support that is operated through our ceipts began in 1993. The CBO’s Janu- estates. ary 2001 report to Congress shows that That is not the issue today. The issue philanthropic efforts. If we have ever in 1992, total tax receipts were around is: Is this stimulative to the economy? seen the value of that, we have seen it 17.2 percent of GDP. Since that time, Is it something that makes any sense in the days that have followed the Sep- Federal receipts climbed rapidly. in the short term to get America’s tember 11 tragedy as Americans have reached out to help others. Certainly By the year 2000, Federal receipts had economy moving again? exploded to an astronomical 20.6 per- For the life of me, I just do not un- that has been benefited by the view cent of GDP. derstand it. Whatever one might think, that charitable contributions and es- tates provide a basis for a lot of the The significance of this percentage there is just no credible argument that can only be appreciated by historical would show it is going to do anything charitable giving. So while this permanent repeal of the comparison. In 1944, at the height of to stimulate the economy today. our buildup during World War II, taxes So I firmly want to speak out against estate tax may cost $55 billion in 2011, as a percentage of GDP were 20.9 per- this particular amendment because we and that is a lot of money, I think the cent—only 1⁄2 percent higher than they have limited resources in this country. real issue is we ought to worry about what it is going to cost in the second are today. By 1945, those taxes had We have a fiscal structure that is very dropped to 20.4 percent of GDP. dangerous with regard to our needs not decade. I have an estimate that it may be over $800 billion in the second dec- Even after last year’s tax cut is fully only in this decade but certainly in phased in, taxes will still average succeeding decades when the estate tax ade from 2012 to 2021. I find it hard to believe we want to take that bet at around 19.4 percent over the next 10 will really have a bite, as opposed to in years. As you can see from this chart, the short run coming in, in a 10-year this point in time, when we have such a serious issue coming with baby it is still higher than most of the levels time frame. We have a demographic over the past 40 years. bubble that is going to change the un- boomers and the demographics that I spoke about before, and the real need Taxes were higher during the years derlying demands on Social Security. 1993 through 2000, which were attrib- The number of people drawing it down to protect and provide security to So- cial Security and Medicare for our sen- utable to the tax increases forced will bankrupt it, or at least the re- through by President Clinton in 1993. sources will not be available to pay the iors. I guess that is before we have a prescription drug benefit for seniors Similarly, the increase in receipts benefits at a time many folks would ex- from 1965 to 1969 was attributable to pect them to come forward with their and other things we have talked about. I do not have a clue how we could put the Vietnam conflict. The runup in re- Social Security payments. this together and call this significant ceipts from 1976 to 1981 was caused by To complicate that problem further stimulus. I think there are funda- ‘‘bracket creep,’’ which occurs when in- by making permanent this estate tax mental reasons to believe that it is not flation causes wages to increase, forc- repeal is difficult to understand, par- a good policy in the long run. So I ing people into ever higher rates brack- ticularly since it is implausible to be- strongly urge my colleagues to oppose ets. We corrected that problem years lieve anybody is going to change one the amendment. I think there will be ago. whit their spending patterns today reason for further debate about this as So as you can see, while the Demo- based on an estate tax repeal that is we go forward in the future. crats rail against last year’s tax cut, it going to get implemented 10 years from was actually rather modest. When com- f now. So it is an amendment that I pared to the levels of taxation imposed think has no place on a stimulus pack- KENNEDY PROPOSAL TO REPEAL over the last 40 years, we still remain age or a stimulus bill that we might be LAST YEAR’S TAX CUTS at historically high levels of taxation working on today. Mr. GRASSLEY. Mr. President, I even after last year’s tax cut. Again, I question whether we need a would like to address a proposal by the We hear now a great hue and cry repeal under any circumstances for in Democrat leadership to repeal the fu- from some on the other side of the aisle fact it provides a huge windfall for a ture individual income tax reductions that last year’s tax cut should be re- very small number of estates at the ex- enacted in last year’s historic tax cut pealed. But I ask: Are high taxes the pense of the greater population. The es- bill. only way to balance our budget? tates of fewer than 48,000 people had to At this time last year, the CBO re- One of the most ardent advocates of pay any tax at all in 1998. That is less ported that, as a percentage of GDP, repealing last year’s tax cut is my good than 2 percent of all estates. The bene- Federal taxes took 20.6 percent of GDP, friend Senator KENNEDY. I have been ficiaries of that estate tax, those bur- a record post World War II level. pleased to work with Senator KENNEDY dened with that estate tax, are some of Individual income taxes were at even on many bipartisan proposals and look the wealthiest folks in America. more dramatic levels. CBO reported in- forward to continuing those efforts. I think it is fine to be wealthy, but dividual income taxes were at 10.2 per- Senator KENNEDY is an important the fact is we have great needs in this cent of GDP. leader. Whenever he speaks, I pay close country. We are making choices about Even after last year’s tax cut is fully attention because he’s a serious and ef- whether we are going to fund an addi- in effect, however, the CBO estimates fective legislator who often reflects the

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S338 CONGRESSIONAL RECORD — SENATE February 5, 2002 heart and soul of the Democratic cau- Now, I know that despite votes for tives for savings? Under Senator KEN- cus. long-term tax relief, many of the oppo- NEDY’s proposal, workers who want to Last year’s tax cut legislation car- nents of the bipartisan tax relief now put an additional $1,000 in an IRA or ried the support of over one-fourth of think that we should keep the rebate section 401(k) plan would lose that the Democratic caucus. Although the and repeal the long-term tax relief. right beginning in 2005. tax relief has been defined by its Nothing could be worse for a slump- Finally, let’s talk about education. harshest critics in terms of its budget ing economy. The bipartisan tax relief package in- effects, it’s important to look behind Do we really want to send a signal to cludes $29 billion in tax incentives for the numbers and consider what this workers, investors, and business people higher education. In this era of rising legislation means to the American peo- that their taxes are going to go up? higher education costs, should we gut ple. Even if the Democrats are talking tax benefits for families to send their Before I get to that point, however, I about a repeal that takes effect in 2005, kids off to college? Do the Democrats want to make clear that those of us higher taxes in the future are higher really want to cut back on these bipar- who support bipartisan tax relief and taxes. tisan investments in higher education? accelerating reduction of the 27 percent If the Democrats believe that the Now, I have just gone through about rate do not agree with a fundamental only way to solve our budget problems $1.3 trillion of tax relief. It sounds like premise of Senator KENNEDY’s pro- is to raise taxes, instead of reducing a lot in abstraction, but it provides re- posal. spending, what will they do to make up lief to every American who pays in- Senator KENNEDY and the Democrat the difference? come tax. I would ask any of those who leadership are arguing that the budget Let’s start with the basis for the re- want to ‘‘adjust’’ or ‘‘restructure’’ the effects of the bipartisan tax relief deny bate. That is, the new 10 percent brack- bipartisan tax relief, including the the Congress and the President the re- et. The revenue loss for this part of the Democrat leadership, why would you sources to tackle other domestic prior- package is $421 billion over 10 years. It cut the tax relief package? ities such as a prescription drug benefit I think the American people would for Medicare, Social Security reform, is the biggest tax cut in the bill, by the way. I can not believe or any other like an answer to that question. and education reform. This argument, Mr. President, I yield the floor and however, is based on a couple of crit- member of the Senate wants to dis- mantle that piece. suggest the absence of a quorum. ical assumptions with which I disagree. The PRESIDING OFFICER (Mr. Where do we go next? The marginal The first assumption is that the tax CORZINE). The clerk will call the roll. relief measures beyond 2004 will have tax rate cuts lose almost $421 billion The legislative clerk proceeded to no effect on the growth of our econ- over 10 years. It appears some folks call the roll. omy. think 35 percent is too low a top rate. Mr. GRASSLEY. Mr. President, I ask So, for instance, bringing the top tax Well, guess what. As I alluded to above, unanimous consent that the order for rate for successful small businesses to repealing the marginal rate cuts hits the quorum call be rescinded. a level equal to that of America’s larg- small business, the biggest job gener- The PRESIDING OFFICER. Without est corporations at 35 percent is as- ator in our economy, the hardest. objection, it is so ordered. According to the Treasury Depart- sumed to have no effect on the econ- f omy. That assumption flies in the face ment, small business gets about 80 per- of economic theory and more impor- cent of the benefits of the cut in the STATUS OF ECONOMIC STIMULUS tantly, the anecdotal evidence I gath- marginal rates. Do we want to raise Mr. GRASSLEY. Mr. President, I ered from some small business folks in the tax rates of small businesses in a think sometime tomorrow we are going Iowa. From my vantage point, the best slumping economy? Does that make to have some cloture votes. Who knows way to bolster Federal revenues is to any sense? what happens after you are involved put policies in place to grow the econ- Where do we go next? Do the oppo- with cloture votes? I suppose it de- omy. nents want to repeal the proposal to pends on how the cloture vote turns The second assumption is that the double the child tax credit? Or how out. But it also depends somewhat on only way to approach Federal budget about the refundable piece that helps what the majority leader decides to do. policy is to maintain record levels of 16 million kids and their families? That I did not hear him this morning or this Federal taxation on the American peo- proposal loses $172 billion over 10 years. afternoon. It was suggested that if we ple. That view is reflected in the chart Does the Democratic leadership really don’t get cloture, then we may go on to behind me. want to deny American families the in- other legislation. Senator KENNEDY’s proposal assumes crease in the child tax credit that I want to speak procedurally, not so even higher taxes are necessary to ad- kicks in, in 2005? much on the substance of the under- dress all of our priorities. So in facing How about the death tax relief pack- lying bill as I have done a couple of budget choices, Federal spending goes age? That package scores at $138 billion times this afternoon but about where unchecked. over 10 years. Most of the revenue loss we are and some of the irony of our The assumption is there are no sav- is attributable to increasing the ex- being here; particularly, some of the ings to be made on the spending side of emption amount and dropping the rate the ledger. Implicit in this assumption irony about how some things are said to 45 percent on already taxed prop- is growth in both federal revenue and and other things are done by the lead- erty. Is it unreasonable to provide ad- Federal spending as a share of our ers who decide the agenda for the Sen- ditional relief from the death tax? economy is a desirable objective. ate. I will take a few minutes to talk To a certain extent, the proposal Let’s take a look at the marriage about where we are on the economic penalty piece. It is the first marriage that Senator KENNEDY and the Demo- stimulus bill before tomorrow’s cloture cratic leadership have put forward is a penalty relief we’ve delivered in over 30 vote. reversal of their previous support for years. This proposal scores at $63 bil- The good news is that there is bipar- significant tax relief. lion over 10 years. Again, I do not tisan recognition of the need to help Last year, Senate Democrats pro- think many folks would want to raise unemployed workers with an extension posed a tax cut of about $1.26 trillion. taxes on folks because they decide to of unemployment compensation. There That compares with a bipartisan tax get married. Under Senator KENNEDY’s is bipartisan agreement that recognizes cut that we enacted that came out at proposal, most of the marriage tax re- the need to provide taxpayers with a $1.35 trillion. lief would be eliminated. payroll tax rebate so we are able to Their proposal was only about 6.7 Continuing on through the bipartisan help stimulate consumer spending and percent less than the cut that was en- tax relief package, let’s take a look at create jobs. There is bipartisan rec- acted. To hear the Democratic budget the retirement security provisions. ognition of the need to provide bonus people describe it, however, you would This package, which will help Ameri- depreciation. I suppose there are some believe it was a 67 percent difference. cans save more for retirement, scores others as well. Keep in mind that 48 of 49 Democrats, at $50 billion over 10 years. With the Kind of summing up in regard to including Senator KENNEDY, supported aging of the baby boomers, does anyone that, there is kind of bipartisan agree- their alternative. really believe we should reduce incen- ment on the part of the Republicans for

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S339 what Democrats want in this area, but issue bond provisions; and an amend- thing objective of the economic stim- in areas where Republicans want to add ment I have offered which will also ulus bill, in various ways, is to stimu- some things there is not bipartisan have a cloture vote for the bipartisan late the economy to create jobs. agreement on the other side for those White House-centrist package, the bill For those who say, ‘‘Maybe the econ- things. that I said has bipartisan support in omy is turning around; we don’t need That brings us to the bad news as a the Senate. If we could get it up for a it,’’ we at least have an insurance pol- result of that situation. We are, in fact, vote, we would have a bill down to the icy against the usual downtick that stuck in a procedural quagmire. Yes- President and signed. It would be an comes after you have been a few quar- terday the distinguished majority lead- enacted economic stimulus package ters into a recovery. er claimed that Republicans were slow- faster than you can say Jack Robinson. But if we want a strong economy, and ing down the stimulus bill through fil- All of those amendments will not a certainty of that strong economy, we ing of many amendments. I think it is come to a vote if the cloture vote to- are going to have to get a stimulus bill a bit ironic today that we have amend- morrow on the Senate majority lead- passed. So I hope tomorrow we have an ments pending on which the majority er’s motion carries. opportunity not to have cloture on the leader seemingly does not want to We are in the mode of a lot of Sen- underlying Daschle amendment and vote. If he wanted to move this process ators trying to put together a bill that that we are able to then move towards to conclusion with a bill that the can get a majority vote in the Senate a vote on the White House-centrist bi- President has said he would sign, that and go to conference. Some of these partisan package that has passed the could be done very easily. We could amendments have to be agreed to to House, has bipartisan support in the have a vote on that. There is bipartisan get that kind of bipartisan support. If Senate, and the President has said he support for it. That bill would be down you do not get a chance to vote on will sign. to the White House I believe faster them, how do you ever get to a bipar- I yield the floor and suggest the ab- than you could say Jack Robinson. In- tisan bill? It takes that sort of biparti- sence of a quorum. stead, the only votes that it seems we sanship to get anything done in the The PRESIDING OFFICER. The are going to be able to get are votes on Senate. clerk will call the roll. dueling cloture motions. One vote will Let me make very clear that Mem- The senior assistant bill clerk pro- be on the majority leader’s amend- bers who vote for the cloture on that ceeded to call the roll. ment. That vote is a take-it-or-leave-it cloture motion, if they want to vote on Mr. NICKLES. Madam President, I vote, I believe. these amendments, they will be fore- ask unanimous consent that the order I call upon all of my colleagues, closed. for the quorum call be rescinded. Democrats and Republicans, to pay I said there is going to be another The PRESIDING OFFICER. Without close attention. A vote for cloture to- cloture vote tomorrow. It arose out of objection, it is so ordered. morrow means all amendments offered necessity—not a necessity that I like. f or filed that have not received a vote But the majority leader forced a vote will not get a vote. That is a very im- on the White House-centrist bipartisan PASSING A STIMULUS PACKAGE portant point. A vote for cloture on the amendment that I offered because of Mr. NICKLES. Madam President, I underlying amendment filed by the his own cloture motion. regret to state to my colleagues it is majority leader means all of the fol- The other cloture vote—in relation pretty obvious the Democratic major- lowing amendments will not receive a to the cloture motion I filed—will be ity leader does not want to pass a stim- vote. I will go through those. on the White House-centrist agreement ulus package. We needed to amend the Senator BUNNING, a foster care on stimulus. If cloture is invoked and package. We have a lot of amendments amendment; Senator BAUCUS, emer- that amendment passes, the President that were pending and we have not had gency agriculture funding; a second-de- says that bill will be signed. The bill a vote all day. We had amendments gree amendment to that amendment by has already passed the House of Rep- this morning on which we were willing Senator KYL for permanent repeal of resentatives. to vote, amendments this afternoon on estate tax; Senator HATCH’s amend- That means, bottom line, the fol- which we were willing to vote. That ment for a longer net operating loss lowing things will happen when the was how we would work our way carryback provision; Senator REID’s President signs the bill—and there is through and have a bill that would pass amendment on travel and tourism; a little disagreement that these things and go to conference. second-degree amendment to that by ought to happen—workers will get un- Obviously, for some reason, the ma- Senator DORGAN on travel industry sta- employment checks. Low-income peo- jority leader decided, no, he would file bilization; and Senator DOMENICI on a ple, qualifying for rebates, will get re- cloture, have cloture on his underlying payroll tax holiday, which is probably bates to spend money. Spending that proposal, which many Members believe the most stimulative idea that has money will create jobs. Middle-income falls far short of providing any stim- been presented to the Senate. We will taxpayers will get more income tax re- ulus. It provides a lot of spending. The not have an opportunity to vote on lief. Those who are unemployed for the majority leader’s underlying proposal that. Senator DURBIN has an unemploy- first time will get help with their has spending for rebate, $14 billion for ment insurance amendment; Senator health care insurance. And business people who did not pay taxes. They cer- ALLARD, a research and development will get accelerated depreciation. By tainly did not pay any income tax or amendment, what we call permanent doing that—investing more, increasing they would have gotten a tax cut last R&D; Senator LINCOLN, Medicaid Upper productivity—it will increase the num- year. They may have paid payroll Payment Limit payments to hospitals; ber of jobs. taxes, but likely they are available for Senator SMITH of New Hampshire, an That is what a stimulus package is an earned-income tax credit, and in active duty waiver of IRA withdrawal all about—two things—one, responding many cases three or four times the penalty; Senator SMITH again, ban on to the needs and the anxiety of the un- payroll tax they paid. So basically, $14 interstate commuter taxes; Senator employed workers through improved billion in welfare reform payments SMITH again, income tax waiver on tip unemployment benefits and for the that many were trying to call a tax cut income; Senator SMITH again, above- first time, health care benefits. Cur- or rebate, but it was not a rebate. the-line deduction for real property rently there are 800,000 of more work- There is another $5 billion for an en- taxes; Senator SESSIONS, tax incentives ers who are unemployed because of titlement program for States, sup- in regard to unemployment compensa- September 11; and there is probably posedly to help pay for health care tion; Senator MCCAIN, sale of principal more unemployment to come. We are costs, but it was in the form of an enti- residence for uniformed services, some- all encouraged that during January un- tlement. So it would not be $5 billion thing our military people would benefit employment was flat, there was no an for 1 year, although it was sunsetted in from very much; Senator KYL again, a increase in the rate—and helping those 1 year, but in all likelihood will be con- repeat of his second-degree amendment dislocated workers with additional un- tinued indefinitely and probably cost which would be a permanent repeal of employment benefits and with health more like $50 or $60 billion over 10 the estate tax; Senator THOMAS, small insurance is greatly needed. The second years.

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S340 CONGRESSIONAL RECORD — SENATE February 5, 2002 He had unemployment compensation Unfortunately, our colleagues on the entire package, it may well have a ma- extension at about $8 billion. And I no- Democratic side do not want to vote on jority vote, but we are not going to get tice our colleagues on the Democratic that amendment. They wanted to have a vote on it. Why? Because cloture was side said: That is not good enough. We other amendments. They wanted filed. If we invoke cloture, this amend- need to expand that and have that amendments to increase agricultural ment falls. apply to temporary workers. emergency spending. Senator BAUCUS There is an amendment Senator The Federal Government has never had that amendment. We defeated that ALLARD has making R&D tax credits paid unemployment compensation for amendment sometime last week. It was permanent to encourage investment in temporary workers. Some people, per- offered again. Senator KYL offered a research and development. We are not haps, want to take advantage of the second-degree amendment in addition going to get a vote on it. fact there is a recession, so just expand to that to provide death tax repeal, There is a bipartisan package on Federal entitlements. That was going permanent repeal. To me, that would which many Senators have worked. I to cost about $16 billion. have been positive for agriculture. mentioned earlier that Senator BREAUX Then the majority leader introduced Unfortunately, our colleagues on the and Senator COLLINS and Senator the only stimulus piece, accelerated Democratic side did not want to vote SNOWE and Senator GRASSLEY—several depreciation. That was 30 percent. on that amendment. They have not al- Senators worked on it, Democrats and Most people said for a year. We found lowed a vote on the amendment. In Republicans. We are not going to get a out the commitment had to be made by other words, they are saying: We will vote on it, even though we had a ma- September 10 of this year. That is not vote on what we think is stimulative, jority vote in December, probably still 12 months; that is more like 8 months but we don’t want you to vote on your have a majority vote for it, the Presi- from now. amendments. We will vote on spending dent said he would sign it, it would be- So the stimulative side of his pro- increases. come law, could become law this week posal is very small. The spending side They had an amendment to increase if we pass the bill the House passed. was very big. I thought, well, I don’t the Medicaid Federal share. I don’t The House has actually passed a cou- like starting with that. I would have know what is stimulative about that, ple of stimulus packages. Let’s pass the preferred starting with the bipartisan but it certainly increases Federal Gov- last one and let it become law. bill on which Senator BREAUX and Sen- ernment costs. Medicaid is a Federal- No, some people do not want to pass ator COLLINS and Senator SNOWE and State program, presumably the idea of that one either. So we are not even RASSLEY going to get a vote on it. Senator G and others worked. 50/50. But in many cases the Federal That was a bill that most, if you count I think it is very disappointing, to ratio is 70 percent, not 50 percent, and both sides, thought there was a major- use a word my colleague from South this amendment would increase the ity vote for. That should be underlying, Dakota uses on occasion, to see that Federal ratio by another 3 percent and but we did not get that. cloture was being called up so early. I So we thought: We will amend the cost $10 billion for a couple years and can just see the plan. We will have a majority leader’s proposal and improve in all likelihood be extended indefi- cloture vote on the Daschle underlying it and come up with a bill worthy of nitely. It would have cost $50 billion or bill. It will not pass. It should not pass. passing to conference. We had several $60 billion. That was an amendment by I certainly hope it does not pass be- amendments. Some amendments that our colleagues on the Democratic side: cause I do not think the underlying bill were adopted made the bill better. Increase the Federal share on Med- is worth passing. And I do not think all Some on our side would actually have icaid, and instead of 70 percent, make these amendments I mentioned which stimulus impact. We had an expensing it 73 percent; or 60 percent, make it 63 would have a stimulative impact on amendment that Senator BOND and percent. The State would pay the bal- our economy should be closed out. I do Senator HUTCHINSON and Senator COL- ance. not think this side of the aisle should Then they had an amendment to in- LINS passed. That would allow small be foreclosed from offering amend- business to expense immediately items crease unemployment compensation, ments. up to $40,000. Right now the level is including temporary workers, and We did not object to having an $24,000. That would have created jobs. make that an entitlement. Maybe my amendment on the emergency agri- That was a positive amendment. daughter, who works part-time while culture bill of Senator BAUCUS—emer- Senator GORDON SMITH had an she is a college student, if she changes gency spending. It was not really rel- amendment dealing with accelerated jobs, could draw unemployment com- evant to the underlying bill, but we did depreciation, 30 percent for 3 years. pensation. She might be appreciative, it. We made a point of order. They can The point of order was made and it was but that is an enormously expensive make a point of order on Senator KYL’s not successful. He came back with one amendment. Every State has deter- amendment. that was 2 years at 30 percent. That mined unemployment eligibility. Now I would much prefer to have an up-or- passed and would have created jobs. we will say: States, you do or we will down vote but no, ‘‘We don’t want to We had an amendment by Senator do it for you. And decide to do tem- vote on his amendment, we don’t want KYL to make the death tax repeal that porary workers. Some States do tem- to vote on Senator DOMENICI’s amend- we passed last year permanent. That porary workers; most States do not. ment; we don’t want a vote on the bi- would have been positive. You say: Most States do not for a reason. But, partisan stimulus package. No, we are How could that make a difference? It no, we will do that. going to file cloture and pull the whole makes a difference because there are I look at the amendments of our col- bill down. If we don’t get cloture, we farms and ranches in Missouri, Okla- leagues on the Democratic side, and I are still going to pull the bill down. homa, and all across the country that don’t see anything stimulative. I see a We’ll give a cloture vote on the bipar- would not have to be broken up to pay lot of spending—agriculture, Medicaid, tisan substitute’’—because we filed clo- the death tax. Maybe some small busi- unemployment compensation, extend ture on it just so we can get a vote. nesses would decide not to be so small and expand entitlement programs, and The idea being, we will vote on cloture because they could agree and know do nothing to stimulate the economy, twice, and if we don’t get cloture, we they could grow without the Federal do nothing that would help create jobs. will just pull the bill down. Government getting half of it. A lot of On the other hand, on the Republican I hope that is not the case. businesses almost suffocate. Owners side we have more amendments that we I think our economy needs a little know if they grow the business any want to offer to stimulate the econ- shot in the arm. It is not in great more, the Government will get so omy. I mentioned Senator KYL’s shape. We have a lot of people who are much, so why grow it? Why work and amendment. Senator DOMENICI has an still hurting, and if we could craft a expand and build and create more jobs amendment calling for a payroll tax positive stimulus bill that would create if Uncle Sam will come in and get half? holiday. Some Democrats say they like jobs, we would do something positive So if we passed the death tax repeal it. They are cosponsors of it. Guess for America. proposed by the Senator from Arizona, what. We are not going to get a vote on I think what we have instead, we it would have had a positive stimula- it. The amendment offered by Senator have the majority leader and unfortu- tive impact on the economy. DOMENICI might be a substitute for the nately most Democrats—we will find

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S341 out tomorrow—who are going to say we than steering a course with their eyes without any action at all. Eight of the want to have our own little package. glued to the rear-view mirror. first eleven judges that President Bush We want to have it our way. We can’t I have not given up this hope; it is nominated on May 9 of last year have consider other amendments. We will still early enough to start this Session still not even had a hearing. In con- have it our way or we will pull the bill out on the right foot. But I now have trast, there were only 2 Circuit Court down. some reason to question my optimism. nominees at the end of President Clin- Tomorrow, when we vote on this— Comments were made here on the floor ton’s first year left in Committee. and I expect we will be voting on it at earlier today that have put me in the If the Democratic leaders can take maybe 10:30 or 11:30 tomorrow—I urge position, once again, of having to set their eyes off the rear-view-mirror and our colleagues to vote no on the clo- the record straight on a number of take a look at what is ahead, they will ture vote and let us consider these events that occurred between 84 and 14 see the rather obvious need to speed up amendments. months ago. I do not regard this recur- the pace of hearings and votes on judi- We are more than willing on this side ring debate over the past as germane to cial nominees. We have lots of work to to have a limitation on amendments. the present or important to our course do. There are 98 vacancies in the fed- For anybody on the other side of the for the future. Nevertheless, I am com- eral judiciary, a vacancy rate of nearly aisle to say Republicans are filibus- pelled to make sure that the historical 12 percent. We have 58 nominees pend- tering this bill is totally false. People record is correct. ing in the Senate. Twenty-three of are entitled to their own opinions, but One comment that particularly sur- those nominees are slated to fill posi- they are not entitled to their own prised me was the attempt to blame tions which have been declared judicial facts. We are willing to consider these the previous, Republican-controlled emergencies by the Administrative Of- amendments. We are willing to enter Senate for the creation of the current fice of the Courts. Of those, 13 are into time limits on these amendments. number of judicial vacancies. The fact court of appeals nominees. Particularly We are willing to pass this bill tomor- is that the Republican Senate con- important are those areas with a high row night—tomorrow night. We are firmed essentially the same number of concentration of judicial emergencies, willing to finish this package. Let’s judges for President Clinton, 377, as the such as the 4th Circuit Court of Ap- just allow our colleagues to have votes Republican Senate did for President peals with 2 nominees; 5th Circuit on their amendments that they believe Reagan, 382, so there is simply no basis Court of Appeals, where 2 nominees are would stimulate the economy, and we for the Democrat’s allegations. Inter- pending; the 6th Circuit Court of Ap- will vote on amendments, as our Demo- estingly, the Democrats who controlled peals with 7 nominees pending; and the crat friends have offered, to spend more the Senate during the first President District of Arizona, where 2 nominees money. Bush’s Administration left more judi- are pending. Let’s roll up our sleeves Let’s vote on both. Let’s vote on cial vacancies and allowed more nomi- and get to work on these. these amendments. Let’s see how the nees to go without Senate action when Another issue that was raised today votes come out and let’s pass a bill. the first President Bush left office than was the role of the White House in this Let’s pass a bill that would help the the Republicans did when President process. The fact is that the Bush ad- economy. Let’s pass a bill that would Clinton left office. The bottom line is ministration has worked more closely create jobs. I hope we will. that, at the close of the 106th Congress, with home State senators than any I urge my colleagues to vote no on there were only 67 vacancies in the other administration since I have been the cloture vote. Let’s allow these Federal judiciary. In the space of one in the Senate. Now, I know there were amendments to have their fair day in Democratic-controlled congressional a couple of instances very early last the Senate. People worked hard on session, that number had shot up to year where communication could have these amendments. They may well do nearly 100. been better, but that is bound to hap- some good. How did this happen? The answer is pen with a brand new administration. I looked at several of these that were simple: The pace of hearings and con- Since that time, the Bush White House offered on the Republican side, some of firmations under the Democratic-con- has been making unusually great ef- which—several of which have Democrat trolled Senate last year did not keep forts to consult with home State sen- cosponsors—that I think could help the up with the pace of vacancies. We were ators prior to making nominations. I economy. So I would love for our col- moving so slowly that we were actually do not know exactly from where the leagues to get a chance to vote on falling behind. When our friends across complaints, if any, are coming, but I these amendments. the aisle took control of the Senate on have a suspicion that some of my col- We will be very cooperative working June 5 of last year, President Bush had leagues are forgetting the difference with the majority leader and others on already sent 18 judicial nominees to between the President’s power to make the Democrat side to limit amend- the Senate. All told for the year, Presi- nominations, and the Senate’s role to ments, to try to see if we cannot get a dent Bush nominated 66 highly quali- provide advice and consent. Some Sen- stimulus bill that would actually help fied individuals to fill vacancies in the ators may wish they could exercise the the economy. federal judiciary. But rather than fo- President’s constitutional role instead I yield the floor. cusing on the work ahead, our Demo- of their own, but there is no reason to f cratic colleagues looked back at the blame the White House for sticking year 1993 to mimic the old route taken with the allocation of power estab- JUDICIAL CONFIRMATIONS then. After delaying their first nomina- lished by the Framers. If there are any Mr. HATCH. Madam President, ear- tions hearing by over a month, during real problems, I invite my colleagues lier today I spoke with praise for the which time they held numerous hear- to let me know about them, and I way in which the Chairman of the Ju- ings on other matters, our Democratic pledge to do my utmost to assist in diciary Committee and the Democratic colleagues confirmed precisely 28 working through them. Leader have been handling judicial judges, exactly one more federal judge Today’s comments concerning the nominations in the past few weeks. One than President Clinton saw confirmed need for more ‘‘consensus nominees’’ of the reasons I did so was that I de- during his first year in office. This from the White House are ironic in tected, in a speech 11 days ago, the pos- transparent tit-for-tat exchange of con- light of my colleague’s discussion of sibility that the Judiciary Committee firmations is rear-view-mirror driving several specific Clinton nominees for may be headed in a new direction as we at its worst. the districts in Texas. My colleague begin a new Session of Congress. I In the first 4 months of Democratic rhetorically asked why those nominees sensed a chance that, after eight control of the Senate last year, only 6 did not get a hearing, but he knows full months of Democratic control, the federal judges were confirmed. At sev- well that at least a couple of the situa- leaders were growing beyond their pre- eral hearings, the Judiciary Committee tions he mentioned were caused by se- vious role of critics focused on the considered only one or two judges at a rious problems created by the Clinton past. I perceived that the leaders might time. The Committee voted on only 6 Administration’s lack of consultation now understand the value of looking of 29 Circuit Court nominees in 2001, a with, and failure to obtain the support forward through the windshield rather rate of 21 percent, leaving 23 of them of, home State senators.

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S342 CONGRESSIONAL RECORD — SENATE February 5, 2002 In contrast, President Bush’s nomi- should have voted to confirm him last rounding this incident are still in dis- nees, with only a couple of early excep- summer. There is certainly no reason pute, but coming in the wake of the tions, as I noted, enjoy the full support to put off his hearing any further. 1999 incident in Odi, where the Nigerian of both home State senators. We should As I said at the beginning of my re- military massacred hundreds of civil- hold hearings and votes on those with- marks, I am optimistic that the com- ians, this incident calls into question out delay. Let me mention one in par- mittee will continue the good start we the wisdom of continued engagement ticular that means a great deal to me: have made in the past 2 weeks. There is with the Nigerian military. If that Michael McConnell, a nominee for the no reason not to. We have plenty of force is truly committed to reform, Tenth Circuit Court of Appeals. work ahead of us. For those who look those responsible for killing civilians Professor McConnell is a consensus to the past for guidance, note that in in Benue must be held accountable for pick not only between his home State 1994, the second year of President Clin- their actions. Senators but also among many others ton’s first term, the Senate confirmed In addition, the manner in which who know his scholarship, his tempera- 100 judicial nominees. I am confident sharia, or Islamic law, is being imple- ment, and his commitment to the rule that Republicans and Democrats can mented in parts of northern Nigeria of law. His nomination has been ap- work together to achieve, or even hope- calls into question the country’s com- plauded by legal scholars and lawyers fully exceed, 100 confirmations in 2002— mitment to fundamental and universal from across the political spectrum. President Bush’s second year in office. human rights. The case, recently high- Professors Laurence Tribe, Charles I look forward to working together lighted by the New York Times, of a Fried, Cass Sunstein, Akhil Amar, with Chairman LEAHY and my col- woman sentenced to be stoned to death Larry Lessig, Sanford Levinson, Doug- leagues on both sides of the aisle to ac- after having been found guilty of adul- las Laycock, and Dean John Sexton are complish this goal. tery, raises a number of important among those who have praised McCon- f questions. In her case, her pregnancy nell’s integrity, ability, and fairminded was evidence of her guilt in the eyes of THE DISASTER IN NIGERIA approach to legal issues. He enjoys the court, although the alleged father broad support among the bar and the Mr. FEINGOLD. Madam President, I of the baby was set free after the same academy in his home State of Utah. rise to express my concern regarding court concluded it lacked sufficient On a broader level, McConnell is re- recent events in Nigeria. On January evidence to prosecute him. The rela- garded as fairminded and nonpartisan. 27, an armory of the Nigerian military tionship between the court’s decision, He publicly opposed the impeachment located within the massive city of the sentence, and the protections con- of President Clinton, and wrote in sup- Lagos erupted in a series of explosions, tained in Nigeria’s constitution is ut- port of the position taken by Justices prompting desperate residents to flee terly unclear. The Nigerian govern- Souter and Breyer in Bush v. Gore. He the area. Reports indicate that more ment’s silence on these pressing issues was part of the volunteer legal team than 1,000 Nigerians were killed that is baffling. that successfully defended Chicago night, many trampled to death or It is not my intention to encourage Mayor Harold Washington, the city’s drowned in nearby canals as they tried pessimism about Africa in this body. first African American mayor, in a dis- to escape the disaster. Many of those And no one wants Nigeria’s democracy pute with the Board of Aldermen. who escaped with their lives lost their to succeed more than I do. But all is McConnell wrote an article in the Wall possessions and remain displaced. Dis- not well in Nigeria, and we do our Ni- Street Journal suggesting the nomina- turbingly, reports quickly surfaced gerian partners no favors when we pre- tion of Stephen Breyer to the Supreme suggesting that child traffickers at- tend that the situation is better than it Court, and supported a number of Clin- tempted to take advantage of the trag- is. The Nigerian people want what all ton judicial nominations. These facts edy, raising questions about the fate of people want—a chance to improve their are among the reasons that McCon- the missing. The entire episode, is hor- lives and the lives of their children. It nell’s appointment has been praised by rifying, and my deepest sympathies go is no surprise that many are dissatis- a number of former Clinton adminis- out to the families of the area. fied, as it is hard to seize opportunities tration officials, including Acting So- But, I fear that this incident, what- in a context of violence and corruption. licitor General Walter Dellinger, Dep- ever its precise cause, is only one more Elections were an important first step uty White House Counsel William Mar- in a series of horrors visited on the Ni- in Nigeria’s transition from the dark shall, Domestic Policy Advisors Bill gerian people. My colleagues have un- days of military rule. But for too many Galston and Elena Kagan, and Asso- doubtedly read about soaring levels of Nigerians, the days are still quite dark. ciate Attorney General John Schmidt. communal violence in this critically f Professor McConnell is best known in important African state. Such violence academic circles for his scholarship in now grips parts of Lagos, adding to the LOCAL LAW ENFORCEMENT ACT the area of Free Exercise. He has gen- sense of insecurity and fear in a city OF 2001 erally sided with the ‘‘liberal’’ wing of that just suffered such a terrible series Mr. SMITH of Oregon. Madam Presi- the Supreme Court on this issue, argu- of blasts. Yet sadly, reports of fighting dent, I rise today to speak about hate ing for a vigorous protection for the in Lagos sound all too familiar, given crimes legislation I introduced with rights of religious minorities. In one recent history in Jos, in Kano, in Senator KENNEDY in March of last opinion, Supreme Court Justice Nasarawa, in Bauchi, and in the delta year. The Local Law Enforcement Act Antonin Scalia described McConnell as region. of 2001 would add new categories to ‘‘the most prominent scholarly critic’’ In some cases, the government failed current hate crimes legislation sending of Scalia’s more limited view of Free to act. For example, Human Rights a signal that violence of any kind is Exercise rights. In the related area of Watch recently released a report indi- unacceptable in our society. Establishment of Religion, McConnell cating that the Nigerian authorities I would like to describe a terrible has argued that religious perspectives could have done more to prevent the crime that occurred in March 1996 in should be given equal—but not fa- massacres in Jos in September, where La Verne, CA. The president of a gay vored—treatment in the public sphere. as many as a thousand Nigerians may students’ organization was attacked by Thus, he has testified against a School have been killed in one week. two men. The assailants, Eric Britton, Prayer amendment, while supporting Yet in other cases, security forces 20, and David Riffle, 19, were each the rights of religious citizens and have turned on civilians, as is alleged charged with battery and civil rights groups to receive access to public re- to have happened in Benue in October. violations in connection with the inci- sources on an equal basis. This record Consistent and reliable reports indi- dent. indicates a thoughtful and principled cated that many unarmed civilians I believe that government’s first duty approach that is worthy of great re- were killed and a great deal of private is to defend its citizens, to defend them spect from all sides. Professor McCon- property destroyed when members of against the harms that come out of nell will be a careful, thoughtful and the armed forces sought revenge for hate. The Local Law Enforcement En- unquestionably fair judge when he is the murder of their fellow soldiers by a hancement Act of 2001 is now a symbol confirmed to the Tenth Circuit. We local militia group. The facts sur- that can become substance. I believe

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S343 that by passing this legislation, we can this rally would not have been a suc- These honorees spend more than 50 change hearts and minds as well. cess. percent of their time in direct, per- f For the last 100 years, the primary sonal involvement with their clients. goal of National Farmers Union has They are not primarily managers or su- NATIONAL FARMERS UNION been to sustain and strengthen family pervisors. They are direct service PRESIDENT LEE SWENSON farm and ranch agriculture. The key to workers at the forefront of America’s Mr. JOHNSON. Madam President, I this goal has been Farmers Union’s effort to care for people with special rise today to honor an individual for grassroots structure in which policy needs. They go to work every day with his extraordinary leadership for family positions are initiated locally. Na- little recognition, providing much farmers and ranchers in South Dakota tional Farmers Union believes that needed and greatly valued care and as- and across the entire country. Mr. Le- good opportunities in production agri- sistance. land Swenson has been the president of culture are the foundation of strong It is my pleasure to acknowledge the the National Farmers Union (NFU) for farm and ranch families and that contributions of the following Illinois the past fourteen years, and the presi- strong farm and ranch families are the direct service professionals: James dent of the South Dakota Farmers basis for thriving rural communities. Adams, Louise Adams, Sue Bailey, Union (SDFU) for 7 years prior to that. In order for these goals and values to Chequel Banks, Sharon Brand, Gwen For the past 20 years, Lee has been the be carried out consistently, a well-re- Condon, Dawn DeLeon, John Ferro, leading voice for family farm agri- spected, talented, and dedicated leader Jenny Hoffman, Orrin Holman, Chau culture in the country. During his ten- is vital. That is exactly what Lee Le, Veronica Mayweather, Paul ure in these positions, Lee has provided Swenson provided to the organization. McPherson, Herminia Ortiz, Isabelle immeasurable service, support, and Lee Swenson has achieved a number Ptak, Kay Quinn, Sarah Redner, Doro- leadership for family farmers and of other accomplishments during his thy Rendleman, Robin Roux, Edward ranchers in efforts to maintain pros- tenure with the National Farmers Schultz, Jenny Schwartz, Barbara perity of rural communities. Union. Bringing the states of Alaska, Stroud, and Sandy Verschoore. A native of Minnesota, Lee was re- California, and Missouri into the orga- I know my fellow Senators will join cruited to begin his career with South nization, organizing the single largest me in congratulating the winners of Dakota Farmers Union in 1971 as the farm rally in Washington, DC and ex- the 2001 Direct Service Professional Secretary/Treasurer. Lee was a very panding the government relations, Award. I applaud their dedication and successful organizer, resulting in an in- communications and education depart- thank them for their service.∑ ments of the NFU. crease in membership for 6 out of his 8 f years at this post. Because of his tal- As National Farmers Union cele- ent, initiative, and ingenuity, Lee brates their 100th anniversary this RETIREMENT OF ELEANOR S. joined the National Farmers Union year, and Lee steps down from his post TOWNS headquarters in Denver, CO as Field as president, the delegation body can ∑ Mr. DOMENICI. Mr. President, today Services Coordinator. Lee’s dedication look back on prior accomplishments I recognize the retirement of a dedi- to building a membership base and and be nothing but proud. Proud of cated public servant and to thank her maintaining that base is something to their organization, proud of their com- for her contributions to our Nation. be admired. Returning to South Da- mitment to family farmers and ranch- Since 1998, Eleanor S. Towns has been kota, Lee was elected the president of ers, and proud of their outgoing leader. the Regional Forester for the U.S. For- SDFU in 1981. During his swearing in Finally, Lee has always been dedi- est Service’s Southwest Region located ceremony, Mr. Swenson pledged to cated to family agriculture, and I know in Albuquerque, NM, and in that capac- ‘‘preserve, protect and defend the fam- he will continue to contribute to not ity, has been responsible for the man- only the state of South Dakota, but ily farm system of agriculture.’’ Lee agement of 22 million acres of National family agriculture across the country. has fulfilled that promise time and Forests in the Southwest. Therefore, I wish him all the best and time again. Eleanor Towns brought to her work a While farm prices were dropping and I will continue to rely upon his valu- rich and diversified educational back- interest rates were rising in the 1980’s, able insight on the sustainability of ground and varied work experiences. Lee rose to the challenge of preserving rural America. On behalf of the people Born in Rockford, IL, she received her the family farm in his role as presi- of South Dakota, I want to thank Lee undergraduate education at the Uni- dent. In response to a veto of an emer- for being a true public servant who has versity of Illinois, graduating in 1965 gency credit bill by President Reagan helped improve the quality of life for with an A.B. in communications. She in 1985, Lee organized over 8,000 farm- thousands of rural Americans. received her master’s in guidance & ers and ranchers to gather for a ‘‘Farm f counseling from the University of New Alliance Rally’’ in Pierre, SD. This was ADDITIONAL STATEMENTS Mexico in 1968, and her juris doctor the second largest farm rally ever to be from the University of Denver College held at the state capital. Two other or- of Law in 1982. She worked with the ganizations were involved in gathering AMERICAN ASSOCIATION ON MEN- Bureau of Land Management before attendants, resulting in 25 Jackrabbit TAL RETARDATION AWARD WIN- transferring to the Forest Service in Line busses bringing the farmers and NERS 1978 as Director of Civil Rights in the ranchers to South Dakota’s capital ∑ Mr. DURBIN. Madam President, I am Rocky Mountain Regional Office in city. The overwhelming number of con- pleased today to join the Illinois chap- Denver. She held progressively more stituents rallying could not be ignored ter of the American Association on responsible positions before becoming by the state legislators, therefore the Mental Retardation in recognizing the the Rocky Mountain Region’s Director state legislature appropriated funds to recipients of the 2001 Direct Service of Lands, Water, Soils and Minerals in send the 105 member body plus the gov- Professional Award. These individuals 1994. In 1995, she was admitted to the ernor to Washington, DC to lobby Con- are being honored for their outstanding Federal Senior Executive Service and gress for the restructuring of farm and devotion to the effort to enrich the assumed the position of Forest Service ranch debt at serviceable interest lives of people with developmental dis- Director of Lands in Washington. In rates. This first rally served as a step- abilities in Illinois. April 1998, she was promoted to Re- ping stone for Lee to organize another These recipients have displayed a gional Forester for the Southwest Re- rural rally 15 years later in Wash- strong sense of humanity and profes- gion. ington. In 2000, bus loads of farmers, sionalism in their work with persons My office has had the pleasure of ranchers, church leaders, labor organi- with disabilities. Their efforts have in- working with Eleanor Towns since her zations, and rural community leaders spired the lives of those whom they arrival at regional headquarters in Al- gathered at the nation’s capital to care for, and they are an inspiration to buquerque. Despite deteriorating facili- rally for the sustainability of rural me as well. They have set a fine exam- ties when she first arrived, a situation America. Without the experience, dedi- ple of community service for all Ameri- that has since been rectified, she re- cation, or conviction of Lee Swenson cans to follow. mained attentive to the multiple issues

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S344 CONGRESSIONAL RECORD — SENATE February 5, 2002 of concern to New Mexico and the For- to Ms. Calleton’s legacy. Ms. Calleton say he was one of the most extraor- est Service. Whatever the complex and has much to celebrate and, I know, dinary young people I’ve had the pleas- contentious area of public land stew- looks forward to new challenges in her ure to meet. In April, as the 2001 Chil- ardship, I have found her to be profes- future endeavors. Her work will serve dren’s Miracle Network Champion from sional, responsive and decisive. For ex- the community for generations to Vermont, Thomas visited my Wash- ample, she gave our office tremendous come.∑ ington office. He was on his way to help during the creation of the Valles f meet President Bush, before heading to Caldera National Preserve and the de- Walt Disney World to participate in RECOGNITION OF SUCCESS BY 6 velopment of what we called the the national Children’s Miracle Net- PARTNERSHIP ‘‘Happy Forests’’ legislation. work telethon. When you met Thomas, Throughout her Federal career, Elea- ∑ Mr. BUNNING. Madam President, it you could see that, even though he was nor Towns was an effective manager of is with great pleasure and honor that I young, he had been through a lot. More critically important program areas, rise today to duly recognize the Suc- than that, Thomas was tough. Only his and was often called upon to tackle cess By 6 Partnership initiative for its positive and optimistic attitude to- some of the more difficult problems of tireless work in the area of early child- wards life was greater than his deter- the Department of Agriculture and the hood development for the community mination to fight his disease. Forest Service, including western of Gainesway in Lexington, KY. Thomas took his responsibilities water rights and employee discrimina- Less than a year ago, a unique part- with the Children’s Miracle Network tion cases. Her greatest assets have nership was formed between the United very seriously. He was also a fan of been her interpersonal skills. Known as Way of the Bluegrass and LexLinc, University of Vermont basketball. For ‘‘Ellie’’ to her friends and colleagues, which aimed to address the many edu- four seasons, Thomas served the Cat- she was a bridge builder—between man- cational and social needs of Kentucky amounts as the ball boy for the men’s agement and employees, between the children from birth to age 6. The Suc- basketball team. A column from the government and the public, and among cess By 6 initiative attempts to ready Burlington Free Press by Patrick divergent interest groups. Her qualities parents and children for school by the Garrity about Thomas’ role and influ- of good humor, common sense, adroit time the schools are ready for them by ence on the team says: communication skills, coupled with focusing on communication as the pri- Thomas Cook would have been pleased technical expertise, have made her one mary tool for problem solving. This with the effort. of the most effective managers in the initiative, adopted in more than 300 He would have loved T.J. Sorrentine’s Federal Civil Service. Our Nation and communities nationwide, does a phe- slashing drives. He would have loved Grant its resources are the better because of nomenal job of bringing together area Anderson’s blue-collar play underneath. He Eleanor Towns, and the Forest Service leaders and families in order to prop- would have loved David Hehn’s baseline-to- baseline energy and Trevor Gaines’ work on is a more effective organization. On be- erly identify the needs of parent, child, and teacher. Success By 6 has already the offensive boards. half of the Senate, I want to thank her Thomas wasn’t at Patrick Gymnasium to for her service to the Nation and wish helped organize a citywide safety seat see the University of Vermont men’s basket- her and her family all the best in re- giveaway program in Gainesway and ball team’s near-upset of Cleveland State on tirement.∑ has sparked awareness in the commu- Saturday. He lost a long fight with leukemia f nity of the importance of early child- last week. He died at age 12. hood learning. His customary position for Catamounts HONORING ELIZABETH BROWN On January 8, 2002, President George home games was down the team’s bench near CALLETON W. Bush signed into law the No Child the baseline, where he served the past four ∑ Mrs. BOXER. Madam President, I Left Behind Act, and I think initiatives seasons as a ball boy. As he battled his dis- ease and endured the cruel roller coaster of would like to take a moment to reflect such as this will work hand-in-hand hope and despair the disease became, Thom- on the tremendous accomplishments of with this Act to insure families that no as fought alongside the Cats, too. Elizabeth Brown Calleton during her child will be left without access to an He came to the sidelines four years ago tenure at Planned Parenthood of Pasa- education. soon after UVM coach Tom Brennan learned dena. I would like to personally thank all of the little boy from Enosburg Falls who During the past 40 years, Ms. of the participants and organizers of had been diagnosed with a disease that kills Calleton has made a major contribu- the Success By 6 initiative for their 22,000 Americans each year. What began with tion to Planned Parenthood of Pasa- strong and diligent commitment to the a hospital visit from then-freshman guard dena’s 69-year history, ultimately serv- Tony Orciari blossomed into a brotherhood future generations of the Common- between the two that seeped into the hearts ing as its President and CEO. A wom- wealth of Kentucky. Education can of every player on the team. en’s health care advocate, she estab- never be taken serious enough by ei- ‘‘He was a lot stronger than all of us,’’ said lished Planned Parenthood Community ther members of Congress or area lead- senior captain Corry McLaughlin. ‘‘Our lives Orientation Luncheons and a commu- ers, and I sincerely applaud the pro- are cake compared to what his was. To see nity-wide research network to provide gressive steps taken by this initiative him battling every day, to come out here and women with access to health care. Ms. program. be with us, let alone to make it through Calleton served on the committee that I believe that soon communities every day, he was just a really strong kid. created the North West Community ‘‘From his attitude, you would have never throughout Kentucky will see not only known he was sick. He was happy every day, Healthcare Alliance Program, a pro- the educational advantages but also jovial and upbeat.’’ gram geared to the needs of low-in- the social benefits of this program and Here’s hoping the next one goes in. For come, uninsured individuals. The Peer begin measures to work this initiative Thomas. Educator Program more than doubled into their educational agendas.∑ Thomas will be fondly remembered in size during Ms. Calleton’s tenure. f by everyone who was fortunate to have In addition to her extraordinary known him.∑ work at Planned Parenthood, Ms. TRIBUTE TO THOMAS STEPHEN Calleton has served with a variety of COOK f community organizations including the ∑ Mr. JEFFORDS. Madam President, League of Women Voters, the Pasadena today I rise to recognize and honor the Commission on the Status of Women life of Thomas Stephen Cook of West TESTIMONY OF RICHARD J. and Women at Work. Awards she has Enosburg, VT, who died Wednesday, SANTOS received from the Magna Carta Busi- November 21, after a 4-year fight with ∑ Mr. DOMENICI. Madam President, I ness and Professional Women and the leukemia. ask that testimony inserted into the Young Women’s Christian Association Thomas, who was only 12, inspired Budget Committee record from Rich- are a testament to her great dedica- those who witnessed his strength and ard J. Santos, the National Com- tion. courage as he battled against his sick- mander of the American Legion, be ‘‘Celebrating the Past, Looking To- ness. I have known Thomas since his printed in the RECORD. wards the Future’’ pays a fine tribute birth, and as his cousin, I can honestly The testimony follows.

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WRITTEN STATEMENT OF RICHARD J. SANTOS, nerability to nuclear, biological, and chem- Congress made marked improvements in an NATIONAL COMMANDER, THE AMERICAN LE- ical (NBC) warfare. array of quality-of-life issues for military GION TO THE COMMITTEE ON THE BUDGET, America’s armed forces must be well personnel and their families. These efforts U.S. SENATE CONCERNING THE FISCAL YEAR manned and equipped, not to pursue war, but are visual enhancements that must be sus- (FY) 2003 BUDGET RESOLUTION to preserve the hard-earned peace. The tained. The cost of freedom is on going, from Mr. Chairman and Members of the Budget American Legion is fully aware of what can generation to generation. Committee: The American Legion welcomes happen when diplomacy and deterrence fail. The President and Congress addressed im- the opportunity to present its views on the Many military experts believe that the cur- provements to the TRICARE system to meet FY 2003 Budget Resolution. As you and your rent national security is based on budgetary the health care needs of the military bene- colleagues consider the President’s recent concerns rather than real threat levels to ficiaries; enhanced the Montgomery GI Bill budget request, I share the views of the na- America and its allies. As the world’s re- educational benefits; and homelessness tion’s largest wartime veterans’ service or- maining superpower, America’s armed forces throughout the veterans community. For ganization. need to be more fully structured, equipped, these actions, The American Legion ap- The American Legion’s reputation as an and budgeted. plauds your strong leadership, dedication, advocate for maintaining a strong national Defense budget, military manpower, and and commitment. However, one issue still re- defense is well documented, dating back to force structure are currently improving over mains unresolved: the issue of concurrent re- its very beginning in 1919 in Paris, France. the FY 2001 levels. The current operational ceipt of full military retirement pay and VA As veterans of the War to End All Wars, The tempo of active-duty and Reserve and Guard disability compensation without the current American Legion founders established an or- forces remains extremely high and very de- dollar-for-dollar offset. The issue of concur- ganization: manding. The American Legion recommends: rent receipt appeared in the FY 2002 budget To uphold and defend the Constitution of Active-duty personnel level should not be resolution and the FY 2002 defense authoriza- the United States of America; less than 1.6 million. tion act. Every day, new severely disabled To maintain law and order; The Army must maintain 12 fully manned, military retirees are joining the ranks of To foster and perpetuate a one-hundred equipped, and trained combat divisions. American heroes being required, by law, to percent Americanism; The Navy must maintain 12 aircraft carrier forfeit military retirement pay. To preserve the memories and incidents of battle groups and a viable strategic trans- Recently, 14 soldiers and 2 airmen were our associations in the Great Wars; port capability. awarded Purple Hearts from the War on Ter- To inculcate a sense of individual obliga- The Air Force must maintain, at a min- rorism. These newest American heroes would tion to the community, state, and nation; imum, 15 fighter wings, a strategic bombing be the latest victims of this injustice should To combat autocracy of both the classes capability, its Intercontinental Ballistic their war wounds result in debilitating med- and the masses; Missile capability and a global strategic ical conditions. During the State of the To make right the master of might; transport capability. Union Address, one such future recipient, To promote peace and good will on earth; Deployment of a national missile defense SFC Ronnie Raikes, was sitting next to the To safeguard and transmit to posterity the system. First Lady. Concurrent receipt legislation in principles of justice, freedom and democracy; The defense budget should equal 3–4 per- both chambers (S. 170 and H.R. 303) has over- To consecrate and sanctify our comrade- cent of the Gross Domestic Product. whelming support by your colleagues. With The current active-duty personnel level is ship by our devotion to mutual helpfulness. the President’s proposed $48 billion increase approximately 1.37 million. Military leaders The only common bond of all Legionnaires in defense spending, The American Legion are making up the difference by increasing is honorable military service during a period believes now is the time to correct this ter- the operations tempo and by over-utilizing of armed conflict. Legionnaires are men and rible injustice. Enactment of corrective leg- the Reserve components. Currently, Amer- women that belong to an organization based islative and fully funding concurrent receipt ican military personnel are deployed to over upon comradeship. This group of veterans is are actions to properly reward heroism and 140 countries worldwide. Overseas deploy- devoted to fair and equitable treatment of courage under fire. ments have increased well over 300 percent in their fellow veterans, especially the service- If America is to continue as the world’s re- the past decade. Many of these personnel connected disabled. Another group of vet- maining superpower, it must operate from a continue to come from the Reserve and erans honored by The American Legion is position of strength. This strength can only Guard components. those fallen comrades that are killed in ac- be sustained through meaningful leadership Cuts in force structure cannot be rapidly tion (KIA), missing in action (MIA), or those and adequate funding of the armed forces. reconstituted without the costly expendi- held as prisoner of war (POW). These service tures of time, money, and human lives. Mod- VETERANS’ HEALTH CARE members often leave spouses and children ernization of weapon systems is vital to The American Legion believes that the pri- behind. For those who have paid the ulti- properly equipping the armed forces, but are mary mission of the Department of Veterans mate sacrifice for freedom, The American totally ineffective without adequate per- Affairs (VA) is to meet the health care needs Legion will honor their service by making sonnel to effectively operate the state-of- of America’s veterans. The American Legion sure this nation fulfills its promises to their the-arts weaponry. The American Legion believes that the VA should continue to re- survivors. For those listed as MIA or POW, strongly recommends adequate funding for ceive appropriate funding in order to maxi- The American Legion will continue to de- modernization of the services. America is mize its ability to provide world-class health mand the fullest possible accounting of each losing its technological edge. No American care to the large number of aging veterans, and every comrade. soldier, sailor, airman, or Marine should be while still maintaining services to a younger NATIONAL SECURITY ordered into battle with obsolete weapons, cohort of veterans who are using VA for the The deep-rooted interest of The American supplies, and equipment. America stands to first time. The American Legion greatly ap- Legion in the security of the nation was born lose its service members on the battlefield preciates the actions of all Members of Con- in the hearts and minds of its founders and and during training exercises due to aging gress regarding the increase in VA Medical sustained by its current membership. The equipment. The current practice of trading Care funding for FY 2002. Now, please focus bitter experiences of seeing comrades wound- off force structures and active-duty per- your attention to the increases in FY 2003. ed or killed through lack of proper training sonnel levels to recoup modernization re- Just like the Medicare and Medicaid pro- crystallized the determination of Legion- sources must be discontinued. grams, the VA health care budget requires naires to fight for a strong, competent de- The American Legion recommends restor- an annual increase to maintain its existing fense establishment capable of protecting ing the force structure to meet the threat service level and to fund new mandates. For the sovereignty of the United States. The level and to increase active-duty personnel years, VA managers wee asked to do more tragic events of World War I, largely precip- levels. Ensuring readiness also requires re- with less. The recent funding increase now itated by unprepared military, were still taining the peacetime Selective Service Sys- allows the Veterans Health Administration vivid in the minds of combat veterans that tem to register young men for possible mili- (VHA) to catch up with the growing demands founded The American Legion. After 22 years tary service in case of a national emergency. placed upon the system and repair some of of repeated warnings by The American Le- Military history repeatedly demonstrates the problems related to long patient waiting gion, Pearl Harbor dramatically illustrated that it is far better to err on the side of pre- times and limitations on access to care. the cost of failed vigilance and complacency. serving robust forces to protect America’s The American Legion felt that the Presi- For over 83 years, The American Legion’s interest than to suffer the consequences of dent’s budget request last year failed to ac- drumbeat on defense issues has remained ill preparedness. America needs a more real- curately reflect VA’s FY 2002 health care constant. With the evolution of space age istic strategy with an appropriate force funding needs. VA’s projections misrepre- technology and scientific advancement of structure, weaponry, equipment, and active- sented the actual number of veterans seek- conventional and nuclear weapons, The duty personnel leave to achieve its objec- ing care. It appears that the President’s American Legion continues to insist on a tives. budget request was based on a much lower well-equipped, fully manned, and a properly A major national security concern is the number of patients projection (less than 3 trained fighting force to deter aggressors. enhancement of the quality-of-life issues for percent) than the actual number of users The events surrounding September 11, 2001 service members, Reservists, National (closer to 11 percent). Fortunately, Congress publicly exposed a soft underbelly of Amer- Guard, military retirees, and their families. added over $300 million to the President’s ica to acts of terrorism, especially the vul- During the First Session, President Bush and original request; however, VHA is now faced

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S346 CONGRESSIONAL RECORD — SENATE February 5, 2002 with dealing with an inadequate FY 2002 As VHA continues to re-invent itself, in the provision of this care to active duty budget. The American Legion believes that change is not a defining event, but rather a service members. Additionally, when service close to 5 million veterans will seek care in series of small steps. Despite its recent suc- members leave active duty, this health care VHA medical facilities in FY 2003. Last year, cesses, VHA still faces numerous future chal- coverage should continue. VHA has the ca- The American Legion requested $21.6 billion lenges. pacity and the capability to play a much in FY 2002; however, this year we recommend The American Legion believes VHA’s long- larger role in the provision of health care to $23.1 billion for VA medical care. term future must be clearly defined to be re- the beneficiaries of DoD health care system. Many factors are driving more veterans to sponsive to those who have ‘‘borne the bat- VHA has six strategic goals through the use VHA as their primary health care pro- tle.’’ All individuals, who enter military year 2006: vider: service, should be assured that there is a Put quality first. Many Medicare+Choice health mainte- health care system dedicated to serving their Provide easy access to medical knowledge, nance organizations (HMOs) withdrew from needs upon leaving the military. That con- expertise and care. the program; cept is especially important to disabled vet- Enhance, preserve and restore patient Many HMOs collapsed; erans and to retired service members. The GI function. VHA has opened community based out- Bill of Health would ensure that all honor- Exceed customers’ expectations. patient clinics; ably discharged veterans would be eligible Save more dollars to serve more veterans. Double-digit increase in health care pre- for VA health care, as they will fall into one Build healthy communities. miums; of the core entitlement categories and into a Unfortunately, nowhere in the list of VHA The dramatic fluctuations in the national health insurance or buy-in category. A priorities are the goals of Medicare-sub- economy make VHA a more cost-effective unique feature of the GI Bill of Health is vention, the treatment of veterans’ depend- option for veterans; and that it will also permit certain dependents of ents, expanding the non-appropriated fund- VHA’s reputation for quality of care and veterans to enroll in the VA health care sys- ing revenue base, and greater cooperation patient safety is attracting new patients. tem. with the private sector and with DoD health Where comparable data exist, VHA con- The American Legion commends VA for care system. the changes made within VHA over the past tinues to outperform the private sector in all VETERANS’ BENEFITS indicators in health promotion and disease few years. These changes include eligibility prevention. The American Legion adamantly reform, enrollment, the reorganization of the Given the number of veterans and other believes VHA is the best health care invest- 172 medical centers into 22 integrated oper- claimants who file claims each year and with ment of tax dollars. The average cost per pa- ating units, the elimination of certain fiscal an annual expenditure of over $25 billion in tient treated within VHA is unmatched by inefficiencies, and the expansion of commu- compensation and pension payments, it is any other major health care delivery system, nity based outpatient clinics. In some cases, imperative that Congress maintain strong especially with comparable quality of care. The American Legion believes VA has gone oversight of the operations of Veterans Ben- Mr. Chairman and Members of the Com- too far in attempting to improve fiscal effi- efit Administration’s (VBA’s) Compensation mittee, the reason VHA medical care con- ciency. Veterans should not have to increase and Pension Service. tinues to increase annually is not because of their travel time for the benefit of the De- Over the last several years, the backlog of uncontrollable cost increases nor poor cost partment. Rather, VHA needs to improve its pending claims and appeals has increased estimations, but rather because thousands of cooperation with other Federal, state, and dramatically and now exceeds over 660,000 veterans are voting with their feet. More and private health care providers to improve the cases. It routinely takes six months to a more veterans are choosing to use their quality and timeliness of care for veterans year or more to process disability compensa- earned benefit—access to VHA. However, en- and their families. The American Legion en- tion claims. In addition, annually, some rollment in VHA is limited to existing dis- courages VHA to continue to provide health 60,000 to 70,000 new appeals are initiated. cretionary appropriations. The American Le- care that is the highest quality to all vet- After a wait of over two years for an appeal gion urges Congress to evaluate several op- erans at the most reasonable cost. to reach the Board of Veterans Appeals (BVA tions that would assure every veteran that Two additional significant steps required or the Board), more than 20 percent will be wants to enroll in VHA can enjoy that to re-engineer VHA are Medicare subvention allowed and more than 22 percent will be earned benefit. The key factor driving the in- and permitting certain dependents of vet- sent back to the regional office for further creases in medical care funding requirements erans to utilize the system. required development and readjudication. has not been uncontrolled cost increases, nor Unlike in the private sector, Medicare-eli- Remanded cases may be pending for another has it been poor cost estimation processes— gible veterans cannot use their Medicare year or two, in the regional office before re- it has been the unexpected and dramatic in- benefits in a VHA facility for treatment of turning to the Board. Sometimes, cases are crease in demand for care from the VA sys- nonservice-connected conditions. When remanded two and three times because the tem. Medicare-eligible veterans receive health specified corrective action had not been com- The overall guiding principle for VA must care treatment for any medical condition in pleted, which adds several more years to the be improved services to veterans, their de- the private sector, the federal government appeal. pendents, and survivors. This will require reimburses the health care provider for a Unfortunately, there is a pattern of recur- improving access and timeliness of veterans’ portion of that service. When Medicare-eligi- ring issues, which continue to have a direct health care; increasing quality and timeli- ble veterans receive health care treatment and adverse effect on the quality and timeli- ness in the benefit claims process; and en- for the same medical conditions (nonservice- ness of regional office claims adjudication. hancing access to national and state ceme- connected) within VHA, the federal govern- They relate to budget, staffing, training, teries. Specific American Legion objectives ment will not reimburse VHA for any por- quality assurance, accountability, and atti- for Congress include: tion of that service. This equates to a re- tude. These findings confirm our long-held Sound VHA funding for long-term strategic striction on a veteran’s right to access view that quality must be VBA’s highest pri- planning and program performance measure- health care of his or her choice and using his ority. Without guaranteed quality, thou- ment, or her Medicare benefit. The American Le- sands of claims will continue to process un- Additional revenue for staff and construc- gion believes that Medicare subvention will necessarily through the system: much of tion, result in more accessible, quality health care VBA’s valuable financial and personnel re- Medicare subvention, for all Medicare-eligible veterans. Further- sources will be wasted; and veterans will not Pilot programs for certain dependents of more, Medicare subvention should greatly receive the benefits and services they are en- eligible veterans, reduce incidents of fraud, waste, and abuse titled to and that Congress intended they VA and DoD sharing, in billing because it will occur between two should have. Reduce the claims backlog, Federal agencies with congressional over- The American Legion believes VBA is com- Repeal bar to service-connection for to- sight. Today’s fiscal realities requires VHA mitted to bringing about much needed bacco-related illnesses, to seek other revenue streams to supplement change to the claims adjudication system Increase the rate of beneficiary travel re- the growing demand for service and not sim- with the overall goal of providing quality, imbursement, and ply rely on saving more dollars to serve more timely service to veterans and its other Allow all third-party reimbursements col- veterans. The American Legion strongly rec- stakeholders. In recent years, VBA’s stra- lected by VA to supplement, rather than off- ommends allowing Medicare subvention for tegic plans have made many promises and we set, the annual Federal discretionary appro- Priority Group 7 Medicare-eligible veterans have, in fact, seen the implementation of a priations. enrolled in VHA. variety of programmatic and procedural The American Legion created the GI Bill of Allowing certain veterans’ dependents ac- changes. However, it is obvious that progress Health as a blueprint for meeting the cur- cess to health care within VHA will also help toward major improvements in service con- rent and future health care requirements of develop new revenue streams and will ulti- tinues to be slow and that much remains to the nation’s veterans and for supplementing mately improve recruitment and retention be done. The overall quality of regional of- VA’s annual health care appropriation. The within the armed forces. Service members fice decision making remains problematic. GI Bill of Health, once fully implemented, need to know that their dependents have ac- Secretary Principi has identified many would expand VHA’s patient base and in- cess to quality health care while serving on problems and is working diligently to find crease its non-appropriated funding through active duty. The American Legion believes solutions that will provide improved service new revenue sources. that VHA can and should play a larger role to veterans and their families. There are a

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S347 spectrum of ongoing and planned initiatives, will continue to grow over the next 15–20 long term, VA saves millions of dollars such as the Pre-Discharge Examinations, years. The death rate of World War II vet- through the State Veterans Home Program. Personnel Information Exchange System erans will peak in 2008, but the annual death The American Legion supports the State (PIES), Electronic Burial Claims, Virtual rate of veterans will not return to 1995 levels Veterans Home Program and believes the VBA, Decision Review Officer (DRO) Pro- under 2020. The death rates of Korean and federal government must provide sufficient gram, and personal hearing teleconferencing, Vietnam Era veterans will greatly accelerate construction funding to allow for the ex- just to name a few. In addition, VBA has thereafter. The American Legion continues pected increase in long-term care veteran pa- begun implementing the recent rec- to fully support the further development of tients. ommendations of the Secretary’s Claims the State Cemetery Grants Program. On September 11, 2001, I was about to Processing Task Force focusing on improv- The Veterans Millennium Health Care and present testimony before a Joint Session of ing the operating efficiency of the process Benefits Act (Public Law 106–117) requires the Veterans’ Affairs Committees, when we and procedures by which claims are adju- VA to provide long-term nursing care to vet- were directed to evacuate the Cannon House dicated. These involve special initiatives to erans rated 70 percent disabled or greater. Office Building. Like Americans around the better manage the claims and appeals. There The new law also requires VA to provide world, I was shocked by the barbaric, ter- will be an emphasis on better training for long-term nursing care to all other veterans rorist actions taken against innocent airline the newly hired adjudicators. Performance for service-connected disabilities and to passengers, those in the World Trade Towers, standards are being implemented that pro- those willing to make a co-payment to offset and those in the Pentagon. My heart swelled vide for personal and organization account- the cost of care. Further, it requires VA to with pride as fearless rescue workers, fellow ability. VBA is continuing the development provide veterans’ greater access to alter- service members, and private citizens rushed of its information technology program. native community-based long-term care pro- to assist the victims, only to experience the While we support these much-needed grams. These long-term care provisions will heartache as the Twin Towers collapsed changes, we are concerned that they only in- place greater demand on VA and on the turning heroes into victims in a matter of directly address the core problem of contin- State Veterans Home Program for years to seconds. At that specific moment, the impor- ued poor quality decision making. Without a come. tance of that testimony paled in comparison. vigorous, comprehensive quality assurance The American Legion believes that it The American Legion’s efforts, like the rest program, thousands of claims will continue makes economic sense for VA to look to of America, shifted to what we do best—help- to process needlessly through the regional States governments to help fully implement ing at the community, state, and national offices, the Board of Veterans Appeals, and the provisions of PL 106–117. VA spends on level. the courts wasting time, effort and tax- average $225 per day to care for each of their payers’ money. Veterans have a right to a nursing care patients and pays private-sector SUMMARY fair, proper, and timely decision. They contract facilities an average per diem of Since I was unable to formally present my should not have to endure financial hardship $149 per contract veteran. The national aver- testimony, I did submit The American Le- and delay before receiving the benefits to age daily cost of care for a State Veterans gion’s recommendations for the VA budget which they are entitled by law. Home nursing care resident is about $140. VA for FY 2003 for the record. Today, it is impor- The workload and budgetary requirements reimburses State Veterans Homes a per diem tant that I share that information to this of National Cemetery Administration (NCA) of $40 per nursing care resident. Over the Committee:

Legion’s FY 2003 re- Program P.L. 106–377 P.L. 107–73 quest

Medical Care ...... $20.2 billion ...... $21.3 billion ...... $23.1 billion. Medical and Prosthetics Research ...... 350 million ...... 371 million ...... 420 million. Construction: Major ...... 66 million ...... 183 million ...... 310 million. Minor ...... 170 million ...... 211 million ...... 219 million. State Veterans’ Home ...... 100 million ...... 100 million ...... 110 million. State Veterans’ Cemeteries ...... 25 million ...... 25 million ...... 30 million. NCA ...... 110 million ...... 121 million ...... 140 million. General Administration ...... 1 billion ...... 1.2 billion ...... 1.3 billion.

The American Legion believes that the PM–69. A message from the President of We are engaged in a war against ter- true character of any democracy is best re- the United States, transmitting, pursuant to rorism that places new demands on our flected in the way it treats its veterans of law, the Economic Report of the President the armed forces—the true preservers and de- along with the Annual Report of the Council economy, and we must seek our every fenders of liberty. of Economic Advisers for 2002; to the Joint opportunity to build an economic foun- Mr. Chairman, and Members of the Economic Committee. dation that will support this challenge. Committee, that concludes my written ECONOMIC REPORT OF THE PRESIDENT I am confident that Americans have statement.∑ To the Congress of the United States: proved they will rise to meet this chal- Since the summer of 2000, economic lenge. f growth has been unacceptably slow. We must have an agenda not only for MESSAGES FROM THE PRESIDENT This past year the inherited trend of deteriorating growth was fed by the physical security, but also for eco- Messages from the President of the events, the most momentous of which nomic security. Our strategy builds United States were communicated to was the terrorist attacks of September upon the charter of Americans: remov- the Senate by Ms. Evans, one of his 11, 2001. The painful upshot has been ing economic barriers to their success, secretaries. the first recession in a decade. This is combining our workers and their skills f cause for compassion—and for action. with new technologies, and creating an EXECUTIVE MESSAGES REFERRED Our first priority was to help those environment where entrepreneurs and Americans who were hurt most by the businesses large and small can grow As in executive session the Presiding recession and the attacks on Sep- and create jobs. Our vision must extend Officer laid before the Senate messages tember 11. In the immediate aftermath from the President of the United of the attacks, my Administration beyond America, engaging other coun- States submitting sundry nominations sought to stabilize our air transpor- tries in the virtuous cycle of free trade, which were referred to the appropriate tation system to keep Americans fly- raising the potential for global growth, committees. ing. Working with the Congress, we and securing the gains from worldwide (The nominations received today are provided assistance and aid to the af- markets in goods and capital. We must printed at the end of the Senate pro- fected areas in New York and Virginia. ensure that this effort builds economic ceedings.) We sought to provide a stronger safety bonds that encompass every American. net for displaced workers, and we will f America faces a unique moment in continue these efforts. Our economic PRESIDENTIAL MESSAGES recovery plan must be based on cre- history: our Nation is at war, our The following presidential messages ating jobs in the private sector. My Ad- homeland was attacked, and our econ- were laid before the Senate, together ministration has urged the Congress to omy is in recession. In meeting these with accompanying papers, reports, accelerate tax relief for working Amer- great challenges, we must draw and documents, which were referred as icans to speed economic growth and strength from the enduring power of indicated: create jobs. free markets and a free people. We

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S348 CONGRESSIONAL RECORD — SENATE February 5, 2002 must also look forward and work to- SUBMISSION OF CONCURRENT AND trade-affected communities, and for ward a stronger economy that will but- SENATE RESOLUTIONS other purposes. tress the United States against an un- The following concurrent resolutions S. 1456 certain world and lift the fortunes of and Senate resolutions were read, and At the request of Mr. BENNETT, the others worldwide. referred (or acted upon), as indicated: names of the Senator from Arkansas GEORGE W. BUSH. (Mr. HUTCHINSON) and the Senator from By Mr. DEWINE (for himself, Mr. THE WHITE HOUSE, February 2002. LLEN CHAFEE, Mr. DODD, Mr. KERRY, Mr. Virginia (Mr. A ) were added as co- sponsors of S. 1456, a bill to facilitate f LOTT, Mr. DORGAN, Mr. HAGEL, Mr. DAYTON, Mr. SARBANES, and Mr. the security of the critical infrastruc- EXECUTIVE AND OTHER BINGAMAN): ture of the United States, to encourage S. Res. 204. A resolution expressing the the secure disclosure and protected ex- COMMUNICATIONS sense of the Senate regarding the importance change of critical infrastructure infor- The following communications were of United States foreign assistance programs mation, to enhance the analysis, pre- laid before the Senate, together with as a diplomatic tool for fighting global ter- vention, and detection of attacks on accompanying papers, reports, and doc- rorism and promoting United States security critical infrastructure, to enhance the uments, which were referred as indi- interests; to the Committee on Foreign Rela- tions. recovery from such attacks, and for cated: other purposes. f EC–5292. A communication from the Sec- S. 1478 retary of State, transmitting, pursuant to ADDITIONAL COSPONSORS At the request of Mr. SANTORUM, the Section 1006(b) of the USA PATRIOT Act, names of the Senator from Oregon (Mr. P.L. No. 107–56, a report relative to a world- S. 358 WYDEN) and the Senator from Cali- wide watchlist of known or suspected money At the request of Mr. FRIST, the fornia (Mrs. FEINSTEIN) were added as launderers, for the purpose of enforcing the name of the Senator from Virginia (Mr. new money-laundering inadmissibility; to cosponsors of S. 1478, a bill to amend WARNER) was added as a cosponsor of S. the Animal Welfare Act to improve the the Committee on Foreign Relations. 358, a bill to amend the Social Security EC–5293. A communication from the Prin- treatment of certain animals, and for Act to establish a Medicare Prescrip- cipal Deputy Associate Administrator of the other purposes. tion Drug and Supplemental Benefit Environmental Protection Agency, transmit- S. 1558 Program and for other purposes. ting, pursuant to law, the Agency’s Report At the request of Mr. SANTORUM, the on the Implementation and Enforcement of S. 682 name of the Senator from Virginia (Mr. the Combined Sewer Overflow (CSO) Control At the request of Mr. MCCAIN, the WARNER) was added as a cosponsor of S. Policy; to the Committee on Environment name of the Senator from Colorado and Public Works. 1558, a bill to provide for the issuance EC–5294. A communication from the Legis- (Mr. CAMPBELL) was added as a cospon- of certificates to social security bene- lative and Regulatory Activities Division, sor of S. 682, a bill to amend title II of ficiaries guaranteeing their right to re- Comptroller of the Currency, Administrator the Social Security Act to restore the ceive social security benefits under of National Banks, transmitting, pursuant to link between the maximum amount of title II of the Social Security Act in law, the report of a rule entitled ‘‘Inter- earnings by blind individuals permitted full with an accurate annual cost-of- national Banking Activities: Capital Equiva- without demonstrating ability to en- living adjustment. lency Deposits’’ (12 CFR Part 28) received on gage in substantial gainful activity and S. 1675 January 28, 2002; to the Committee on Bank- the exempt amount permitted in deter- ing, Housing, and Urban Affairs. At the request of Mr. BROWNBACK, the EC–5295. A communication from the Legis- mining excess earnings under the earn- name of the Senator from Nebraska lative and Regulatory Activities Division, ings test. (Mr. HAGEL) was added as a cosponsor Comptroller of the Currency, Administrator S. 686 of S. 1675, a bill to authorize the Presi- of National Banks, transmitting, pursuant to At the request of Mrs. LINCOLN, the dent to reduce or suspend duties on law, the report of a rule entitled ‘‘Capital; name of the Senator from Michigan textiles and textile products made in Leverage and Risk-Based Capital Guidelines; (Mr. LEVIN) was added as a cosponsor of Pakistan until December 31, 2004. Capital Adequacy Guidelines; Capital Main- S. 1678 tenance: Nonfinancial Equity Investments’’ S. 686, a bill to amend the Internal (12 CFR Part 3); to the Committee on Bank- Revenue Code of 1986 to provide a cred- At the request of Mr. MCCAIN, the ing, Housing, and Urban Affairs. it against tax for energy efficient ap- name of the Senator from Maryland pliances. (Mr. SARBANES) was added as a cospon- f S. 866 sor of S. 1678, a bill to amend the Inter- At the request of Mr. REID, the name nal Revenue Code of 1986 to provide INTRODUCTION OF BILLS AND that a member of the uniformed serv- JOINT RESOLUTIONS of the Senator from North Dakota (Mr. CONRAD) was added as a cosponsor of S. ices or the Foreign Service shall be The following bills and joint resolu- 866, a bill to amend the Public Health treated as using a principal residence tions were introduced, read the first Service Act to provide for a national while away from home on qualified of- and second times by unanimous con- media campaign to reduce and prevent ficial extended duty in determining the sent, and referred as indicated: underage drinking in the United exclusion of gain from the sale of such By Mr. HOLLINGS (for himself and Mr. States. residence. THURMOND): S. 1680 S. 1062 S. 1910. A bill to suspend temporarily the At the request of Mr. WELLSTONE, the duty on certain extruders, castings, TDO At the request of Mr. DURBIN, the names of the Senator from Illinois (Mr. name of the Senator from North Da- Tenders, Transport/winders, and slitters; to DURBIN), the Senator from Delaware kota (Mr. DORGAN) was added as a co- the Committee on Finance. (Mr. BIDEN), the Senator from Dela- By Mr. INHOFE (for himself and Mr. sponsor of S. 1062, a bill to amend the ware (Mr. CARPER), the Senator from CLELAND): Public Health Service Act to promote Nevada (Mr. REID), the Senator from S. 1911. A bill to amend the Community organ donation and facilitate inter- Services Block Grant Act to reauthorize na- New York (Mr. SCHUMER), the Senator state linkage and 24-hour access to from South Dakota (Mr. JOHNSON), the tional and regional programs designed to State donor registries, and for other provide instructional activities for low-in- Senator from Missouri (Mr. BOND), and come youth; to the Committee on Health, purposes. the Senator from New York (Mrs. CLIN- Education, Labor, and Pensions. S. 1209 TON) were added as cosponsors of S. By Mr. SMITH of Oregon: At the request of Mr. BINGAMAN, the 1680, a bill to amend the Soldiers’ and S. 1912. A bill to amend the Endangered name of the Senator from Vermont Sailors’ Civil Relief Act of 1940 to pro- Species Act of 1973 to require the Secretary (Mr. LEAHY) was added as a cosponsor vide that duty of the National Guard of the Interior and the Secretary of Com- of S. 1209, a bill to amend the Trade mobilized by a State in support of Op- merce to give greater weights to scientific or commercial data that is empirical or has Act of 1974 to consolidate and improve eration Enduring Freedom or otherwise been field-tested or peer-reviewed, and for the trade adjustment assistance pro- at the request of the President shall other purposes; to the Committee on Envi- grams, to provide community-based qualify as military service under that ronment and Public Works. economic development assistance for Act.

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S349 S. 1712 At the request of Mr. REID, the name kids and promote their development of At the request of Mr. GRASSLEY, the of the Senator from Nevada (Mr. EN- body and mind. The improvement of names of the Senator from Alabama SIGN) was added as a cosponsor of physical fitness through a variety of (Mr. SESSIONS) and the Senator from amendment No. 2764 supra. daily activities from swimming to soc- North Carolina (Mr. HELMS) were added f cer is a key component of the program. as cosponsors of S. 1712, a bill to amend Using the vehicle of high-energy STATEMENTS ON INTRODUCED the procedures that apply to consider- sports, each student is able to learn BILLS AND JOINT RESOLUTIONS ation of interstate class actions to as- valuable life lessons. The academic sure fairer outcomes for class members By Mr. HOLLINGS (for himself portion of the National Youth Sports and defendants, and for other purposes. and Mr. THURMOND): Program has evolved since its begin- S. 1749 S. 1910. A bill to suspend temporarily nings to include special enrichment for At the request of Mr. KENNEDY, the the duty on certain extruders, castings, math and science and useful computer names of the Senator from New Jersey TDO Tenders, Transport/winders, and training. To encourage life-long health (Mr. TORRICELLI) and the Senator from slitters; to the Committee on Finance. and physical fitness, substance abuse Utah (Mr. BENNETT) were added as co- Mr. HOLLINGS. Madam President, prevention training is incorporated at sponsors of S. 1749, a bill to enhance today, I, along with Senator THUR- several program sites, and every child the border security of the United MOND, introduce duty suspension legis- receives a thorough medical exam by a States, and for other purposes. lation designed to permit imports of local doctor. Quality medical attention S. 1897 machinery into the United States duty is a luxury that many of these children At the request of Mrs. CARNAHAN, the free. This machinery is not made in the do not otherwise have. name of the Senator from Georgia (Mr. United States. Therefore, their impor- President Bush has encouraged our CLELAND) was added as a cosponsor of tation will not displace domestic Nation to come together to build com- S. 1897, a bill to require disclosure of sourcing. Moreover, because of the na- munities of character. The National the sale of securities by an affiliate of ture of the products at issue, they will Youth Sports Program is truly a na- the issuer of the securities to be made assist in the creation of additional jobs tion-wide community effort. In forty- available to the Commission and to the in the United States. nine states, the District of Columbia, public in electronic form, and for other I believe that this is the most appro- and Puerto Rico, volunteers give their purposes. priate use of such legislation. The im- time to help young people strive for S. 1899 ported product will not displace any their best, develop body and mind, and At the request of Mr. BROWNBACK, the that is manufactured in the United build strong character. names of the Senator from Louisiana States. Moreover, the imported product In support of the continued success (Ms. LANDRIEU) and the Senator from will assist in enhancing American pro- and vision of the National Youth Iowa (Mr. GRASSLEY) were added as co- ductive capacity. I am therefore hope- Sports Program, today I am intro- sponsors of S. 1899, a bill to amend title ful that this new capacity can be used ducing the K.I.D.S. Act: Keeping Inspi- 18, United States Code, to prohibit to supply both domestic and foreign ration and Development Strong. This human cloning. needs and will increase employment in bill amends the Community Services AMENDMENT NO. 2722 the United States. Block Grant Act to reauthorize appro- At the request of Mr. ALLARD, the priations for the National Youth name of the Senator from Nevada (Mr. By Mr. INHOFE (for himself and Sports Program at $20 million for Fis- ENSIGN) was added as a cosponsor of Mr. CLELAND): cal Year 2003 and provides for its au- amendment No. 2722 proposed to H.R. S. 1911. A bill to amend the Commu- thorization through Fiscal Year 2008. I 622, a bill to amend the Internal Rev- nity Services block Grant Act to reau- urge my colleagues to join me in sup- enue Code of 1986 to expand the adop- thorize national and regional programs port of this legislation and to make the tion credit, and for other purposes. designed to provide instruction activi- development of our Nation’s greatest AMENDMENT NO. 2728 ties for low-income youth; to the Com- resource, children, a national priority. At the request of Mr. THOMAS, the mittee on Health, Education, Labor, I ask unanimous consent that the bill name of the Senator from Washington and Pensions. be printed in the RECORD. (Mrs. MURRAY) was added as a cospon- Mr. INHOFE. Madam President, Their being no objection, the bill was sor of amendment No. 2728 proposed to every summer since 1968 the National ordered to be printed in the RECORD, as H.R. 622, a bill to amend the Internal Youth Sports Program, NYSP, has en- follows: Revenue Code of 1986 to expand the abled thousands of children, ages ten to S. 1911 adoption credit, and for other purposes. sixteen, the opportunity to develop Be it enacted by the Senate and House of Rep- AMENDMENT NO. 2740 their athletic, academic and leadership resentatives of the United States of America in At the request of Mr. GRAMM, the skills in a character-building environ- Congress assembled, name of the Senator from Utah (Mr. ment. Utilizing both private and public SECTION 1. SHORT TITLE. HATCH) was added as a cosponsor of resources, the NYSP successfully part- This Act may be cited as the ‘‘Keep Inspi- amendment No. 2740 intended to be pro- ners with the National Collegiate Ath- ration and Development Strong Act’’ or the ‘‘KIDS Act’’. posed to H.R. 622, a bill to amend the letic Association, NCAA, the U.S. De- SEC. 2. FINDINGS. Internal Revenue Code of 1986 to ex- partment of Health and Human Serv- Congress finds that— pand the adoption credit, and for other ices, HHS, the U.S. Department of (1) since 1968, when the National Youth purposes. Housing and Urban Development, HUD, Sports Program (referred to in this Act as AMENDMENT NO. 2749 and 200 institutions of higher learning the ‘Program’) began, the Program has pro- At the request of Mr. GRAMM, the across the country to provide an en- vided a character-building environment for name of the Senator from Utah (Mr. riching summer experience for kids low-income children to develop athletic, edu- HATCH) was added as a cosponsor of from disadvantaged backgrounds. cational, and leadership skills; amendment No. 2749. Each participant in the National (2)(A) the Program utilizes community re- sources, private funding, and public funding AMENDMENT NO. 2763 Youth Sports Program engages with a to carry out the Program’s goals; and At the request of Mr. ENZI, the name caring, dedicated adult volunteer while (B) for every $1 in Federal funds appro- of the Senator from Texas (Mr. GRAMM) being exposed to the skills, discipline, priated for the Program, the Program re- was added as a cosponsor of amend- and self-esteem that organized sports ceives nearly $3 from private sources, ment No. 2763 intended to be proposed provide. Each student also receives through cash contributions or services pro- to H.R. 622, a bill to amend the Inter- academic enrichment in the classroom, vided at Program sites; nal Revenue Code of 1986 to expand the instruction on healthy living and drug (3)(A) the continued investment of Federal adoption credit, and for other purposes. and alcohol abuse prevention, leader- resources in the Program is in the Nation’s best interest, especially given a recent in- AMENDMENT NO. 2764 ship training, and a comprehensive crease in child obesity in the United States; At the request of Mr. JOHNSON, his medical exam. Collegiate athletes and and name was added as a cosponsor of others from the community volunteer (B) the Surgeon General’s report to the amendment No. 2764. for the five-week program to nurture President, published in the fall of 2000 and

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S350 CONGRESSIONAL RECORD — SENATE February 5, 2002 entitled ‘‘Promoting Better Health for passed through the program since its tion that, if enacted, could prevent an- Young People Through Physical Activity inception. And over time, local medical other tragic situation like the farmers and Sports’’, indicated that child obesity had communities have joined in. In 2000, and ranchers of the Klamath Basin ex- doubled in the preceding 20 years; over 74,300 medical examinations were perienced last year. The Act, the (4)(A) the Program enhances the health of children by providing quality medical care; administered free of charge or at a re- ‘‘Sound Science for Endangered Species and duced rate. If a health problem is Decisionmaking Act of 2002,’’ would re- (B) in 2001, 77,106 medical examinations found, as is the case in approximately quire independent scientific peer re- were administered at Program sites for chil- one-third of the examinations, the view of certain actions taken by the dren who might otherwise not have visited a child is referred for adequate follow-up regulatory agencies under the Endan- doctor; treatment. During the summer session, gered Species Act. In addition, it would (5) the Program encourages educational children who are injured or become ill require the Secretary of the Interior growth in children by exposing the children during NYSP activities are covered by and the Secretary of Commerce to give to a collegiate atmosphere at an early age greater weight to scientific or commer- and establishing higher education as a nat- health insurance and treated by a cer- ural life goal for the children; tified medical professional. cial data that is empirical or has been (6) the Program is truly a national pro- The National Youth Sports Program field-tested or peer-reviewed. gram, expanding in 2001 to college and uni- is a vital and effective investment in As many of you may recall, I have versity campuses in 49 States, the District of our youth. This program has success- come to the floor of the Senate on Columbia, and the Commonwealth of Puerto fully leveraged Federal funding to se- many occasions over the last year to Rico; and cure substantial matching community plead the case of the farmers and (7) the Nation can best prepare the chil- investments. For every one dollar pro- ranchers in the Klamath Basin. Last dren of the United States to embrace their year, field-level biologists with the future by encouraging healthy bodies and vided by the Federal Government, two dollars are provided by participating U.S. Fish and Wildlife Service and the healthy minds. National Marine Fisheries Service de- SEC. 3. REAUTHORIZATION. colleges and universities, local public and private businesses, the National veloped two separate biological opin- Section 682(g) of the Community Services ions on the operation of the Klamath Block Grant Act (42 U.S.C. 9923(g)) is amend- Collegiate Athletic Association, the ed to read as follows: National Youth Sports Program Fund Project, as it related to suckers and ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— and other National Governing Bodies of coho salmon, respectively. There are authorized to be appropriated to amateur sport. Taken together, these two biological carry out this section $20,000,000 for fiscal Today I join my distinguished col- opinions sought to both raise the lake year 2003 and such sums as may be necessary league from Oklahoma, Senator level of Upper Klamath Lake and in- for each of fiscal years 2004 through 2008.’’. crease flows in the Klamath River, at INHOFE, in introducing legislation to Mr. CLELAND. Madam President, reauthorize the National Youth Sports the time the Basin was experiencing a the National Youth Sports Program, Program and to increase its funding severe drought. On April 6, the Bureau NYSP, is an educational partnership authorization to $20 million. This in- of Reclamation announced that the agency would deliver no water to most that has worked successfully for 33 crease in funding will allow 4,500 addi- of the agricultural lands that had re- years. It provides at-risk children, ages tional at-risk youth to participate in ceived irrigation water from the Fed- 10–16, a 5-week summer program offer- this effective program and 15 new pro- eral project for almost one hundred ing sports and academic enrichment at gram sites to serve communities where U.S. colleges and universities nation- years. disadvantaged youth are in need of I cannot begin to describe for you the wide. Begun in 1969 as a sports enrich- nurturing and support. In addition, a $3 ment program, the NYSP now reaches human toll that these biological opin- million increase in NYSP funding will ions exacted on the farmers and ranch- beyond athletics to offer academic in- increase the number of program sites struction, substance abuse prevention, ers in the Klamath Basin. Suicides and offering math and science instruction foreclosures have both occurred. Those and character education. Originally of- as well as expand the NYSP’s highly fered at two higher ed institutions, last who still have their farms lost most of successful senior program, which em- their farm income last year, many de- year the program served over 73,000 phasizes and encourages leadership participants at 196 host colleges and pleting their life savings to hold onto skills and character education. their land. Ranchers were forced to sell universities in 49 States, the District of The NYSP is a program which, year Columbia, and Puerto Rico. For many off livestock herds. Stable farm worker after year, has provided our Nation’s communities were decimated as fami- of these young people, it was their first youth with the opportunity to utilize opportunity to experience a college or lies moved to find work. the best resources our colleges and uni- The real tragedy is that none of this university campus from the inside. versities have to offer and to develop had to occur. In order to enhance the educational the skills necessary to succeed. At a Just this week, the National Re- commitment of the NYSP, selected time when President Bush has called search Council found that key deci- programs at 123 sites across the Nation for a renewed commitment to national sions regarding the operation of the now include special emphasis on math service, the NYSP, with almost 1500 federal Klamath Project had no clear and science skills. In addition, NYSP volunteers, is an outstanding example scientific or technical support. In fact, programs serving older participants, of what community service is all the Council went so far as to say that, those from ages 13–16, help them en- about. For three decades the National ‘‘the committee concludes that there is hance their computer skills and aca- Youth Sports Program has provided a no substantial scientific foundation at demic performance through reading positive and enriching experience and a this time for changing the operation of and writing activities that offer men- safe haven for some of this Nation’s the Klamath Project to maintain high- toring opportunities to younger NYSP most vulnerable youth. This highly ef- er water levels in Upper Klamath Lake participants. fective and successful program is de- for the endangered sucker populations For over three decades the National serving of Congress’s support. or higher minimum flows in the Klam- Youth Sports Program has been a ath River mainstem for the threatened model of what a successful collabora- By Mr. SMITH of Oregon: coho population.’’ tion should be. The U.S. Department of S. 1912. A bill to amend the Endan- In other words, the two key decisions Health and Human Services, the U.S. gered Species Act of 1973 to require the that deprived farmers of their water Department of Housing and urban De- Secretary of the Interior and the Sec- were not justified by the science. velopment, HUD, the U.S. Department retary of Commerce to give greater This situation should never be re- of Agriculture, USDA, which provides a weights to scientific or commercia peated. Decisions of this magnitude hot, USDA-approved meal to NYSP data that is empirical or has been field- under the Endangered Species Act students each day, and the National tested or peer-reviewed, and for other must be peer reviewed, and some stand- Collegiate Athletic Association, NCAA, purposes; to the Committee on Envi- ard for the science used in these deci- have worked together to provide a ronment and Public Works. sions must be established. wholesome summer experience to over Mr. SMITH of Oregon. Madam Presi- I was in Klamath Falls the day after 1.7 million participants who have dent, today I am introducing legisla- the decision was made to cut off water

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S351 to the farmers. I will never forget the they were required by law to err on the side Whereas 95 percent of new births occur in anguish on the faces of the people I of imperiled species. While that’s true, what developing countries, including the world’s met with that day. Many were World happened in the Klamath last summer is be- poorest countries; and War II veterans who received home- ginning to look like an awful and avoidable Whereas only one-half of one percent of the error. Federal budget is dedicated to international steads in this Basin after the war. The decision to keep extra water in Klam- economic and humanitarian assistance: Now, Our constituents deserve better from ath Lake and Klamath River cost the re- therefore, be it their government. They will get it if gional economy $134 million, according to a Resolved, That it is the sense of the Senate this bill is enacted. I urge my col- report from Oregon State university and that— leagues to join me in cosponsoring this University of California at Berkeley. It (1) United States foreign assistance pro- bill. I’ve submitted for the RECORD an wiped out thousands of jobs, shoved farms grams should play an increased role in the editorial from today’s Oregonian news- into bankruptcy and foreclosure, and caused global fight against terrorism to com- paper that describes this situation, and tremendous stress and uncertainty in fami- plement the national security objectives of lies throughout the Klamath country. the United States; expresses support for the House com- For these farmers and their families, it (2) the United States should lead coordi- panion bill. I ask unanimous consent must be small consolation to be told now nated international efforts to provide in- that the article be printed in the that they were right all along. creased financial assistance to countries RECORD. with impoverished and disadvantaged popu- f There being no objection, the mate- lations that are the breeding grounds for ter- rial was ordered to be printed in the SUBMITTED RESOLUTIONS rorism; RECORD, as follows: (3) consistent with United States foreign policy, economic incentives should be used VICTORY FOR KLAMATH FARMERS SENATE RESOLUTION 204—EX- to end state support or tolerance of ter- Scientists find no basis for decision to withhold rorism; and water from farms for threatened fish during PRESSING THE SENSE OF THE (4) the United States Agency for Inter- historic drought SENATE REGARDING THE IMPOR- national Development and the Department Klamath Basin farmers insisted through- TANCE OF UNITED STATES FOR- of Agriculture should substantially increase out last year’s bitter drought and intense en- EIGN ASSISTANCE PROGRAMS AS humanitarian, economic development, and vironmental battle that the government had A DIPLOMATIC TOOL FOR FIGHT- agricultural assistance to foster inter- no good reason to hold back their irrigation ING GLOBAL TERRORISM AND national peace and stability, and the pro- water for federally protected fish. motion of human rights. Now it seems they were right. A panel of PROMOTING UNITED STATES SE- top scientists convened by the National CURITY INTERESTS f Academy of Sciences has concluded in an in- Mr. DEWINE (for himself, Mr. AMENDMENTS SUBMITTED AND terim report that there was ‘‘no sound sci- CHAFEE, Mr. DODD, Mr. KERRY, Mr. PROPOSED entific basis’’ for withholding irrigation water from more than 1,000 farmers last sum- LOTT, Mr. DORGAN, Mr. HAGEL, Mr. SA 2779. Mr. KERRY submitted an amend- mer. DAYTON, Mr. SARBANES, and Mr. BINGA- ment intended to be proposed to amendment The report by the independent panel of 12 MAN) submitted the following resolu- SA 2698 submitted by Mr. DASCHLE and in- scientists changes dramatically the national tion; which was referred to the Com- tended to be proposed to the bill (H.R. 622) to debate over the Klamath Basin. Suddenly, mittee on Foreign Relations: amend the Internal Revenue Code of 1986 to the farmers are on the high ground, having expand the adoption credit, and for other S. RES. 204 endured a summer of emotional stress and fi- purposes; which was ordered to lie on the nancial loss due to the federal government’s Whereas the international community table. decision to keep extra water in Klamath faces a continuing epidemic of ethnic, sec- SA 2780. Mr. BROWNBACK submitted an Lake for endangered suckers and in the tarian, and criminal violence; amendment intended to be proposed by him Klamath River for threatened coho salmon. Whereas poverty, hunger, political uncer- to the bill H.R. 622, supra; which was ordered The scientists said there is no evidence tainty, and social instability are the prin- to lie on the table. that to protect the suckers it was necessary cipal causes of violence and conflict around SA 2781. Mr. DORGAN submitted an to hold back irrigation water and keep the the world; amendment intended to be proposed to level of Klamath Lake relatively high. Fur- Whereas broad-based, equitable economic amendment SA 2764 proposed by Mr. REID to ther, they said a second decision to send growth and agriculture development facili- the amendment SA 2698 submitted by Mr. warm lake water downriver, rather than to tates political stability, food security, de- REID and intended to be proposed to the bill irrigators, may have actually harmed coho mocracy, and rule of law; (H.R. 622) supra; which was ordered to lie on by increasing the river’s temperature. Whereas democratic governments are more the table. These findings aren’t a green light to open likely to advocate and observe international SA 2782. Mr. WYDEN submitted an amend- wide the irrigation headgates, in good water laws, protect civil and human rights, pursue ment intended to be proposed by him to the years and bad ones. However, President free market economies, and avoid external bill H.R. 622, supra; which was ordered to lie George W. Bush vowed in an appearance in conflicts; on the table. Portland last month that he would get more Whereas the United States Agency for SA 2783. Mr. TORRICELLI submitted an water to farmers—and now he’s got a strong- International Development has provided amendment intended to be proposed by him er hand to do so. critical democracy and governance assist- to the bill H.R. 622, supra; which was ordered The scientists suggested that in the short ance to a majority of the nations that suc- to lie on the table. term that lake and river levels be held to cessfully made the transition to democratic SA 2784. Mr. THOMAS (for himself and Mr. standards in place from 1990 to 1999. They governments during the past two decades; ENZI) submitted an amendment intended to also emphasized that the U.S. Bureau of Rec- Whereas 43 of the top 50 consumer nations be proposed by him to the bill H.R. 622, lamation, which recently proposed a farmer- of American agricultural products were once supra; which was ordered to lie on the table. first, fish-and-wildlife-second water plan for United States foreign aid recipients; SA 2785. Mr. HARKIN submitted an amend- the Klamath Basin, should not draw down Whereas in the past 50 years, infant child ment intended to be proposed to amendment the lake and river below levels of the last death rates in the developing world have SA 2698 submitted by Mr. DASCHLE and in- decade. been reduced by 50 percent, and health condi- tended to be proposed to the bill (H.R. 622) Now the burden of recovering fish shifts tions around the world have improved more supra; which was ordered to lie on the table. from the farmers to where it really belongs— during this period than in any other period; SA 2786. Mr. DORGAN (for himself and Mr. to a broad effort to improve fish habitat and Whereas the United States Agency for KERRY) submitted an amendment intended water quality throughout the Klamath International Development child survival to be proposed by him to the bill H.R. 622, Basin, restore wetlands that naturally filter programs have significantly contributed to a supra; which was ordered to lie on the table. the water and install screens to protect fish 10 percent reduction in infant mortality SA 2787. Mr. MCCONNELL submitted an from getting sucked into canals. rates worldwide in just the past eight years; amendment intended to be proposed by him The report also should help persuade Con- Whereas investments by the United States to the bill H.R. 622, supra; which was ordered gress to approve pending bills to fund Klam- and other donors in better seeds and agricul- to lie on the table. ath projects and provide more relief to farm- tural techniques over the past two decades SA 2788. Mr. HATCH (for himself and Mr. ers. Too, it may provide impetus for a bill have helped make it possible to feed an addi- BENNETT) submitted an amendment intended proposed by Rep. Greg Walden, R-Ore., to re- tional 1,000,000,000 people in the world; to be proposed to amendment SA 2698 sub- quire independent scientific review of all Whereas, despite this progress approxi- mitted by Mr. DASCHLE and intended to be government decisions to protect endangered mately 1,200,000,000 people, one-quarter of proposed to the bill (H.R. 622) supra; which species. the world’s population, live on less than $1 was ordered to lie on the table. The federal biologist who ordered the with- per day, and approximately 3,000,000,000 peo- SA 2789. Mr. HATCH (for himself and Mr. holding of Klamath water said last summer ple live on only $2 per day; BENNETT) submitted an amendment intended

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S352 CONGRESSIONAL RECORD — SENATE February 5, 2002 to be proposed to amendment SA 2698 sub- SA 2805. Mr. SESSIONS submitted an ternal Revenue Code of 1986 to expand mitted by Mr. DASCHLE and intended to be amendment intended to be proposed to the adoption credit, and for other pur- proposed to the bill (H.R. 622) supra; which amendment SA 2698 submitted by Mr. poses; which was ordered to lie on the was ordered to lie on the table. DASCHLE and intended to be proposed to the table; as follows: SA 2790. Mr. NICKLES (for Mr. MCCAIN (for bill (H.R. 622) supra; which was ordered to lie At the end, insert the following: himself, Mr. ALLARD, Mr. LIEBERMAN, Ms. on the table. SNOWE, Mr. LEVIN, Mr. MURKOWSKI, Mr. SA 2806. Ms. LANDRIEU submitted an TITLE VI—SMALL BUSINESS EMERGENCY CLELAND, Mr. INHOFE, Ms. LANDRIEU, Mr. amendment intended to be proposed by her RELIEF BURNS, Mr. DURBIN, Mr. SESSIONS, Mr. to the bill H.R. 622, supra; which was ordered SEC. 601. SHORT TITLE. DEWINE, Mr. THURMOND, Mr. SHELBY, Mr. to lie on the table. This title may be cited as the ‘‘American HAGEL, Mr. LUGAR, Mr. KENNEDY, Mr. WAR- SA 2807. Mr. SESSIONS (for Mr. KYL (for Small Business Emergency Relief and Recov- NER, Ms. COLLINS, Mr. HATCH, Mr. HELMS, himself, Mr. NICKLES, and Mr. SESSIONS)) ery Act of 2001’’. Mr. ALLEN, Mr. KERRY, Mr. FITZGERALD, Mr. proposed an amendment to amendment SA SEC. 602. FINDINGS AND PURPOSE. STEVENS, Mr. REID, Mr. MILLER, Mr. ROB- 2721 submitted by Mr. REID and intended to (a) FINDINGS.—Congress finds that— ERTS, Mr. BAYH, Mr. ENSIGN, Mr. BUNNING, be proposed to the amendment SA 2698 pro- (1) the Nation’s 25,000,000 small businesses Mr. CAMPBELL, Mr. NELSON, of Nebraska, Mr. posed by Mr. DASCHLE to the bill (H.R. 622) employ more than 58 percent of the private DODD, Mr. JEFFORDS, Mr. BROWNBACK, Mr. supra. workforce, and create 75 percent of all net BIDEN, Ms. STABENOW, Mr. COCHRAN, and Mr. SA 2808. Mr. DORGAN (for himself, Mr. new jobs; SARBANES)) submitted an amendment in- REID, Mr. INOUYE, and Mr. CONRAD) proposed (2) as a result of the terrorist attacks per- tended to be proposed to amendment SA 2698 an amendment to amendment SA 2764 sub- petrated against the United States on Sep- submitted by Mr. DASCHLE and intended to mitted by Mr. REID and intended to be pro- tember 11, 2001, many small businesses na- be proposed to the bill (H.R. 622) supra; posed to the amendment SA 2698 proposed by tionwide suffered— which was ordered to lie on the table. Mr. DASCHLE to the bill (H.R. 622) supra. (A) directly because— SA 2791. Mrs. HUTCHISON submitted an SA 2809. Mr. SESSIONS submitted an (i) they are, or were as of September 11, amendment intended to be proposed by her amendment intended to be proposed to 2001, located in or near the World Trade Cen- to the bill H.R. 622, supra; which was ordered amendment SA 2773 submitted by Mr. GRASS- ter or the Pentagon, or in a disaster area de- to lie on the table. LEY and intended to be proposed to the bill clared by the President or the Administrator SA 2792. Mr. LUGAR (for himself and Mr. (H.R. 622) supra; which was ordered to lie on of the Small Business Administration; LEAHY) submitted an amendment intended to the table. (ii) they were closed or their business was be proposed by him to the bill H.R. 622, SA 2810. Mr. SESSIONS submitted an suspended for National security purposes at supra; which was ordered to lie on the table. amendment intended to be proposed to the mandate of the Federal Government; or SA 2793. Mr. GRAMM (for himself and Mrs. amendment SA 2773 submitted by Mr. GRASS- (iii) they are, or were as of September 11, HUTCHISON) submitted an amendment in- LEY and intended to be proposed to the bill 2001, located in an airport that has been tended to be proposed to amendment SA 2698 (H.R. 622) supra; which was ordered to lie on closed; and submitted by Mr. DASCHLE and intended to the table. (B) indirectly because— be proposed to the bill (H.R. 622) supra; SA 2811. Mr. NICKLES (for Mr. MCCAIN (for (i) they supplied or provided services to which was ordered to lie on the table. himself, Mr. ALLARD, Mr. LIEBERMAN, Ms. businesses that were located in or near the SA 2794. Mr. DURBIN submitted an amend- SNOWE, Mr. LEVIN, Mr. MURKOWSKI, Mr. World Trade Center or the Pentagon; ment intended to be proposed to amendment CLELAND, Mr. INHOFE, Ms. LANDRIEU, Mr. (ii) they are, or were as of September 11, SA 2698 submitted by Mr. DASCHLE and in- BURNS, Mr. DURBIN, Mr. SESSIONS, Mr. 2001, a supplier, service provider, or com- tended to be proposed to the bill (H.R. 622) DEWINE, Mr. THURMOND, Mr. SHELBY, Mr. plementary industry to any business or in- supra; which was ordered to lie on the table. HAGEL, Mr. LUGAR, Mr. KENNEDY, Mr. WAR- dustry adversely affected by the terrorist at- SA 2795. Mr. BOND submitted an amend- NER, Ms. COLLINS, Mr. HATCH, Mr. HELMS, tacks perpetrated against the United States ment intended to be proposed by him to the Mr. ALLEN, Mr. KERRY, Mr. FITZGERALD, Mr. on September 11, 2001, in particular, the fi- bill H.R. 622, supra; which was ordered to lie STEVENS, Mr. REID, Mr. MILLER, Mr. ROB- nancial, hospitality, and travel industries; or on the table. ERTS, Mr. BAYH, Mr. ENSIGN, Mr. BUNNING, (iii) they are, or were as of September 11, SA 2796. Mr. BUNNING submitted an Mr. CAMPBELL, Mr. NELSON of Nebraska, Mr. 2001, integral to or dependent upon a busi- amendment intended to be proposed to DODD, Mr. JEFFORDS, Mr. BROWNBACK, Mr. ness or business sector closed or suspended amendment SA 2698 submitted by Mr. BIDEN, Ms. STABENOW, Mr. COCHRAN, and Mr. for national security purposes by mandate of DASCHLE and intended to be proposed to the SARBANES)) submitted an amendment in- the Federal Government; and bill (H.R. 622) supra; which was ordered to lie tended to be proposed to amendment SA 2700 (3) small business owners adversely af- on the table. submitted by Mr. MCCAIN and intended to be fected by the terrorist attacks are finding it SA 2797. Mr. BOND submitted an amend- proposed to the bill (H.R. 622) supra; which difficult or impossible— ment intended to be proposed to amendment was ordered to lie on the table. (A) to make loan payments on existing SA 2698 submitted by Mr. DASCHLE and in- SA 2812. Mr. NICKLES (for Mr. MCCAIN (for debts; tended to be proposed to the bill (H.R. 622) himself, Mr. ALLARD, Mr. LIEBERMAN, Ms. (B) to pay their employees; supra; which was ordered to lie on the table. SNOWE, Mr. LEVIN, Mr. MURKOWSKI, Mr. (C) to pay their vendors; SA 2798. Mr. GRAHAM submitted an CLELAND, Mr. INHOFE, Ms. LANDRIEU, Mr. (D) to purchase materials, supplies, or in- amendment intended to be proposed by him BURNS, Mr. DURBIN, Mr. SESSIONS, Mr. ventory; to the bill H.R. 622, supra; which was ordered DEWINE, Mr. THURMOND, Mr. SHELBY, Mr. (E) to pay their rent, mortgage, or other to lie on the table. HAGEL, Mr. LUGAR, Mr. KENNEDY, Mr. WAR- operating expenses; or SA 2799. Mr. GRAHAM submitted an NER, Ms. COLLINS, Mr. HATCH, Mr. HELMS, (F) to secure financing for their businesses. amendment intended to be proposed by him Mr. ALLEN, Mr. KERRY, Mr. FITZGERALD, Mr. (b) PURPOSE.—The purpose of this title is to the bill H.R. 622, supra; which was ordered STEVENS, Mr. REID, Mr. MILLER, Mr. ROB- to strengthen the loan, investment, procure- to lie on the table. ERTS, Mr. BAYH, Mr. ENSIGN, Mr. BUNNING, ment assistance, and management education SA 2800. Mr. FRIST submitted an amend- Mr. CAMPBELL, Mr. NELSON, of Nebraska, Mr. programs of the Small Business Administra- ment intended to be proposed by him to the DODD, Mr. JEFFORDS, Mr. BROWNBACK, Mr. tion, in order to help small businesses meet bill H.R. 622, supra; which was ordered to lie BIDEN, Ms. STABENOW, Mr. COCHRAN, and Mr. their existing obligations, finance their busi- on the table. nesses, and maintain and create jobs, there- SA 2801. Mr. SCHUMER (for himself and SARBANES)) submitted an amendment in- tended to be proposed to amendment SA 2790 by providing stability to the national econ- Mrs. CLINTON) submitted an amendment in- omy. tended to be proposed by him to the bill H.R. submitted by Mr. NICKLES and intended to be proposed to the amendment SA 2698 proposed SEC. 603. DEFINITIONS RELATING TO TERRORIST 622, supra; which was ordered to lie on the ATTACKS. by Mr. DASCHLE to the bill (H.R. 622) supra; table. Section 3 of the Small Business Act (15 which was ordered to lie on the table. SA 2802. Mr. CRAIG submitted an amend- U.S.C. 632) is amended by adding at the end SA 2813. Mr. BOND submitted an amend- ment intended to be proposed by him to the the following: ment intended to be proposed by him to the bill H.R. 622, supra; which was ordered to lie ‘‘(r) DEFINITIONS RELATING TO TERRORISM on the table. bill H.R. 622, supra; which was ordered to lie RELIEF.—In this Act, the following defini- SA 2803. Mr. THURMOND submitted an on the table. tions shall apply with respect to the provi- amendment intended to be proposed by him f sion of assistance under this Act in response to the bill H.R. 622, supra; which was ordered to the terrorist attacks perpetrated against to lie on the table. TEXT OF AMENDMENTS the United States on September 11, 2001, pur- SA 2804. Mr. SESSIONS submitted an Mr. KERRY submitted an suant to the American Small Business Emer- amendment intended to be proposed to SA 2779. gency Relief and Recovery Act of 2001: amendment SA 2698 submitted by Mr. amendment intended to be proposed to ‘‘(1) DIRECTLY AFFECTED.—A small business DASCHLE and intended to be proposed to the amendment SA 2698 submitted by Mr. concern is directly affected by the terrorist bill (H.R. 622) supra; which was ordered to lie DASCHLE and intended to be proposed attacks perpetrated against the United on the table. to the bill (H.R. 622) to amend the In- States on September 11, 2001, if it—

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S353 ‘‘(A) is, or was as of September 11, 2001, lo- (i), the payment of periodic installments of ‘‘(ix) a travel agency having not more than cated in or near the World Trade Center or principal and interest shall be required with $2,500,000 in annual receipts. the Pentagon, or in a disaster area declared respect to such loan, in the same manner and ‘‘(5) AUTHORITY TO INCREASE OR WAIVE SIZE by the President or the Administrator re- subject to the same terms and conditions as STANDARDS AND SIZE REGULATIONS.— lated to those terrorist attacks; would otherwise be applicable to any other ‘‘(A) IN GENERAL.—At the discretion of the ‘‘(B) was closed or its business was sus- loan made under this subsection. Administrator, the Administrator may in- pended for national security purposes at the ‘‘(C) REFINANCING DISASTER LOANS.— crease or waive otherwise applicable size mandate of the Federal Government; or ‘‘(i) IN GENERAL.—Any loan made under standards or size regulations with respect to ‘‘(C) is, or was as of September 11, 2001, lo- this subsection that was outstanding as to businesses applying for assistance under this cated in an airport that has been closed. principal or interest on September 11, 2001, Act in response to the terrorist attacks on ‘‘(2) INDIRECTLY AFFECTED.—A small busi- may be refinanced by a small business con- September 11, 2001. ness concern is indirectly affected by the ter- cern that is also eligible to receive a loan ‘‘(B) EXEMPTION FROM ADMINISTRATIVE PRO- rorist attacks perpetrated against the under this paragraph, and the refinanced CEDURES.—The provisions of subchapter II of United States on September 11, 2001, if it— amount shall be considered to be part of the chapter 5, of title 5, United States Code, ‘‘(A) supplied or provided services to any new loan for purposes of this clause. shall not apply to any increase or waiver by business that was located in or near the the Administrator under subparagraph (A). ‘‘(ii) NO EFFECT ON ELIGIBILITY.—A refi- World Trade Center or the Pentagon, or in a nancing under clause (i) by a small business ‘‘(6) INCREASED LOAN CAPS.— disaster area declared by the President or concern shall be in addition to any other ‘‘(A) AGGREGATE LOAN AMOUNTS.—Except as the Administrator related to those terrorist provided in subparagraph (B), and in addition loan eligibility for that small business con- attacks; to amounts otherwise authorized by this Act, cern under this Act. ‘‘(B) is, or was as of September 11, 2001, a the loan amount outstanding and committed ‘‘(D) REFINANCING BUSINESS DEBT.— supplier, service provider, or complementary to a borrower may not exceed— ‘‘(i) IN GENERAL.—Any business debt of a industry to any business or industry ad- ‘‘(i) with respect to a small business con- small business concern that was outstanding versely affected by the terrorist acts per- cern located in the areas of New York, Vir- as to principal or interest on September 11, petrated against the United States on Sep- ginia, or the contiguous areas designated by 2001, may be refinanced by the small business tember 11, 2001, in particular, the financial, the President or the Administrator as a dis- hospitality, and travel industries; or concern if it is also eligible to receive a loan aster area following the terrorist attacks on ‘‘(C) it is, or was as of September 11, 2001, under this paragraph. With respect to a refi- September 11, 2001— integral to or dependent upon a business or nancing under this clause, payments of prin- ‘‘(I) $6,000,000 in total obligations under business sector closed or suspended for na- cipal shall be deferred, and interest may ac- paragraph (1); and tional security purposes by mandate of the crue notwithstanding subparagraph (B), dur- ‘‘(II) $6,000,000 in total obligations under Federal Government. ing the 1-year period following the date of re- paragraph (4); and ‘‘(3) ADVERSELY AFFECTED.—The term ‘ad- financing. ‘‘(ii) with respect to a small business con- versely affected’ means having suffered eco- ‘‘(ii) RESUMPTION OF PAYMENTS.—At the cern that is not located in an area described nomic harm to or disruption of the business end of the 1-year period described in clause in clause (i) and that is eligible for assist- operations of a small business concern as a (i), the payment of periodic installments of ance under paragraph (4), $5,000,000 in total direct or indirect result of the terrorist at- principal and interest shall be required with obligations under paragraph (4). tacks perpetrated against the United States respect to such loan, in the same manner and ‘‘(B) WAIVER AUTHORITY.—The Adminis- on September 11, 2001. subject to the same terms and conditions as trator may, at the discretion of the Adminis- ‘‘(4) SUBSTANTIAL ECONOMIC INJURY.—As would otherwise be applicable to any other trator, waive the aggregate loan amounts es- used in section 7(b)(4), the term ‘substantial loan made under this subsection. tablished under subparagraph (A). economic injury’ means an economic harm ‘‘(E) TERMS.—A loan under this paragraph ‘‘(7) EXTENDED APPLICATION PERIOD.—Not- to a small business concern that results in shall be made at the same interest rate as withstanding any other provision of law, the the inability of the small business concern— economic injury loans under paragraph (2). Administrator shall accept applications for ‘‘(A) to meet its obligations on an ongoing Any reasonable doubt concerning the repay- assistance under paragraphs (1) and (4) until basis; ment ability of an applicant under this para- September 10, 2002, with respect to appli- ‘‘(B) to pay its ordinary and necessary op- graph shall be resolved in favor of the appli- cants for such assistance as a result of the erating expenses; or cant. terrorist attacks on September 11, 2001. ‘‘(C) to market, produce, or provide a prod- ‘‘(F) NO DISASTER DECLARATION REQUIRED.— ‘‘(8) LIMITATION ON SALES OF LOANS.—No uct or service ordinarily marketed, pro- For purposes of assistance under this para- loan under paragraph (1) or (4), made as a re- duced, or provided by the small business con- graph, no declaration of a disaster area is re- sult of the terrorist attacks on September 11, cern.’’. quired for those small business concerns di- 2001, shall be sold until 4 years after the date SEC. 604. DISASTER LOANS AFTER TERRORIST rectly affected by the terrorist attacks on of the final loan disbursement.’’. ATTACKS. September 11, 2001. (b) CLERICAL AMENDMENTS.—Section 7(b) of (a) IN GENERAL.—Section 7(b) of the Small ‘‘(G) SIZE STANDARD ADJUSTMENTS.—Not- the Small Business Act (15 U.S.C. 636(b)) is Business Act (15 U.S.C. 636(b)) is amended by withstanding any other provision of law, for amended in the undesignated matter at the inserting immediately before the undesig- purposes of providing assistance under this end— nated material following paragraph (3) the paragraph to businesses located in areas of (1) by striking ‘‘, (2), and (4)’’ and inserting following: New York, Virginia, and the contiguous ‘‘and (2)’’; and ‘‘(4) DISASTER LOANS AFTER TERRORIST AT- areas designated by the President or the Ad- (2) by striking ‘‘, (2), or (4)’’ and inserting TACKS OF SEPTEMBER 11, 2001.— ministrator as a disaster area following the ‘‘(2)’’. ‘‘(A) LOAN AUTHORITY.—In addition to any terrorist attacks on September 11, 2001, a SEC. 605. EMERGENCY RELIEF LOAN PROGRAM. other loan authorized by this section, the business shall be considered to be a ‘small (a) LOAN PROGRAM.—Section 7(a) of the Administration may make such loans (either business concern’ if it meets otherwise appli- Small Business Act (15 U.S.C. 636(a)) is directly or in cooperation with banks or cable size regulations promulgated by the amended by adding at the end the following: other lending institutions through agree- Administration, and, with respect to the ap- ‘‘(31) TEMPORARY LOAN AUTHORITY FOL- ments to participate on an immediate or de- plicable size standard, it is— LOWING TERRORIST ATTACKS.— ferred basis) to a small business concern that ‘‘(i) a restaurant having not more than ‘‘(A) IN GENERAL.—During the 1-year period has been directly affected and suffered, or $8,000,000 in annual receipts; beginning on the date of enactment of this that is likely to suffer, substantial economic ‘‘(ii) a law firm having not more than paragraph, the Administration may make injury as the result of the terrorist attacks $8,000,000 in annual receipts; loans under this subsection to a small busi- on September 11, 2001, including due to the ‘‘(iii) a certified public accounting business ness concern that has been, or that is likely closure or suspension of its business for Na- having not more than $8,000,000 in annual re- to be directly or indirectly adversely af- tional security purposes at the mandate of ceipts; fected. the Federal Government. ‘‘(iv) a performing arts business having not ‘‘(B) LOAN TERMS.—With respect to a loan ‘‘(B) DEFERMENT OF LOAN PAYMENTS.— more than $8,000,000 in annual receipts; under this paragraph— ‘‘(i) IN GENERAL.—Notwithstanding any ‘‘(v) a warehousing or storage business ‘‘(i) for purposes of paragraph (2)(A), par- other provision of law, payments of principal having not more than $25,000,000 in annual ticipation by the Administration shall be and interest on a loan made under this para- receipts; equal to 85 percent of the balance of the fi- graph (other than a refinancing under sub- ‘‘(vi) a contracting business having a size nancing outstanding at the time of disburse- paragraph (D)) or paragraph (1) as a result of standard under the North American Industry ment of the loan; the terrorist attacks on September 11, 2001, Classification System, Subsector 235, and ‘‘(ii) the Administrator shall collect an an- shall be deferred, and no interest shall ac- having not more than $15,000,000 in annual nual fee in an amount equal to 0.25 percent crue with respect to such loan, during the 2- receipts; of the outstanding balance of the deferred year period following the date of issuance of ‘‘(vii) a food manufacturing business hav- participation share of the loan, notwith- such loan. ing not more than 1,000 employees; standing paragraph (23)(A); ‘‘(ii) RESUMPTION OF PAYMENTS.—At the ‘‘(viii) an apparel manufacturing business ‘‘(iii) no fee may be collected or charged end of the 2-year period described in clause having not more than 1,000 employees; or under paragraph (18);

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S354 CONGRESSIONAL RECORD — SENATE February 5, 2002 ‘‘(iv) the applicable rate of interest shall (A) in subsection (b)(7)(A)— business concerns adversely affected, di- not exceed a rate that is 2 percentage points (i) by redesignating clauses (i) and (ii) as rectly or indirectly, by the terrorist attacks above the prime lending rate; subclauses (I) and (II), respectively, and on September 11, 2001.’’. ‘‘(v) no such loan shall be made if the total moving the margins 2 ems to the right; (2) WAIVER OF MATCHING REQUIREMENTS.— amount outstanding and committed (by par- (ii) by striking ‘‘not exceed the lesser’’ and Section 21(a)(4) of the Small Business Act (15 ticipation or otherwise) to the borrower inserting ‘‘not exceed— U.S.C. 648(a)(4)) is amended by inserting be- under this paragraph— ‘‘(i) the lesser’’; and fore the period the following: ‘‘, except that ‘‘(I) would exceed $1,000,000; or (iii) by adding at the end the following: the matching requirements of this paragraph ‘‘(II) at the discretion of the Adminis- ‘‘(ii) 50 percent of the amount established do not apply with respect to any assistance trator, and upon notice to the Congress, under clause (i) in the case of a loan made provided under subsection (c)(3)(U)’’. would exceed $2,000,000, as necessary to pro- during the 1-year period following the date of (b) ADDITIONAL SCORE AUTHORITY.—Sec- vide relief in high-cost areas or to high-cost enactment of the American Small Business tion 8(b)(1)(B) of the Small Business Act (15 industries that have been adversely affected; Emergency Relief and Recovery Act of 2001, U.S.C. 637(b)(1)(B) is amended— or for the life of the loan; and’’; and (1) by inserting ‘‘(i)’’ after ‘‘(B)’’; and ‘‘(vi) no such loan shall be made if the (B) by adding at the end the following: (2) by adding at the end the following: gross amount of the loan would exceed ‘‘(i) ONE-YEAR WAIVER OF FEES FOLLOWING ‘‘(ii) The functions of the Service Corps of $3,000,000; TERRORIST ATTACKS.—The Administration Retired Executives (SCORE) shall include ‘‘(vii) upon request of the borrower, repay- may not assess or collect any up front guar- the provision of individualized assistance ment of principal due on a loan made under antee fee with respect to loans made under with respect to financing, refinancing of ex- this paragraph may be deferred during the 1- this title during the 1-year period following isting debt, and business counseling to small year period beginning on the date of issuance the date of enactment of the American business concerns adversely affected by the of the loan; and Small Business Emergency Relief and Recov- terrorist attacks on September 11, 2001.’’. ‘‘(viii) any reasonable doubt concerning ery Act of 2001.’’. (c) ADDITIONAL MICROLOAN PROGRAM AU- the repayment ability of an applicant for a (2) USE OF FUNDS FOR SECTION 504 PRO- THORITY.—Section 7(m) of the Small Business loan under this paragraph shall be resolved GRAM.—The provisions of subsections Act (15 U.S.C. 636(m)) is amended by adding in favor of the applicant. (b)(7)(A), (d)(2), and (i) of section 503 of the at the end the following: ‘‘(C) APPLICABILITY.—The loan terms de- Small Business Investment Act of 1958, as ‘‘(14) ASSISTANCE AFTER TERRORIST ATTACKS scribed in subparagraph (B) shall apply to a amended by this subsection, shall be effec- OF SEPTEMBER 11, 2001.—Amounts made avail- loan under this paragraph notwithstanding tive only to the extent that funds are made able under this subsection may be used by any other provision of this subsection, and available under appropriations Acts, which intermediaries to provide individualized as- except as specifically provided in this para- funds shall be utilized to offset the cost (as sistance with respect to financing, refi- graph, a loan under this paragraph shall oth- such term is defined in section 502 of the nancing of existing debt, and business coun- erwise be subject to the same terms and con- Federal Credit Reform Act of 1990) to the Ad- seling to small business concerns adversely ditions as any other loan under this sub- ministration of making guarantees under affected by the terrorist attacks on Sep- section. those amended provisions. tember 11, 2001.’’. ‘‘(D) TRAVEL AGENCIES.—For purposes of (d) BUDGETARY TREATMENT OF LOANS AND (d) ADDITIONAL WOMEN’S BUSINESS DEVEL- loans made under this paragraph, the size FINANCINGS.—Assistance made available OPMENT CENTER AUTHORITY.—Section 29 of standard for a travel agency shall be under any loan made or approved by the the Small Business Act (15 U.S.C. 656) is $2,500,000 in annual receipts.’’. Small Business Administration under sec- amended— (b) CONFORMING AMENDMENT.—Section tion 7(a) or 7(b)(4) of the Small Business Act (1) in subsection (b)— 7(a)(23)(A) of the Small Business Act (15 (15 U.S.C. 636(a)) or financings made under (A) in paragraph (2), by striking ‘‘and’’ at U.S.C. 636(a)(23)(A)) is amended by inserting title III or V of the Small Business Invest- the end; ‘‘other than a loan under paragraph (31) or a ment Act of 1958 (15 U.S.C. 697a), during the (B) in paragraph (3), by striking the period loan described in paragraph (2)(E),’’ after 1-year period beginning on the date of enact- at the end and inserting ‘‘; and’’; and ‘‘this subsection,’’. ment of this Act, shall be treated as separate (C) by adding at the end the following: SEC. 606. BUSINESS LOAN ASSISTANCE FOL- programs of the Small Business Administra- ‘‘(4) individualized assistance with respect LOWING TERRORIST ATTACKS. tion for purposes of the Federal Credit Re- to financing, refinancing of existing debt, (a) ONE-YEAR WAIVER OF SECTION 7(a) form Act of 1990 only. and business counseling to small business FEES.—Section 7(a)(18) of the Small Business (e) USE OF FUNDS FOR 7(a) AND 7(a) EMER- concerns owned and controlled by women Act (15 U.S.C. 636(a)(18)) is amended by add- GENCY RELIEF LOAN PROGRAMS.—The provi- ing at the end the following: that were adversely affected by the terrorist sions of paragraphs (2), (18), and (31) of sec- attacks on September 11, 2001.’’; and ‘‘(C) ONE-YEAR WAIVER OF FEES FOLLOWING tion 7(a) of the Small Business Act, as (2) in subsection (c), by adding at the end TERRORIST ATTACKS.—For loans approved amended by this title, shall be effective only the following: during the 1-year period following the date of to the extent that funds are made available enactment of the American Small Business ‘‘(5) WAIVER OF MATCHING REQUIREMENTS.— under appropriations Acts, which funds shall A recipient organization shall not be subject Emergency Relief and Recovery Act of 2001, be utilized to offset the cost (as such term is a fee equal to not more than one half of the to the non-Federal funding requirements of defined in section 502 of the Federal Credit paragraph (1) with respect to assistance pro- amount otherwise required by this paragraph Reform Act of 1990) to the Administration of shall be collected or charged under this para- vided under subsection (b)(4).’’. making guarantees under those amended (e) ADDITIONAL SBIC AUTHORITY.—Section graph.’’. provisions. (b) ONE-YEAR INCREASE IN PARTICIPATION 303 of the Small Business Investment Act of LEVELS.—Section 7(a)(2) of the Small Busi- SEC. 607. APPROVAL PROCESS. 1958 (15 U.S.C. 683) is amended by adding at ness Act (15 U.S.C. 636(a)(2)) is amended— Notwithstanding any other provision of the end the following: (1) in subparagraph (A), by striking ‘‘sub- law, the Administrator of the Small Business ‘‘(k) AUTHORITY AFTER TERRORIST ATTACKS paragraph (B)’’ and inserting ‘‘subparagraphs Administration may adopt such approval OF SEPTEMBER 11, 2001.—Small business in- (B) and (E)’’; and processes as the Administrator determines, vestment companies are authorized and en- (2) by adding at the end the following: after consultation with the Committee on couraged to provide equity capital and to ‘‘(E) TEMPORARY PARTICIPATION LEVELS Small Business and Entrepreneurship of the make loans to small business concerns pur- FOLLOWING TERRORIST ATTACKS.—For loans Senate and the Committee on Small Busi- suant to sections 304(a) and 305(a) of the under this subsection, other than paragraph ness of the House of Representatives, to be Small Business Investment Act of 1958, re- (31), that are approved during the 1-year pe- appropriate in order to make assistance spectively, for the purpose of providing as- riod following the date of enactment of the under this title and the amendments made sistance to small business concerns ad- American Small Business Emergency Relief by this title available to all eligible small versely affected by the terrorist attacks on and Recovery Act of 2001— business concerns. September 11, 2001.’’. ‘‘(i) the guarantee percentage specified by SEC. 608. OTHER SPECIALIZED ASSISTANCE AND SEC. 609. STUDY AND REPORT ON EFFECTS ON clause (i) of subparagraph (A) shall be in- MONITORING AUTHORIZED. SMALL BUSINESS CONCERNS. creased to 85 percent (except with respect to (a) ADDITIONAL SBDC AUTHORITY.— (a) STUDY.— loans approved under the SBA Express Pilot (1) IN GENERAL.—Section 21(c)(3) of the (1) IN GENERAL.—The Office of Advocacy of Program); and Small Business Act (15 U.S.C. 648(c)(3)) is the Small Business Administration shall ‘‘(ii) the Administrator shall collect an an- amended— conduct annual studies for a 5-year period on nual fee in an amount equal to 0.25 percent (A) in subparagraph (S), by striking ‘‘and’’ the impact of the terrorist attacks per- of the outstanding balance of the deferred at the end; petrated against the United States on Sep- participation share of the loan, notwith- (B) in subparagraph (T), by striking the pe- tember 11, 2001, on small business concerns, standing paragraph (23)(A).’’. riod at the end and inserting ‘‘; and’’; and and the effects of assistance provided under (c) REDUCTION OF SECTION 504 FEES.— (C) by adding at the end the following: this title on such small business concerns. (1) IN GENERAL.—Section 503 of the Small ‘‘(U) providing individualized assistance (2) CONTENTS.—The study conducted under Business Investment Act of 1958 (15 U.S.C. with respect to financing, refinancing of ex- paragraph (1) shall include information re- 697) is amended— isting debt, and business counseling to small garding—

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S355 (A) bankruptcies and business failures that price adjustments under this section. Pay- ecutives program authorized by section occurred as a result of the events of Sep- ments of amounts for price adjustments 8(b)(1) for the activities described in section tember 11, 2001, as compared to those that shall be made out of the fund. 8(b)(1)(B)(ii); occurred in 1999 and 2000; (2) AVAILABILITY.—Notwithstanding any ‘‘(4) for fiscal year 2002, $5,000,000 for (B) the loss of jobs, revenue, and profits in other provision of law, amounts in the fund microloan technical assistance authorized small business concerns as a result of those under this subsection shall remain available under section 7(m)(14); events, as compared to those that occurred until expended. ‘‘(5) for fiscal year 2002, $2,000,000 to be used in 1999 and 2000; (e) TERMINATION OF AUTHORITY.— for activities of women’s business centers au- (C) the impact of assistance provided under (1) REQUESTS.—No request for adjustment thorized by section 29(b)(4); this title to small business concerns ad- under this section may be accepted more ‘‘(6) for fiscal year 2002 and each fiscal year versely affected by those attacks, including than 330 days after the date of enactment of thereafter, such sums as may be necessary to information regarding whether— this Act. carry out paragraphs (2)(E), (18)(C), and (31) (i) small business concerns that received (2) TERMINATION.—The authority under this of section 7(a), including any funds necessary such assistance would have remained in busi- section shall terminate 1 year after the date to offset fees and amounts waived or reduced ness without such assistance; of enactment of this Act. under those provisions, necessary loan cap- (ii) jobs were saved due to such assistance; (f) AUTHORIZATION OF APPROPRIATIONS.— ital, and funds for administrative expenses; and There is authorized to be appropriated to the and (iii) small business concerns that remained Small Business Administration to carry out ‘‘(7) for fiscal year 2002, and each fiscal in business had increases in employment and this section, $100,000,000, including funds for year thereafter, such sums as may be nec- sales since receiving assistance. administrative expenses and costs. Any essary to carry out the 1-year suspension of (b) REPORT.—The Office of Advocacy shall funds remaining in the fund established fees under subsections (b)(7)(A), (d)(2), and (i) submit a report to Congress on the studies under subsection (d) 1 year after the date of of section 503 of the Small Business Invest- required by subsection (a)(1), specifically ad- enactment of this Act shall be transferred to ment Act of 1958, in response to the terrorist dressing the requirements of subsection the disaster loan account of the United attacks on September 11, 2001, including any (a)(2) in September of each of fiscal years States Small Business Administration. funds necessary to offset fees and amounts 2002 through 2006. SEC. 611. REPORTS TO CONGRESS. waived under those provisions and including (c) AUTHORIZATION OF APPROPRIATIONS.— (a) REPORTS REQUIRED.—The Adminis- funds for administrative expenses.’’. There is authorized to be appropriated to trator of the Small Business Administration carry out this section, $500,000 for each of fis- shall submit regular reports to the Com- Mr. BROWNBACK submitted cal years 2002 through 2006. mittee on Small Business and Entrepreneur- SA 2780. SEC. 610. EMERGENCY EQUITABLE RELIEF FOR ship of the Senate and the Committee on an amendment intended to be proposed FEDERAL CONTRACTORS. Small Business of the House of Representa- by him to the bill H.R. 622, to amend (a) GUIDANCE REQUIRED.— tives regarding the implementation of this the Internal Revenue Code of 1986 to (1) IN GENERAL.—Under guidance issued by title and the amendments made by this title, expand the adoption credit, and for the Administrator for Federal Procurement including program delivery, staffing, and ad- other purposes; which was ordered to Policy in conjunction with the Adminis- ministrative expenses related to such imple- lie on the table; as follows: trator of the Small Business Administration, mentation. the head of a contracting agency of the (b) FREQUENCY OF REPORTS.—The reports Strike clause (iii) of section 168(k)(2)(B) of United States may increase the price of a required by subsection (a) shall be submitted the Internal Revenue Code of 1986, as added contract entered into by the agency that is 20 days after the date of enactment of this by section 201(a), and insert the following: performed by a small business concern (as Act and monthly thereafter until 1 year ‘‘(iii) TRANSPORTATION PROPERTY.—For pur- defined in section 3 of the Small Business after the date of enactment of this Act, at poses of this subparagraph, the term ‘trans- Act) to the extent determined equitable which time the reports shall be submitted on portation property’ means tangible property under this section on the basis of loss result- a quarterly basis through December 31, 2003. used in the transportation of persons or ing from security measures taken by the SEC. 612. EXPEDITED ISSUANCE OF IMPLE- property in the ordinary course of business. Federal Government at Federal facilities as MENTING GUIDELINES. a result of the terrorist attacks on Sep- Not later than 20 days after the date of en- SA 2781. Mr. DORGAN submitted an tember 11, 2001. actment of this Act, the Administrator of amendment intended to be proposed to (2) EXPEDITED ISSUANCE.—Guidance re- the Small Business Administration shall amendment SA 2764 proposed by Mr. issue interim final rules and guidelines to quired by paragraph (1) shall be issued under REID to the amendment SA 2698 sub- expedited procedures, not later than 20 days implement this title and the amendments mitted by Mr. REID and intended to be after the date of enactment of this Act. made by this title. (b) EXPEDITED PROCEDURES.— SEC. 613. SPECIAL AUTHORIZATIONS OF APPRO- proposed to the bill (H.R. 622) to amend (1) IN GENERAL.— The Administrator for PRIATIONS. the Internal Revenue Code of 1986 to Federal Procurement Policy shall prescribe Section 20 of the Small Business Act (15 expand the adoption credit, and for expedited procedures for considering whether U.S.C. 631 note) is amended by adding at the other purposes; which was ordered to to grant an equitable adjustment in the case end the following: lie on the table; as follows: of a contract of an agency under subsection ‘‘(j) SPECIAL AUTHORIZATIONS OF APPRO- At the end, add the following: (a). PRIATIONS FOLLOWING TERRORIST ATTACKS.— (2) REQUIREMENTS.—The procedures re- In addition to any other amounts authorized TITLE lll—TRAVEL INDUSTRY quired by paragraph (1) shall provide for— by this Act for any fiscal year, there are au- STABILIZATION thorized to be appropriated to the Adminis- (A) an initial review of the merits of a con- SECTION l01. SHORT TITLE. tration, to remain available until expended— tractor’s request by the contracting officer This title may be cited as the ‘‘American ‘‘(1) for fiscal year 2002 and each fiscal year concerned with the contract; Travel Industry Stabilization Act’’. (B) a final determination of the merits of thereafter, such sums as may be necessary to the contractor’s request, including the value carry out paragraph (4) of section 7(b), in- SEC. l02. TRAVEL INDUSTRY DISASTER RELIEF. of any price adjustment, by the Head of the cluding necessary loan capital and funds for (a) IN GENERAL.—Notwithstanding any Contracting Agency, in consultation with administrative expenses related to making other provision of law, the President shall the Administrator of the Small Business Ad- and servicing loans pursuant to that para- take the actions described in subsection (b) ministration, taking into consideration the graph; to compensate eligible travel-related busi- initial review under subparagraph (A); and ‘‘(2) for fiscal year 2002, $25,000,000, to be nesses. (C) payment from the fund established used for activities of small business develop- (b) ACTIONS DESCRIBED.— under subsection (d) for the contract’s price ment centers pursuant to section (1) IN GENERAL.—Subject to such terms and adjustment. 21(c)(3)(U)— conditions as the President deems necessary, (3) TIMING.—The procedures required by ‘‘(A) $2,500,000 of which shall be used to as- and upon application, the President is au- paragraph (1) shall require completion of ac- sist small business concerns (as that term is thorized to issue Federal credit instruments tion on a contractor’s request for adjustment defined for purposes of section 7(b)(4)) lo- to eligible travel-related businesses de- not later than 30 days after the date on cated in the areas of New York and the con- scribed in subsection (c) that do not, in the which the contractor submits the request to tiguous areas designated by the President as aggregate, exceed $2,000,000,000 and provide the contracting officer concerned. a disaster area following the terrorist at- the subsidy amounts necessary for such in- (c) AUTHORIZED REMEDIES.—In addition to tacks on September 11, 2001; and struments in accordance with the provisions making a price adjustment under subsection ‘‘(B) $1,500,000 of which shall be used to as- of the Federal Credit Reform Act of 1990 (2 (a), the time for performance of a contract sist small business concerns located in areas U.S.C. 661 et seq.). may be extended under this section. of Virginia and the contiguous areas des- (2) TIME FOR APPLICATION.—An application (d) PAYMENT OF ADJUSTED PRICE.— ignated by the President as a disaster area for a Federal credit instrument shall be filed (1) FUND ESTABLISHED.—The Administrator following those terrorist attacks; by an eligible travel-related business not of the Small Business Administration shall ‘‘(3) for fiscal year 2002, $2,000,000, to be later than 1 year after the promulgation of establish a fund for the payment of contract used under the Service Corps of Retired Ex- regulations.

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(3) TERMS OF CREDIT INSTRUMENTS.—A loan SEC. l03. ADDITIONAL FUNCTIONS FOR THE AIR- SEC. ll. TREATMENT OF PAYMENTS UNDER guaranteed under this title may be used ex- LINE STABILIZATION BOARD. EMERGENCY SUPPLEMENTAL ACT, clusively for the purpose of meeting obliga- (a) ADDITIONAL FUNCTIONS TO STABILIZE 2000. tions and expenses to the extent that an ap- THE TRAVEL INDUSTRY.—The Board shall re- (a) IN GENERAL.—Chapter 2 of title II of the plicant demonstrates— view and make recommendations to the Emergency Supplemental Act, 2000 (Public (A) business operations were directly and President with respect to applications for Law 106–246; 114 Stat. 547) is amended by add- adversely affected by the events of Sep- Federal credit instruments submitted under ing at the end the following new section: tember 11, 2001; section l02(b). ‘‘SEC. 2205. TREATMENT OF CERTAIN PAY- (B) the loan guarantee is necessary to meet (b) FEDERAL CREDIT INSTRUMENTS.— MENTS. (a) PAYMENTS EXCLUDED FROM GROSS such obligations; (1) IN GENERAL.—The Board may enter into INCOME.— (C) the inability of the applicant to meet agreements with 1 or more obligors to issue ‘‘(1) IN GENERAL.—For purposes of the In- such obligations or expenses is directly at- Federal credit instruments under section ternal Revenue Code of 1986, gross income tributable to the impact of September 11, l02(b) if the Board determines, in its discre- shall not include any amount of any pay- 2001; and tion, that— ment under this chapter with respect to west (D) the applicant has the ability to repay (A) the obligor is an entity in a travel-re- coast groundfish fishery not otherwise ex- the loan. lated business for which credit is not reason- cludable from gross income under such Code. ably available at the time of the transaction; ‘‘(2) DENIAL OF DOUBLE BENEFIT.—Para- (c) DEFINITIONS.—In this title: (B) the intended obligation by the obligor graph (1) shall not apply to any amount if (1) BOARD.—The term ‘‘Board’’ means the is prudently incurred; and under such Code— Air Transportation Stabilization Board es- (C) such agreement is a necessary part of ‘‘(A) a deduction or credit is allowed with tablished under the Air Transportation Safe- maintaining a safe, efficient, and viable respect to such amount, or ty and System Stabilization Act (49 U.S.C. travel industry in the United States. ‘‘(B) an increase in the adjusted basis of 40101 note; P.L. 107–42). (2) TERMS AND LIMITATIONS.— any property results from such amount. (2) ELIGIBLE TRAVEL-RELATED BUSINESS.— (A) FORMS, TERMS, AND CONDITIONS.—A Fed- ‘‘(b) PAYMENTS DISREGARDED IN THE ADMIN- The term ‘‘eligible travel-related business’’ eral credit instrument shall be issued under ISTRATION OF FEDERAL PROGRAMS AND FEDER- means a business that was injured by the section l02(b) in such form and such terms ALLY ASSISTED PROGRAMS.—Any payment de- Government shutdown of the airline indus- and conditions and contain such covenants, scribed in subsection (a)(1) shall not be taken try following the terrorist attacks on the representatives, warranties, and require- into account as income or receipts for pur- United States that occurred on September ments (including requirements for audits) as poses of determining the eligibility of such 11, 2001, and that on such date— the Board determines appropriate, provided individual or any other individual for bene- (A) had a contractual arrangement with an that— fits or assistance, or the amount or extent of air carrier to provide goods or services, in- (i) a loan shall be repaid over a period not benefits or assistance, under any Federal cluding those with a contractual relation- to exceed 5 years from the date that the loan program or under any State or local program ship with the Airline Reporting Corporation; is guaranteed under this title; financed in whole or in part with Federal or (ii) the Government guarantee shall cover funds.’’. (B) was a nonaeronautical for-profit busi- not less than 80 percent of the value of the (b) EFFECTIVE DATE.—The amendment ness operating at an airport engaged in the loan; made by this section shall take effect as if sale of consumer goods or services to the (iii) loan guarantees under this title shall included in the enactment of the Emergency public under an arrangement with the air- be extended based upon the ability of the eli- Supplemental Act, 2000. port or the airport’s governing body. gible travel-related business to repay the (3) FEDERAL CREDIT INSTRUMENT.—The term loan without regard to collateral; and SA 2783. Mr. TORRICELLI submitted ‘‘Federal credit instrument’’ means any (iv) any loan origination fee may not ex- an amendment intended to be proposed guarantee or other pledge by the Board ceed 1 percent of the loan value. by him to the bill H.R. 622, to amend issued under section l02(b) to pledge the full (B) PROCEDURES.—Not later than 14 days the Internal Revenue Code of 1986 to faith and credit of the United States to pay after the date of enactment of this title, the all or part of any of the principal of and in- expand the adoption credit, and for Director of the Office of Management and other purposes; which was ordered to terest on a loan or other debt obligation Budget, in consultation with the Board, shall issued by an obligor and funded by a lender. issue regulations setting forth procedures for lie on the table; as follows: (4) FINANCIAL OBLIGATION.—The term ‘‘fi- application and minimum requirements. At the end, add the following: nancial obligation’’ means any note, bond, (c) FINANCIAL PROTECTION OF GOVERN- TITLE VI—EXTENSIONS OF CERTAIN debenture, or other debt obligation issued by MENT.— EXPIRING PROVISIONS an obligor in connection with financing (1) IN GENERAL.—To the extent feasible and Subtitle A—Extensions under this section and section l02(b). practicable, as provided in paragraphs (2) and (5) LENDER.—The term ‘‘lender’’ means any (3), the Board shall ensure that the Govern- SEC. 601. ALLOWANCE OF NONREFUNDABLE PER- non-Federal qualified institutional buyer (as ment is compensated for the risk assumed in SONAL CREDITS AGAINST REGULAR AND MINIMUM TAX LIABILITY. defined by section 230.144A(a) of title 17, Code making guarantees under this title. (a) IN GENERAL.—Paragraph (2) of section of Federal Regulations (or any successor reg- (2) GOVERNMENT PARTICIPATION IN GAINS.— 26(a) is amended— ulatory) known as rule 144A(a) of the Securi- To the extent to which any participating (1) by striking ‘‘RULE FOR 2000 AND 2001.—’’ ties and Exchange Commission and issued corporation accepts financial assistance, in and inserting ‘‘RULE FOR 2000, 2001, AND 2002.— under the Securities Act of 1933), including— the form of accepting the proceeds of any ’’, and (A) a qualified retirement plan (as defined loans guaranteed by the Government under (2) by striking ‘‘during 2000 or 2001,’’ and in section 4974(c) of the Internal Revenue this title, the Board is authorized to enter inserting ‘‘during 2000, 2001, or 2002,’’. Code of 1986 (26 U.S.C. 4974(c))) that is a into contracts under which the Government, (b) CONFORMING AMENDMENTS.— qualified institutional buyer; and contingent on the financial success of the (1) Section 904(h) is amended by striking (B) a governmental plan (as defined in sec- participating corporation, would participate ‘‘during 2000 or 2001’’ and inserting ‘‘during tion 414(d) of the Internal Revenue Code of in the gains of the participating corporation 2000, 2001, or 2002’’. 1986 (26 U.S.C. 414(d))) that is a qualified in- or its security holders through the use of (2) The amendments made by sections stitutional buyer. such instruments as warrants, stock options, 201(b), 202(f), and 618(b) of the Economic (6) OBLIGOR.—The term ‘‘obligor’’ means a common or preferred stock, or other appro- Growth and Tax Relief Reconciliation Act of party primarily liable for payment of the priate equity instruments. 2001 shall not apply to taxable years begin- principal of, or interest on, a Federal credit (3) DEPOSIT IN TREASURY.—All amounts col- ning during 2002. instrument, which party may be a corpora- lected by the Secretary of the Treasury (c) EFFECTIVE DATE.—The amendments tion, partnership, joint venture, trust, or under this subsection shall be deposited in made by this section shall apply to taxable governmental entity, agency, or instrumen- the Treasury as miscellaneous receipts. years beginning after December 31, 2001. tality. (e) AUTHORIZATION OF FUNDS.—Congress au- thorizes and hereby appropriates such sums SEC. 602. CREDIT FOR QUALIFIED ELECTRIC VE- (d) EMERGENCY DESIGNATION.—Congress HICLES. designates the amount of new budget author- as are necessary to carry out the purposes of this title. (a) IN GENERAL.—Section 30 is amended— ity and outlays in all fiscal years resulting (1) in subsection (b)(2)— from this title as an emergency requirement (A) by striking ‘‘December 31, 2001,’’ and pursuant to section 252(e) of the Balanced SA 2782. Mr. WYDEN submitted an amendment intended to be proposed by inserting ‘‘December 31, 2002,’’, and Budget and Emergency Deficit Control Act (B) in subparagraphs (A), (B), and (C), by of 1985 (2 U.S.C. 901(e)). Such amount shall be him to the bill H.R. 622 to amend the striking ‘‘2002’’, ‘‘2003’’, and ‘‘2004’’, respec- available only to the extent that a request, Internal Revenue Code of 1986 to ex- tively, and inserting ‘‘2003’’, ‘‘2004’’, and that includes designation of such amount as pand the adoption credit, and for other ‘‘2005’’, respectively, and an emergency requirement as defined in such purposes; which was ordered to lie on (2) in subsection (e), by striking ‘‘Decem- Act, is transmitted by the President to Con- the table; as follows: ber 31, 2004’’ and inserting ‘‘December 31, gress. At the end, add the following: 2005’’.

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(b) CONFORMING AMENDMENTS.— brought into the United States after Decem- any catastrophe, deficiency, equalization, or (1) Subparagraph (C) of section 280F(a)(1) is ber 31, 2001. similar reserves), if, pursuant to a ruling re- amended by adding at the end the following SEC. 610. PARITY IN THE APPLICATION OF CER- quest submitted by the taxpayer or as pro- new clause TAIN LIMITS TO MENTAL HEALTH vided in published guidance, the Secretary ‘‘(iii) APPLICATION OF SUBPARAGRAPH.—This BENEFITS. determines that the factors taken into ac- subparagraph shall apply to property placed (a) IN GENERAL.—Subsection (f) of section count in determining the foreign statement in service after August 5, 1997, and before 9812, as amended by the Departments of reserve provide an appropriate means of January 1, 2006.’’ Labor, Health and Human Services, and Edu- measuring income.’’ (2) Subsection (b) of section 971 of the Tax- cation, and Related Agencies Appropriations (c) EFFECTIVE DATE.—The amendments payer Relief Act of 1997 is amended by strik- Act, 2002, is amended to read as follows: made by this section shall apply to taxable ing ‘‘and before January 1, 2005’’. ‘‘(f) APPLICATION OF SECTION.—This section years beginning after December 31, 2001. (c) EFFECTIVE DATE.—The amendments shall not apply to benefits for services fur- SEC. 614. REPEAL OF REQUIREMENT FOR AP- made by this section shall apply with respect nished— PROVED DIESEL OR KEROSENE TER- to property placed in service after December ‘‘(1) on or after September 30, 2001, and be- MINALS. 31, 2001. fore January 1, 2002, and (a) IN GENERAL.—Subsection (e) of section SEC. 603. CREDIT FOR ELECTRICITY PRODUCED ‘‘(2) after December 31, 2002.’’ 4101 is hereby repealed. FROM RENEWABLE RESOURCES. (b) EFFECTIVE DATE.—The amendment (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Subparagraphs (A), (B), made by subsection (a) shall apply to plan made by subsection (a) shall take effect on and (C) of section 45(c)(3) are each amended years beginning after December 31, 2000. January 1, 2002. by striking ‘‘2002’’ and inserting ‘‘2003’’. SEC. 611. TEMPORARY SPECIAL RULES FOR TAX- Subtitle B—Temporary Assistance for Needy (b) EFFECTIVE DATE.—The amendments ATION OF LIFE INSURANCE COMPA- Families made by this section shall apply with respect NIES. SEC. 621. REAUTHORIZATION OF TANF SUPPLE- to property placed in service after December (a) REDUCTION IN MUTUAL LIFE INSURANCE MENTAL GRANTS FOR POPULATION 31, 2001. COMPANY DEDUCTIONS NOT TO APPLY IN CER- INCREASES FOR FISCAL YEAR 2002. SEC. 604. WORK OPPORTUNITY CREDIT. TAIN YEARS.—Section 809 (relating to reduc- Section 403(a)(3) of the Social Security Act (a) IN GENERAL.—Subparagraph (B) of sec- tion in certain deductions of material life in- (42 U.S.C. 603(a)(3)) is amended by adding at tion 51(c)(4) is amended by striking ‘‘2001’’ surance companies) is amended by adding at the end the following: and inserting ‘‘2002’’. the end the following: ‘‘(H) REAUTHORIZATION OF GRANTS FOR FIS- (b) INCREASE IN AGE CEILING FOR QUALIFIED ‘‘(j) DIFFERENTIAL EARNINGS RATE TREATED CAL YEAR 2002.—Notwithstanding any other FOOD STAMP RECIPIENTS.—Section AS ZERO FOR CERTAIN YEARS.—Notwith- provision of this paragraph— 51(d)((8)(A)(i) (defining qualified food stamp standing subsection (c) or (f), the differential ‘‘(i) any State that was a qualifying State recipient) is amended by striking ‘‘age 25’’ earnings rate shall be treated as zero for pur- under this paragraph for fiscal year 2001 or and inserting ‘‘age 51’’. poses of computing both the differential any prior fiscal year shall be entitled to re- (c) EFFECTIVE DATE.—The amendment earnings amount and the recomputed dif- ceive from the Secretary for fiscal year 2002 made by subsection (a) shall apply to indi- ferential earnings amount for a mutual life a grant in an amount equal to the amount viduals who begin work for the employer insurance company’s taxable years beginning required to be paid to the State under this after December 31, 2001. in 2001 or 2002.’’ paragraph for the most recent fiscal year in SEC. 605. WELFARE-TO-WORK CREDIT. (b) EFFECTIVE DATE.—The amendment which the State was a qualifying State; (a) IN GENERAL.—Subsection (f) of section made by this section shall apply to taxable ‘‘(ii) subparagraph (G) shall be applied as if 51A is amended by striking ‘‘2001’’ and insert- years beginning after December 31, 2000. ‘2002’ were substituted for ‘2001’; and ing ‘‘2002’’. SEC. 612. AVAILABILITY OF MEDICAL SAVINGS ‘‘(iii) out of any money in the Treasury of (b) EFFECTIVE DATE.—The amendment ACCOUNTS. the United States not otherwise appro- made by subsection (a) shall apply to indi- (a) IN GENERAL.—Paragraphs (2) and (3)(B) priated, there are appropriated for fiscal viduals who begin work for the employer of section 220(i) (defining cut-off year) are year 2002 such sums as are necessary for after December 31, 2001. each amended by striking ‘‘2002’’ each place grants under this subparagraph.’’. SEC. 606. DEDUCTION FOR CLEAN-FUEL VEHI- it appears and inserting ‘‘2003’’. SEC. 622. 1-YEAR EXTENSION OF CONTINGENCY CLES AND CERTAIN REFUELING (b) CONFORMING AMENDMENTS.— FUND UNDER THE TANF PROGRAM. PROPERTY. (1) Paragraph (2) of section 220(j) is amend- Section 403(b) of the Social Security Act (a) IN GENERAL.—Section 179A is amend- ed by striking ‘‘1998, 1999, or 2001’’ each place (42 U.S.C. 603(b)) is amended— ed— it appears and inserting ‘‘1998, 1999, 2001, or (1) in paragraph (2), by striking ‘‘and 2001’’ (1) in subsection (b)(1)(B)— 2002’’. and inserting ‘‘2001, and 2002’’; and (A) by striking ‘‘December 31, 2001,’’ and (2) Subparagraph (A) of section 220(j)(4) is (2) in paragraph (3)(C)(ii), by striking inserting ‘‘December 31, 2002,’’, and amended by striking ‘‘and 2001’’ and insert- ‘‘2001’’ and inserting ‘‘2002’’. (B) in clauses (i), (ii), and (iii), by striking ing ‘‘2001, and 2002’’. ‘‘2002’’, ‘‘2003’’, and ‘‘2004’’, respectively, and (c) EFFECTIVE DATE.—The amendments SA 2784. Mr. THOMAS (for himself made by this section shall take effect on the inserting ‘‘2003’’, ‘‘2004’’, and ‘‘2005’’, respec- and Mr. ENZI) submitted an amend- date of the enactment of this Act. tively, and ment intended to be proposed by him (2) in subsection (f), by striking ‘‘December SEC. 613. SUBPART F EXEMPTION FOR ACTIVE FI- 31, 2004’’ and inserting ‘‘December 31, 2005’’. NANCING. to the bill H.R. 622, to amend the Inter- (b) EFFECTIVE DATE.—The amendments (a) IN GENERAL.— nal Revenue Code of 1986 to expand the made by subsection (a) shall apply with re- (1) Section 953(e)(10) is amended— adoption credit, and for other purposes; spect to property placed in service after De- (A) by striking ‘‘January 1, 2002’’ and in- which was ordered to lie on the table; cember 31, 2001. serting ‘‘January 1, 2003’’, and as follows: SEC. 607. TAXABLE INCOME LIMIT ON PERCENT- (B) by striking ‘‘December 31, 2001’’ and in- At the end, add the following: AGE DEPLETION FOR OIL AND NAT- serting ‘‘December 31, 2002’’. URAL GAS PRODUCED FROM MAR- (2) Section 954(h)(9) is amended by striking SEC. ll. INVOLUNTARY CONVERSION RELIEF GINAL PROPERTIES. FOR PRODUCERS FORCED TO SELL ‘‘January 1, 2002’’ and inserting ‘‘January 1, LIVESTOCK DUE TO WEATHER-RE- (a) IN GENERAL.—Subparagraph (H) of sec- 2003’’. LATED CONDITIONS OR FEDERAL tion 613A(c)(6) is amended by striking ‘‘2002’’ (b) LIFE INSURANCE AND ANNUITY CON- LAND MANAGEMENT AGENCY POL- and inserting ‘‘2003’’. TRACTS.— ICY OR ACTION. (b) EFFECTIVE DATE.—The amendment (1) IN GENERAL.—Subparagraph (B) of sec- (a) INCOME INCLUSION RULES.—Subsection made by subsection (a) shall apply to taxable tion 954(i)(4) is amended to read as follows: (e) of section 451 of the Internal Revenue years beginning after December 31, 2001. ‘‘(B) LIFE INSURANCE AND ANNUITY CON- Code of 1986 (relating to general rule for tax- SEC. 608. QUALIFIED ZONE ACADEMY BONDS. TRACTS.— able year of inclusion) is amended to read as (a) IN GENERAL.—Paragraph (1) of section ‘‘(i) IN GENERAL.—Except as provided in follows: 1397E(e) is amended by striking ‘‘2000, and clause (ii), the amount of the reserve of a ‘‘(e) SPECIAL RULE FOR PROCEEDS FROM 2001’’ and inserting ‘‘2000, 2001, and 2002’’. qualifying insurance company or qualifying LIVESTOCK SOLD ON ACCOUNT OF WEATHER- (b) EFFECTIVE DATE.—The amendment insurance company branch for any life insur- RELATED CONDITIONS OR FEDERAL LAND MAN- made by subsection (a) shall take effect on ance or annuity contract shall be equal to AGEMENT AGENCY POLICY OR ACTION.— the date of the enactment of this Act. the greater of— ‘‘(1) IN GENERAL.—In the case of income de- SEC. 609. COVER OVER OF TAX ON DISTILLED ‘‘(I) the net surrender value of such con- rived from the sale or exchange of livestock SPIRITS. tract (as defined in section 807(e)(1)(A)), or in excess of the number the taxpayer would (a) IN GENERAL.—Paragraph (1) of section ‘‘(II) the reserve determined under para- sell if he followed his usual business prac- 7652(f) is amended by striking ‘‘January 1, graph (5). tices, a taxpayer may elect to include such 2002’’ and inserting ‘‘January 1, 2003’’. ‘‘(ii) RULING REQUEST, ETC.—The amount of income for the taxable year following two (b) EFFECTIVE DATE.—The amendment the reserve under clause (i) shall be the for- full taxable years in which the weather-re- made by subsection (a) shall apply to articles eign statement reserve for the contract (less lated conditions or forced sales caused by

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S358 CONGRESSIONAL RECORD — SENATE February 5, 2002 Federal land management agency policy or the adoption credit, and for other pur- ‘‘(ii) ONLY PRE-JANUARY 1, 2004, BASIS ELIGI- action which resulted in such sale or ex- poses; which was ordered to lie on the BLE FOR ADDITIONAL ALLOWANCE.—In the case change do not exist if such taxpayer estab- table; as follows: of property which is qualified property solely lishes that, under his usual business prac- by reason of clause (i), paragraph (1) shall Strike section 101(e) of the amendment and tices, the sale or exchange would not have apply only to the extent of the adjusted basis all that follows through title III and insert occurred in the taxable year in which it oc- thereof attributable to manufacture, con- the following: curred if it were not for— struction, or production before January 1, (e) EFFECTIVE DATES.— ‘‘(A) the weather-related conditions that 2004. (1) IN GENERAL.—Except as provided in resulted in the area being designated as eli- paragraph (2), the amendments made by this ‘‘(iii) TRANSPORTATION PROPERTY.—For pur- gible for assistance by the Federal Govern- section shall take effect on the date of the poses of this subparagraph, the term ‘trans- ment, or enactment of this Act. portation property’ means tangible personal ‘‘(B) forced sales resulting from Federal property used in the trade or business of (2) TECHNICALS.—The amendments made by land management agency policy or action. subsection (b) shall take effect as if included transporting persons or property. ‘‘(2) LIMITATION.—Paragraph (1) shall apply in the amendment made by section 101(b)(1) ‘‘(C) EXCEPTIONS.— only to a taxpayer whose principal trade or of the Economic Growth and Tax Relief Rec- ‘‘(i) ALTERNATIVE DEPRECIATION PROP- business is farming (within the meaning of onciliation Act of 2001. ERTY.—The term ‘qualified property’ shall section 6420(c)(3)). not include any property to which the alter- TITLE II—TEMPORARY BUSINESS RELIEF ‘‘(3) SPECIAL RULES FOR DROUGHT DESIGNA- native depreciation system under subsection PROVISIONS TIONS.—For purposes of this subsection, (g) applies, determined— areas may be designated as eligible for SEC. 201. SPECIAL DEPRECIATION ALLOWANCE ‘‘(I) without regard to paragraph (7) of sub- drought condition assistance— FOR CERTAIN PROPERTY ACQUIRED section (g) (relating to election to have sys- AFTER DECEMBER 31, 2001, AND BE- ‘‘(A) by Federal Government declaration, FORE JANUARY 1, 2004. tem apply), and or (a) IN GENERAL.—Section 168 (relating to ‘‘(II) after application of section 280F(b) ‘‘(B) through Farm Service Agency flash accelerated cost recovery system) is amend- (relating to listed property with limited reports as verified and approved by the Farm ed by adding at the end the following new business use). Service Agency director of the State in subsection: ‘‘(ii) ELECTION OUT.—If a taxpayer makes which such condition exists.’’. ‘‘(k) SPECIAL ALLOWANCE FOR CERTAIN an election under this clause with respect to (b) RULES FOR REPLACEMENT OF INVOLUN- PROPERTY ACQUIRED AFTER DECEMBER 31, any class of property for any taxable year, TARILY CONVERTED LIVESTOCK.— 2001, AND BEFORE JANUARY 1, 2004.— this subsection shall not apply to all prop- (1) IN GENERAL.—Section 1033(a)(2)(B) of the ‘‘(1) ADDITIONAL ALLOWANCE.—In the case of erty in such class placed in service during Internal Revenue Code of 1986 (relating to pe- any qualified property— such taxable year. riod within which property must be replaced) ‘‘(A) the depreciation deduction provided ‘‘(D) SPECIAL RULES.— is amended by redesignating clause (ii) as by section 167(a) for the taxable year in ‘‘(i) SELF-CONSTRUCTED PROPERTY.—In the clause (iii) and by inserting after clause (i) which such property is placed in service shall case of a taxpayer manufacturing, con- the following new clause: include an allowance equal to 30 percent of structing, or producing property for the tax- ‘‘(ii) in the case of an involuntary conver- the adjusted basis of the qualified property, payer’s own use, the requirements of clause sion described in subsection (e), 2 years after and (iii) of subparagraph (A) shall be treated as the close of the taxable year following the ‘‘(B) the adjusted basis of the qualified met if the taxpayer begins manufacturing, year in which any part of the gain upon the property shall be reduced by the amount of constructing, or producing the property after conversion is realized and in which weather- such deduction before computing the amount December 31, 2001, and before January 1, 2004. related conditions or forced sales resulting otherwise allowable as a depreciation deduc- ‘‘(ii) SALE-LEASEBACKS.—For purposes of from Federal land management agency pol- tion under this chapter for such taxable year subparagraph (A)(ii), if property— icy or action have ended, or’’. and any subsequent taxable year. ‘‘(I) is originally placed in service after De- (2) INVOLUNTARY CONVERSION DESCRIBED.— ‘‘(2) QUALIFIED PROPERTY.—For purposes of cember 31, 2001, by a person, and Subsection (e) of section 1033 of such Code this subsection— ‘‘(II) sold and leased back by such person (relating to involuntary conversions) is ‘‘(A) IN GENERAL.—The term ‘qualified within 3 months after the date such property amended to read as follows: property’ means property— was originally placed in service, ‘‘(e) LIVESTOCK SOLD ON ACCOUNT OF ‘‘(i)(I) to which this section applies which such property shall be treated as originally WEATHER-RELATED CONDITIONS OR FEDERAL has a recovery period of 20 years or less or placed in service not earlier than the date on LAND MANAGEMENT AGENCY POLICY OR AC- which is water utility property, which such property is used under the lease- TION.—For purposes of this subtitle, the sale ‘‘(II) which is computer software (as de- back referred to in subclause (II). or exchange of livestock (other than poultry) fined in section 167(f)(1)(B)) for which a de- ‘‘(E) COORDINATION WITH SECTION 280F.—For held by a taxpayer in excess of the number duction is allowable under section 167(a) purposes of section 280F— the taxpayer would sell if he followed usual without regard to this subsection, ‘‘(i) AUTOMOBILES.—In the case of a pas- business practices, shall be treated as an in- ‘‘(III) which is qualified leasehold improve- senger automobile (as defined in section voluntary conversion to which this section ment property, or 280F(d)(5)) which is qualified property, the applies if such livestock are sold or ex- ‘‘(IV) which is eligible for depreciation Secretary shall increase the limitation changed by the taxpayer solely on account of under section 167(g), under section 280F(a)(1)(A)(i) by $4,600. weather-related conditions or forced sales ‘‘(ii) the original use of which commences ‘‘(ii) LISTED PROPERTY.—The deduction al- caused by Federal land management agency with the taxpayer after December 31, 2001, lowable under paragraph (1) shall be taken policy or action.’’. ‘‘(iii) which is— into account in computing any recapture (3) CONVERSION BY HEIRS.—Section ‘‘(I) acquired by the taxpayer after Decem- amount under section 280F(b)(2). 1033(a)(2) of such Code is amended by adding ber 31, 2001, and before January 1, 2004, but ‘‘(3) QUALIFIED LEASEHOLD IMPROVEMENT at the end the following new subparagraph: only if no written binding contract for the PROPERTY.—For purposes of this subsection— ‘‘(F) CONVERSION OF CERTAIN PROPERTY BY acquisition was in effect before January 1, ‘‘(A) IN GENERAL.—The term ‘qualified HEIRS.—In the case of an involuntary conver- 2002, or leasehold improvement property’ means any sion of property described in subsection (e), ‘‘(II) acquired by the taxpayer pursuant to improvement to an interior portion of a if the taxpayer dies during the period speci- a written binding contract which was en- building which is nonresidential real prop- fied in subparagraph (B), the requirements of tered into after December 31, 2001, and before erty if— subparagraph (A) shall be satisfied if the de- January 1, 2004, and ‘‘(i) such improvement is made under or cedent’s— ‘‘(iv) which is placed in service by the tax- pursuant to a lease (as defined in subsection ‘‘(i) personal representative, payer before January 1, 2004, or, in the case (h)(7))— ‘‘(ii) the beneficiary of the converted prop- of property described in subparagraph (B), ‘‘(I) by the lessee (or any sublessee) of such erty, if no personal representative exists, or before January 1, 2005. portion, or ‘‘(iii) the trustee in the case of a trust, ‘‘(B) CERTAIN PROPERTY HAVING LONGER ‘‘(II) by the lessor of such portion, replaces the property within such period.’’. PRODUCTION PERIODS TREATED AS QUALIFIED ‘‘(ii) such portion is to be occupied exclu- (c) EFFECTIVE DATE.—The amendments PROPERTY.— sively by the lessee (or any sublessee) of such made by this section shall apply with respect ‘‘(i) IN GENERAL.—The term ‘qualified prop- portion, and to sales or exchanges after the date of the erty’ includes property— ‘‘(iii) such improvement is placed in serv- enactment of this Act. ‘‘(I) which meets the requirements of ice more than 3 years after the date the SA 2785. Mr. HARKIN submitted an clauses (i), (ii), and (iii) of subparagraph (A), building was first placed in service. amendment intended to be proposed to ‘‘(II) which has a recovery period of at ‘‘(B) CERTAIN IMPROVEMENTS NOT IN- least 10 years or is transportation property, CLUDED.—Such term shall not include any amendment SA 2698 submitted by Mr. and improvement for which the expenditure is DASCHLE and intended to be proposed ‘‘(III) which is subject to section 263A by attributable to— to the bill (H.R. 622) to amend the In- reason of clause (ii) or (iii) of subsection ‘‘(i) the enlargement of the building, ternal Revenue Code of 1986 to expand (f)(1)(B) thereof. ‘‘(ii) any elevator or escalator,

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‘‘(iii) any structural component benefiting (1) IN GENERAL.—Notwithstanding any for each calendar quarter of fiscal year 2003 a common area, and other provision of law, but subject to sub- to take into account the increases in the ‘‘(iv) the internal structural framework of sections (f) and (g), the FMAP for a high un- FMAP provided for in this section for fiscal the building. employment State for a calendar quarter in year 2003. ‘‘(C) DEFINITIONS AND SPECIAL RULES.—For fiscal year 2002 or fiscal year 2003 (and any purposes of this paragraph— subsequent such calendar quarters after the SA 2786. Mr. DORGAN (for himself ‘‘(i) BINDING COMMITMENT TO LEASE TREAT- first such calendar quarter for which the and Mr. KERRY) submitted an amend- ED AS LEASE.—A binding commitment to State is a high unemployment State regard- enter into a lease shall be treated as a lease, less of whether the State continues to be a ment intended to be proposed by him and the parties to such commitment shall be high unemployment State for the subsequent to the bill H.R. 622, to amend the Inter- treated as lessor and lessee, respectively. such calendar quarters) shall be increased nal Revenue Code of 1986 to expand the ‘‘(ii) RELATED PERSONS.—A lease between (after the application of subsections (a), (b), adoption credit, and for other purposes; related persons shall not be considered a and (c)) by 1.50 percentage points. which was ordered to lie on the table; lease. For purposes of the preceding sen- (2) HIGH UNEMPLOYMENT STATE.— as follows: tence, the term ‘related persons’ means— (A) IN GENERAL.—For purposes of this sub- ‘‘(I) members of an affiliated group (as de- section, a State is a high unemployment At the end, add the following: fined in section 1504), and State for a calendar quarter if, for any 3 con- SEC. ll. EXCEPTION FROM TAX ON RECOG- ‘‘(II) persons having a relationship de- secutive month period beginning on or after NIZED BUILT-IN GAIN OF S COR- scribed in subsection (b) of section 267; ex- June 2001 and ending with the second month PORATIONS. cept that, for purposes of this clause, the before the beginning of the calendar quarter, (a) IN GENERAL.—Section 1374 of the Inter- phrase ‘80 percent or more’ shall be sub- the State has an average seasonally adjusted nal Revenue Code of 1986 (relating to tax im- stituted for the phrase ‘more than 50 per- unemployment rate that exceeds the average posed on certain built-in gains) is amended cent’ each place it appears in such sub- weighted unemployment rate during such pe- by redesignating subsection (e) as subsection section. riod. Such unemployment rates for such (f) and by inserting after subsection (d) the ‘‘(D) IMPROVEMENTS MADE BY LESSOR.—In months shall be determined based on publi- following new subsection: the case of an improvement made by the per- cations of the Bureau of Labor Statistics of ‘‘(e) EXCEPTION FOR REINVESTED son who was the lessor of such improvement the Department of Labor. AMOUNTS.— when such improvement was placed in serv- (B) AVERAGE WEIGHTED UNEMPLOYMENT ‘‘(1) IN GENERAL.—If an existing S corpora- ice, such improvement shall be qualified RATE DEFINED.—For purposes of subpara- tion has a net recognized built-in gain for leasehold improvement property (if at all) graph (A), the ‘‘average weighted unemploy- any taxable year in the recognition period only so long as such improvement is held by ment rate’’ for a period is— and elects the application of this sub- such person.’’. (i) the sum of the seasonally adjusted num- section— (b) ALLOWANCE AGAINST ALTERNATIVE MIN- ber of unemployed civilians in each State ‘‘(A) the tax (if any) imposed by subsection IMUM TAX.— and the District of Columbia for the period; (a) on such gain shall not be imposed until (1) IN GENERAL.—Section 56(a)(1)(A) (relat- divided by the second succeeding taxable year, and ing to depreciation adjustment for alter- (ii) the sum of the civilian labor force in ‘‘(B) the amount of such gain on which tax native minimum tax) is amended by adding each State and the District of Columbia for is imposed by subsection (a) for such second at the end the following new clause: the period. succeeding taxable year shall not exceed the ‘‘(iii) ADDITIONAL ALLOWANCE FOR CERTAIN (e) 1-YEAR INCREASE IN CAP ON MEDICAID amount equal to the excess of— PROPERTY ACQUIRED AFTER DECEMBER 31, 2001, PAYMENTS TO TERRITORIES.—Notwith- ‘‘(i) the amount realized on the disposition AND BEFORE JANUARY 1, 2004.—The deduction standing any other provision of law, with re- of those assets that resulted in such gain, under section 168(k) shall be allowed.’’ spect to fiscal years 2002 and 2003, the over (2) CONFORMING AMENDMENT.—Clause (i) of amounts otherwise determined for Puerto ‘‘(ii) the excess of— section 56(a)(1)(A) is amended by striking Rico, the Virgin Islands, Guam, the Northern ‘‘(I) the aggregate qualified expenditures ‘‘clause (ii)’’ both places it appears and in- Mariana Islands, and American Samoa under made by the S corporation during the non- serting ‘‘clauses (ii) and (iii)’’. section 1108 of the Social Security Act (42 recognition period, over (c) EFFECTIVE DATE.—The amendments U.S.C. 1308) shall each be increased by an ‘‘(II) the portion (if any) of such expendi- made by this section shall apply to property amount equal to 6 percentage points of such tures previously taken into account under placed in service after December 31, 2001, in amounts. this subsection. taxable years ending after such date. (f) SCOPE OF APPLICATION.—The increases ‘‘(2) QUALIFIED EXPENDITURES.—For pur- in the FMAP for a State under this section poses of this subsection, the term ‘qualified TITLE III—ASSISTANCE FOR MEDICAID shall apply only for purposes of title XIX of COVERAGE expenditures’ means— the Social Security Act and shall not apply ‘‘(A) amounts chargeable to capital ac- SEC. 301. TEMPORARY INCREASES OF MEDICAID with respect to— count for property used in a trade or busi- FMAP FOR FISCAL YEARS 2002 AND (1) disproportionate share hospital pay- 2003. ness of the S corporation, ments described in section 1923 of such Act ‘‘(B) payments of principal and interest on (a) PERMITTING MAINTENANCE OF FISCAL (42 U.S.C. 1396r–4); or YEAR 2001 FMAP FOR FISCAL YEAR 2002.— pre-effective date debt of the S corporation, (2) payments under titles IV and XXI of and Notwithstanding any other provision of law, such Act (42 U.S.C. 601 et seq. and 1397aa et but subject to subsection (f), if the FMAP de- ‘‘(C) amounts distributed to shareholders seq.). to the extent such amounts do not exceed termined without regard to this section for a (g) STATE ELIGIBILITY.—A State is eligible the aggregate of such shareholders’ tax im- State for fiscal year 2002 is less than the for an increase in its FMAP under subsection posed by this chapter (and State and local FMAP as so determined for fiscal year 2001, (c) or (d) or an increase in a cap amount taxes) on amounts attributable to the dis- the FMAP for the State for fiscal year 2001 under subsection (e) only if the eligibility position of those assets that resulted in such shall be substituted for the State’s FMAP for under its State plan under title XIX of the net recognized built-in gain. fiscal year 2002, before the application of this Social Security Act (including any waiver section. under such title or under section 1115 of such Payments of principal as part of a refi- (b) PERMITTING MAINTENANCE OF FISCAL Act (42 U.S.C. 1315)) is no more restrictive nancing of pre-effective date debt shall not YEAR 2002 FMAP FOR FISCAL YEAR 2003.— than the eligibility under such plan (or waiv- be taken into account under subparagraph Notwithstanding any other provision of law, er) as in effect on October 1, 2001. (B). but subject to subsection (f), if the FMAP de- (h) DEFINITIONS.—In this section: ‘‘(3) NONRECOGNITION PERIOD.—For purposes termined without regard to this section for a (1) FMAP.—The term ‘‘FMAP’’ means the of this subsection, the term ‘nonrecognition State for fiscal year 2003 is less than the Federal medical assistance percentage, as period’ means, with respect to a taxable year FMAP as so determined for fiscal year 2002, defined in section 1905(b) of the Social Secu- for which an S corporation has a net recog- the FMAP for the State for fiscal year 2002 rity Act (42 U.S.C. 1396d(b)). nized built-in gain, such taxable year and the shall be substituted for the State’s FMAP for (2) STATE.—The term ‘‘State’’ has the first and second succeeding taxable years. each calendar quarter of fiscal year 2003, be- meaning given such term for purposes of ‘‘(4) PRE-EFFECTIVE DATE DEBT.—For pur- fore the application of this section. title XIX of the Social Security Act (42 poses of paragraph (2)(B), the term ‘pre-effec- (c) GENERAL 3 PERCENTAGE POINTS IN- U.S.C. 1396 et seq.). tive date debt’ means— CREASE.—Notwithstanding any other provi- (i) IMPLEMENTATION.—The Secretary of ‘‘(A) debt incurred before the date of the sion of law, but subject to subsections (f) and Health and Human Services shall increase enactment of this paragraph, and (g), for each State for each calendar quarter payments to States under title XIX for the ‘‘(B) debt incurred on or after such date to in fiscal years 2002 and 2003, the FMAP (tak- second, third, and fourth calendar quarters refinance debt described in subparagraph (A) ing into account the application of sub- of fiscal year 2002 to take into account the (or refinanced indebtedness meeting the re- sections (a) and (b)) shall be increased by 3 increases in the FMAP provided for in this quirements of this subparagraph) to the ex- percentage points. section for fiscal year 2002 (including the tent that (immediately after the refi- (d) FURTHER INCREASE FOR STATES WITH first quarter of such fiscal year) and shall in- nancing) the principal amount of the indebt- HIGH UNEMPLOYMENT RATES.— crease payments to States under such title edness resulting from the refinancing does

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not exceed the principal amount of the refi- carryback period with respect to such loss LOSSES.—Any taxpayer entitled to a 7-year nanced indebtedness (immediately before the year determined without regard to sub- carryback under subsection (b)(1)(H) from refinancing). section (b)(1)(H). Such election shall be made any loss year may elect to have the ‘‘(5) ANTI-ABUSE RULE.—Solely for purposes in such manner as may be prescribed by the carryback period with respect to such loss of determining the treatment of distribu- Secretary and shall be made by the due date year determined without regard to sub- tions to shareholders under section 1368 dur- (including extensions of time) for filing the section (b)(1)(H). Such election shall be made ing the recognition period— taxpayer’s return for the taxable year of the in such manner as may be prescribed by the ‘‘(A) any increase in the accumulated ad- net operating loss. Such election, once made Secretary and shall be made by the due date justment account and shareholder basis by for any taxable year, shall be irrevocable for (including extensions of time) for filing the reason of the disposition of those assets that such taxable year.’’ taxpayer’s return for the taxable year of the resulted in the net recognized built-in gain (c) TEMPORARY SUSPENSION OF 90 PERCENT net operating loss. Such election, once made shall not exceed the amounts described in LIMIT ON CERTAIN NOL CARRYBACKS.— for any taxable year, shall be irrevocable for paragraph (2)(C), and (1) IN GENERAL.—Subparagraph (A) of sec- such taxable year.’’ ‘‘(B) any increase in such account and tion 56(d)(1) of the Internal Revenue Code of (c) TEMPORARY SUSPENSION OF 90 PERCENT shareholder basis which is not permitted 1986 (relating to general rule defining alter- LIMIT ON CERTAIN NOL CARRYBACKS.— under subparagraph (A) shall occur imme- native tax net operating loss deduction) is (1) IN GENERAL.—Subparagraph (A) of sec- diately after the recognition period. amended to read as follows: tion 56(d)(1) of the Internal Revenue Code of ‘‘(6) EXISTING S CORPORATION.—The term ‘‘(A) the amount of such deduction shall 1986 (relating to general rule defining alter- ‘existing S corporation’ means any S cor- not exceed the sum of— native tax net operating loss deduction) is poration for which an election under section ‘‘(i) the lesser of— amended to read as follows: 1362 is filed before October 12, 2001.’’. ‘‘(I) the amount of such deduction attrib- ‘‘(A) the amount of such deduction shall (b) EFFECTIVE DATE.—The amendment utable to net operating losses (other than not exceed the sum of— made by this section shall apply to taxable the deduction attributable to carrybacks de- ‘‘(i) the lesser of— years beginning after the date of the enact- scribed in clause (ii)(I)), or ‘‘(I) the amount of such deduction attrib- ment of this Act. ‘‘(II) 90 percent of alternative minimum utable to net operating losses (other than taxable income determined without regard the deduction attributable to carrybacks de- SA 2787. Mr. MCCONNELL submitted to such deduction, plus scribed in clause (ii)(I)), or an amendment intended to be proposed ‘‘(ii) the lesser of— ‘‘(II) 90 percent of alternative minimum by him to the bill H.R. 622, to amend ‘‘(I) the amount of such deduction attrib- taxable income determined without regard utable to carrybacks of net operating losses to such deduction, plus the Internal Revenue Code of 1986 to ‘‘(ii) the lesser of— expand the adoption credit, and for for taxable years ending during 2000, 2001, or 2002, or ‘‘(I) the amount of such deduction attrib- other purposes; which was ordered to ‘‘(II) alternative minimum taxable income utable to carrybacks of net operating losses lie on the table; as follows: determined without regard to such deduction for taxable years ending during 2000, 2001, or At the end, add the following: reduced by the amount determined under 2002, or SEC. . INCLUSION OF KENTUCKY IN LIST OF clause (i), and’’. ‘‘(II) alternative minimum taxable income STATES PERMITTED TO OPERATE A (2) EFFECTIVE DATE.—The amendment determined without regard to such deduction SEPARATE RETIREMENT SYSTEM. made by this subsection shall apply to tax- reduced by the amount determined under Section 218(d)(6)(C) of the Social Security able years beginning before January 1, 2003. clause (i), and’’. Act (42 U.S.C. 418(d)(6)(C)) is amended by in- (d) EFFECTIVE DATE.—Except as provided in (2) EFFECTIVE DATE.—The amendment serting ‘‘Kentucky,’’ after ‘‘Illinois,’’. subsection (c), the amendments made by this made by this subsection shall apply to tax- section shall apply to net operating losses able years beginning before January 1, 2003. SA 2788. Mr. HATCH (for himself and for taxable years ending after December 31, (d) TEMPORARY FOREIGN TAX CREDIT CLARI- Mr. BENNETT) submitted an amend- 1999. FICATION.— (1) IN GENERAL.—Section 904(c) (relating to ment intended to be proposed to SA 2789. Mr. HATCH (for himself, and carryback and carryover of excess tax paid) amendment SA 2698 submitted by Mr. is amended by striking ‘‘Any amount’’ and Mr. BENNETT) submitted an amend- DASCHLE and intended to be proposed by inserting ‘‘(1) GENERAL RULE.—Any to the bill (H.R. 622) to amend the In- ment intended to be proposed to amount’’ and by adding new paragraph (2) to ternal Revenue Code of 1986 to expand amendment SA 2698 submitted by Mr. read as follows: the adoption credit, and for other pur- DASCHLE and intended to be proposed ‘‘(2) TEMPORARY RULE FOR CARRYBACK AND poses; which was ordered to lie on the to the bill (H.R. 622) to amend the In- CARRYFORWARD OF EXCESS FOREIGN TAXES.— For purposes of any taxable year ending in table; as follows: ternal Revenue Code of 1986 to expand the adoption credit, and for other pur- 2000, 2001 or 2002 and any of the preceeding 7 At the end, add the following: poses; which was ordered to lie on the taxable years, the provisions of paragraph (1) SEC. ll. CARRYBACK OF CERTAIN NET OPER- shall apply, except that the carryforward pe- ATING LOSSES ALLOWED FOR 7 table; as follows: riod shall extend to the tenth succeeding YEARS. At the end, add the following: taxable year instead of the fifth succeeding (a) IN GENERAL.—Paragraph (1) of section SEC. ll. CARRYBACK OF CERTAIN NET OPER- taxable year. 172(b) of the Internal Revenue Code of 1986 ATING LOSSES ALLOWED FOR 7 (2) EFFECTIVE DATE.—The amendment (relating to years to which loss may be car- YEARS. made by this subsection shall apply upon en- ried) is amended by adding at the end the fol- (a) IN GENERAL.—Paragraph (1) of section actment. lowing new subparagraph: 172(b) of the Internal Revenue Code of 1986 (e) EFFECTIVE DATE.—Except as provided in ‘‘(H) SPECIAL RULE FOR CERTAIN LOSSES.— (relating to years to which loss may be car- subsections (c) and (d), the amendments ‘‘(i) IN GENERAL.—In the case of a taxpayer ried) is amended by adding at the end the fol- made by this section shall apply to net oper- which has a net operating loss for any tax- lowing new subparagraph: ating losses for taxable years ending after able year ending during 2000, 2001, or 2002, ‘‘(H) SPECIAL RULE FOR CERTAIN LOSSES.— December 31, 1999. subparagraph (A)(i) shall be applied by sub- ‘‘(i) IN GENERAL.—In the case of a taxpayer stituting ‘7’ for ‘2’ and subparagraph (F) which has a net operating loss for any tax- SA 2790. Mr. NICKLES (for Mr. shall not apply. able year ending during 2000, 2001, or 2002, MCCAIN (for himself, Mr. ALLARD, Mr. ‘‘(ii) PER YEAR LIMITATION.—For purposes subparagraph (A)(i) shall be applied by sub- LIEBERMAN, Ms. SNOWE, Mr. LEVIN, Mr. of the 6th and 7th taxable year preceeding stituting ‘7’ for ‘2’ and subparagraph (F) MURKOWSKI, Mr. CLELAND, Mr. INHOFE, the taxable year of such loss, the amount of shall not apply. Ms. LANDRIEU, Mr. BURNS, Mr. DURBIN, net operating losses to which clause (i) may ‘‘(ii) PER YEAR LIMITATION.—For purposes Mr. SESSIONS, Mr. DEWINE, Mr. THUR- apply for any taxable year shall not exceed of the 6th and 7th taxable year preceeding $50,000,000.’’ the taxable year of such loss, the amount of MOND, Mr. SHELBY, Mr. HAGEL, Mr. (b) ELECTION TO DISREGARD 7-YEAR net operating losses to which clause (i) may LUGAR, Mr. KENNEDY, Mr. WARNER, Ms. CARRYBACK.—Section 172 of the Internal Rev- apply for any taxable year shall not exceed COLLINS, Mr. HATCH, Mr. HELMS, Mr. enue Code of 1986 (relating to net operating $50,000,000.’’ ALLEN, Mr. KERRY, Mr. FITZGERALD, loss deduction) is amended by redesignating (b) ELECTION TO DISREGARD 7-YEAR Mr. STEVENS, Mr. REID, Mr. MILLER, subsection (j) as subsection (k) and by insert- CARRYBACK.—Section 172 of the Internal Rev- Mr. ROBERTS, Mr. BAYH, Mr. ENSIGN, ing after subsection (i) the following new enue Code of 1986 (relating to net operating Mr. BUNNING, Mr. CAMPBELL, Mr. NEL- subsection: loss deduction) is amended by redesignating SON of Nebraska, Mr. DODD, Mr. JEF- ‘‘(j) ELECTION TO DISREGARD 7-YEAR subsection (j) as subsection (k) and by insert- FORDS ROWNBACK IDEN CARRYBACK FOR CERTAIN NET OPERATING ing after subsection (i) the following new , Mr. B , Mr. B , Ms. LOSSES.—Any taxpayer entitled to a 7-year subsection: STABENOW, Mr. COCHRAN, and Mr. SAR- carryback under subsection (b)(1)(H) from ‘‘(j) ELECTION TO DISREGARD 7-YEAR BANES)) submitted an amendment in- any loss year may elect to have the CARRYBACK FOR CERTAIN NET OPERATING tended to be proposed to amendment

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S361 SA 2698 submitted by Mr. DASCHLE and fied charitable distribution from an indi- ‘‘(A) IN GENERAL.—In the case of a chari- intended to be proposed to the bill vidual retirement account— table contribution of apparently wholesome (H.R. 622) to amend the Internal Rev- ‘‘(I) to a charitable remainder annuity food by a taxpayer— enue Code of 1986 to expand the adop- trust or a charitable remainder unitrust (as ‘‘(i) paragraph (3)(A) shall be applied with- tion credit, and for other purposes; such terms are defined in section 664(d)), out regard to whether or not the contribu- ‘‘(II) to a pooled income fund (as defined in tion is made by a C corporation, and which was ordered to lie on the table; section 642(c)(5)), or ‘‘(ii) in the case of a taxpayer other than a as follows: ‘‘(III) for the issuance of a charitable gift C corporation, the total deductions under At the appropriate place insert the fol- annuity (as defined in section 501(m)(5)). subsection (a) with respect to such contribu- lowing: The preceding sentence shall apply only if no tions for any taxable year shall not exceed SEC. ll. SPECIAL RULE FOR MEMBERS OF UNI- person holds an income interest in the the percentage specified in subsection (b)(2) FORMED SERVICES AND FOREIGN amounts in the trust, fund, or annuity at- of the taxpayer’s net income from the trade SERVICE IN DETERMINING EXCLU- tributable to such distribution other than or business, computed without regard to this SION OF GAIN ON SALE OF PRIN- CIPAL RESIDENCE. one or more of the following: the individual section. (a) IN GENERAL.—Section 121(d) (relating to for whose benefit such account is main- ‘‘(B) LIMIT ON REDUCTION.—In the case of a special rules) is amended by adding at the tained, the spouse of such individual, or any charitable contribution of apparently whole- end the following: organization described in section 170(c). some food which is a qualified contribution ‘‘(9) MEMBERS OF UNIFORMED SERVICES AND ‘‘(ii) DETERMINATION OF INCLUSION OF (within the meaning of paragraph (3)(A), as FOREIGN SERVICE.— AMOUNTS DISTRIBUTED.—In determining the modified by subparagraph (A) of this para- ‘‘(A) IN GENERAL.—The running of the 5- amount includible in the gross income of any graph), the amount of the reduction deter- year period described in subsection (a) shall person by reason of a payment or distribu- mined under paragraph (3)(B) shall not ex- be suspended with respect to an individual tion from a trust referred to in clause (i)(I) ceed the amount determined under clause (ii) during any time that such individual or such or a charitable gift annuity (as so defined), thereof. individual’s spouse is serving on qualified of- the portion of any qualified charitable dis- ‘‘(C) DETERMINATION OF BASIS.—For pur- ficial extended duty as a member of a uni- tribution to such trust or for such annuity poses of this paragraph, if a taxpayer— formed service or of the Foreign Service. which would (but for this subparagraph) have ‘‘(i) does not account for inventories under ‘‘(B) QUALIFIED OFFICIAL EXTENDED DUTY.— been includible in gross income— section 471, and For purposes of this paragraph— ‘‘(I) shall be treated as income described in ‘‘(ii) is not required to capitalize indirect ‘‘(i) IN GENERAL.—The term ‘qualified offi- section 664(b)(1), and costs under section 263A, cial extended duty’ means any period of ex- ‘‘(II) shall not be treated as an investment the taxpayer may elect, solely for purposes tended duty during which the member of a in the contract. of paragraph (3)(B)(ii), to treat the basis of uniformed service or the Foreign Service is ‘‘(iii) NO INCLUSION FOR DISTRIBUTION TO any qualified contribution of such taxpayer under a call or order compelling such duty at POOLED INCOME FUND.—No amount shall be as being equal to 25 percent of the fair mar- a duty station which is a least 50 miles from includible in the gross income of a pooled in- ket value of such contribution. the property described in subparagraph (A) come fund (as so defined) by reason of a ‘‘(D) DETERMINATION OF FAIR MARKET or compelling residence in Government fur- qualified charitable distribution to such VALUE.—In the case of a charitable contribu- nished quarters while on such duty. fund. tion of apparently wholesome food which is a ‘‘(ii) EXTENDED DUTY.—The term ‘extended ‘‘(C) QUALIFIED CHARITABLE DISTRIBUTION.— qualified contribution (within the meaning duty’ means any period of active duty pursu- For purposes of this paragraph, the term of paragraph (3), as modified by subpara- ant to a call or order to such duty for a pe- ‘qualified charitable distribution’ means any graphs (A) and (B) of this paragraph) and riod in excess of 90 days or for an indefinite distribution from an individual retirement which, solely by reason of internal standards period. account— of the taxpayer or lack of market, cannot or ‘‘(C) DEFINITIONS.—For purposes of this ‘‘(i) which is made on or after the date that will not be sold, the fair market value of paragraph— the individual for whose benefit the account such contribution shall be determined— ‘‘(i) UNIFORMED SERVICE.—The term ‘uni- is maintained has attained age 591⁄2, and ‘‘(i) without regard to such internal stand- formed service’ has the meaning given such ‘‘(ii) which is made directly from the ac- ards or such lack of market and term by section 101(a)(5) of title 10, United count to— ‘‘(ii) by taking into account the price at States Code. ‘‘(I) an organization described in section which the same or substantially the same ‘‘(ii) FOREIGN SERVICE OF THE UNITED 170(c), or food items are sold by the taxpayer at the STATES.—The term ‘member of the Foreign ‘‘(II) a trust, fund, or annuity referred to in time of the contribution (or, if not so sold at Service’ has the meaning given the term subparagraph (B). such time, in the recent past). ‘member of the Service’ by paragraph (1), (2), ‘‘(D) DENIAL OF DEDUCTION.—The amount ‘‘(E) APPARENTLY WHOLESOME FOOD.—For (3), (4), or (5) of section 103 of the Foreign allowable as a deduction under section 170 to purposes of this paragraph, the term ‘appar- Service Act of 1980.’’. the taxpayer for the taxable year shall be re- ently wholesome food’ has the meaning given (b) EFFECTIVE DATE.—The amendment duced (but not below zero) by the sum of the such term by section 22(b)(2) of the Bill made by this section shall apply to sales or amounts of the qualified charitable distribu- Emerson Good Samaritan Food Donation exchanges on or after the date of the enact- tions during such year which would be in- Act (42 U.S.C. 1791(b)(2)), as in effect on the ment of this Act. cludible in the gross income of the taxpayer date of the enactment of this paragraph. for such year but for this paragraph.’’. ‘‘(F) TERMINATION.—This paragraph shall Mrs. HUTCHISON submitted SA 2791. (b) EFFECTIVE DATE.—The amendment not apply to any contribution made during an amendment intended to be proposed made by subsection (a) shall apply to taxable any taxable year beginning after December by her to the bill H.R. 622, to amend years beginning after December 31, 2001, and 31, 2004.’’. the Internal Revenue Code of 1986 to before January 1, 2004. (b) EFFECTIVE DATE.—The amendment expand the adoption credit, and for made by this section shall apply to taxable other purposes; which was ordered to SA 2792. Mr. LUGAR (for himself and years beginning after December 31, 2001. lie on the table; as follows: Mr. LEAHY) submitted an amendment At the end, add the following: intended to be proposed by him to the SA 2793. Mr. GRAMM (for himself, SECTION 1. TAX-FREE DISTRIBUTIONS FROM IN- bill H.R. 622, to amend the Internal and Mrs. HUTCHISON) submitted an DIVIDUAL RETIREMENT ACCOUNTS amendment intended to be proposed to FOR CHARITABLE PURPOSES. Revenue Code of 1986 to expand the (a) IN GENERAL.—Subsection (d) of section adoption credit, and for other purposes; amendment SA 2698 submitted by Mr. 408 of the Internal Revenue Code of 1986 (re- which was ordered to lie on the table; DASCHLE and intended to be proposed lating to individual retirement accounts) is as follows: to the bill (H.R. 622) to amend the In- amended by adding at the end the following ternal Revenue Code of 1986 to expand new paragraph: At the appropriate place, insert the fol- lowing: the adoption credit, and for other pur- ‘‘(8) DISTRIBUTIONS FOR CHARITABLE PUR- poses; which was ordered to lie on the ll POSES.— SEC. . CHARITABLE DEDUCTION FOR CON- table; as follows: ‘‘(A) IN GENERAL.—No amount shall be in- TRIBUTIONS OF FOOD. cludible in gross income by reason of a quali- (a) IN GENERAL.—Subsection (e) of section At the end, add the following: fied charitable distribution from an indi- 170 of the Internal Revenue Code of 1986 (re- SEC. ll. INDEXING OF CERTAIN ASSETS FOR vidual retirement account to an organization lating to certain contributions of ordinary PURPOSES OF DETERMINING GAIN described in section 170(c). income and capital gain property) is amend- OR LOSS. ‘‘(B) SPECIAL RULES RELATING TO CHARI- ed by adding at the end the following new (a) IN GENERAL.—Part II of subchapter O of TABLE REMAINDER TRUSTS, POOLED INCOME paragraph: chapter 1 of the Internal Revenue Code of FUNDS, AND CHARITABLE GIFT ANNUITIES.— ‘‘(7) SPECIAL RULE FOR CONTRIBUTIONS OF 1986 (relating to basis rules of general appli- ‘‘(i) IN GENERAL.—No amount shall be in- FOOD INVENTORY.—For purposes of this sec- cation) is amended by inserting after section cludible in gross income by reason of a quali- tion— 1021 the following new section:

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S362 CONGRESSIONAL RECORD — SENATE February 5, 2002 ‘‘SEC. 1022. INDEXING OF CERTAIN ASSETS FOR leased by the Secretary of Commerce before month for which there is no valuation shall PURPOSES OF DETERMINING GAIN the close of the following calendar quarter). be the trustee’s good faith judgment as to OR LOSS. ‘‘(d) SPECIAL RULES.—For purposes of this such valuation. ‘‘(a) GENERAL RULE.— section— ‘‘(E) QUALIFIED INVESTMENT ENTITY.—For ‘‘(1) INDEXED BASIS SUBSTITUTED FOR AD- ‘‘(1) TREATMENT AS SEPARATE ASSET.—In purposes of this paragraph, the term ‘quali- JUSTED BASIS.—Except as provided in para- the case of any asset, the following shall be fied investment entity’ means— graph (2), if an indexed asset which has been treated as a separate asset: ‘‘(i) a regulated investment company held for more than 1 year is sold or otherwise ‘‘(A) a substantial improvement to prop- (within the meaning of section 851), disposed of, then, for purposes of this title, erty, ‘‘(ii) a real estate investment trust (within the indexed basis of the asset shall be sub- ‘‘(B) in the case of stock of a corporation, the meaning of section 856), and stituted for its adjusted basis. a substantial contribution to capital, and ‘‘(iii) a common trust fund (within the ‘‘(2) EXCEPTION FOR DEPRECIATION, ETC.— ‘‘(C) any other portion of an asset to the meaning of section 584). The deductions for depreciation, depletion, extent that separate treatment of such por- ‘‘(2) PARTNERSHIPS.—In the case of a part- and amortization shall be determined with- tion is appropriate to carry out the purposes nership, the adjustment made under sub- out regard to the application of paragraph (1) of this section. section (a) at the partnership level shall be to the taxpayer or any other person. ‘‘(2) ASSETS WHICH ARE NOT INDEXED ASSETS passed through to the partners. ‘‘(b) INDEXED ASSET.— THROUGHOUT HOLDING PERIOD.— ‘‘(3) SUBCHAPTER S CORPORATIONS.—In the ‘‘(1) IN GENERAL.—For purposes of this sec- ‘‘(A) IN GENERAL.—The applicable inflation case of an electing small business corpora- tion, the term ‘indexed asset’ means— ratio shall be appropriately reduced for cal- tion, the adjustment under subsection (a) at ‘‘(A) stock in a corporation, and endar months at any time during which the the corporate level shall be passed through ‘‘(B) tangible property (or any interest asset was not an indexed asset. to the shareholders. therein), which is a capital asset or property ‘‘(B) CERTAIN SHORT SALES.—For purposes ‘‘(f) DISPOSITIONS BETWEEN RELATED PER- used in the trade or business (as defined in of applying subparagraph (A), an asset shall SONS.— section 1231(b)). be treated as not an indexed asset for any ‘‘(1) IN GENERAL.—This section shall not ‘‘(2) CERTAIN PROPERTY EXCLUDED.—For short sale period during which the taxpayer apply to any sale or other disposition of purposes of this section, the term ‘indexed or the taxpayer’s spouse sells short property property between related persons except to asset’ does not include— substantially identical to the asset. For pur- the extent that the basis of such property in ‘‘(A) CREDITOR’S INTEREST.—Any interest in poses of the preceding sentence, the short the hands of the transferee is a substituted property which is in the nature of a credi- sale period begins on the day after the sub- basis. tor’s interest. stantially identical property is sold and ends ‘‘(2) RELATED PERSONS DEFINED.—For pur- on the closing date for the sale. poses of this section, the term ‘related per- ‘‘(B) OPTIONS.—Any option or other right to acquire an interest in property. ‘‘(3) TREATMENT OF CERTAIN DISTRIBU- sons’ means— TIONS.—A distribution with respect to stock ‘‘(A) persons bearing a relationship set ‘‘(C) NET LEASE PROPERTY.—In the case of a in a corporation which is not a dividend shall lessor, net lease property (within the mean- forth in section 267(b), and be treated as a disposition. ‘‘(B) persons treated as single employer ing of subsection (h)(1)). ‘‘(4) SECTION CANNOT INCREASE ORDINARY under subsection (b) or (c) of section 414. ‘‘(D) CERTAIN PREFERRED STOCK.—Stock LOSS.—To the extent that (but for this para- ‘‘(g) TRANSFERS TO INCREASE INDEXING AD- which is preferred as to dividends and does graph) this section would create or increase JUSTMENT OR DEPRECIATION ALLOWANCE.—If not participate in corporate growth to any a net ordinary loss to which section 1231(a)(2) any person transfers cash, debt, or any other significant extent. applies or an ordinary loss to which any property to another person and the principal ‘‘(E) STOCK IN CERTAIN CORPORATIONS.— other provision of this title applies, such purpose of such transfer is— Stock in— provision shall not apply. The taxpayer shall ‘‘(1) to secure or increase an adjustment ‘‘(i) an S corporation (within the meaning be treated as having a long-term capital loss under subsection (a), or of section 1361), in an amount equal to the amount of the or- ‘‘(2) to increase (by reason of an adjust- ‘‘(ii) a personal holding company (as de- dinary loss to which the preceding sentence ment under subsection (a)) a deduction for fined in section 542), and applies. depreciation, depletion, or amortization, ‘‘(iii) a foreign corporation. ‘‘(5) ACQUISITION DATE WHERE THERE HAS the Secretary may disallow part or all of ‘‘(3) EXCEPTION FOR STOCK IN FOREIGN COR- BEEN PRIOR APPLICATION OF SUBSECTION (a)(1) such adjustment or increase. PORATION WHICH IS REGULARLY TRADED ON NA- WITH RESPECT TO THE TAXPAYER.—If there has ‘‘(h) DEFINITIONS.—For purposes of this sec- TIONAL OR REGIONAL EXCHANGE.—Clause (iii) been a prior application of subsection (a)(1) tion— of paragraph (2)(E) shall not apply to stock to an asset while such asset was held by the ‘‘(1) NET LEASE PROPERTY DEFINED.—The in a foreign corporation the stock of which is taxpayer, the date of acquisition of such term ‘net lease property’ means leased real listed on the New York Stock Exchange, the asset by the taxpayer shall be treated as not property where— American Stock Exchange, or any domestic earlier than the date of the most recent such ‘‘(A) the term of the lease (taking into ac- regional exchange for which quotations are prior application. count options to renew) was 50 percent or published on a regular basis other than— ‘‘(6) COLLAPSIBLE CORPORATIONS.—The ap- more of the useful life of the property, and ‘‘(A) stock of a foreign investment com- plication of section 341(a) (relating to col- ‘‘(B) for the period of the lease, the sum of pany (within the meaning of section 1246(b)), lapsible corporations) shall be determined the deductions with respect to such property and without regard to this section. which are allowable to the lessor solely by ‘‘(B) stock in a foreign corporation held by ‘‘(e) CERTAIN CONDUIT ENTITIES.— reason of section 162 (other than rents and a United States person who meets the re- ‘‘(1) REGULATED INVESTMENT COMPANIES; reimbursed amounts with respect to such quirements of section 1248(a)(2). REAL ESTATE INVESTMENT TRUSTS; COMMON property) is 15 percent or less of the rental ‘‘(c) INDEXED BASIS.—For purposes of this TRUST FUNDS.— income produced by such property. section— ‘‘(A) IN GENERAL.—Stock in a qualified in- ‘‘(2) STOCK INCLUDES INTEREST IN COMMON ‘‘(1) GENERAL RULE.—The indexed basis for vestment entity shall be an indexed asset for TRUST FUND.—The term ‘stock in a corpora- any asset is— any calendar month in the same ratio as the tion’ includes any interest in a common ‘‘(A) the adjusted basis of the asset, in- fair market value of the assets held by such trust fund (as defined in section 584(a)). creased by entity at the close of such month which are ‘‘(i) REGULATIONS.—The Secretary shall ‘‘(B) the applicable inflation adjustment. indexed assets bears to the fair market value prescribe such regulations as may be nec- ‘‘(2) APPLICABLE INFLATION ADJUSTMENT.— of all assets of such entity at the close of essary or appropriate to carry out the pur- The applicable inflation adjustment for any such month. poses of this section.’’ (b) CLERICAL AMENDMENT.—The table of asset is an amount equal to— ‘‘(B) RATIO OF 90 PERCENT OR MORE.—If the ‘‘(A) the adjusted basis of the asset, multi- ratio for any calendar month determined sections for part II of subchapter O of such plied by under subparagraph (A) would (but for this chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item ‘‘(B) the percentage (if any) by which— subparagraph) be 90 percent or more, such relating to section 1021 the following new ‘‘(i) the chain-type price index for GDP for ratio for such month shall be 100 percent. item: the last calendar quarter ending before the ‘‘(C) RATIO OF 10 PERCENT OR LESS.—If the asset is disposed of, exceeds ratio for any calendar month determined ‘‘Sec. 1022. Indexing of certain assets for pur- ‘‘(ii) the chain-type price index for GDP for under subparagraph (A) would (but for this poses of determining gain or the last calendar quarter ending before the subparagraph) be 10 percent or less, such loss.’’ asset was acquired by the taxpayer. ratio for such month shall be zero. (c) ADJUSTMENT TO APPLY FOR PURPOSES The percentage under subparagraph (B) shall ‘‘(D) VALUATION OF ASSETS IN CASE OF REAL OF DETERMINING EARNINGS AND PROFITS.— be rounded to the nearest 1⁄10 of 1 percentage ESTATE INVESTMENT TRUSTS.—Nothing in this Subsection (f) of section 312 of the Internal point. paragraph shall require a real estate invest- Revenue Code of 1986 (relating to effect on ‘‘(3) CHAIN-TYPE PRICE INDEX FOR GDP.—The ment trust to value its assets more fre- earnings and profits of gain or loss and of re- chain-type price index for GDP for any cal- quently than once each 36 months (except ceipt of tax-free distributions) is amended by endar quarter is such index for such quarter where such trust ceases to exist). The ratio adding at the end thereof the following new (as shown in the last revision thereof re- under subparagraph (A) for any calendar paragraph:

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‘‘(3) EFFECT ON EARNINGS AND PROFITS OF acquisition, and other business projects, gen- thereunder) in any case described in clause INDEXED BASIS.— erate a dramatic increase in rents, and oth- (i), (ii), or (iii) of subparagraph (A). ‘‘For substitution of indexed basis for ad- erwise suppress economic activity; and (3) INSURED LOSS.—The term ‘‘insured justed basis in the case of the disposition of (6) the United States Government should loss’’— certain assets after December 31, 2001, see provide temporary financial compensation to (A) means any loss resulting from an act of section 1022(a)(1).’’ insured parties, contributing to the sta- terrorism that is covered by primary prop- (d) EFFECTIVE DATES.— bilization of the United States economy in a erty and casualty insurance, including busi- (1) IN GENERAL.—The amendments made by time of national crisis, while the financial ness interruption coverage, issued by a par- this section shall apply to the disposition of services industry develops the systems, ticipating insurance company, if such loss— any property the holding period of which be- mechanisms, products, and programs nec- (i) occurs within the United States; or gins after the date of the enactment of this essary to create a viable financial services (ii) occurs to an air carrier (as defined in Act. market for private terrorism risk insurance. section 40102 of title 49, United States Code) (2) CERTAIN TRANSACTIONS BETWEEN RE- (b) PURPOSE.—The purpose of this Act is to or to a United States flag vessel (or a vessel LATED PERSONS.—The amendments made by establish a temporary Federal program that based principally in the United States, on this section shall not apply to the disposi- provides for a transparent system of shared which United States income tax is paid and tion of any property acquired after the date public and private compensation for insured whose insurance coverage is subject to regu- of the enactment of this Act from a related losses resulting from acts of terrorism, in lation in the United States), regardless of person (as defined in section 1022(f)(2) of the order to— where the loss occurs; and Internal Revenue Code of 1986, as added by (1) protect consumers by addressing mar- (B) excludes any life or health insurance this section) if— ket disruptions and ensure the continued coverage. (A) such property was so acquired for a widespread availability and affordability of (4) MARKET SHARE.— price less than the property’s fair market property and casualty insurance for ter- (A) IN GENERAL.—The ‘‘market share’’ of a value, and rorism risk; and participating insurance company shall be (B) the amendments made by this section (2) allow for a transitional period for the calculated using the total amount of direct did not apply to such property in the hands private markets to stabilize, resume pricing written property and casualty insurance pre- of such related person. of such insurance, and build capacity to ab- miums for the participating insurance com- sorb any future losses, while preserving pany during the 2-year period preceding the SA 2794. Mr. DURBIN submitted an State insurance regulation and consumer year in which the subject act of terrorism amendment intended to be proposed to protections. occurred (or during such other period for amendment SA 2698 submitted by Mr. SEC. 3. DEFINITIONS. which adequate data are available, as deter- DASCHLE and intended to be proposed In this Act, the following definitions shall mined by the Secretary), as a percentage of to the bill (H.R. 622) to amend the In- apply: the aggregate of all such property and cas- ternal Revenue Code of 1986 to expand (1) ACT OF TERRORISM.— ualty insurance premiums industry-wide (A) CERTIFICATION.—The term ‘‘act of ter- during that period. the adoption credit, and for other pur- rorism’’ means any act that is certified by (B) ADJUSTMENTS.—The Secretary may ad- poses; which was ordered to lie on the the Secretary, in concurrence with the Sec- just the market share of a participating in- table; as follows: retary of State, and the Attorney General of surance company under subparagraph (A), as At the appropriate place insert the fol- the United States— necessary to reflect current market partici- lowing: (i) to be a violent act or an act that is dan- pation of that participating insurance com- SECTION 1. SHORT TITLE. gerous to— pany. This Act may be cited as the ‘‘Terrorism (I) human life; (5) NAIC.—The term ‘‘NAIC’’ means the Risk Insurance Act of 2001’’. (II) property; or National Association of Insurance Commis- SEC. 2. CONGRESSIONAL FINDINGS AND PUR- (III) infrastructure; sioners. POSE. (ii) to have resulted in damage within the (6) PARTICIPATING INSURANCE COMPANY.— (a) FINDINGS.—The Congress finds that— United States, or outside the United States The term ‘‘participating insurance com- (1) property and casualty insurance firms in the case of an air carrier or vessel de- pany’’ means any insurance company, in- are important financial institutions, the scribed in paragraph (3)(A)(ii); and cluding any subsidiary or affiliate thereof— products of which allow mutualization of (iii) to have been committed by an indi- (A) that— risk and the efficient use of financial re- vidual or individuals acting on behalf of any (i) is licensed or admitted to engage in the sources and enhance the ability of the econ- foreign person or foreign interest, as part of business of providing primary insurance in omy to maintain stability, while responding an effort to coerce the civilian population of any State, and was so licensed or admitted to a variety of economic, political, environ- the United States or to influence the policy on September 11, 2001, or had pending on that mental, and other risks with a minimum of or affect the conduct of the United States date an application for such license or ad- disruption; Government by coercion. mission; or (2) the ability of businesses and individuals (B) LIMITATION.—No act or event shall be (ii) is not licensed or admitted as described to obtain property and casualty insurance at certified by the Secretary as an act of ter- in clause (i), if it is an eligible surplus line reasonable and predictable prices, in order to rorism if— carrier listed on the Quarterly Listing of spread the risk of both routine and cata- (i) the act or event is committed in the Alien Insurers of the NAIC, or any successor strophic loss, is critical to economic growth, course of a war declared by the Congress; or thereto; urban development, and the construction (ii) losses resulting from the act or event, (B) that receives direct premiums for any and maintenance of public and private hous- in the aggregate, do not exceed $5,000,000. type of commercial property and casualty in- ing, as well as to the promotion of United (C) DETERMINATIONS FINAL.—Any certifi- surance coverage or that, not later than 21 States exports and foreign trade in an in- cation of, or determination not to certify, an days after the date of enactment of this Act, creasingly interconnected world; act or event as an act of terrorism under this submits written notification to the Sec- (3) the ability of the insurance industry to paragraph shall be final, and shall not be retary of its intent to participate in the Pro- cover the unprecedented financial risks pre- subject to judicial review. gram with regard to personal lines of prop- sented by potential acts of terrorism in the (2) BUSINESS INTERRUPTION COVERAGE.—The erty and casualty insurance; and United States can be a major factor in the term ‘‘business interruption coverage’’— (C) that meets any other criteria that the recovery from terrorist attacks, while main- (A) means coverage of losses for temporary Secretary may reasonably prescribe. taining the stability of the economy; relocation expenses and ongoing expenses, (7) PARTICIPATING INSURANCE COMPANY DE- (4) widespread financial market uncertain- including ordinary wages, where— DUCTIBLE.—The term ‘‘participating insur- ties have arisen following the terrorist at- (i) there is physical damage to the business ance company deductible’’ means— tacks of September 11, 2001, including the ab- premises of such magnitude that the busi- (A) a participating insurance company’s sence of information from which financial ness cannot open for business; market share, multiplied by $10,000,000,000, institutions can make statistically valid es- (ii) there is physical damage to other prop- with respect to insured losses resulting from timates of the probability and cost of future erty that totally prevents customers or em- an act of terrorism occurring during the pe- terrorist events, and therefore the size, fund- ployees from gaining access to the business riod beginning on the date of enactment of ing, and allocation of the risk of loss caused premises; or this Act and ending at midnight on Decem- by such acts of terrorism; (iii) the Federal, State, or local govern- ber 31, 2002; and (5) a decision by property and casualty in- ment shuts down an area due to physical or (B) a participating insurance company’s surers to deal with such uncertainties, either environmental damage, thereby preventing market share, multiplied by $15,000,000,000, by terminating property and casualty cov- customers or employees from gaining access with respect to insured losses resulting from erage for losses arising from terrorist events, to the business premises; and an act of terrorism occurring during the pe- or by radically escalating premium coverage (B) does not include lost profits, other than riod beginning on January 1, 2003 and ending to compensate for risks of loss that are not in the case of a small business concern (as at midnight on December 31, 2003, if the Pro- readily predictable, could seriously hamper defined in section 3 of the Small Business gram is extended in accordance with section ongoing and planned construction, property Act (15 U.S.C. 632) and applicable regulations 6.

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(8) PERSON.—The term ‘‘person’’ means any (C) certification of its compliance with the (D) PROHIBITION ON DUPLICATIVE COMPENSA- individual, business or nonprofit entity (in- provisions of this subsection. TION.—The Federal share of compensation for cluding those organized in the form of a (c) MANDATORY PARTICIPATION; MANDATORY insured losses under the Program shall be re- partnership, limited liability company, cor- AVAILABILITY.—Each insurance company duced by the amount of compensation pro- poration, or association), trust or estate, or that meets the definition of a participating vided by the Federal Government for those a State or political subdivision of a State or insurance company under section 3— insured losses under any other Federal insur- other governmental unit. (1) shall participate in the Program; ance or reinsurance program. (9) PROGRAM.—The term ‘‘Program’’ means (2) shall make available in all of its prop- (2) CAP ON ANNUAL LIABILITY.—Notwith- the Terrorism Insured Loss Shared Com- erty and casualty insurance policies (in all of standing paragraph (1), or any other provi- pensation Program established by this Act. its participating lines), coverage for insured sion of Federal or State law, if the aggregate (10) PROPERTY AND CASUALTY INSURANCE.— losses; and insured losses exceed $100,000,000,000 during The term ‘‘property and casualty insur- (3) shall make available property and cas- any period referred to in subparagraph (A) or ance’’— ualty insurance coverage for insured losses (B) of paragraph (1)— (A) means commercial lines of property that does not differ materially from the (A) the Secretary shall not make any pay- and casualty insurance; terms, amounts, and other coverage limita- ment under this Act for any portion of the (B) includes personal lines of property and tions applicable to losses arising from events amount of such losses that exceeds casualty insurance, if a notification is made other than acts of terrorism. $100,000,000,000; and (B) participating insurance companies in accordance with paragraph (6)(B); and (d) PARTICIPATION BY SELF INSURED ENTI- shall not be liable for the payment of any (C) does not include— TIES.— portion of the amount that exceeds (i) Federal crop insurance issued or rein- (1) DETERMINATION BY THE SECRETARY.—The sured under the Federal Crop Insurance Act Secretary may, in consultation with the $100,000,000,000. OTICE TO CONGRESS.—The Secretary (7 U.S.C. 1501 et seq.); or NAIC, establish procedures to allow partici- (3) N shall notify the Congress if estimated or ac- (ii) private mortgage insurance, as that pation in the Program by municipalities and tual aggregate insured losses exceed term is defined in section 2 of the Home- other governmental or quasi-governmental $100,000,000,000 in any period described in owners Protection Act of 1998 (12 U.S.C. 4901). entities (and by any other entity, as the Sec- paragraph (1), and the Congress shall deter- (11) SECRETARY.—The term ‘‘Secretary’’ retary deems appropriate) operating through mine the procedures for and the source of means the Secretary of the Treasury. self insurance arrangements that were in ex- any such excess payments. (12) STATE.—The term ‘‘State’’ means any istence on September 11, 2001, but only if the (4) FINAL NETTING.—The Secretary shall State of the United States, the District of Secretary makes a determination with re- have sole discretion to determine the time at Columbia, the Commonwealth of Puerto gard to participation by any such entity be- Rico, the Commonwealth of the Northern which claims relating to any insured loss or fore the occurrence of an act of terrorism in act of terrorism shall become final. Mariana Islands, American Samoa, Guam, which the entity incurs an insured loss. and each of the United States Virgin Islands. (5) DETERMINATIONS FINAL.—Any deter- (2) PARTICIPATION.—If the Secretary makes mination of the Secretary under this sub- (13) UNITED STATES.—The term ‘‘United a determination to allow an entity described States’’ means the several States, and in- section shall be final, and shall not be sub- in paragraph (1) to participate in the Pro- ject to judicial review. cludes the territorial sea of the United gram, all reports, conditions, requirements, (6) IN-FORCE REINSURANCE AGREEMENTS.— States. and standards established by this Act for For policies covered by reinsurance con- SEC. 4. TERRORISM INSURED LOSS SHARED COM- participating insurance companies shall tracts in force on the date of enactment of PENSATION PROGRAM. apply to any such entity, as determined to this Act, until the in-force reinsurance con- (a) ESTABLISHMENT OF PROGRAM.— be appropriate by the Secretary. tract is renewed, amended, or has reached its (1) IN GENERAL.—There is established in the (e) SHARED INSURANCE LOSS COVERAGE.— 1-year anniversary date, any Federal share of Department of the Treasury the Terrorism (1) FEDERAL SHARE.— compensation due to a participating insur- Insured Loss Shared Compensation Program. (A) IN GENERAL.—Subject to the cap on li- ance company for insured losses during the (2) AUTHORITY OF THE SECRETARY.—Not- ability under paragraph (2) and the limita- effective period of the Program shall be withstanding any other provision of State or tion under paragraph (6), the Federal share shared— Federal law, the Secretary shall administer of compensation under the Program to be (A) with all reinsurance companies to the Program, and shall pay the Federal share paid by the Secretary for insured losses re- which the participating insurance company of compensation for insured losses in accord- sulting from an act of terrorism occurring has ceded some share of the insured loss pur- ance with subsection (e). during the period beginning on the date of suant to an in-force reinsurance contract; (b) CONDITIONS FOR FEDERAL PAYMENTS.— enactment of this Act and ending at mid- and No payment may be made by the Secretary night on December 31, 2002— (B) in a manner that distributes the Fed- under subsection (e), unless— (i) shall be equal to 80 percent of that por- eral share of compensation for insured losses (1) a person that suffers an insured loss, or tion of the amount of aggregate insured between the participating insurance com- a person acting on behalf of that person, files losses that— pany and the reinsurance company or com- a claim with a participating insurance com- (I) exceeds the participating insurance panies in the same proportion as the insured pany; company deductibles required to be paid for losses would have been distributed if the (2) the participating insurance company those insured losses; and Program did not exist. provides clear and conspicuous disclosure to (II) does not exceed $10,000,000,000; and SEC. 5. GENERAL AUTHORITY AND ADMINISTRA- the policyholder of the premium charged for (ii) shall be equal to 90 percent of that por- TION OF CLAIMS. insured losses covered by the Program and tion of the amount of aggregate insured (a) GENERAL AUTHORITY.—The Secretary the Federal share of compensation for in- losses that— shall have the powers and authorities nec- sured losses under the Program— (I) exceeds the participating insurance essary to carry out the Program, including (A) in the case of any policy covering an company deductibles required to be paid for authority— insured loss that is issued on or after the those insured losses; and (1) to investigate and audit all claims date of enactment of this Act, in the policy, (II) exceeds $10,000,000,000. under the Program; and at the time of offer, purchase, and renewal of (B) EXTENSION PERIOD.—If the Program is (2) to prescribe regulations and procedures the policy; and extended in accordance with section 6, the to implement the Program. (B) in the case of any policy that is issued Federal share of compensation under the (b) INTERIM RULES AND PROCEDURES.—The before the date of enactment of this Act, not Program to be paid by the Secretary for in- Secretary shall issue interim final rules or later than 90 days after that date of enact- sured losses resulting from an act of ter- procedures specifying the manner in which— ment; rorism occurring during the period beginning (1) participating insurance companies may (3) the participating insurance company on January 1, 2003 and ending at midnight on file, verify, and certify claims under the Pro- processes the claim for the insured loss in December 31, 2003, shall be calculated in ac- gram; accordance with its standard business prac- cordance with clauses (i) and (ii) of subpara- (2) the Secretary shall publish or otherwise tices, and any reasonable procedures that graph (A), subject to the cap on liability in publicly announce the applicable percentage the Secretary may prescribe; and paragraph (2) and the limitation under para- of insured losses that is the responsibility of (4) the participating insurance company graph (6). participating insurance companies and the submits to the Secretary, in accordance with (C) PRO RATA SHARE.—If, during the period percentage that is the responsibility of the such reasonable procedures as the Secretary described in subparagraph (A) (or during the Federal Government under the Program; may establish— period described in subparagraph (B), if the (3) the Federal share of compensation for (A) a claim for payment of the Federal Program is extended in accordance with sec- insured losses will be paid under the Pro- share of compensation for insured losses tion 6), the aggregate insured losses for that gram, including payments based on esti- under the Program; period exceed $10,000,000,000, the Secretary mates of or actual aggregate insured losses; (B) written verification and certification— shall determine the pro rata share for each (4) the Secretary may, at any time, seek (i) of the underlying claim; and participating insurance company of the Fed- repayment from or reimburse any partici- (ii) of all payments made for insured eral share of compensation for insured losses pating insurance company, based on esti- losses; and calculated under subparagraph (A). mates of insured losses under the Program,

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S365 to effectuate the insured loss sharing provi- (2) extending the Program for an addi- port submitted under paragraph (3), and sions contained in section 4; tional year would likely encourage economic upon request, the Secretary, the Secretary of (5) each participating insurance company stabilization and facilitate a transition to a Commerce, the Chairman of the Federal that incurs insured losses shall pay its pro viable market for private terrorism risk in- Trade Commission, and the NAIC shall pro- rata share of insured losses, in accordance surance. vide to the Comptroller all documents, with section 4; and (d) CONTINUING AUTHORITY TO PAY OR AD- records, and any other information that the (6) the Secretary will determine any final JUST COMPENSATION.—Following the termi- Comptroller deems necessary to carry out netting of payments for actual insured losses nation of the Program under subsection (a), such evaluation. under the Program, including payments the Secretary may take such actions as may (B) REPORT TO CONGRESS.—Not later than owed to the Federal Government from any be necessary to ensure payment, reimburse- 90 days after receipt of each report sub- participating insurance company and any ment, or adjustment of compensation for in- mitted under paragraph (3), the Comptroller Federal share of compensation for insured sured losses arising out of any act of ter- General of the United States shall submit to losses owed to any participating insurance rorism occurring during the period in which Congress a report of the evaluation required company, to effectuate the insured loss shar- the Program was in effect under this Act, in by subparagraph (A). accordance with the provisions of section 4 ing provisions contained in section 4. (i) STUDY OF RESERVES FOR CERTAIN TYPES and regulations promulgated thereunder. (c) SUBROGATION RIGHTS.—The United OF INSURANCE FOR TERRORIST OR OTHER CAT- (e) REPEAL; SAVINGS CLAUSE.—This Act, States shall have the right of subrogation ASTROPHIC EVENTS.— other than section 10, is repealed at mid- with respect to any payment made by the (1) IN GENERAL.—The Secretary shall con- United States under the Program. night on the final termination date of the Program under subsection (a), except that duct a study of issues relating to permitting (d) CONTRACTS FOR SERVICES.—The Sec- insurance companies that provide property retary may employ persons or contract for such repeal shall not be construed— (1) to prevent the Secretary from taking, and casualty insurance, life insurance, and services, as may be necessary to implement other lines of insurance coverage to establish the Program. or causing to be taken, such actions under subsection (d) of this section and sections deductible reserves against losses for future (e) CIVIL PENALTIES.—The Secretary may acts of terrorism, including— assess civil money penalties for violations of 4(e)(4), 4(e)(5), 5(a)(1), 5(c), 5(d), and 5(e) (as in effect on the day before the date of such re- (A) whether such tax-favored reserves this Act or any rule, regulation, or order would promote— issued by the Secretary under this Act relat- peal), and applicable regulations promul- gated thereunder, during any period in which (i) insurance coverage of risks of terrorism; ing to the submission of false or misleading and information for purposes of the Program, or the authority of the Secretary under sub- (ii) the accumulation of additional re- any failure to repay any amount required to section (d) of this section is in effect; or sources needed to satisfy potential claims re- be reimbursed under regulations or proce- (2) to prevent the availability of funding sulting from such risks; dures described in section 5(b). The authority under section 9(b) during any period in which (B) the lines of business for which such re- granted under this subsection shall continue the authority of the Secretary under sub- serves would be appropriate, including during any period in which the Secretary’s section (d) of this section is in effect. whether such reserves for property and cas- authority under section 6(d) is in effect. (f) SENSE OF THE CONGRESS.—It is the sense of the Congress that the Secretary should ualty insurance should be applied to personal SEC. 6. TERMINATION OF PROGRAM; DISCRE- or commercial lines of business; TIONARY EXTENSION. make any determination under subsection (a) in sufficient time to enable participating (C) how the amount of such reserves would (a) TERMINATION OF PROGRAM.— insurance companies to include coverage for be determined; (1) IN GENERAL.—The Program shall termi- (D) how such reserves would be adminis- nate at midnight on December 31, 2002, un- acts of terrorism in their policies for 2003. (g) STUDY AND REPORT ON SCOPE OF THE tered; less the Secretary— PROGRAM.— (E) a comparison of the Federal tax treat- (A) determines, after considering the re- (1) STUDY.—The Secretary, after consulta- ment of such reserves with other insurance port and finding required by this section, tion with the NAIC, representatives of the reserves permitted under Federal tax laws; that the Program should be extended for one insurance industry, and other experts in the (F) an analysis of the use of tax-favored re- additional year, until midnight on December insurance field, shall conduct a study of the serves for catastrophic events, including acts 31, 2003; and potential effects of acts of terrorism on the of terrorism, under the tax laws of foreign (B) promptly notifies the Congress of such availability of life insurance and other lines countries; and determination and the reasons therefor. of insurance coverage. (G) whether it would be appropriate to per- (2) DETERMINATION FINAL.—The determina- (2) REPORT.—Not later than 9 months after mit similar reserves for other future cata- tion of the Secretary under paragraph (1) the date of enactment of this Act, the Sec- strophic events, such as natural disasters, shall be final, and shall not be subject to ju- retary shall submit a report to the Congress taking into account the factors under the dicial review. on the results of the study conducted under preceding paragraphs. (3) TERMINATION AFTER EXTENSION.—If the paragraph (1). (2) REPORT.—Not later than 6 months after Program is extended under paragraph (1), the (h) REPORTS REGARDING TERRORISM RISK the date of enactment of this Act, the Sec- Program shall terminate at midnight on De- INSURANCE PREMIUMS.— retary shall submit a report to Congress on cember 31, 2003. (1) REPORT TO THE NAIC.—Beginning 6 the results of the study under paragraph (1), (b) REPORT TO CONGRESS.—Not later than 9 months after the date of enactment of this months after the date of enactment of this together with recommendations for amend- Act, and every 6 months thereafter, each ing the Internal Revenue Code of 1986, or Act, the Secretary shall submit a report to participating insurance company shall sub- other appropriate action. Congress— mit a report to the NAIC that states the pre- (1) regarding— mium rates charged by that participating in- SEC. 7. PRESERVATION OF STATE LAW. (A) the availability of insurance coverage surance company during the preceding 6- Nothing in this Act shall affect the juris- for acts of terrorism; month period for insured losses covered by diction or regulatory authority of the insur- (B) the affordability of such coverage, in- the Program, and includes an explanation of ance commissioner (or any agency or office cluding the effect of such coverage on pre- and justification for those rates. performing like functions) of any State over miums; and (2) REPORTS FORWARDED.—The NAIC shall any participating insurance company or (C) the capacity of the insurance industry promptly forward copies of each report sub- other person— to absorb future losses resulting from acts of mitted under paragraph (1) to the Secretary, (1) except as specifically provided in this terrorism, taking into account the profit- the Secretary of Commerce, the Chairman of Act; and ability of the insurance industry; and the Federal Trade Commission, and the (2) except that— (2) that considers— Comptroller General of the United States. (A) the definition of the term ‘‘act of ter- (A) the impact of the Program on each of (3) AGENCY REPORTS TO CONGRESS.— rorism’’ in section 3 shall be the exclusive the factors described in paragraph (1); and (A) IN GENERAL.—The Secretary, the Sec- definition of that term for purposes of com- (B) the probable impact on such factors retary of Commerce, and the Chairman of pensation for insured losses under this Act, and on the United States economy if the the Federal Trade Commission shall submit and shall preempt any provision of State law Program terminates at midnight on Decem- joint reports to Congress and the Comp- that is inconsistent with that definition, to ber 31, 2002. troller General of the United States summa- the extent that such provision of law would (c) FINDING REQUIRED.—A determination rizing and evaluating the reports forwarded otherwise apply to any type of insurance under subsection (a) to extend the Program under paragraph (2). covered by this Act; shall be based on a finding by the Secretary (B) TIMING.—The reports required under (B) during the period beginning on the date that— subparagraph (A) shall be submitted— of enactment of this Act and ending at mid- (1) widespread market uncertainties con- (i) 9 months after the date of enactment of night on December 31, 2002, rates for ter- tinue to disrupt the ability of insurance this Act; and rorism risk insurance covered by this Act companies to price insurance coverage for (ii) 12 months after the date of submission and filed with any State shall not be subject losses resulting from acts of terrorism, of the first report under clause (i). to prior approval or a waiting period, under thereby resulting in the continuing unavail- (4) GAO EVALUATION AND REPORT.— any law of a State that would otherwise be ability of affordable insurance for con- (A) EVALUATION.—The Comptroller General applicable, except that nothing in this Act sumers; and of the United States shall evaluate each re- affects the ability of any State to invalidate

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S366 CONGRESSIONAL RECORD — SENATE February 5, 2002 a rate as excessive, inadequate, or unfairly SA 2795. Mr. BOND submitted an ‘‘(1) IN GENERAL.—The term ‘qualified fos- discriminatory; and amendment intended to be proposed by ter care payment’ means any payment made (C) during the period beginning on the date him to the bill H.R. 622 to amend the pursuant to a foster care program of a State of enactment of this Act and for so long as Internal Revenue Code of 1986 to ex- or political subdivision thereof— the Program is in effect, as provided in sec- ‘‘(A) which is paid by— tion 6 (including any period during which the pand the adoption credit, and for other ‘‘(i) a State or political subdivision there- authority of the Secretary under section 6(d) purposes; which was ordered to lie on of, or is in effect), books and records of any par- the table; as follows: ‘‘(ii) a qualified foster care placement ticipating insurance company that are rel- At the end, add the following: agency, and’’. evant to the Program shall be provided, or SEC. ll. TREATMENT OF CERTAIN INDIVIDUALS (b) QUALIFIED FOSTER INDIVIDUALS TO IN- caused to be provided, to the Secretary or PERFORMING SERVICES IN CERTAIN CLUDE INDIVIDUALS PLACED BY QUALIFIED the designee of the Secretary, upon request HAZARDOUS DUTY AREAS. PLACEMENT AGENCIES.—Subparagraph (B) of by the Secretary or such designee, notwith- (a) GENERAL RULE.—For purposes of the section 131(b)(2) (defining qualified foster in- standing any provision of the laws of any following provisions of the Internal Revenue dividual) is amended to read as follows: State prohibiting or limiting such access. Code of 1986, a qualified hazardous duty area ‘‘(B) a qualified foster care placement SEC. 8. SENSE OF THE CONGRESS REGARDING shall be treated in the same manner as if it agency.’’ CAPACITY BUILDING. were a combat zone (as determined under (c) QUALIFIED FOSTER CARE PLACEMENT It is the sense of the Congress that the in- section 112 of such Code): AGENCY DEFINED.—Subsection (b) of section surance industry should build capacity and (1) Section 2(a)(3) (relating to special rule 131 is amended by redesignating paragraph aggregate risk to provide affordable property where deceased spouse was in missing sta- (3) as paragraph (4) and by inserting after and casualty insurance coverage for ter- tus). paragraph (2) the following new paragraph: rorism risk. (2) Section 112 (relating to the exclusion of ‘‘(3) QUALIFIED FOSTER CARE PLACEMENT SEC. 9. AUTHORIZATION OF APPROPRIATIONS; certain combat pay of members of the Armed AGENCY.—The term ‘qualified foster care PAYMENT AUTHORITY. Forces). placement agency’ means any placement (a) ADMINISTRATIVE EXPENSES.—There are (3) Section 692 (relating to income taxes of agency which is licensed or certified by— authorized to be appropriated to the Sec- members of Armed Forces and victims of ‘‘(A) a State or political subdivision there- retary, out of funds in the Treasury not oth- certain terrorist attacks on death). of, or erwise appropriated, such sums as may be (4) Section 2201 (relating to combat zone- ‘‘(B) an entity designated by a State or po- necessary for administrative expenses of the related deaths of members of the Armed litical subdivision thereof, Forces and deaths of victims of certain ter- Program, to remain available until ex- for the foster care program of such State or pended. rorist attacks). political subdivision to make foster care (b) PAYMENT AUTHORITY.—This Act con- (5) Section 3401(a)(1) (defining wages relat- payments to providers of foster care.’’ stitutes payment authority in advance of ap- ing to combat pay for members of the Armed (d) EFFECTIVE DATE.—The amendments propriation Acts, and represents the obliga- Forces). made by this section shall apply to taxable tion of the Federal Government to provide (6) Section 4253(d) (relating to the taxation years beginning after December 31, 2001. for the Federal share of compensation for in- of phone service originating from a combat sured losses under the Program. zone from members of the Armed Forces). SA 2797. Mr. BOND submitted an SEC. 10. PROCEDURES FOR CIVIL ACTIONS. (7) Section 6013(f)(1) (relating to joint re- amendment intended to be proposed to (a) FEDERAL CAUSE OF ACTION.— turn where individual is in missing status). (1) IN GENERAL.—There shall exist a Fed- (8) Section 7508 (relating to time for per- amendment SA 2698 submitted by Mr. eral cause of action for property damage, forming certain acts postponed by reason of DASCHLE and intended to be proposed personal injury, or death arising out of or re- service in combat zone). to the bill (H.R. 622) to amend the In- sulting from an act of terrorism, which shall (b) QUALIFIED HAZARDOUS DUTY AREA.—For ternal Revenue Code of 1986 to expand be the exclusive cause of action and remedy purposes of this section, the term ‘‘qualified the adoption credit, and for other pur- for claims for such property damage, per- hazardous duty area’’ means Somalia, if for poses; which was ordered to lie on the the period beginning on December 3, 1992, sonal injury, or death, except as provided in table; as follows: subsection (d). and ending before March 31, 1995, any mem- (2) PREEMPTION OF STATE ACTIONS.—All ber of the Armed Forces of the United States At the end, add the following: State causes of action of any kind for prop- was entitled to special pay under section 310 SEC. ll. TREATMENT OF CERTAIN INDIVIDUALS erty damage, personal injury, or death aris- of title 37, United States Code (relating to PERFORMING SERVICES IN CERTAIN ing out of or resulting from an act of ter- special pay; duty subject to hostile fire or HAZARDOUS DUTY AREAS. rorism that are otherwise available under imminent danger) for services performed in (a) GENERAL RULE.—For purposes of the State law, are hereby preempted, except as such country. Such term includes such coun- following provisions of the Internal Revenue provided in subsection (d). try only during the period such entitlement Code of 1986, a qualified hazardous duty area (b) GOVERNING LAW.—The substantive law was in effect. shall be treated in the same manner as if it for decision in an action described in sub- (c) EFFECTIVE DATE; SPECIAL RULE.— were a combat zone (as determined under section (a)(1) shall be derived from the law, (1) EFFECTIVE DATE.—The provisions of this section 112 of such Code): including applicable choice of law principles, section shall take effect on the date of the (1) Section 2(a)(3) (relating to special rule of the State in which the act of terrorism enactment of this Act. where deceased spouse was in missing sta- giving rise to the action occurred, except to (2) SPECIAL RULE.—If refund or credit of tus). the extent that— any overpayment of tax resulting from the (2) Section 112 (relating to the exclusion of (1) the law, including choice of law prin- application of this section is prevented at certain combat pay of members of the Armed ciples, of another State is determined to be any time on or before April 15, 2003, by the Forces). applicable to the action by the district court operation of any law or rule of law (including (3) Section 692 (relating to income taxes of hearing the action; or res judicata), refund or credit of such over- members of Armed Forces and victims of (2) otherwise applicable State law (includ- payment (to the extent attributable to the certain terrorist attacks on death). ing that determined pursuant to paragraph application of this section) may, neverthe- (4) Section 2201 (relating to combat zone- (1), is inconsistent with or otherwise pre- less, be made or allowed if claim therefor is related deaths of members of the Armed empted by Federal law. filed on or before April 15, 2003. Forces and deaths of victims of certain ter- (c) PUNITIVE DAMAGES.—Any amounts rorist attacks). awarded in a civil action described in sub- SA 2796. Mr. BUNNING submitted an (5) Section 3401(a)(1) (defining wages relat- section (a)(1) that are attributable to puni- amendment intended to be proposed to ing to combat pay for members of the Armed tive damages shall not count as insured amendment SA 2698 submitted by Mr. Forces). losses for purposes of this Act. DASCHLE and intended to be proposed (6) Section 4253(d) (relating to the taxation (d) CLAIMS AGAINST TERRORISTS.—Nothing to the bill (H.R. 622) to amend the In- of phone service originating from a combat in this section shall in any way be construed zone from members of the Armed Forces). to limit the ability of any plaintiff to seek ternal Revenue Code of 1986 to expand (7) Section 6013(f)(1) (relating to joint re- any form of recovery from any person, gov- the adoption credit, and for other pur- turn where individual is in missing status). ernment, or other entity that was a partici- poses; which was ordered to lie on the (8) Section 7508 (relating to time for per- pant in, or aider and abettor of, any act of table; as follows: forming certain acts postponed by reason of terrorism. At the end of title V add the following: service in combat zone). (e) EFFECTIVE PERIOD.—This section shall SEC. ll. EXCLUSION FOR FOSTER CARE PAY- (b) QUALIFIED HAZARDOUS DUTY AREA.—For apply only to actions described in subsection MENTS TO APPLY TO PAYMENTS BY purposes of this section, the term ‘‘qualified (a)(1) arising out of or resulting from acts of QUALIFIED PLACEMENT AGENCIES. hazardous duty area’’ means Somalia, if for terrorism that occur during the effective pe- (a) IN GENERAL.—The matter preceding the period beginning on December 3, 1992, riod of the Program, including, if applicable, subparagraph (B) of section 131(b)(1) (defin- and ending before March 31, 1995, any mem- any extension period provided for under sec- ing qualified foster care payment) is amend- ber of the Armed Forces of the United States tion 6. ed to read as follows: was entitled to special pay under section 310

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S367 of title 37, United States Code (relating to (3) utilize up to three existing employees of (2) for purposes of Revenue Procedure 71– special pay; duty subject to hostile fire or the Department of Commerce, as may be as- 21, shall be deemed earned as of the date the imminent danger) for services performed in signed by the Secretary; and tour departs. such country. Such term includes such coun- (4) conduct any and all acts necessary and try only during the period such entitlement proper to carry out the purposes of this title. SA 2800. Mr. FRIST submitted an was in effect. SEC. ll04. UNITED STATES TRAVEL AND TOUR- amendment intended to be proposed by (c) EFFECTIVE DATE; SPECIAL RULE.— ISM PROMOTION BUREAU ADVISORY him to the bill H.R. 622, to amend the (1) EFFECTIVE DATE.—The provisions of this COMMITTEE. Internal Revenue Code of 1986 to ex- section shall take effect on the date of the (a) ESTABLISHMENT.—There is established a enactment of this Act. United States Travel and Tourism Pro- pand the adoption credit, and for other (2) SPECIAL RULE.—If refund or credit of motion Bureau Advisory Committee for the purposes; which was ordered to lie on any overpayment of tax resulting from the purpose of recommending activities to the the table; as follows: application of this section is prevented at Bureau. At the end add the following: (b) MEMBERS.—Within 30 days after enact- any time on or before April 15, 2003, by the SEC. ll. ACCESS TO UNUSED ACCOUNT BAL- operation of any law or rule of law (including ment of this Act, the Secretary of Commerce ANCES IN FLEXIBLE SPENDING AR- res judicata), refund or credit of such over- shall appoint the members of the Advisory RANGEMENTS BY INVOLUNTARILY payment (to the extent attributable to the Committee as follows: SEPARATED EMPLOYEES. application of this section) may, neverthe- (1) 1 member representing the aviation in- (a) IN GENERAL.—Section 125 of the Inter- less, be made or allowed if claim therefor is dustry; nal Revenue Code of 1986 (relating to cafe- filed on or before April 15, 2003. (2) 1 member representing airline workers; teria plans) is amended by redesignating sub- (3) 1 member representing the hotel indus- sections (h) and (i) as subsections (i) and (j), SA 2798. Mr. GRAHAM submitted an try; respectively, and by inserting after sub- amendment intended to be proposed by (4) 1 member representing hotel workers; section (g) the following: him to the bill H.R. 622, to amend the (5) 1 member representing the restaurant ‘‘(h) ACCESS TO UNUSED ACCOUNT BALANCE Internal Revenue Code of 1986 to ex- industry; IN FSA BY CERTAIN INVOLUNTARILY SEPA- pand the adoption credit, and for other (6) 1 member representing restaurant RATED EMPLOYEES.— purposes; which was ordered to lie on workers; ‘‘(1) IN GENERAL.—For purposes of this the table; as follows: (7) 1 member representing amusement title, a plan or other arrangement shall not parks; and fail to be treated as a flexible spending or At the end of the bill insert the following: (8) 1 member of the Rural Tourism Founda- similar arrangement solely because under TITLE ll—TRAVEL AND TOURISM tion; such arrangement an individual (or any des- PROMOTION (c) CHAIR.—The Advisory Committee shall ignated heir of such individual) during a SEC. ll01. SHORT TITLE. elect a Chair for an initial term of 6 months. qualified period has the option of— This title may be cited as the ‘‘Rediscover After such initial term, the Chair shall be ‘‘(A) receiving as a cash payment any un- America Act of 2002’’. elected for such term as the Committee may used account balance in such arrangement SEC. ll02. FINDINGS AND PURPOSE. designate. with respect to such individual remaining on (a) FINDINGS.—Congress finds that— (d) VACANCIES.—If a vacancy occurs in the the date of an involuntary separation of em- (1) the revitalization of the travel and membership of the Committee, the Secretary ployment, the receipt of which is includible tourism industry following the September 11, of Commerce shall fill the vacancy, provided in gross income, or 2001, terrorist attacks on the United States that the membership of the Committee re- ‘‘(B) applying such unused account balance is a national economic necessity; mains consistent with subsection (b). to the payment of any premium for health (2) in light of the effect that the attacks SEC. ll05. QUARTERLY REPORTING PROVISION. insurance coverage of such individual (in- have had on the tourism industry, it is im- Not less than once every 90 days, the Bu- cluding any premium required for coverage portant to put measures immediately into reau shall report to the U.S. Senate Com- described in section 4980B(f)) in the same place to restore consumer confidence in trav- mittee on Commerce, Science and Transpor- manner as the payment of any allowable ex- el and in the economy; tation and the U.S. House of Representatives pense under such arrangement prior to such (3) safety and security in travel is of ut- Committee on Energy and Commerce on— qualified period, the receipt of which is not most importance in order to restore con- (1) the Bureau’s activities to promote trav- includible in gross income. sumer confidence in the industry; el and tourism; and ‘‘(2) DEFINITIONS.—For purposes of this sub- (4) the travel and tourism industry has a (2) the state of the travel and tourism in- section— large impact on the U.S. economy—adding dustry. ‘‘(A) INVOLUNTARY SEPARATION FROM EM- nearly 5 percent to the GDP, generating SEC. ll06. SUNSET. PLOYMENT.—The term ‘involuntary separa- more than $578,000,000 in revenues, sup- The provisions of this title shall terminate tion from employment’ includes separation porting more than 17,000,000 million jobs, and two years after the date of enactment of this caused by disability or death. providing a $14,000,000 trade surplus for the Act. ‘‘(B) QUALIFIED PERIOD.—The term ‘quali- country; and SEC. ll07. AUTHORIZATION OF APPROPRIA- fied period’ means a period beginning on the (5) more than 95 percent of the businesses TIONS. date of an involuntary separation from em- in travel and tourism are small to medium (a) APPROPRIATION.—Of the funds provided ployment and ending on the earlier of— sized enterprises. in Public Law 107–38, not less than $60,000,000 ‘‘(i) the date which is 60 days after such (b) PURPOSE.—The purpose of this title is shall be used for the purpose of carrying out date of involuntary separation, or to assist the travel and tourism industry in this title. ‘‘(ii) the last day of the calendar year in its effort to restore consumer confidence in (b) AVAILABILITY OF FUNDS.—The funds which such date of involuntary separation the wake of the September 11, 2001, terrorist made available pursuant to subsection (a) occurs. attacks on the United States. shall be available to be expended in fiscal ‘‘(C) UNUSED ACCOUNT BALANCE.—The term SEC. ll03. UNITED STATES TRAVEL AND TOUR- years 2002, 2003, and 2004. ‘unused account balance’ means the excess ISM PROMOTION BUREAU. (if any) of— (a) ESTABLISHMENT.—The Secretary of SA 2799. Mr. GRAHAM submitted an ‘‘(i) an amount equal to— Commerce shall designate an employee of amendment intended to be proposed by ‘‘(I) 1⁄12 of the agreed upon foregone remu- the Department of Commerce to be respon- him to the bill H.R. 622, to amend the neration of the individual for the calendar sible for establishing a Travel and Tourism Internal Revenue Code of 1986 to ex- year under a flexible spending or similar ar- Promotion Board. rangement, times (b) PURPOSE.—The Bureau shall— pand the adoption credit, and for other ‘‘(II) the number of months in such cal- (1) work to help restore consumer con- purposes; which was ordered to lie on endar year ending with the month in which fidence in travel in the two years following the table; as follows: the date of the involuntary separation from the September 11, 2001, terrorist attacks on At the end, add the following: employment of such individual occurs, over the United States; and SEC. . METHOD OF ACCOUNTING FOR DEPOSITS ‘‘(ii) the amount of allowable expenses of (2) work in conjunction with private indus- RECEIVED BY ACCRUAL BASIS TOUR such individual for such calendar year paid try and industry employee representatives to OPERATORS. or accrued under such arrangement prior to design and implement public service an- In the case of a tour operator using an ac- such date.’’. nouncements and advertising to promote crual method of accounting, amounts re- (b) EFFECTIVE DATE.—The amendments tourism, encouraging Americans and foreign ceived from or on behalf of passengers in ad- made by this section shall apply to involun- visitors to rediscover the nation’s treasures. vance of the departure of a tour arranged by tary separations after December 31, 2001. (c) POWERS.—To carry out the purposes of such operator— this title, the Bureau may— (1) shall be treated as properly accounted (1) distribute funds to any travel and tour- for under the Internal Revenue Code of 1986 SA 2801. Mr. SCHUMER (for himself, ism related organization or association; if they are accounted for under a method and Mrs. CLINTON) submitted an (2) enter into contracts with private orga- permitted by section 3 of Revenue Procedure amendment intended to be proposed by nizations or business; 71–21, and him to the bill H.R. 622, to amend the

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S368 CONGRESSIONAL RECORD — SENATE February 5, 2002 Internal Revenue Code of 1986 to ex- ‘‘(iv) in determining qualified wages, the ‘‘(II) after application of section 280F(b) pand the adoption credit, and for other following shall apply in lieu of section 51(b): (relating to listed property with limited purposes; which was ordered to lie on ‘‘(I) QUALIFIED WAGES.—The term ‘qualified business use). the table; as follows: wages’ means the wages paid or incurred by ‘‘(ii) ELECTION OUT.—If a taxpayer makes the employer for work performed during the an election under this clause with respect to At the end, add the following: period beginning on September 11, 2001, and any class of property for any taxable year, TITLE VI—TAX INCENTIVES FOR NEW ending on December 31, 2004, to individuals this subsection shall not apply to all prop- YORK CITY who are New York Liberty Zone business em- erty in such class placed in service during SEC. 601. TAX BENEFITS FOR AREA OF NEW YORK ployees of such employer. such taxable year. CITY DAMAGED IN TERRORIST AT- ‘‘(II) ONLY FIRST $6,000 OF WAGES PER TAX- ‘‘(D) SPECIAL RULES.— TACKS ON SEPTEMBER 11, 2001. ABLE YEAR TAKEN INTO ACCOUNT.—The ‘‘(i) SELF-CONSTRUCTED PROPERTY.—In the (a) IN GENERAL.—Chapter 1 is amended by amount of the qualified wages which may be case of a taxpayer manufacturing, con- adding at the end the following new sub- taken into account with respect to any indi- structing, or producing property for the tax- chapter: vidual shall not exceed $6,000 per taxable payer’s own use, the requirements of clause ‘‘Subchapter Y—New York Liberty Zone year of the employer. (iv) of subparagraph (A) shall be treated as Benefits ‘‘(b) SPECIAL ALLOWANCE FOR CERTAIN met if the taxpayer begins manufacturing, ‘‘Sec. 1400L. Tax benefits for New York Lib- PROPERTY ACQUIRED AFTER SEPTEMBER 10, constructing, or producing the property after erty Zone. 2001.— September 10, 2001, and before the termi- ‘‘SEC. 1400L. TAX BENEFITS FOR NEW YORK LIB- ‘‘(1) ADDITIONAL ALLOWANCE.—In the case of nation date. ERTY ZONE. any qualified New York Liberty Zone prop- ‘‘(ii) SALE-LEASEBACKS.—For purposes of ‘‘(a) EXPANSION OF WORK OPPORTUNITY TAX erty— subparagraph (A)(iii), if property— CREDIT.— ‘‘(A) the depreciation deduction provided ‘‘(I) is originally placed in service after ‘‘(1) IN GENERAL.—For purposes of section by section 167(a) for the taxable year in September 10, 2001, by a person, and 51, a New York Liberty Zone business em- which such property is placed in service shall ‘‘(II) sold and leased back by such person ployee shall be treated as a member of a tar- include an allowance equal to 30 percent of within 3 months after the date such property geted group. the adjusted basis of such property, and was originally placed in service, ‘‘(2) NEW YORK LIBERTY ZONE BUSINESS EM- ‘‘(B) the adjusted basis of the qualified New such property shall be treated as originally PLOYEE.—For purposes of this subsection— York Liberty Zone property shall be reduced placed in service not earlier than the date on ‘‘(A) IN GENERAL.—The term ‘New York by the amount of such deduction before com- Liberty Zone business employee’ means, puting the amount otherwise allowable as a which such property is used under the lease- with respect to any taxable year which in- depreciation deduction under this chapter back referred to in subclause (II). cludes any portion of the period beginning for such taxable year and any subsequent ‘‘(E) ALLOWANCE AGAINST ALTERNATIVE MIN- after September 10, 2001, and ending before taxable year. IMUM TAX.—The deduction allowed by this January 1, 2004, any employee of a New York ‘‘(2) QUALIFIED NEW YORK LIBERTY ZONE subsection shall be allowed in determining Liberty Zone business if— PROPERTY.—For purposes of this subsection— alternative minimum taxable income under ‘‘(i) substantially all the services per- ‘‘(A) IN GENERAL.—The term ‘qualified New section 55. formed during such portion of such taxable York Liberty Zone property’ means prop- ‘‘(c) TAX-EXEMPT BOND FINANCING.— year by such employee for such business are erty— ‘‘(1) IN GENERAL.—For purposes of this performed in an area described in subpara- ‘‘(i)(I) to which this section applies which title, any qualified New York Liberty Bond graph (B) in a trade or business of such busi- has a recovery period of 20 years or less or shall be treated as an exempt facility bond. ness, which is water utility property, ‘‘(2) QUALIFIED NEW YORK LIBERTY BOND.— ‘‘(ii) the annual rate of remuneration re- ‘‘(II) which is computer software (as de- For purposes of this subsection, the term ceived by such employee for such services fined in section 167(f)(1)(B)) for which a de- ‘qualified New York Liberty Bond’ means during such portion of such taxable year duction is allowable under section 167(a) any bond issued as part of an issue if— does not exceed $200,000, and without regard to this subsection, or ‘‘(A) 95 percent or more of the net proceeds ‘‘(iii) with respect to any employee of such ‘‘(III) which is nonresidential real property (as defined in section 150(a)(3)) of such issue business described in subparagraph (B)(i)(II), or residential rental property which is de- are to be used for qualified project costs, such employee is designated by such business scribed in subparagraph (B), ‘‘(B) such bond is issued by the State of as a New York Liberty Zone business em- ‘‘(ii) substantially all of the use of which is New York or any political subdivision there- ployee for purposes of this subsection, except in the New York Liberty Zone and is in the of (or any agency, instrumentality or con- that the total employees so designated for active conduct of a trade or business by the stituted authority on behalf thereof), any taxable year shall not exceed the lesser taxpayer in such Zone, ‘‘(C) the Governor of the State of New of 250 employees or the excess of— ‘‘(iii) the original use of which in the New York or the Mayor of the City of New York, ‘‘(I) the number of employees of such busi- York Liberty Zone commences with the tax- designates such bond for purposes of this sec- ness on September 11, 2001, in the New York payer after September 10, 2001, tion, and Liberty Zone, over ‘‘(iv) which is acquired by the taxpayer by ‘‘(D) such bond is issued during calendar ‘‘(II) the number of employees of such busi- purchase (as defined in section 179(d)) after year 2002, 2003, or 2004. ness treated as New York Liberty Zone busi- September 10, 2001, but only if no written ‘‘(3) LIMITATIONS ON AMOUNT OF BONDS.— ness employees for such taxable year with binding contract for the acquisition was in ‘‘(A) AGGREGATE AMOUNT DESIGNATED.—The respect to any business located in the New effect before September 11, 2001, and6 maximum aggregate face amount of bonds York Liberty Zone. ‘‘(v) which is placed in service by the tax- which may be designated under this sub- The Secretary may require any business to payer on or before the termination date. section shall not exceed $8,000,000,000, of have the number determined under clause The term ‘termination date’ means Decem- which not to exceed $4,000,000,000 may be des- (iii)(I) verified by the New York State De- ber 31, 2006 (December 31, 2009, in the case of ignated by the Governor of the State of New partment of Labor. nonresidential real property and residential York and not to exceed $4,000,000,000 may be ‘‘(B) NEW YORK LIBERTY ZONE BUSINESS.— rental property). designated by the Mayor of the City of New The term ‘New York Liberty Zone business’ ‘‘(B) ELIGIBLE REAL PROPERTY.—Nonresi- York. means any business which is— dential real property or residential rental ‘‘(B) SPECIFIC LIMITATIONS.—The aggregate ‘‘(i) located in the New York Liberty Zone, property is described in this subparagraph if face amount of bonds issued which are to be or it rehabilitates property damaged, or re- used for— ‘‘(ii) located in the City of New York, New places property destroyed or condemned, as a ‘‘(i) costs for property located outside the York, outside the New York Liberty Zone, as result of the September 11, 2001, terrorist at- New York Liberty Zone shall not exceed the result of the physical destruction or tack. For purposes of the preceding sentence, $2,000,000,000, damage of such place of business by the Sep- property shall be treated as replacing prop- ‘‘(ii) costs with respect to residential prop- tember 11, 2001, terrorist attack. erty so destroyed if, as part of an integrated erty— ‘‘(C) SPECIAL RULES FOR DETERMINING plan, such property replaces property which ‘‘(I) shall not exceed $1,600,000,000, and AMOUNT OF CREDIT.—For purposes of applying is included in a continuous area which in- ‘‘(II) shall not include, on a project by subpart E of part IV of subchapter B of this cludes property so destroyed. project basis, per-unit qualified project costs chapter to wages paid or incurred to any ‘‘(C) EXCEPTIONS.— that exceed the maximum per-unit allowable New York Liberty Zone business employee— ‘‘(i) ALTERNATIVE DEPRECIATION PROP- costs within the discretionary authority of ‘‘(i) section 51(a) shall be applied by sub- ERTY.—The term ‘qualified New York Lib- the Secretary of Housing and Urban Develop- stituting ‘qualified wages’ for ‘qualified erty Zone property’ shall not include any ment under section 221(a)(3)(ii) of the Na- first-year wages’, property to which the alternative deprecia- tional Housing Act (12 U.S.C. 17151(d)(3)(ii)), ‘‘(ii) the rules of section 52 shall apply for tion system under section 168(g) applies, de- and purposes of determining the number of em- termined— ‘‘(iii) costs with respect to property used ployees under subparagraph (A)(iii), ‘‘(I) without regard to paragraph (7) of sec- for retail sales of tangible property and func- ‘‘(iii) subsections (c)(4) and (i)(2) of section tion 168(g) (relating to election to have sys- tionally related and subordinate property 51 shall not apply, and tem apply), and shall not exceed $800,000,000.

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S369 The limitations under clauses (i), (ii), and dinate to such facilities for the furnishing of with respect to property which is (iii) shall be applied proportionately to the water), one additional advanced refunding compulsorily or involuntarily converted as a bonds designated under this subsection by after December 31, 2001, and before January result of the terrorist attacks on September the Governor of the State of New York and 1, 2005, shall be allowed under the applicable 11, 2001, in the New York Liberty Zone but the Mayor of the City of New York. rules of section 149(d) if the requirements of only if substantially all of the use of the re- ‘‘(C) MOVABLE PROPERTY.—No bonds shall paragraphs (3) and (4) are met. placement property is in the City of New be issued which are to be used for movable ‘‘(2) BONDS DESCRIBED.—A bond is described York, New York. fixtures and equipment. in this paragraph if such bond was out- ‘‘(g) NEW YORK LIBERTY ZONE.—For pur- ‘‘(4) QUALIFIED PROJECT COSTS.—For pur- standing on September 11, 2001, and is— poses of this section, the term ‘New York poses of this subsection— ‘‘(A) a State or local bond (as defined in Liberty Zone’ means the area located on or ‘‘(A) IN GENERAL.—The term ‘qualified section 103(c)(1)) which is a general obliga- south of Canal Street, East Broadway (east project costs’ means the cost of acquisition, tion of the City of New York, New York, of its intersection with Canal Street), or construction, reconstruction, rehabilitation, ‘‘(B) a State or local bond (as so defined) Grand Street (east of its intersection with and renovation of— other than a private activity bond (as de- East Broadway) in the Borough of Manhat- ‘‘(i) nonresidential real property and resi- fined in section 141(a)) issued by the New tan in the City of New York, New York.’’. (b) CREDIT ALLOWED AGAINST REGULAR AND dential property (including fixed tenant im- York City Municipal Water Finance Author- MINIMUM TAX.— provements associated with such property) ity or the Metropolitan Transportation Au- (1) IN GENERAL.—Subsection (c) of section located in the New York Liberty Zone, and thority (MTA) of the State of New York, or 38 (relating to limitation based on amount of ‘‘(ii) public utility property (as defined in ‘‘(C) a qualified 501(c)(3) bond (as defined in tax) is amended by redesignating paragraph section 168(i)(10)) located in the New York section 145(a)) which is a qualified hospital (3) as paragraph (4) and by inserting after Liberty Zone. bond (as defined in section 145(c)) issued by paragraph (2) the following new paragraph: ‘‘(B) COSTS FOR CERTAIN PROPERTY OUTSIDE or on behalf of either the State of New York ‘‘(3) SPECIAL RULES FOR NEW YORK LIBERTY ZONE INCLUDED .—Such term includes the cost or the City of New York, New York, or polit- ZONE BUSINESS EMPLOYEE CREDIT.— of acquisition, construction, reconstruction, ical subdivisions, agencies, or instrumental- ‘‘(A) IN GENERAL.—In the case of the New and renovation of nonresidential real prop- ities thereof. York Liberty Zone business employee cred- erty (including fixed tenant improvements ‘‘(3) APPROVAL; AGGREGATE LIMIT.—Para- it— associated with such property) located out- graph (1) shall not apply to the advance re- ‘‘(i) this section and section 39 shall be ap- side the New York Liberty Zone but within funding of any bond— plied separately with respect to such credit, the City of New York, New York, if— ‘‘(A) unless Governor of the State of New and ‘‘(i) such property is part of a project York or the Mayor of the City of New York ‘‘(ii) in applying paragraph (1) to such cred- which consists of at least 100,000 square feet designates the bond for purposes of this sub- it— of usable office or other commercial space section, and ‘‘(I) the tentative minimum tax shall be located in a single building or multiple adja- ‘‘(B) to the extent the aggregate face treated as being zero, and cent buildings, or amount of the advance refunding bond, when ‘‘(II) the limitation under paragraph (1) (as ‘‘(ii) such property consists of electric gen- added to the aggregate face amount of ad- modified by subclause (I)) shall be reduced eration facilities of not more than 150 mw to vance refunding bonds previously issued by the credit allowed under subsection (a) for provide additional energy capacity in the under this subsection, exceeds $9,000,000,000. the taxable year (other than the New York New York Liberty Zone. The limitation under subparagraph (B) shall Liberty Zone business employee credit). ‘‘(5) SPECIAL RULES.—In applying this title be applied equally between the bonds des- ‘‘(B) NEW YORK LIBERTY ZONE BUSINESS EM- to any qualified New York Liberty Bond, the ignated under subparagraph (A) by the Gov- PLOYEE CREDIT.—For purposes of this sub- following modifications shall apply: ernor of the State of New York and by the section, the term ‘New York Liberty Zone ‘‘(A) Section 146 (relating to volume caps) Mayor of the City of New York. business employee credit’ means the portion shall not apply. ‘‘(4) ADDITIONAL REQUIREMENTS.—The re- of work opportunity credit under section 51 ‘‘(B) Section 147(d) (relating to acquisition quirements of this paragraph are met if— determined under section 1400L(a).’’. of existing property not permitted) shall be ‘‘(A) all advance refundings of a bond de- (2) CONFORMING AMENDMENT.—Subclause applied by substituting ‘50 percent’ for ‘15 scribed in paragraph (2) allowed under any (II) of section 38(c)(2)(A)(ii) is amended by in- percent’ each place it appears. provision of law other than the advance re- serting ‘‘or the New York Liberty Zone busi- ‘‘(C) Section 148(f)(4)(C) (relating to excep- funding allowed under paragraph (1) were ness employee credit’’ after ‘‘employment tion from rebate for certain proceeds to be utilized before September 12, 2001, credit’’. used to finance construction expenditures) ‘‘(B) the advance refunding bond allowed (3) EFFECTIVE DATE.—The amendments shall apply to the available construction pro- under paragraph (1) is the only other out- made by this subsection shall apply to tax- ceeds of bonds issued under this section. standing bond with respect to the refunded able years ending after September 11, 2001. ‘‘(D) Repayments of principal on financing bond described in paragraph (2), and (c) CLERICAL AMENDMENT.—The table of provided by the issue— ‘‘(C) the requirements of section 148 are subchapters for chapter 1 is amended by add- ‘‘(i) may not be used to provide financing, met with respect to all bonds issued under ing at the end the following new item: and this subsection. ‘‘Subchapter Y—New York Liberty Zone ‘‘(ii) must be used not later than the close ‘‘(e) INCREASE IN EXPENSING UNDER SECTION Benefits.’’. of the 1st semiannual period beginning after 179.— the date of the repayment to redeem bonds ‘‘(1) IN GENERAL.—For purposes of section Mr. CRAIG submitted an which are part of such issue. 179— SA 2802. The requirement of clause (ii) shall be treat- ‘‘(A) the limitation under section 179(b)(1) amendment intended to be proposed by ed as met with respect to amounts received shall be increased by the lesser of— him to the bill H.R. 622, to amend the within 10 years after the date of issuance of ‘‘(i) $35,000, or Internal Revenue Code of 1986 to ex- the issue (or, in the case of refunding bond, ‘‘(ii) the cost of section 179 property which pand the adoption credit, and for other the date of issuance of the original bond) if is qualified New York Liberty Zone property purposes; which was ordered to lie on such amounts are used by the close of such 10 placed in service during the taxable year, the table; as follows: years to redeem bonds which are part of such and At the appropriate place, insert the fol- issue. ‘‘(B) the amount taken into account under lowing: ‘‘(E) Section 57(a)(5) shall not apply. section 179(b)(2) with respect to any section SEC. ll. EXPANSION OF AVAILABILITY OF AR- ‘‘(6) SEPARATE ISSUE TREATMENT OF POR- 179 property which is qualified New York CHER MEDICAL SAVINGS ACCOUNTS. TIONS OF AN ISSUE.—This subsection shall not Liberty Zone property shall be 50 percent of (a) REPEAL OF LIMITATIONS ON NUMBER OF apply to the portion of an issue which (if the cost thereof. MEDICAL SAVINGS ACCOUNTS.— issued as a separate issue) would be treated ‘‘(2) QUALIFIED NEW YORK LIBERTY ZONE (1) IN GENERAL.—Subsections (i) and (j) of as a qualified bond or as a bond that is not PROPERTY.—For purposes of this subsection, section 220 of the Internal Revenue Code of a private activity bond (determined without the term ‘qualified New York Liberty Zone 1986 are hereby repealed. regard to paragraph (1)), if the issuer elects property’ has the meaning given such term (2) CONFORMING AMENDMENTS.— to so treat such portion. by subsection (b)(2). (A) Paragraph (1) of section 220(c) of such ‘‘(d) ADVANCE REFUNDINGS OF CERTAIN TAX- ‘‘(3) RECAPTURE.—Rules similar to the Code is amended by striking subparagraph EXEMPT BONDS.— rules under section 179(d)(10) shall apply with (D). ‘‘(1) IN GENERAL.—With respect to a bond respect to any qualified New York Liberty (B) Section 138 of such Code is amended by described in paragraph (2) issued as part of Zone property which ceases to be used in the striking subsection (f). an issue 90 percent (95 percent in the case of New York Liberty Zone. (b) AVAILABILITY NOT LIMITED TO ACCOUNTS a bond described in paragraph (2)(C)) or more ‘‘(f) EXTENSION OF REPLACEMENT PERIOD FOR EMPLOYEES OF SMALL EMPLOYERS AND of the net proceeds (as defined in section FOR NONRECOGNITION OF GAIN.—Notwith- SELF-EMPLOYED INDIVIDUALS.— 150(a)(3)) of which were used to finance facili- standing subsections (g) and (h) of section (1) IN GENERAL.—Subparagraph (A) of sec- ties located within the City of New York, 1033, clause (i) of section 1033(a)(2)(B) shall be tion 220(c)(1) of such Code (relating to eligi- New York (or functionally related and subor- applied by substituting ‘5 years’ for ‘2 years’ ble individual) is amended to read as follows:

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‘‘(A) IN GENERAL.—The term ‘eligible indi- (f) PROVIDING INCENTIVES FOR PREFERRED sidered to be made to a section or other pro- vidual’ means, with respect to any month, PROVIDER ORGANIZATIONS TO OFFER MEDICAL vision of the Internal Revenue Code of 1986. any individual if— SAVINGS ACCOUNTS.—Clause (ii) of section (c) TABLE OF CONTENTS.— ‘‘(i) such individual is covered under a high 220(c)(2)(B) of such Code is amended by strik- Sec. 1. Short title; etc. deductible health plan as of the 1st day of ing ‘‘preventive care if’’ and all that follows TITLE I—ADVANCE PAYMENT OF such month, and and inserting ‘‘preventive care.’’ EARNED INCOME CREDIT ‘‘(ii) such individual is not, while covered (g) MEDICAL SAVINGS ACCOUNTS MAY BE OF- Sec. 101. Additional requirements to ensure under a high deductible health plan, covered FERED UNDER CAFETERIA PLANS.—Subsection greater use of advance payment under any health plan— (f) of section 125 of such Code is amended by of earned income credit. ‘‘(I) which is not a high deductible health striking ‘‘106(b),’’. Sec. 102. Extension of advance payment of plan, and (h) EFFECTIVE DATE.—The amendments earned income credit to all eli- ‘‘(II) which provides coverage for any ben- made by this section shall apply to taxable gible taxpayers. efit which is covered under the high deduct- years beginning after December 31, 2001. ible health plan.’’. (i) EMERGENCY DESIGNATION.—Congress TITLE II—INDIVIDUAL PROVISIONS (2) CONFORMING AMENDMENTS.— designates as emergency requirements pur- Sec. 201. Acceleration of 25 percent indi- (A) Section 220(c)(1) of such Code is amend- suant to section 252(e) of the Balanced Budg- vidual income tax rate. ed by striking subparagraph (C). et and Emergency Deficit Control Act of 1985 Sec. 202. Temporary expansion of penalty- (B) Section 220(c) of such Code is amended the following amounts: free retirement plan distribu- by striking paragraph (4) (defining small em- (1) An amount equal to the amount by tions for health insurance pre- ployer) and by redesignating paragraph (5) as which revenues are reduced by this section miums of unemployed individ- paragraph (4). below the recommended levels of Federal uals. (C) Section 220(b) of such Code is amended revenues for fiscal year 2002, the total of fis- Sec. 203. Increase in child tax credit. by striking paragraph (4) (relating to deduc- cal years 2002 through 2006, and the total of Sec. 204. Temporary increase in deduction tion limited by compensation) and by redes- fiscal years 2002 through 2011, provided in the for capital losses of taxpayers ignating paragraphs (5), (6), and (7) as para- conference report accompanying H. Con. Res. other than corporations. graphs (4), (5), and (6), respectively. 83, the concurrent resolution on the budget Sec. 205. Nonrefundable credit for elemen- (c) INCREASE IN AMOUNT OF DEDUCTION AL- for fiscal year 2002. tary and secondary school ex- LOWED FOR CONTRIBUTIONS TO MEDICAL SAV- (2) Amounts equal to the amounts of new penses. INGS ACCOUNTS.— budget authority and outlays provided in TITLE VII—UNEMPLOYMENT (1) IN GENERAL.—Paragraph (2) of section this Act in excess of the allocations under ASSISTANCE 220(b) of such Code is amended to read as fol- section 302(a) of the Congressional Budget Sec. 301. Short title. lows: Act of 1974 to the Committee on Finance of Sec. 302. Federal-State agreements. ‘‘(2) MONTHLY LIMITATION.—The monthly the Senate for fiscal year 2002, the total of Sec. 303. Temporary extended unemploy- limitation for any month is the amount fiscal years 2002 through 2006, and the total ment compensation account. equal to 1⁄12 of the annual deductible (as of of fiscal years 2002 through 2011. Sec. 304. Payments to States having agree- the first day of such month) of the individ- ments for the payment of tem- ual’s coverage under the high deductible SA 2803. Mr. THURMOND submitted porary extended unemployment health plan.’’. an amendment intended to be proposed compensation. (2) CONFORMING AMENDMENT.—Clause (ii) of by him to the bill H.R. 622, to amend Sec. 305. Financing provisions. section 220(d)(1)(A) of such Code is amended the Internal Revenue Code of 1986 to Sec. 306. Fraud and overpayments. by striking ‘‘75 percent of’’. Sec. 307. Definitions. expand the adoption credit, and for Sec. 308. Applicability. (d) BOTH EMPLOYERS AND EMPLOYEES MAY other purposes; which was ordered to Sec. 309. Special Reed Act transfer in fiscal CONTRIBUTE TO MEDICAL SAVINGS AC- lie on the table; as follows: year 2002. COUNTS.—Paragraph (4) of section 220(b) of such Code (as redesignated by subsection At the end, add the following: TITLE IV—NATIONAL EMERGENCY (b)(2)(C)) is amended to read as follows: SEC. . TEMPORARY INCREASE IN DEDUCTION GRANTS ‘‘(4) COORDINATION WITH EXCLUSION FOR EM- FOR CAPITAL LOSSES OF TAX- Sec. 401. National emergency grant assist- PAYERS OTHER THAN CORPORA- PLOYER CONTRIBUTIONS.—The limitation ance for workers. TIONS. which would (but for this paragraph) apply (a) IN GENERAL.—Subsection (b) of section TITLE V—TEMPORARY BUSINESS under this subsection to the taxpayer for any 1211 of the Internal Revenue Code of 1986 (re- RELIEF PROVISIONS taxable year shall be reduced (but not below lating to limitation on capital losses for tax- Sec. 501. Special depreciation allowance for zero) by the amount which would (but for payers other than corporations) is amended certain property acquired after section 106(b)) be includible in the taxpayer’s by adding at the end the following flush sen- December 31, 2001, and before gross income for such taxable year.’’. tence: January 1, 2004. (e) REDUCTION OF PERMITTED DEDUCTIBLES TITLE VI—ADDITIONAL PROVISIONS UNDER HIGH DEDUCTIBLE HEALTH PLANS.— ‘‘Paragraph (1) shall be applied by sub- (1) IN GENERAL.—Subparagraph (A) of sec- stituting ‘$4,000’ for ‘$3,000’ and ‘$2,000’ for Sec. 601. Emergency designation. tion 220(c)(2) of such Code (defining high de- ‘$1,500’ in the case of taxable years beginning TITLE I—ADVANCE PAYMENT OF EARNED ductible health plan) is amended— in 2001, and by substituting ‘$5,000’ for ‘$3,000’ INCOME CREDIT and ‘$2,500’ for ‘$1,500’ in the case of taxable (A) by striking ‘‘$1,500’’ in clause (i) and in- SEC. 101. ADDITIONAL REQUIREMENTS TO EN- serting ‘‘$1,000’’; and years beginning in 2002.’’. SURE GREATER USE OF ADVANCE (B) by striking ‘‘$3,000’’ in clause (ii) and (b) EFFECTIVE DATE.—The amendment PAYMENT OF EARNED INCOME inserting ‘‘$2,000’’. made by subsection (a) shall apply to taxable CREDIT. (2) CONFORMING AMENDMENT.—Subsection years beginning after December 31, 2000. Not later than February 1, 2002, the Sec- (g) of section 220 of such Code is amended to retary of the Treasury by regulation shall read as follows: SA 2804. Mr. SESSIONS submitted an require— ‘‘(g) COST-OF-LIVING ADJUSTMENT.— amendment intended to be proposed to (1) each employer of an employee who the ‘‘(1) IN GENERAL.—In the case of any tax- amendment SA 2698 submitted by Mr. employer determines receives wages in an able year beginning in a calendar year after DASCHLE and intended to be proposed amount which indicates that such employee 1998, each dollar amount in subsection (c)(2) to the bill (H.R. 622) to amend the In- would be eligible for the earned income cred- shall be increased by an amount equal to— ternal Revenue Code of 1986 to expand it under section 32 of the Internal Revenue ‘‘(A) such dollar amount, multiplied by Code of 1986 to provide such employee with a the adoption credit, and for other pur- simplified application for an earned income ‘‘(B) the cost-of-living adjustment deter- poses; which was ordered to lie on the mined under section 1(f)(3) for the calendar eligibility certificate, and year in which such taxable year begins by table; as follows: (2) require each employee wishing to re- substituting ‘calendar year 1997’ for ‘cal- Strike all after ‘‘SECTION’’ and insert the ceive the earned income tax credit to com- endar year 1992’ in subparagraph (B) thereof. following: plete and return the application to the em- ‘‘(2) SPECIAL RULES.—In the case of the 1. SHORT TITLE; ETC. ployer within 30 days of receipt. $1,000 amount in subsection (c)(2)(A)(i) and (a) SHORT TITLE.—This Act may be cited as Such regulations shall require an employer the $2,000 amount in subsection (c)(2)(A)(ii), the ‘‘American Family Economic Security to provide such an application within 30 days paragraph (1)(B) shall be applied by sub- and Stimulus Act’’. of the hiring date of an employee and at stituting ‘calendar year 2000’ for ‘calendar (b) REFERENCES TO INTERNAL REVENUE least annually thereafter. Such regulations year 1997’. CODE OF 1986.—Except as otherwise expressly shall further provide that, upon receipt of a ‘‘(3) ROUNDING.—If any increase under para- provided, whenever in this Act an amend- completed form, an employer shall provide graph (1) or (2) is not a multiple of $50, such ment or repeal is expressed in terms of an for the advance payment of the earned in- increase shall be rounded to the nearest mul- amendment to, or repeal of, a section or come credit as provided under section 3507 of tiple of $50.’’. other provision, the reference shall be con- the Internal Revenue Code of 1986.

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S371 SEC. 102. EXTENSION OF ADVANCE PAYMENT OF amount) is amended by striking all matter date which is 90 days after the date of the en- EARNED INCOME CREDIT TO ALL EL- preceding the second item and inserting the actment of this section.’’. IGIBLE TAXPAYERS. following: (b) CONFORMING AMENDMENTS.— (a) IN GENERAL.—Section 3507(b) of the In- (1) Section 24(b)(3)(B), as added and amend- ternal Revenue Code of 1986 (relating to ‘‘In the case of any ‘‘The per child taxable year begin- amount is— ed by the Economic Growth and Tax Relief earned income eligibility certificate) is Reconciliation Act of 2001, is amended by amended by striking paragraph (2) and by re- ning in— 2001 ...... $1,000 striking ‘‘23 and 25B’’ and inserting ‘‘23, 25B, designating paragraphs (3) and (4) as para- and 25C’’. graphs (2) and (3), respectively. 2002, 2003, or 2004 ...... 600’’. (b) EFFECTIVE DATE.—The amendment (2) Section 25(e)(1)(C) is amended by strik- (b) CONFORMING AMENDMENTS.— ing ‘‘23 and 1400C’’ and by inserting ‘‘23, 25C, (1) Section 3507(c)(2)(B) of the Internal made by this section shall apply to taxable and 1400C’’. Revenue Code of 1986 is amended by inserting years beginning after December 31, 2000. (3) Section 25(e)(1)(C), as amended by the ‘‘has 1 or more qualifying children and’’ be- SEC. 204. TEMPORARY INCREASE IN DEDUCTION Economic Growth and Tax Relief Reconcili- fore ‘‘is not married,’’. FOR CAPITAL LOSSES OF TAX- PAYERS OTHER THAN CORPORA- ation Act of 2001, is amended by inserting (2) Section 3507(c)(2)(C) of such Code is TIONS. ‘‘25C,’’ after ‘‘25B,’’. amended by striking ‘‘the employee’’ and in- (a) IN GENERAL.—Subsection (b) of section (4) Section 25B, as added by the Economic serting ‘‘an employee with 1 or more quali- 1211 (relating to limitation on capital losses Growth and Tax Relief Reconciliation Act of fying children’’. for taxpayers other than corporations) is 2001, is amended by striking ‘‘section 23’’ and (3) Section 3507(f) of such Code is amended amended by adding at the end the following inserting ‘‘sections 23 and 25C’’. by striking ‘‘who have 1 or more qualifying flush sentence: (5) Section 26(a)(1), as amended by the Eco- children and’’. ‘‘Paragraph (1) shall be applied by sub- nomic Growth and Tax Relief Reconciliation (c) EFFECTIVE DATE.—The amendments stituting ‘$5,000’ for ‘$3,000’ and ‘$2,500’ for made by this section shall apply to taxable Act of 2001, is amended by striking ‘‘and 25B’’ ‘$1,500’ in the case of taxable years beginning years beginning after December 31, 2001. and inserting ‘‘25B, and 25C’’. in 2001 or 2002.’’. (6) Section 1400C(d) is amended by insert- TITLE II—INDIVIDUAL PROVISIONS (b) EFFECTIVE DATE.—The amendment ing ‘‘and section 25C’’ after ‘‘this section’’. SEC. 201. ACCELERATION OF 25 PERCENT INDI- made by subsection (a) shall apply to taxable (7) Section 1400C(d), as amended by the VIDUAL INCOME TAX RATE. years beginning after December 31, 2000. Economic Growth and Tax Relief Reconcili- (a) IN GENERAL.—The table contained in SEC. 205. NONREFUNDABLE CREDIT FOR ELE- ation Act of 2001, is amended by striking paragraph (2) of section 1(i) (relating to re- MENTARY AND SECONDARY SCHOOL ‘‘and 25B’’ and inserting ‘‘25B, and 25C’’. ductions in rates after June 30, 2001) is EXPENSES. amended— (8) The table of sections for subpart A of (a) IN GENERAL.—Subpart A of part IV of part IV of subchapter A of chapter 1 is (1) by striking ‘‘27.0%’’ and inserting subchapter A of chapter 1 (relating to non- ‘‘25.0%’’, and amended by inserting before the item relat- refundable personal credits) is amended by ing to section 26 the following new item: (2) by striking ‘‘26.0%’’ and inserting inserting after section 25B the following new ‘‘25.0%’’. section: ‘‘Sec. 25C. Credit for elementary and sec- (b) REDUCTION NOT TO INCREASE MINIMUM ‘‘SEC. 25C. CREDIT FOR ELEMENTARY AND SEC- ondary school expenses.’’. TAX.— ONDARY SCHOOL EXPENSES. (c) EFFECTIVE DATE.—The amendments (1) Subparagraph (A) of section 55(d)(1) is ‘‘(a) ALLOWANCE OF CREDIT.—In the case of made by this section shall apply to taxable amended by striking ‘‘($49,000 in the case of an individual who maintains a household years ending after the date of the enactment taxable years beginning in 2001, 2002, 2003, which includes as a member one or more of this Act. and 2004)’’ and inserting ‘‘($49,000 in the case qualifying students (as defined in subsection TITLE III—UNEMPLOYMENT ASSISTANCE of taxable years beginning in 2001, $52,200 in (b)(1)), there shall be allowed as a credit the case of taxable years beginning in 2002 or against the tax imposed by this chapter for SEC. 301. SHORT TITLE. 2003, and $50,700 in the case of taxable years the taxable year an amount equal to the This title may be cited as the ‘‘Temporary beginning in 2004)’’. qualified elementary and secondary edu- Extended Unemployment Compensation Act (2) Subparagraph (B) of section 55(d)(1) is cation expenses with respect to such stu- of 2002’’. amended by striking ‘‘($35,750 in the case of dents which are paid or incurred by the tax- SEC. 302. FEDERAL-STATE AGREEMENTS. taxable years beginning in 2001, 2002, 2003, payer during such taxable year. (a) IN GENERAL.—Any State which desires and 2004)’’ and inserting ‘‘($35,750 in the case ‘‘(b) DOLLAR LIMIT ON AMOUNT CRED- to do so may enter into and participate in an of taxable years beginning in 2001, $37,350 in ITABLE.—The amount of qualified elementary agreement under this title with the Sec- the case of taxable years beginning in 2002 or and secondary education expenses paid or in- retary of Labor (in this title referred to as 2003, and $36,600 in the case of taxable years curred during any taxable year which may be the ‘‘Secretary’’). Any State which is a party beginning in 2004)’’. taken into account under subsection (a) shall to an agreement under this title may, upon (c) EFFECTIVE DATE.—The amendments not exceed $500. providing 30 days written notice to the Sec- made by this section shall apply to taxable ‘‘(c) QUALIFYING STUDENT.—For purposes of retary, terminate such agreement. years beginning after December 31, 2001. this section, the term ‘‘qualifying student’’ (b) PROVISIONS OF AGREEMENT.—Any agree- (d) SECTION 15 NOT TO APPLY.—No amend- means a dependent of the taxpayer (within ment under subsection (a) shall provide that ment made by this section shall be treated the meaning of section 152) who is enrolled in the State agency of the State will make pay- as a change in a rate of tax for purposes of ments of temporary extended unemployment section 15 of the Internal Revenue Code of school on a full-time basis. ‘‘(d) QUALIFIED ELEMENTARY AND SEC- compensation to individuals who— 1986. ONDARY EDUCATION EXPENSES.—For purposes (1) have exhausted all rights to regular SEC. 202. TEMPORARY EXPANSION OF PENALTY- of this section— compensation under the State law or under FREE RETIREMENT PLAN DISTRIBU- Federal law with respect to a benefit year TIONS FOR HEALTH INSURANCE ‘‘(1) IN GENERAL.—The term ‘qualified ele- PREMIUMS OF UNEMPLOYED INDI- mentary and secondary education expenses’ (excluding any benefit year that ended be- VIDUALS. means computer technology or equipment fore March 15, 2001); (a) IN GENERAL.—Subparagraph (D) of sec- expenses. (2) have no rights to regular compensation tion 72(t)(2) is amended by adding at the end ‘‘(2) COMPUTER TECHNOLOGY OR EQUIP- or extended compensation with respect to a the following new clause: MENT.—The term ‘computer technology or week under such law or any other State un- ‘‘(iv) SPECIAL RULES FOR INDIVIDUALS RE- equipment’ has the meaning given such term employment compensation law or to com- CEIVING UNEMPLOYMENT COMPENSATION AFTER by section 170(e)(6)(F)(i) and includes Inter- pensation under any other Federal law; SEPTEMBER 10, 2001, AND BEFORE JANUARY 1, net access and related services and computer (3) are not receiving compensation with re- 2003.—In the case of an individual who re- software if such software is predominately spect to such week under the unemployment ceives unemployment compensation for 4 educational in nature. compensation law of Canada; and consecutive weeks after September 10, 2001, ‘‘(e) SCHOOL.—For purposes of this section, (4) filed an initial claim for regular com- and before January 1, 2003— the term ‘school’ means any public, charter, pensation on or after March 15, 2001. ‘‘(I) clause (i) shall apply to distributions private, religious, or home school which pro- (c) EXHAUSTION OF BENEFITS.—For purposes from all qualified retirement plans (as de- vides elementary education or secondary of subsection (b)(1), an individual shall be fined in section 4974(c)), and education (through grade 12), as determined deemed to have exhausted such individual’s ‘‘(II) such 4 consecutive weeks shall be sub- under State law. rights to regular compensation under a State stituted for the 12 consecutive weeks re- ‘‘(f) DENIAL OF DOUBLE BENEFIT.—No de- law when— ferred to in subclause (I) of clause (i).’’ duction shall be allowed under this chapter (1) no payments of regular compensation (b) EFFECTIVE DATE.—The amendment for any contribution for which credit is al- can be made under such law because such in- made by this section shall apply to distribu- lowed under this section. dividual has received all regular compensa- tions after the date of the enactment of this ‘‘(g) ELECTION TO HAVE CREDIT NOT tion available to such individual based on Act. APPLY.—A taxpayer may elect to have this employment or wages during such individ- SEC. 203. INCREASE IN CHILD TAX CREDIT. section not apply for any taxable year. ual’s base period; or (a) IN GENERAL.—The table contained in ‘‘(h) TERMINATION.—This section shall not (2) such individual’s rights to such com- section 24(a)(2) (relating to per child apply to expenses paid or incurred after the pensation have been terminated by reason of

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S372 CONGRESSIONAL RECORD — SENATE February 5, 2002 the expiration of the benefit year with re- of regular compensation (including depend- (2) compensation payable on the basis of spect to which such rights existed. ents’ allowances) under the State law pay- services to which section 3309(a)(1) of the In- (d) WEEKLY BENEFIT AMOUNT, ETC.—For able to such individual for such week for ternal Revenue Code of 1986 applies. purposes of any agreement under this title— total unemployment. Amounts appropriated pursuant to the pre- (1) the amount of temporary extended un- SEC. 304. PAYMENTS TO STATES HAVING AGREE- ceding sentence shall not be required to be employment compensation which shall be MENTS FOR THE PAYMENT OF TEM- repaid. payable to any individual for any week of PORARY EXTENDED UNEMPLOY- SEC. 306. FRAUD AND OVERPAYMENTS. total unemployment shall be equal to the MENT COMPENSATION. (a) IN GENERAL.—If an individual know- amount of the regular compensation (includ- (a) GENERAL RULE.—There shall be paid to each State that has entered into an agree- ingly has made, or caused to be made by an- ing dependents’ allowances) payable to such other, a false statement or representation of individual during such individual’s benefit ment under this title an amount equal to 100 percent of the temporary extended unem- a material fact, or knowingly has failed, or year under the State law for a week of total caused another to fail, to disclose a material unemployment; ployment compensation paid to individuals by the State pursuant to such agreement. fact, and as a result of such false statement (2) the terms and conditions of the State or representation or of such nondisclosure law which apply to claims for regular com- (b) TREATMENT OF REIMBURSABLE COM- PENSATION.—No payment shall be made to such individual has received an amount of pensation and to the payment thereof shall any State under this section in respect of temporary extended unemployment com- apply to claims for temporary extended un- any compensation to the extent the State is pensation under this title to which he was employment compensation and the payment entitled to reimbursement in respect of such not entitled, such individual— thereof, except— compensation under the provisions of any (1) shall be ineligible for further temporary (A) that an individual shall not be eligible Federal law other than this title or chapter extended unemployment compensation under for temporary extended unemployment com- 85 of title 5, United States Code. A State this title in accordance with the provisions pensation under this title unless, in the base shall not be entitled to any reimbursement of the applicable State unemployment com- period with respect to which the individual under such chapter 85 in respect of any com- pensation law relating to fraud in connection exhausted all rights to regular compensation pensation to the extent the State is entitled with a claim for unemployment compensa- under the State law, the individual had 20 to reimbursement under this title in respect tion; and weeks of full-time insured employment or of such compensation. (2) shall be subject to prosecution under the equivalent in insured wages, as deter- (c) DETERMINATION OF AMOUNT.—Sums pay- section 1001 of title 18, United States Code. mined under the provisions of the State law able to any State by reason of such State (b) REPAYMENT.—In the case of individuals implementing section 202(a)(5) of the Fed- having an agreement under this title shall be who have received amounts of temporary ex- eral-State Extended Unemployment Com- payable, either in advance or by way of reim- tended unemployment compensation under pensation Act of 1970 (26 U.S.C. 3304 note); bursement (as may be determined by the this title to which they were not entitled, and Secretary), in such amounts as the Secretary the State shall require such individuals to (B) where otherwise inconsistent with the estimates the State will be entitled to re- repay the amounts of such temporary ex- provisions of this title or with the regula- ceive under this title for each calendar tended unemployment compensation to the tions or operating instructions of the Sec- month, reduced or increased, as the case may State agency, except that the State agency retary promulgated to carry out this title; be, by any amount by which the Secretary may waive such repayment if it determines and finds that the Secretary’s estimates for any that— (3) the maximum amount of temporary ex- prior calendar month were greater or less (1) the payment of such temporary ex- tended unemployment compensation payable than the amounts which should have been tended unemployment compensation was to any individual for whom a temporary ex- paid to the State. Such estimates may be without fault on the part of any such indi- tended unemployment compensation account made on the basis of such statistical, sam- vidual; and is established under section 303 shall not ex- pling, or other method as may be agreed (2) such repayment would be contrary to ceed the amount established in such account upon by the Secretary and the State agency equity and good conscience. for such individual. of the State involved. (c) RECOVERY BY STATE AGENCY.— (e) ELECTION BY STATES.—Notwithstanding SEC. 305. FINANCING PROVISIONS. (1) IN GENERAL.—The State agency may re- any other provision of Federal law (and if (a) IN GENERAL.—Funds in the extended un- cover the amount to be repaid, or any part State law permits), the Governor of a State employment compensation account (as es- thereof, by deductions from any temporary that is in an extended benefit period may tablished by section 905(a) of the Social Se- extended unemployment compensation pay- provide for the payment of temporary ex- curity Act (42 U.S.C. 1105(a)) of the Unem- able to such individual under this title or tended unemployment compensation in lieu ployment Trust Fund (as established by sec- of extended compensation to individuals who from any unemployment compensation pay- tion 904(a) of such Act (42 U.S.C. 1104(a)) able to such individual under any Federal otherwise meet the requirements of this sec- shall be used for the making of payments to tion. Such an election shall not require a unemployment compensation law adminis- States having agreements entered into under tered by the State agency or under any other State to trigger off an extended benefit pe- this title. riod. Federal law administered by the State agen- (b) CERTIFICATION.—The Secretary shall cy which provides for the payment of any as- SEC. 303. TEMPORARY EXTENDED UNEMPLOY- from time to time certify to the Secretary of MENT COMPENSATION ACCOUNT. sistance or allowance with respect to any the Treasury for payment to each State the week of unemployment, during the 3-year pe- (a) IN GENERAL.—Any agreement under sums payable to such State under this title. this title shall provide that the State will es- riod after the date such individuals received The Secretary of the Treasury, prior to audit the payment of the temporary extended un- tablish, for each eligible individual who files or settlement by the General Accounting Of- employment compensation to which they an application for temporary extended un- fice, shall make payments to the State in ac- were not entitled, except that no single de- employment compensation, a temporary ex- cordance with such certification, by trans- duction may exceed 50 percent of the weekly tended unemployment compensation account fers from the extended unemployment com- benefit amount from which such deduction is with respect to such individual’s benefit pensation account (as so established) to the made. year. account of such State in the Unemployment (2) OPPORTUNITY FOR HEARING.—No repay- (b) AMOUNT IN ACCOUNT.— Trust Fund (as so established). ment shall be required, and no deduction (1) IN GENERAL.—The amount established in (c) ASSISTANCE TO STATES.—There are ap- an account under subsection (a) shall be propriated out of the employment security shall be made, until a determination has equal to the lesser of— administration account (as established by been made, notice thereof and an oppor- (A) 50 percent of the total amount of reg- section 901(a) of the Social Security Act (42 tunity for a fair hearing has been given to ular compensation (including dependents’ al- U.S.C. 1101(a)) of the Unemployment Trust the individual, and the determination has be- lowances) payable to the individual during Fund, without fiscal year limitation, such come final. the individual’s benefit year under such law, funds as may be necessary for purposes of as- (d) REVIEW.—Any determination by a State or sisting States (as provided in title III of the agency under this section shall be subject to (B) 13 times the individual’s average week- Social Security Act (42 U.S.C. 501 et seq.)) in review in the same manner and to the same ly benefit amount for the benefit year. meeting the costs of administration of agree- extent as determinations under the State un- (2) REDUCTION FOR EXTENDED BENEFITS.— ments under this title. employment compensation law, and only in The amount in an account under paragraph (d) APPROPRIATIONS FOR CERTAIN PAY- that manner and to that extent. (1) shall be reduced (but not below zero) by MENTS.—There are appropriated from the SEC. 307. DEFINITIONS. the aggregate amount of extended compensa- general fund of the Treasury, without fiscal In this title, the terms ‘‘compensation’’, tion (if any) received by such individual re- year limitation, to the extended unemploy- ‘‘regular compensation’’, ‘‘extended com- lating to the same benefit year under the ment compensation account (as so estab- pensation’’, ‘‘additional compensation’’, Federal-State Extended Unemployment lished) of the Unemployment Trust Fund (as ‘‘benefit year’’, ‘‘base period’’, ‘‘State’’, Compensation Act of 1970 (26 U.S.C. 3304 so established) such sums as the Secretary ‘‘State agency’’, ‘‘State law’’, and ‘‘week’’ note). estimates to be necessary to make the pay- have the respective meanings given such (3) WEEKLY BENEFIT AMOUNT.—For purposes ments under this section in respect of— terms under section 205 of the Federal-State of this subsection, an individual’s weekly (1) compensation payable under chapter 85 Extended Unemployment Compensation Act benefit amount for any week is the amount of title 5, United States Code; and of 1970 (26 U.S.C. 3304 note).

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S373 SEC. 308. APPLICABILITY. riod of unemployment, exceed the maximum training assistance and the assistance de- An agreement entered into under this title amount of regular compensation authorized scribed in subsections (f) and (g) to dis- shall apply to weeks of unemployment— under the unemployment compensation law located workers affected by a plant closure, (1) beginning after the date on which such of such State for that same period, plus any mass layoff, or multiple layoffs if the Gov- agreement is entered into; and additional compensation (described in sub- ernor certifies in the application for assist- (2) ending before January 1, 2003. paragraph (B)(i)) which could have been paid ance that the attacks of September 11, 2001, SEC. 309. SPECIAL REED ACT TRANSFER IN FIS- with respect to that amount. contributed importantly to such plant clo- CAL YEAR 2002. ‘‘(iii) The categories of individuals de- sures, mass layoffs, and multiple layoffs, and (a) REPEAL OF CERTAIN PROVISIONS ADDED scribed in this clause include the following: to independently owned businesses and pro- BY THE BALANCED BUDGET ACT OF 1997.— ‘‘(I) Individuals who are seeking, or avail- prietorships.’’. (1) IN GENERAL.—The following provisions able for, only part-time (and not full-time) (b) USE OF FUNDS.—Section 173 of the of section 903 of the Social Security Act (42 work. Workforce Investment Act of 1998 (29 U.S.C. U.S.C. 1103) are repealed: ‘‘(II) Individuals who would be eligible for 2918) is amended by adding at the end the fol- (A) Paragraph (3) of subsection (a). regular compensation under the unemploy- lowing new subsections: (B) The last sentence of subsection (c)(2). ment compensation law of such State under ‘‘(f) COBRA CONTINUATION COVERAGE PAY- (2) SAVINGS PROVISION.—Any amounts an alternative base period. MENT REQUIREMENTS.— transferred before the date of enactment of ‘‘(D) Amounts transferred to a State ac- ‘‘(1) IN GENERAL.—Funds made available to this Act under the provision repealed by count under this subsection may be used in a State under paragraph (4) of subsection (a) paragraph (1)(A) shall remain subject to sec- the payment of cash benefits to individuals may be used by the State to assist a partici- tion 903 of the Social Security Act, as last in only for weeks of unemployment beginning pant in the program under such paragraph by effect before such date of enactment. after the date of enactment of this sub- paying up to 75 percent of the participant’s (b) SPECIAL TRANSFER IN FISCAL YEAR section. and any dependents’ contribution for COBRA 2002.—Section 903 of the Social Security Act ‘‘(4) Amounts transferred to a State ac- continuation coverage of the participant and is amended by adding at the end the fol- count under this subsection may be used for dependents for a period not to exceed 10 lowing: the administration of its unemployment months. ‘‘Special Transfer in Fiscal Year 2002 compensation law and public employment of- ‘‘(2) DEFINITION.—For purposes of para- graph (1), the term ‘COBRA continuation ‘‘(d)(1) The Secretary of the Treasury shall fices (including in connection with benefits coverage’ means coverage under a group transfer (as of the date determined under described in paragraph (3) and any recipients health plan provided by an employer pursu- paragraph (5)) from the Federal unemploy- thereof), subject to the same conditions as ant to title XXII of the Public Health Serv- ment account to the account of each State in set forth in subsection (c)(2) (excluding sub- ice Act, section 4980B of the Internal Rev- the Unemployment Trust Fund the amount paragraph (B) thereof, and deeming the ref- enue Code of 1986, part 6 of subtitle B of title determined with respect to such State under erence to ‘subsections (a) and (b)’ in subpara- I of the Employee Retirement Income Secu- paragraph (2). graph (D) thereof to include this subsection). ‘‘(2) The amount to be transferred under ‘‘(5) Transfers under this subsection shall rity Act of 1974, or section 8905a of title 5, this subsection to a State account shall (as be made by December 31, 2001, unless this United States Code. ‘‘(g) GOVERNMENT INTERVENTION SUPPLE- determined by the Secretary of Labor and paragraph is not enacted until after that MENTS.— certified by such Secretary to the Secretary date, in which case such transfers shall be ‘‘(1) PERSONAL INCOME.—Using funds made of the Treasury) be equal to— made within 10 days after the date of enact- available under subsection (a)(4), a State ‘‘(A) the amount which would have been re- ment of this paragraph.’’ may provide personal income compensation quired to have been transferred under this (c) LIMITATIONS ON TRANSFERS.—Section to a dislocated worker described in such sub- section to such account at the beginning of 903(b) of the Social Security Act shall apply to transfers under section 903(d) of such Act section if— fiscal year 2002 if— ‘‘(A) the worker is unable to work due to ‘‘(i) section 709(a)(1) of the Temporary Ex- (as amended by this section). For purposes of the preceding sentence, such section 903(b) direct Federal Government intervention, as tended Unemployment Compensation Act of a result of a direct response to the terrorist 2002 had been enacted before the close of fis- shall be deemed to be amended as follows: (1) By substituting ‘‘the transfer date de- attacks which occurred on September 11, cal year 2001, and 2001, leading to— ‘‘(ii) section 5402 of Public Law 105–33 (re- scribed in subsection (d)(5)’’ for ‘‘October 1 of any fiscal year’’. ‘‘(i) closure of the facility at which the lating to increase in Federal unemployment worker was employed, prior to the interven- account ceiling) had not been enacted, (2) By substituting ‘‘remain in the Federal unemployment account’’ for ‘‘be transferred tion; or minus to the Federal unemployment account as of ‘‘(ii) a restriction on how business may be ‘‘(B) the amount which was in fact trans- the beginning of such October 1’’. conducted at the facility; and ferred under this section to such account at (3) By substituting ‘‘fiscal year 2002 (after ‘‘(B) the facility is located within an area the beginning of fiscal year 2002. the transfer date described in subsection in a State in which a major disaster or emer- ‘‘(3)(A) Except as provided in paragraph (4), (d)(5))’’ for ‘‘the fiscal year beginning on gency was certified by the Governor. amounts transferred to a State account pur- such October 1’’. ‘‘(2) BUSINESS INCOME.—Using funds made suant to this subsection may be used only in (4) By substituting ‘‘under subsection (d)’’ available under subsection (a)(4), a State the payment of cash benefits— for ‘‘as of October 1 of such fiscal year’’. may provide business income compensation ‘‘(i) to individuals with respect to their un- (5) By substituting ‘‘(as of the close of fis- to an independently owned business or pro- employment, and cal year 2002)’’ for ‘‘(as of the close of such prietorship if— ‘‘(ii) which are allowable under subpara- fiscal year)’’. ‘‘(A) the business or proprietorship is un- graph (B) or (C). (d) TECHNICAL AMENDMENTS.—(1) Sections able to earn revenue due to direct Federal ‘‘(B)(i) At the option of the State, cash 3304(a)(4)(B) and 3306(f)(2) of the Internal intervention, as a result of a direct response benefits under this paragraph may include Revenue Code of 1986 are amended by insert- to the terrorist attacks which occurred on amounts which shall be payable as— ing ‘‘or 903(d)(4)’’ before ‘‘of the Social Secu- September 11, 2001, leading to— ‘‘(I) regular compensation, or rity Act’’. ‘‘(i) closure of the facility at which the ‘‘(II) additional compensation, upon the ex- (2) Section 303(a)(5) of the Social Security business or proprietorship was located, prior haustion of any temporary extended unem- Act is amended in the second proviso by in- to the intervention; or ployment compensation (if such State has serting ‘‘or 903(d)(4)’’ after ‘‘903(c)(2)’’. ‘‘(ii) a restriction on how customers may entered into an agreement under the Tem- (e) REGULATIONS.—The Secretary of Labor access the facility; and porary Extended Unemployment Compensa- may prescribe any operating instructions or ‘‘(B) the facility is located within an area tion Act of 2002), for individuals eligible for regulations necessary to carry out this sec- in a State in which a major disaster or emer- regular compensation under the unemploy- tion and the amendments made by this sec- gency was certified by the Governor.’’. ment compensation law of such State. tion. (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(ii) Any additional compensation under Section 174 of the Workforce Investment Act TITLE IV—NATIONAL EMERGENCY clause (i) may not be taken into account for of 1998 (29 U.S.C. 2919) is amended by adding GRANTS purposes of any determination relating to at the end the following new subsection: the amount of any extended compensation SEC. 401. NATIONAL EMERGENCY GRANT ASSIST- ‘‘(c) NATIONAL EMERGENCY GRANTS RELAT- for which an individual might be eligible. ANCE FOR WORKERS. ING TO SEPTEMBER 11 ATTACKS.—There are ‘‘(C)(i) At the option of the State, cash (a) ELIGIBILITY FOR GRANTS.—Section 173(a) authorized to be appropriated to carry out benefits under this paragraph may include of the Workforce Investment Act of 1998 (29 subsection (a)(4) of section 173 $5,000,000,000 amounts which shall be payable to 1 or more U.S.C. 2918(a)) is amended— for fiscal year 2002. Funds appropriated categories of individuals not otherwise eligi- (1) in paragraph (2), by striking ‘‘and’’, under this subsection shall be available for ble for regular compensation under the un- (2) in paragraph (3), by striking the period obligation for a period beginning with the employment compensation law of such and inserting ‘‘; and’’, and date of enactment of such appropriations and State, including those described in clause (3) by adding at the end the following new ending 18 months thereafter.’’. (iii). paragraph: (d) EFFECTIVE DATE.—The amendments ‘‘(ii) The benefits paid under this subpara- ‘‘(4) from funds appropriated under section made by this section shall take effect on the graph to any individual may not, for any pe- 174(c), to a State to provide employment and date of enactment of this section.

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S374 CONGRESSIONAL RECORD — SENATE February 5, 2002 TITLE V—TEMPORARY BUSINESS RELIEF not include any property to which the alter- ‘‘(II) persons having a relationship de- PROVISIONS native depreciation system under subsection scribed in subsection (b) of section 267; ex- SEC. 501. SPECIAL DEPRECIATION ALLOWANCE (g) applies, determined— cept that, for purposes of this clause, the FOR CERTAIN PROPERTY ACQUIRED ‘‘(I) without regard to paragraph (7) of sub- phrase ‘80 percent or more’ shall be sub- AFTER DECEMBER 31, 2001, AND BE- section (g) (relating to election to have sys- stituted for the phrase ‘more than 50 per- FORE JANUARY 1, 2004. tem apply), and cent’ each place it appears in such sub- (a) IN GENERAL.—Section 168 of the Inter- ‘‘(II) after application of section 280F(b) section. nal Revenue Code of 1986 (relating to acceler- (relating to listed property with limited ‘‘(D) IMPROVEMENTS MADE BY LESSOR.—In ated cost recovery system) is amended by business use). the case of an improvement made by the per- adding at the end the following new sub- ‘‘(ii) ELECTION OUT.—If a taxpayer makes son who was the lessor of such improvement section: an election under this clause with respect to when such improvement was placed in serv- ‘‘(k) SPECIAL ALLOWANCE FOR CERTAIN any class of property for any taxable year, ice, such improvement shall be qualified PROPERTY ACQUIRED AFTER DECEMBER 31, this subsection shall not apply to all prop- leasehold improvement property (if at all) 2001, AND BEFORE JANUARY 1, 2004.— erty in such class placed in service during only so long as such improvement is held by ‘‘(1) ADDITIONAL ALLOWANCE.—In the case of such taxable year. such person.’’. any qualified property— ‘‘(D) SPECIAL RULES.— (b) ALLOWANCE AGAINST ALTERNATIVE MIN- ‘‘(A) the depreciation deduction provided ‘‘(i) SELF-CONSTRUCTED PROPERTY.—In the by section 167(a) for the taxable year in IMUM TAX.— case of a taxpayer manufacturing, con- (1) IN GENERAL.—Section 56(a)(1)(A) of the which such property is placed in service shall structing, or producing property for the tax- include an allowance equal to 30 percent of Internal Revenue Code of 1986 (relating to de- payer’s own use, the requirements of clause preciation adjustment for alternative min- the adjusted basis of the qualified property, (iii) of subparagraph (A) shall be treated as and imum tax) is amended by adding at the end met if the taxpayer begins manufacturing, the following new clause: ‘‘(B) the adjusted basis of the qualified constructing, or producing the property after property shall be reduced by the amount of ‘‘(iii) ADDITIONAL ALLOWANCE FOR CERTAIN December 31, 2001, and before January 1, 2004. PROPERTY ACQUIRED AFTER DECEMBER 31, 2001, such deduction before computing the amount ‘‘(ii) SALE-LEASEBACKS.—For purposes of otherwise allowable as a depreciation deduc- AND BEFORE JANUARY 1, 2004.—The deduction subparagraph (A)(ii), if property— under section 168(k) shall be allowed.’’ tion under this chapter for such taxable year ‘‘(I) is originally placed in service after De- (2) CONFORMING AMENDMENT.—Clause (i) of and any subsequent taxable year. cember 31, 2001, by a person, and ‘‘(2) QUALIFIED PROPERTY.—For purposes of section 56(a)(1)(A) of the Internal Revenue ‘‘(II) sold and leased back by such person Code of 1986 is amended by striking ‘‘clause this subsection— within 3 months after the date such property ‘‘(A) IN GENERAL.—The term ‘qualified (ii)’’ both places it appears and inserting was originally placed in service, ‘‘clauses (ii) and (iii)’’. property’ means property— such property shall be treated as originally (c) EFFECTIVE DATE.—The amendments ‘‘(i)(I) to which this section applies which placed in service not earlier than the date on made by this section shall apply to property has a recovery period of 20 years or less or which such property is used under the lease- placed in service after December 31, 2001, in which is water utility property, back referred to in subclause (II). taxable years ending after such date. ‘‘(II) which is computer software (as de- ‘‘(E) COORDINATION WITH SECTION 280F.—For fined in section 167(f)(1)(B)) for which a de- purposes of section 280F— TITLE VI—ADDITIONAL PROVISIONS duction is allowable under section 167(a) ‘‘(i) AUTOMOBILES.—In the case of a pas- SEC. 602. EMERGENCY DESIGNATION. without regard to this subsection, senger automobile (as defined in section Congress designates as emergency require- ‘‘(III) which is qualified leasehold improve- 280F(d)(5)) which is qualified property, the ment property, or ments pursuant to section 252(e) of the Bal- Secretary shall increase the limitation anced Budget and Emergency Deficit Control ‘‘(IV) which is eligible for depreciation under section 280F(a)(1)(A)(i) by $4,600. under section 167(g), Act of 1985 the following amounts: ‘‘(ii) LISTED PROPERTY.—The deduction al- (1) An amount equal to the amount by ‘‘(ii) the original use of which commences lowable under paragraph (1) shall be taken with the taxpayer after December 31, 2001, which revenues are reduced by this Act into account in computing any recapture below the recommended levels of Federal ‘‘(iii) which is— amount under section 280F(b)(2). revenues for fiscal year 2002, the total of fis- ‘‘(I) acquired by the taxpayer after Decem- ‘‘(3) QUALIFIED LEASEHOLD IMPROVEMENT cal years 2002 through 2006, and the total of ber 31, 2001, and before January 1, 2004, but PROPERTY.—For purposes of this subsection— fiscal years 2002 through 2011, provided in the only if no written binding contract for the ‘‘(A) IN GENERAL.—The term ‘qualified conference report accompanying H. Con. Res. acquisition was in effect before January 1, leasehold improvement property’ means any 83, the concurrent resolution on the budget 2002, or improvement to an interior portion of a for fiscal year 2002. ‘‘(II) acquired by the taxpayer pursuant to building which is nonresidential real prop- (2) Amounts equal to the amounts of new a written binding contract which was en- erty if— budget authority and outlays provided in tered into after December 31, 2001, and before ‘‘(i) such improvement is made under or this Act in excess of the allocations under January 1, 2004, and pursuant to a lease (as defined in subsection ‘‘(iv) which is placed in service by the tax- (h)(7))— section 302(a) of the Congressional Budget payer before January 1, 2004, or, in the case ‘‘(I) by the lessee (or any sublessee) of such Act of 1974 to the Committee on Finance of of property described in subparagraph (B), portion, or the Senate for fiscal year 2002, the total of before January 1, 2005. ‘‘(II) by the lessor of such portion, fiscal years 2002 through 2006, and the total of fiscal years 2002 through 2011. ‘‘(B) CERTAIN PROPERTY HAVING LONGER ‘‘(ii) such portion is to be occupied exclu- PRODUCTION PERIODS TREATED AS QUALIFIED sively by the lessee (or any sublessee) of such PROPERTY.— portion, and SA 2805. Mr. SESSIONS submitted an ‘‘(i) IN GENERAL.—The term ‘qualified prop- ‘‘(iii) such improvement is placed in serv- amendment intended to be proposed to erty’ includes property— ice more than 3 years after the date the amendment SA 2698 submitted by Mr. ‘‘(I) which meets the requirements of building was first placed in service. DASCHLE and intended to be proposed clauses (i), (ii), and (iii) of subparagraph (A), ‘‘(B) CERTAIN IMPROVEMENTS NOT IN- to the bill (H.R. 622) to amend the In- ‘‘(II) which has a recovery period of at CLUDED.—Such term shall not include any ternal Revenue Code of 1986 to expand least 10 years or is transportation property, improvement for which the expenditure is the adoption credit, and for other pur- and attributable to— ‘‘(III) which is subject to section 263A by ‘‘(i) the enlargement of the building, poses; which was ordered to lie on the reason of clause (ii) or (iii) of subsection ‘‘(ii) any elevator or escalator, table; as follows: (f)(1)(B) thereof. ‘‘(iii) any structural component benefiting Add at the end of title V of the amend- ‘‘(ii) ONLY PRE-JANUARY 1, 2004, BASIS ELIGI- a common area, and ment, add the following: BLE FOR ADDITIONAL ALLOWANCE.—In the case ‘‘(iv) the internal structural framework of SEC. ll. ADDITIONAL REQUIREMENTS TO EN- of property which is qualified property solely the building. SURE GREATER USE OF ADVANCE by reason of clause (i), paragraph (1) shall ‘‘(C) DEFINITIONS AND SPECIAL RULES.—For PAYMENT OF EARNED INCOME apply only to the extent of the adjusted basis purposes of this paragraph— CREDIT. thereof attributable to manufacture, con- ‘‘(i) BINDING COMMITMENT TO LEASE TREAT- Not later than February 1, 2002, the Sec- struction, or production before January 1, ED AS LEASE.—A binding commitment to retary of the Treasury by regulation shall 2004. enter into a lease shall be treated as a lease, require— ‘‘(iii) TRANSPORTATION PROPERTY.—For pur- and the parties to such commitment shall be (1) each employer of an employee who the poses of this subparagraph, the term ‘trans- treated as lessor and lessee, respectively. employer determines receives wages in an portation property’ means tangible personal ‘‘(ii) RELATED PERSONS.—A lease between amount which indicates that such employee property used in the trade or business of related persons shall not be considered a would be eligible for the earned income cred- transporting persons or property. lease. For purposes of the preceding sen- it under section 32 of the Internal Revenue ‘‘(C) EXCEPTIONS.— tence, the term ‘related persons’ means— Code of 1986 to provide such employee with a ‘‘(i) ALTERNATIVE DEPRECIATION PROP- ‘‘(I) members of an affiliated group (as de- simplified application for an earned income ERTY.—The term ‘qualified property’ shall fined in section 1504), and eligibility certificate, and

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(2) require each employee wishing to re- ‘‘(c) DEFINITIONS.—For purposes of this sec- ‘‘(2) COORDINATION WITH ADVANCE PAY- ceive the earned income tax credit to com- tion— MENT.—Rules similar to the rules of section plete and return the application to the em- ‘‘(1) COVERAGE MONTH.— 32(g) shall apply to any credit to which this ployer within 30 days of receipt. ‘‘(A) IN GENERAL.—The term ‘coverage section applies. Such regulations shall require an employer month’ means, with respect to an individual, ‘‘(e) EXPENSES MUST BE SUBSTANTIATED.— to provide such an application within 30 days any month if— A payment for insurance to which subsection of the hiring date of an employee and at ‘‘(i) as of the first day of such month such (a) applies may be taken into account under least annually thereafter. Such regulations individual is covered by qualified health in- this section only if the taxpayer substan- shall further provide that, upon receipt of a surance, and tiates such payment in such form as the Sec- completed form, an employer shall provide ‘‘(ii) the premium for coverage under such retary may prescribe. for the advance payment of the earned in- insurance, or any portion of the premium, ‘‘(f) REGULATIONS.—The Secretary shall come credit as provided under section 3507 of for such month is paid by the taxpayer. prescribe such regulations as may be nec- essary to carry out the purposes of this sec- the Internal Revenue Code of 1986. ‘‘(B) EXCLUSION OF MONTHS IN WHICH INDI- tion. SEC. ll. EXTENSION OF ADVANCE PAYMENT OF VIDUAL IS IMPRISONED.—Such term shall not ‘‘(g) TERMINATION.—This section shall not EARNED INCOME CREDIT TO ALL EL- include any month with respect to an indi- apply to any amount paid after December 31, IGIBLE TAXPAYERS. vidual if, as of the first day of such month, (a) IN GENERAL.—Section 3507(b) of the In- 2002.’’. such individual is imprisoned under Federal, (b) INFORMATION REPORTING.— ternal Revenue Code of 1986 (relating to State, or local authority. earned income eligibility certificate) is (1) IN GENERAL.—Subpart B of part III of ‘‘(2) ELIGIBLE INDIVIDUAL.— subchapter A of chapter 61 (relating to infor- amended by striking paragraph (2) and by re- ‘‘(A) IN GENERAL.—The term ‘eligible indi- designating paragraphs (3) and (4) as para- mation concerning transactions with other vidual’ means an individual who is— persons) is amended by inserting after sec- graphs (2) and (3), respectively. ‘‘(i) a covered employee (as defined in sec- (b) CONFORMING AMENDMENTS.— tion 6050S the following: tion 4980B(f)) of the plan sponsor of the ‘‘SEC. 6050T. RETURNS RELATING TO PAYMENTS (1) Section 3507(c)(2)(B) of the Internal qualified health insurance, and Revenue Code of 1986 is amended by inserting FOR QUALIFIED HEALTH INSUR- ‘‘(ii) eligible for continuation coverage by ANCE. ‘‘has 1 or more qualifying children and’’ be- reason of a qualifying event which occurs ‘‘(a) IN GENERAL.—Any person who, in con- fore ‘‘is not married,’’. after September 11, 2001. nection with a trade or business conducted (2) Section 3507(c)(2)(C) of such Code is ‘‘(B) DEPENDENTS OF TERRORIST VICTIMS.— by such person, receives payments during amended by striking ‘‘the employee’’ and in- The term ‘eligible individual’ shall include any calendar year from any individual for serting ‘‘an employee with 1 or more quali- the spouse, child, or other individual who— coverage of such individual or any other in- fying children’’. ‘‘(i) was an insured under health insurance dividual under creditable health insurance, (3) Section 3507(f) of such Code is amended coverage of an individual who was killed as shall make the return described in sub- by striking ‘‘who have 1 or more qualifying a result of the terrorist-related aircraft section (b) (at such time as the Secretary children and’’. crashes on September 11, 2001, or as a result may by regulations prescribe) with respect (c) EFFECTIVE DATE.—The amendments of any other terrorist-related event occur- to each individual from whom such pay- made by this section shall apply to taxable ring during the period beginning on Sep- ments were received. years beginning after December 31, 2001. tember 11, 2001, and ending on December 31, ‘‘(b) FORM AND MANNER OF RETURNS.—A re- 2002, and SA 2806. Ms. LANDRIEU submitted turn is described in this subsection if such ‘‘(ii) is eligible for continuation coverage return— an amendment intended to be proposed by reason of the death of such individual. ‘‘(1) is in such form as the Secretary may by her to the bill H.R. 622, to amend ‘‘(C) CERTAIN COVERAGE TREATED AS CON- prescribe, and the Internal Revenue Code of 1986 to TINUATION COVERAGE.—If an individual during ‘‘(2) contains— expand the adoption credit, and for the period beginning on September 11, 2001, ‘‘(A) the name, address, and TIN of the in- other purposes; which was ordered to and ending on December 31, 2002— dividual from whom payments described in lie on the table; as follows: ‘‘(i) elects to take a voluntary leave pro- subsection (a) were received, gram offered by such individual’s employer At the end, add the following: ‘‘(B) the name, address, and TIN of each in- after the employer has announced that em- dividual who was provided by such person TITLE VI—REFUNDABLE HEALTH ployee separations will occur as a result of with coverage under creditable health insur- INSURANCE COSTS CREDIT the terrorist-related aircraft crashes on Sep- ance by reason of such payments and the pe- SEC. 601. REFUNDABLE HEALTH INSURANCE tember 11, 2001, or as a result of any other riod of such coverage, COSTS CREDIT. terrorist-related event occurring during such ‘‘(C) the aggregate amount of payments de- (a) ALLOWANCE OF CREDIT.— period; and scribed in subsection (a), (1) IN GENERAL.—Subpart C of part IV of ‘‘(ii) is eligible under such voluntary leave ‘‘(D) the qualified health insurance credit subchapter A of chapter 1 (relating to re- program, and has elected, to continue their advance amount (as defined in section fundable personal credits) is amended by re- health insurance coverage under a group 7527(e)) received by such person with respect designating section 35 as section 36 and in- health plan through payment of 100 percent to the individual described in subparagraph serting after section 34 the following: of the premium for such coverage, (A), and ‘‘SEC. 35. HEALTH INSURANCE COSTS. then, for purposes of this section, such indi- ‘‘(E) such other information as the Sec- ‘‘(a) ALLOWANCE OF CREDIT.—In the case of vidual shall be treated as an eligible indi- retary may reasonably prescribe. an eligible individual, there shall be allowed vidual and such coverage shall be treated as ‘‘(c) CREDITABLE HEALTH INSURANCE.—For as a credit against the tax imposed by this qualified health insurance. purposes of this section, the term ‘creditable subtitle for the taxable year an amount ‘‘(3) QUALIFIED HEALTH INSURANCE.—The health insurance’ means qualified health in- equal to the amount paid by the taxpayer term ‘qualified health insurance’ means surance (as defined in section 35(c)). during such taxable year for qualified health health insurance coverage under— ‘‘(d) STATEMENTS TO BE FURNISHED TO INDI- insurance for the taxpayer and the tax- ‘‘(A) a COBRA continuation provision (as VIDUALS WITH RESPECT TO WHOM INFORMA- payer’s spouse and dependents. defined in section 9832(d)(1)), or TION IS REQUIRED.—Every person required to ‘‘(b) LIMITATIONS.— ‘‘(B) section 8905a of title 5, United States make a return under subsection (a) shall fur- ‘‘(1) MAXIMUM DOLLAR AMOUNT.— Code. nish to each individual whose name is re- ‘‘(A) IN GENERAL.—The amount allowed as quired under subsection (b)(2)(A) to be set a credit under subsection (a) to the taxpayer Such term includes such continuation cov- forth in such return a written statement for the taxable year shall not exceed the sum erage provided in a State that has enacted a showing— of the monthly limitations for coverage law that requires such coverage even though ‘‘(1) the name and address of the person re- months during such taxable year. the coverage would not otherwise be required quired to make such return and the phone under the provisions of law referred to in ‘‘(B) MONTHLY LIMITATION.—The monthly number of the information contact for such limitation for each coverage month during subparagraph (A). person, the taxable year is an amount equal to 75 ‘‘(4) QUALIFYING EVENT.—The term ‘quali- ‘‘(2) the aggregate amount of payments de- percent of the amount paid for qualified fying event’ means an event described in sec- scribed in subsection (a) received by the per- health insurance for such month. tion 4980B(f)(3)(B), except that such term son required to make such return from the shall not include a voluntary termination. ‘‘(2) 12-MONTH LIMITATION.—For purposes of individual to whom the statement is re- paragraph (1), the total number of coverage ‘‘(d) SPECIAL RULES.— quired to be furnished, months taken into account with respect to ‘‘(1) COORDINATION WITH MEDICAL EXPENSE ‘‘(3) the information required under sub- each qualifying event of the individual shall DEDUCTION.—The amount which would (but section (b)(2)(B) with respect to such pay- not exceed the lesser of— for this paragraph) be taken into account by ments, and ‘‘(A) the total number of consecutive cov- the taxpayer under section 213 for the tax- ‘‘(4) the qualified health insurance credit erage months starting with the first cov- able year shall be reduced by the credit (if advance amount (as defined in section erage month with respect to the event, or any) allowed by this section to the taxpayer 7527(e)) received by such person with respect ‘‘(B) 12. for such year. to the individual described in paragraph (2).

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S376 CONGRESSIONAL RECORD — SENATE February 5, 2002 The written statement required under the ning after December 31, 2001, without regard ment of a qualified health insurance credit preceding sentence shall be furnished on or to whether final regulations to carry out advance amount with respect to any eligible before January 31 of the year following the such amendments have been promulgated by individual may be made under subsection (a) calendar year for which the return under such date. unless the plan sponsor of the group health subsection (a) is required to be made. (2) PENALTIES.—The amendments made by plan or qualified health insurance issuer pro- ‘‘(e) RETURNS WHICH WOULD BE REQUIRED subsections (c) and (d)(4) shall take effect on vides to the Secretary— TO BE MADE BY 2 OR MORE PERSONS.—Except the date of the enactment of this Act. ‘‘(1) the qualified health insurance credit to the extent provided in regulations pre- SEC. 602. ADVANCE PAYMENT OF CREDIT TO eligibility certificate of such individual, and scribed by the Secretary, in the case of any ISSUERS OF QUALIFIED HEALTH IN- ‘‘(2) the return relating to such individual amount received by any person on behalf of SURANCE. under section 6050T. another person, only the person first receiv- (a) IN GENERAL.—Chapter 77 (relating to ‘‘(g) QUALIFIED PREMIUM PAYMENTS TO BE ing such amount shall be required to make miscellaneous provisions) is amended by add- TREATED AS PAYMENTS OF WITHHOLDING the return under subsection (a).’’. ing at the end the following: AMOUNTS AND CERTAIN EMPLOYER TAX.— (2) ASSESSABLE PENALTIES.— ‘‘SEC. 7527. ADVANCE PAYMENT OF HEALTH IN- ‘‘(1) IN GENERAL.—For purposes of this (A) Subparagraph (B) of section 6724(d)(1) SURANCE CREDIT FOR PURCHASERS title, qualified premium payments made or (relating to definitions) is amended by redes- OF QUALIFIED HEALTH INSURANCE. costs incurred by the sponsor of a group ‘‘(a) GENERAL RULE.—Every plan sponsor of ignating clauses (xi) through (xvii) as health plan, or any entity designated by the a group health plan providing, or qualified clauses (xii) through (xviii), respectively, sponsor to make such payments or incur health insurance issuer of, qualified health and by inserting after clause (x) the fol- such costs— insurance to an eligible individual shall— lowing: ‘‘(A) shall not be treated as compensation, ‘‘(1) make qualified premium payments ‘‘(xi) section 6050T (relating to returns re- and with respect to such individual in an amount lating to payments for qualified health in- ‘‘(B) shall be treated, in such manner as equal to the qualified health insurance cred- surance),’’. provided by the Secretary, as made out of— it advance amount, and (B) Paragraph (2) of section 6724(d) is ‘‘(i) amounts required to be deposited by ‘‘(2) treat such payments in the manner amended by striking ‘‘or’’ at the end of the the taxpayer as estimated income tax under provided in subsection (g). next to last subparagraph, by striking the section 6654 or 6655, ‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of period at the end of the last subparagraph ‘‘(ii) amounts required to be deducted and and inserting ‘‘, or’’, and by adding at the this section, the term ‘eligible individual’ means any individual— withheld under section 3401 (relating to wage end the following: withholding), ‘‘(BB) section 6050T(d) (relating to returns ‘‘(1) who purchases qualified health insur- ance (as defined in section 35(c)), and ‘‘(iii) amounts of the taxes imposed under relating to payments for qualified health in- section 3111(a) or 50 percent of taxes imposed surance).’’. ‘‘(2) for whom a qualified health insurance credit eligibility certificate is in effect. under section 1401(a) (relating to FICA em- (3) CLERICAL AMENDMENT.—The table of ‘‘(c) DEFINITIONS.—For purposes of this sec- ployer taxes), or sections for subpart B of part III of sub- tion— ‘‘(iv) amounts required to be deducted chapter A of chapter 61 is amended by insert- ‘‘(1) QUALIFIED HEALTH INSURANCE ISSUER.— under section 3102 with respect to taxes im- ing after the item relating to section 6050S The term ‘qualified health insurance issuer’ posed under section 3101(a) or 50 percent of the following: means a health insurance issuer described in taxes imposed under section 1401(a) (relating ‘‘Sec. 6050T. Returns relating to payments section 9832(b)(2) (determined without regard to FICA employee taxes), for qualified health insur- to the last sentence thereof) offering cov- as if such sponsor, or such designated entity, ance.’’. erage in connection with a group health had paid to the Secretary an amount equal (c) CRIMINAL PENALTY FOR FRAUD.—Sub- plan. to such payments. chapter B of chapter 75 (relating to other of- ‘‘(2) GROUP HEALTH PLAN.—The term ‘group ‘‘(2) QUALIFIED PREMIUM PAYMENTS EXCEED fenses) is amended by adding at the end the health plan’ has the meaning given such TAXES DUE.—In the case of any entity, if for following: term by section 5000(b)(1) (determined with- any time period the aggregate qualified pre- mium payments exceed the amounts de- ‘‘SEC. 7276. PENALTIES FOR OFFENSES RELATING out regard to subsection (d) thereof). TO HEALTH INSURANCE TAX CRED- ‘‘(3) QUALIFIED PREMIUM PAYMENTS.—The scribed in paragraph (1)(B), the Secretary IT. term ‘qualified premium payments’ means shall reduce amounts described in such para- ‘‘Any person who knowingly misuses De- any amount paid or incurred, cost incurred, graph for any succeeding time period as nec- partment of the Treasury names, symbols, or health coverage value provided, with re- essary to reflect such excess. titles, or initials to convey the false impres- spect to qualified health insurance for an eli- ‘‘(3) FAILURE TO MAKE QUALIFIED PREMIUM sion of association with, or approval or en- gible individual and the individual’s spouse PAYMENTS.—For purposes of this title (in- dorsement by, the Department of the Treas- and dependents. For purposes of the pre- cluding penalties), failure to make a quali- ury of any insurance products or group ceding sentence, in the case of a group fied premium payment with respect to an el- health coverage in connection with the cred- health plan, the health coverage value is igible individual at the time provided there- it for health insurance costs under section 35 equal to the applicable premium under the for shall be treated as the failure at such shall on conviction thereof be fined not more plan for the qualified health insurance cov- time to deduct and withhold under chapter than $10,000, or imprisoned not more than 1 erage provided to an eligible individual and 24 of such Code in an amount equal to the year, or both.’’. the individual’s spouse and dependents, as amount of such qualified premium pay- (d) CONFORMING AMENDMENTS.— determined under section 4980B. ments. (1) Section 162(l) is amended by adding at ‘‘(d) QUALIFIED HEALTH INSURANCE CREDIT ‘‘(g) REGULATIONS.—The Secretary shall the end the following: ELIGIBILITY CERTIFICATE.—For purposes of prescribe such regulations as may be nec- ‘‘(6) ELECTION TO HAVE SUBSECTION APPLY.— this section, a qualified health insurance essary to carry out the purposes of this sec- No deduction shall be allowed under para- credit eligibility certificate is a statement tion.’’. graph (1) for a taxable year unless the tax- furnished by an individual to a plan sponsor (b) CLERICAL AMENDMENT.—The table of payer elects to have this subsection apply for of a group health plan or qualified health in- sections for chapter 77 is amended by adding such year.’’. surance issuer which— at the end the following: (2) Paragraph (2) of section 1324(b) of title ‘‘(1) certifies that the individual will be eli- 31, United States Code, is amended by insert- gible to receive the credit provided by sec- ‘‘Sec. 7527. Advance payment of health insur- ing before the period ‘‘, or from section 35 of tion 35 for the taxable year, ance credit for purchasers of such Code’’. ‘‘(2) estimates the amount of such credit qualified health insurance.’’. (3) The table of sections for subpart C of for such taxable year, and (c) EFFECTIVE DATE.—The amendments part IV of subchapter A of chapter 1 is ‘‘(3) provides such other information as the made by this section shall take effect on amended by striking the last item and in- Secretary may require for purposes of this January 1, 2002, without regard to whether serting the following: section. final regulations to carry out such amend- ‘‘(e) QUALIFIED HEALTH INSURANCE CREDIT ‘‘Sec. 35. Health insurance costs. ments have been promulgated by such date. ADVANCE AMOUNT.—For purposes of this sec- ‘‘Sec. 36. Overpayments of tax.’’. tion, the term ‘qualified health insurance SEC. 603. COBRA NOTIFICATION REQUIREMENTS. (4) The table of sections for subchapter B credit advance amount’ means, with respect (a) CHANGE IN COBRA NOTICE.— of chapter 75 is amended by adding at the to any plan sponsor of a group health plan (1) GENERAL NOTICE.—For purposes of this end the following: providing, or qualified health insurance section— issuer of, qualified health insurance, the (A) IN GENERAL.—Any notice required to be ‘‘Sec. 7276. Penalties for offenses relating to amount of credit allowable under section 35 provided under section 4980B(f)(6) of the In- health insurance tax credit.’’. to the individual for the taxable year which ternal Revenue Code of 1986, section 2206 of (e) EFFECTIVE DATES.— is attributable to the insurance provided to the Public Health Service Act (42 U.S.C. (1) IN GENERAL.—Except as provided in the individual by such sponsor or issuer. 300bb–6), section 606 of the Employee Retire- paragraph (2), the amendments made by this ‘‘(f) REQUIRED DOCUMENTATION FOR RECEIPT ment Income Security Act of 1974 (29 U.S.C. section shall apply to taxable years begin- OF PAYMENTS OF ADVANCE AMOUNT.—No pay- 1166), or section 8905a(f)(2)(A) of title 5,

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S377 United States Code, with respect to an eligi- tion and answer inquiries about the qualified At the end, add the following: ble individual shall include an additional no- premium payments available under section SEC. . PERMANENT REPEAL OF ESTATE TAXES. tification to the recipient of the availability 7527 of the Internal Revenue Code of 1986; Section 901 of the Economic Growth and of qualified premium payments for such cov- (ii) prescribe models for the additional no- Tax Relief Reconciliation Act of 2001 is erage under section 7527 of the Internal Rev- tification required under this subsection and amended— enue Code of 1986. the forms necessary for establishing eligi- (1) by striking ‘‘this Act’’ and all that fol- (B) ALTERNATIVE NOTICE.—In the case of bility, and requesting, such qualified pre- lows through 2010.’’ in subsection (a) and in- COBRA continuation coverage to which the mium payments; serting ‘‘this Act (other than title V) shall notice provision under such sections does not (iii) notify each covered employer, plan not apply to taxable, plan, or limitation apply, the Secretary of the Treasury, in con- sponsors of a group health plan providing years beginning after December 31, 2010.’’, sultation with the Secretary of Labor, shall, qualified health insurance, and qualified and in coordination with administrators of the health insurance issuers of qualified health (2) by striking, ‘‘, estates, gifts, and trans- group health plans (or other entities) that insurance of such qualified premium pay- fers’’ in subsection (b). provide or administer the COBRA continu- ments, and notify each covered employer of Mr. DORGAN (for himself, ation coverage involved, assure the provision the additional notification required under SA 2808. of such notice. this subsection; Mr. REID, Mr. INOUYE, and Mr. CONRAD) (C) FORM.—The requirement of the addi- (iv) make the model notification and forms proposed an amendment to amendment tional notification under this paragraph may under clause (ii) available to each such cov- SA 2764 submitted Mr. REID and in- be met by amendment of existing notice ered employer; and tended to be proposed to the amend- forms or by inclusion of a separate document (v) provide, in consultation with the Sec- ment SA 2698 proposed by Mr. DASCHLE with the notice otherwise required. retary of Labor, the additional notification to the bill (H.R. 622) to amend the In- (2) SPECIFIC REQUIREMENTS.—Each addi- required for individuals described in para- ternal Revenue Code of 1986 to expand tional notification under paragraph (1) shall graph (1)(B). include the following: the adoption credit, and for other pur- (B) COVERED EMPLOYERS.—Not later than 15 poses; as follows: (A) The forms necessary for establishing days after the model notification and forms At the end, add the following: eligibility for, and making a designation to are made available under subparagraph request, qualified premium payments under (A)(iv), each covered employer or their des- TITLE lll—TRAVEL INDUSTRY section 7527 of the Internal Revenue Code of ignee shall— STABILIZATION 1986. (i) provide the additional notification re- SECTION l01. SHORT TITLE. (B) The following displayed in a prominent quired under this subsection; and This title may be cited as the ‘‘American manner: (ii) be able to comply with such additional Travel Industry Stabilization Act’’. (i) The name, address, and telephone num- notification requirement in the case of any SEC. l02. TRAVEL INDUSTRY DISASTER RELIEF. ber necessary to contact the employer, ad- individual described in paragraph (1)(A). (a) IN GENERAL.—Notwithstanding any ministrator, and any other person maintain- (C) DEFINITION OF COVERED EMPLOYER.—For other provision of law, the President shall ing relevant information in connection with purposes of this section, the term ‘‘covered take the actions described in subsection (b) how to request such qualified premium pay- employer’’ means, for any calendar year, any to compensate eligible travel-related busi- ments. person on whom an excise tax is imposed nesses. (ii) The toll-free telephone number and under section 3111 or 1401 of the Internal (b) ACTIONS DESCRIBED.— Internet website address established under Revenue Code of 1986 with respect to having (1) IN GENERAL.—Subject to such terms and paragraph (4)(A)(i). an individual in the person’s employ to conditions as the President deems necessary, (iii) The name, address, and telephone whom wages are paid by such person during and upon application, the President is au- number for the group health plan (including such calendar year. thorized to issue Federal credit instruments a multiemployer plan), issuer of health in- to eligible travel-related businesses de- (5) ELIGIBLE INDIVIDUAL.—For purposes of surance coverage, administrator, an em- this subsection, the term ‘‘eligible indi- scribed in subsection (c) that do not, in the ployer, or other entity (as appropriate with vidual’’ has the meaning given such term by aggregate, exceed $2,000,000,000 and provide respect to the individual) that will collect section 35(c)(2) of the Internal Revenue Code the subsidy amounts necessary for such in- the monthly premium for such coverage, of 1986. struments in accordance with the provisions specifying that the forms described in sub- (b) EFFECTIVE DATE.—This section shall of the Federal Credit Reform Act of 1990 (2 paragraph (A) are to be completed by the in- not apply with respect to qualified premium U.S.C. 661 et seq.). dividual and sent to such entity. payments made after December 31, 2002. (2) TIME FOR APPLICATION.—An application for a Federal credit instrument shall be filed (iv) The following statement: SEC. 604. TEMPORARY EXTENSION OF ELECTION ‘‘You may be eligible to receive qualified PERIOD FOR CERTAIN SEPARATED by an eligible travel-related business not premium payments for payment of 75 percent INDIVIDUALS. later than 1 year after the promulgation of of your COBRA continuation coverage pre- (a) TEMPORARY EXTENSION OF ELECTION PE- regulations. miums and with temporary medicaid cov- RIOD FOR CERTAIN SEPARATED INDIVIDUALS.— (3) TERMS OF CREDIT INSTRUMENTS.—A loan erage for the remaining premium portion for Notwithstanding any other provision of law, guaranteed under this title may be used ex- a duration of not to exceed 12 months. This the election period for COBRA continuation clusively for the purpose of meeting obliga- assistance will not be available after Decem- coverage with respect to any eligible indi- tions and expenses to the extent that an ap- ber 31, 2002. Return the enclosed forms as vidual (as defined in section 35(c)(2) of the plicant demonstrates— soon as possible to the address specified.’’. Internal Revenue Code of 1986) for whom (A) business operations were directly and (C) The dollar amount equal to 25 percent such period has expired as of the date of en- adversely affected by the events of Sep- of the monthly 2002 premium that would be actment of this Act, shall not end before the tember 11, 2001; owed during 2002 by the individual for the date that is 60 days after the date the indi- (B) the loan guarantee is necessary to meet coverage if the individual is eligible for, and vidual receives the supplemental notice re- such obligations; requests, qualified premium payments. quired under section 603(a)(3). (C) the inability of the applicant to meet (3) SUPPLEMENTAL NOTICE FOR INDIVIDUALS (b) PREEXISTING CONDITIONS.—If an indi- such obligations or expenses is directly at- PREVIOUSLY PROVIDED NOTICE OR WHOSE ELEC- vidual is entitled to a supplemental notice tributable to the impact of September 11, TION PERIOD IS TEMPORARILY EXTENDED.—In under section 603(a)(3), any period before the 2001; and the case of notices described in paragraph (1) receipt of such notice shall be disregarded (D) the applicant has the ability to repay which were transmitted before the date of for purposes of determining the 63-day peri- the loan. enactment of this Act to an eligible indi- ods referred to in section 701(c)(2) of the Em- (c) DEFINITIONS.—In this title: vidual who has elected (or is still eligible to ployee Retirement Income Security Act of (1) BOARD.—The term ‘‘Board’’ means the elect, including as a result of section 604) 1974 (29 U.S.C. 1181(c)(2)), section 2701(c)(2) of Air Transportation Stabilization Board es- COBRA continuation coverage as of the date the Public Health Service Act (42 U.S.C. tablished under the Air Transportation Safe- of enactment of this Act, the employer, ad- 300gg(c)(2)), and section 9801(c)(2) of the In- ty and System Stabilization Act (49 U.S.C. ministrator, or other entity involved, or the ternal Revenue Code of 1986. 40101 note; P.L. 107–42). Secretary of the Treasury, in consultation (2) ELIGIBLE TRAVEL-RELATED BUSINESS.— with the Secretary of Labor (in the case de- SA 2807. Mr. SESSIONS (for Mr. KYL The term ‘‘eligible travel-related business’’ scribed in the paragraph (1)(B)), shall provide (for himself, Mr. NICKLES, and Mr. SES- means a business that was injured by the (within the period required under paragraph SIONS)) proposed an amendment to Government shutdown of the airline indus- (4)(B)(i)) for the additional notification re- amendment SA 2721 submitted by Mr. try following the terrorist attacks on the quired to be provided under this subsection. REID and intended to be proposed to United States that occurred on September (4) REQUIRED TIMELINE.— the amendment SA 2698 proposed by 11, 2001, and that on such date— (A) IN GENERAL.—Not later than 15 days (A) had a contractual arrangement with an after the date of enactment of this Act, the Mr. DASCHLE to the bill (H.R. 622) to air carrier to provide goods or services, in- Secretary of the Treasury shall— amend the Internal Revenue Code of cluding those with a contractual relation- (i) establish a toll-free telephone number 1986 to expand the adoption credit, and ship with the Airline Reporting Corporation; and an Internet website to provide informa- for other purposes; as follows: or

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S378 CONGRESSIONAL RECORD — SENATE February 5, 2002 (B) was a nonaeronautical for-profit busi- (ii) the Government guarantee shall cover SEC. ll. EXTENSION OF ADVANCE PAYMENT OF ness operating at an airport engaged in the not less than 80 percent of the value of the EARNED INCOME CREDIT TO ALL EL- sale of consumer goods or services to the loan; IGIBLE TAXPAYERS. public under an arrangement with the air- (iii) loan guarantees under this title shall (a) IN GENERAL.—Section 3507(b) of the In- port or the airport’s governing body. be extended based upon the ability of the eli- ternal Revenue Code of 1986 (relating to earned income eligibility certificate) is (3) FEDERAL CREDIT INSTRUMENT.—The term gible travel-related business to repay the ‘‘Federal credit instrument’’ means any loan without regard to collateral; and amended by striking paragraph (2) and by re- designating paragraphs (3) and (4) as para- guarantee or other pledge by the Board (iv) any loan origination fee may not ex- graphs (2) and (3), respectively. issued under section l02(b) to pledge the full ceed 1 percent of the loan value. (b) CONFORMING AMENDMENTS.— faith and credit of the United States to pay (B) PROCEDURES.—Not later than 14 days (1) Section 3507(c)(2)(B) of the Internal all or part of any of the principal of and in- after the date of enactment of this title, the Revenue Code of 1986 is amended by inserting terest on a loan or other debt obligation Director of the Office of Management and ‘‘has 1 or more qualifying children and’’ be- issued by an obligor and funded by a lender. Budget, in consultation with the Board, shall fore ‘‘is not married,’’. (4) FINANCIAL OBLIGATION.—The term ‘‘fi- issue regulations setting forth procedures for (2) Section 3507(c)(2)(C) of such Code is nancial obligation’’ means any note, bond, application and minimum requirements. amended by striking ‘‘the employee’’ and in- debenture, or other debt obligation issued by (c) FINANCIAL PROTECTION OF GOVERN- serting ‘‘an employee with 1 or more quali- an obligor in connection with financing MENT.— fying children’’. under this section and section l02(b). (1) IN GENERAL.—To the extent feasible and (3) Section 3507(f) of such Code is amended (5) LENDER.—The term ‘‘lender’’ means any practicable, as provided in paragraphs (2) and by striking ‘‘who have 1 or more qualifying non-Federal qualified institutional buyer (as (3), the Board shall ensure that the Govern- children and’’. defined by section 230.144A(a) of title 17, Code ment is compensated for the risk assumed in (c) EFFECTIVE DATE.—The amendments of Federal Regulations (or any successor reg- making guarantees under this title. made by this section shall apply to taxable ulatory) known as rule 144A(a) of the Securi- (2) GOVERNMENT PARTICIPATION IN GAINS.— years beginning after December 31, 2001. ties and Exchange Commission and issued To the extent to which any participating under the Securities Act of 1933), including— corporation accepts financial assistance, in SA 2810. Mr. SESSIONS submitted an (A) a qualified retirement plan (as defined the form of accepting the proceeds of any amendment intended to be proposed to in section 4974(c) of the Internal Revenue loans guaranteed by the Government under amendment SA 2773 submitted by Mr. Code of 1986 (26 U.S.C. 4974(c))) that is a this title, the Board is authorized to enter GRASSLEY and intended to be proposed qualified institutional buyer; and into contracts under which the Government, to the bill (H.R. 622) to amend the In- (B) a governmental plan (as defined in sec- contingent on the financial success of the tion 414(d) of the Internal Revenue Code of ternal Revenue Code of 1986 to expand participating corporation, would participate the adoption credit, and for other pur- 1986 (26 U.S.C. 414(d))) that is a qualified in- in the gains of the participating corporation stitutional buyer. or its security holders through the use of poses; which was ordered to lie on the (6) OBLIGOR.—The term ‘‘obligor’’ means a such instruments as warrants, stock options, table; as follows: party primarily liable for payment of the common or preferred stock, or other appro- At the end of subtitle A of title VI of the principal of, or interest on, a Federal credit priate equity instruments. amendment, add the following: instrument, which party may be a corpora- (3) DEPOSIT IN TREASURY.—All amounts col- SEC. ll. ADDITIONAL REQUIREMENTS TO EN- tion, partnership, joint venture, trust, or lected by the Secretary of the Treasury SURE GREATER USE OF ADVANCE governmental entity, agency, or instrumen- under this subsection shall be deposited in PAYMENT OF EARNED INCOME CREDIT. tality. the Treasury as miscellaneous receipts. Not later than February 1, 2002, the Sec- (d) EMERGENCY DESIGNATION.—Congress (e) AUTHORIZATION OF FUNDS.—Congress au- retary of the Treasury by regulation shall designates the amount of new budget author- thorizes and hereby appropriates such sums require— ity and outlays in all fiscal years resulting as are necessary to carry out the purposes of (1) each employer of an employee who the from this title as an emergency requirement this title. employer determines receives wages in an pursuant to section 252(e) of the Balanced amount which indicates that such employee Budget and Emergency Deficit Control Act SA 2809. Mr. SESSIONS submitted an would be eligible for the earned income cred- of 1985 (2 U.S.C. 901(e)). Such amount shall be it under section 32 of the Internal Revenue available only to the extent that a request, amendment intended to be proposed to amendment SA 2773 submitted by Mr. Code of 1986 to provide such employee with a that includes designation of such amount as simplified application for an earned income an emergency requirement as defined in such GRASSLEY and intended to be proposed eligibility certificate, and Act, is transmitted by the President to Con- to the bill (H.R. 622) to amend the In- (2) require each employee wishing to re- gress. ternal Revenue Code of 1986 to expand ceive the earned income tax credit to com- SEC. l03. ADDITIONAL FUNCTIONS FOR THE AIR- the adoption credit, and for other pur- plete and return the application to the em- LINE STABILIZATION BOARD. poses; which was ordered to lie on the ployer within 30 days of receipt. (a) ADDITIONAL FUNCTIONS TO STABILIZE table; as follows: Such regulations shall require an employer THE TRAVEL INDUSTRY.—The Board shall re- to provide such an application within 30 days Add at the end of subtitle A of title VI of view and make recommendations to the of the hiring date of an employee and at the amendment, add the following: President with respect to applications for least annually thereafter. Such regulations Federal credit instruments submitted under SEC. ll. ADDITIONAL REQUIREMENTS TO EN- shall further provide that, upon receipt of a section l02(b). SURE GREATER USE OF ADVANCE completed form, an employer shall provide PAYMENT OF EARNED INCOME for the advance payment of the earned in- (b) FEDERAL CREDIT INSTRUMENTS.— CREDIT. come credit as provided under section 3507 of (1) IN GENERAL.—The Board may enter into Not later than February 1, 2002, the Sec- the Internal Revenue Code of 1986. agreements with 1 or more obligors to issue retary of the Treasury by regulation shall ll Federal credit instruments under section SEC. . EXTENSION OF ADVANCE PAYMENT OF require— EARNED INCOME CREDIT TO ALL EL- l02(b) if the Board determines, in its discre- (1) each employer of an employee who the IGIBLE TAXPAYERS. tion, that— employer determines receives wages in an (a) IN GENERAL.—Section 3507(b) of the In- (A) the obligor is an entity in a travel-re- amount which indicates that such employee ternal Revenue Code of 1986 (relating to lated business for which credit is not reason- would be eligible for the earned income cred- earned income eligibility certificate) is ably available at the time of the transaction; it under section 32 of the Internal Revenue amended by striking paragraph (2) and by re- (B) the intended obligation by the obligor Code of 1986 to provide such employee with a designating paragraphs (3) and (4) as para- is prudently incurred; and simplified application for an earned income graphs (2) and (3), respectively. (C) such agreement is a necessary part of eligibility certificate, and (b) CONFORMING AMENDMENTS.— maintaining a safe, efficient, and viable (2) require each employee wishing to re- (1) Section 3507(c)(2)(B) of the Internal travel industry in the United States. ceive the earned income tax credit to com- Revenue Code of 1986 is amended by inserting (2) TERMS AND LIMITATIONS.— plete and return the application to the em- ‘‘has 1 or more qualifying children and’’ be- (A) FORMS, TERMS, AND CONDITIONS.—A Fed- ployer within 30 days of receipt. fore ‘‘is not married,’’. eral credit instrument shall be issued under (2) Section 3507(c)(2)(C) of such Code is section l02(b) in such form and such terms Such regulations shall require an employer amended by striking ‘‘the employee’’ and in- and conditions and contain such covenants, to provide such an application within 30 days serting ‘‘an employee with 1 or more quali- representatives, warranties, and require- of the hiring date of an employee and at fying children’’. ments (including requirements for audits) as least annually thereafter. Such regulations (3) Section 3507(f) of such Code is amended the Board determines appropriate, provided shall further provide that, upon receipt of a by striking ‘‘who have 1 or more qualifying that— completed form, an employer shall provide children and’’. (i) a loan shall be repaid over a period not for the advance payment of the earned in- (c) EFFECTIVE DATE.—The amendments to exceed 5 years from the date that the loan come credit as provided under section 3507 of made by this section shall apply to taxable is guaranteed under this title; the Internal Revenue Code of 1986. years beginning after December 31, 2001.

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S379 SEC. ll. TEMPORARY EXPANSION OF PENALTY- ‘‘(1) IN GENERAL.—The term ‘qualified ele- intended to be proposed to the bill FREE RETIREMENT PLAN DISTRIBU- mentary and secondary education expenses’ (H.R. 622) to amend the Internal Rev- TIONS FOR HEALTH INSURANCE means computer technology or equipment enue Code of 1986 to expand the adop- PREMIUMS OF UNEMPLOYED INDI- expenses. VIDUALS. tion credit, and for other purposes; ‘‘(2) COMPUTER TECHNOLOGY OR EQUIP- (a) IN GENERAL.—Subparagraph (D) of sec- MENT.—The term ‘computer technology or which was ordered to lie on the table; tion 72(t)(2) is amended by adding at the end as follows: the following new clause: equipment’ has the meaning given such term Strike subsection (b) of the amendment ‘‘(iv) SPECIAL RULES FOR INDIVIDUALS RE- by section 170(e)(6)(F)(i) and includes Inter- and insert the following: CEIVING UNEMPLOYMENT COMPENSATION AFTER net access and related services and computer (b) EFFECTIVE DATE; SPECIAL RULE.— SEPTEMBER 10, 2001, AND BEFORE JANUARY 1, software if such software is predominately (1) EFFECTIVE DATE.—The amendment 2003.—In the case of an individual who re- educational in nature. ‘‘(e) SCHOOL.—For purposes of this section, made by this section shall take effect as if ceives unemployment compensation for 4 the term ‘school’ means any public, charter, included in the amendments made by section consecutive weeks after September 10, 2001, private, religious, or home school which pro- 312 of the Taxpayer Relief Act of 1997. and before January 1, 2003— vides elementary education or secondary (2) WAIVER OF LIMITATIONS.—If refund or ‘‘(I) clause (i) shall apply to distributions education (through grade 12), as determined credit of any overpayment of tax resulting from all qualified retirement plans (as de- under State law. from the amendment made by this section is fined in section 4974(c)), and ‘‘(f) DENIAL OF DOUBLE BENEFIT.—No de- prevented at any time before the close of the ‘‘(II) such 4 consecutive weeks shall be sub- duction shall be allowed under this chapter 1-year period beginning on the date of the stituted for the 12 consecutive weeks re- for any contribution for which credit is al- enactment of this Act by the operation of ferred to in subclause (I) of clause (i).’’ lowed under this section. any law or rule of law (including res judi- (b) EFFECTIVE DATE.—The amendment ‘‘(g) ELECTION TO HAVE CREDIT NOT cata), such refund or credit may nevertheless made by this section shall apply to distribu- APPLY.—A taxpayer may elect to have this be made or allowed if claim therefor is filed tions after the date of the enactment of this section not apply for any taxable year. before the close of such period. division. ‘‘(h) TERMINATION.—This section shall not SEC. ll. INCREASE IN CHILD TAX CREDIT. apply to expenses paid or incurred after the SA 2812. Mr. NICKLES (for Mr. (a) IN GENERAL.—The table contained in date which is 90 days after the date of the en- MCCAIN (for himself, Mr. ALLARD, Mr. section 24(a)(2) (relating to per child actment of this section.’’. LIEBERMAN, Ms. SNOWE, Mr. LEVIN, Mr. amount) is amended by striking all matter (b) CONFORMING AMENDMENTS.— MURKOWSKI, Mr. CLELAND, Mr. INHOFE, preceding the second item and inserting the (1) Section 24(b)(3)(B), as added and amend- following: ed by the Economic Growth and Tax Relief Ms. LANDRIEU, Mr. BURNS, Mr. DURBIN, ‘‘In the case of any ‘‘The per child Reconciliation Act of 2001, is amended by Mr. SESSIONS, Mr. DEWINE, Mr. THUR- taxable year begin- amount is— striking ‘‘23 and 25B’’ and inserting ‘‘23, 25B, MOND, Mr. SHELBY, Mr. HAGEL, Mr. ning in— and 25C’’. LUGAR, Mr. KENNEDY, Mr. WARNER, Ms. 2001 ...... $1,000 (2) Section 25(e)(1)(C) is amended by strik- COLLINS, Mr. HATCH, Mr. HELMS, Mr. 2002, 2003, or 2004 ...... 600’’. ing ‘‘23 and 1400C’’ and by inserting ‘‘23, 25C, (b) EFFECTIVE DATE.—The amendment ALLEN, Mr. KERRY, Mr. FITZGERALD, and 1400C’’. made by this section shall apply to taxable Mr. STEVENS, Mr. REID, Mr. MILLER, (3) Section 25(e)(1)(C), as amended by the years beginning after December 31, 2000. Mr. ROBERTS, Mr. BAYH, Mr. ENSIGN, Economic Growth and Tax Relief Reconcili- SEC. ll. TEMPORARY INCREASE IN DEDUCTION ation Act of 2001, is amended by inserting Mr. BUNNING, Mr. CAMPBELL, Mr. NEL- FOR CAPITAL LOSSES OF TAX- SON of Nebraska, Mr. DODD, Mr. JEF- PAYERS OTHER THAN CORPORA- ‘‘25C,’’ after ‘‘25B,’’. TIONS. (4) Section 25B, as added by the Economic FORDS, Mr. BROWNBACK, Mr. BIDEN, Ms. (a) IN GENERAL.—Subsection (b) of section Growth and Tax Relief Reconciliation Act of STABENOW, Mr. COCHRAN, and Mr. SAR- 1211 (relating to limitation on capital losses 2001, is amended by striking ‘‘section 23’’ and BANES)) submitted an amendment in- for taxpayers other than corporations) is inserting ‘‘sections 23 and 25C’’. tended to be proposed to amendment amended by adding at the end the following (5) Section 26(a)(1), as amended by the Eco- SA 2790 submitted by Mr. NICKLES and flush sentence: nomic Growth and Tax Relief Reconciliation intended to be proposed to the amend- ‘‘Paragraph (1) shall be applied by sub- Act of 2001, is amended by striking ‘‘and 25B’’ stituting ‘$5,000’ for ‘$3,000’ and ‘$2,500’ for and inserting ‘‘25B, and 25C’’. ment SA 2698 proposed by Mr. DASCHLE ‘$1,500’ in the case of taxable years beginning (6) Section 1400C(d) is amended by insert- to the bill (H.R. 622) to amend the In- in 2001 or 2002.’’. ing ‘‘and section 25C’’ after ‘‘this section’’. ternal Revenue Code of 1986 to expand (b) EFFECTIVE DATE.—The amendment (7) Section 1400C(d), as amended by the the adoption credit, and for other pur- made by subsection (a) shall apply to taxable Economic Growth and Tax Relief Reconcili- poses; which was ordered to lie on the years beginning after December 31, 2000. ation Act of 2001, is amended by striking table; as follows: SEC. ll. NONREFUNDABLE CREDIT FOR ELE- ‘‘and 25B’’ and inserting ‘‘25B, and 25C’’. Strike subsection (b) of the amendment MENTARY AND SECONDARY SCHOOL (8) The table of sections for subpart A of EXPENSES. and insert the following: part IV of subchapter A of chapter 1 is (a) IN GENERAL.—Subpart A of part IV of (b) EFFECTIVE DATE; SPECIAL RULE.— amended by inserting before the item relat- subchapter A of chapter 1 (relating to non- (1) EFFECTIVE DATE.—The amendment ing to section 26 the following new item: refundable personal credits) is amended by made by this section shall take effect as if inserting after section 25B the following new ‘‘Sec. 25C. Credit for elementary and sec- included in the amendments made by section section: ondary school expenses.’’. 312 of the Taxpayer Relief Act of 1997. (2) WAIVER OF LIMITATIONS.—If refund or ‘‘SEC. 25C. CREDIT FOR ELEMENTARY AND SEC- (c) EFFECTIVE DATE.—The amendments credit of any overpayment of tax resulting ONDARY SCHOOL EXPENSES. made by this section shall apply to taxable from the amendment made by this section is ‘‘(a) ALLOWANCE OF CREDIT.—In the case of years ending after the date of the enactment prevented at any time before the close of the an individual who maintains a household of this division. which includes as a member one or more 1-year period beginning on the date of the qualifying students (as defined in subsection SA 2811. Mr. NICKLES (for Mr. enactment of this Act by the operation of any law or rule of law (including res judi- (b)(1)), there shall be allowed as a credit MCCAIN (for himself, Mr. ALLARD, Mr. against the tax imposed by this chapter for cata), such refund or credit may nevertheless LIEBERMAN, Ms. SNOWE, Mr. LEVIN, Mr. the taxable year an amount equal to the be made or allowed if claim therefor is filed qualified elementary and secondary edu- MURKOWSKI, Mr. CLELAND, Mr. INHOFE, before the close of such period. cation expenses with respect to such stu- Ms. LANDRIEU, Mr. BURNS, Mr. DURBIN, dents which are paid or incurred by the tax- Mr. SESSIONS, Mr. DEWINE, Mr. THUR- SA 2813. Mr. BOND submitted an payer during such taxable year. MOND, Mr. SHELBY, Mr. HAGEL, Mr. amendment intended to be proposed by ‘‘(b) DOLLAR LIMIT ON AMOUNT CRED- LUGAR, Mr. KENNEDY, Mr. WARNER, Ms. him to the bill H.R. 622, to amend the ITABLE.—The amount of qualified elementary COLLINS, Mr. HATCH, Mr. HELMS, Mr. Internal Revenue Code of 1986 to ex- and secondary education expenses paid or in- pand the adoption credit, and for other curred during any taxable year which may be ALLEN, Mr. KERRY, Mr. FITZGERALD, taken into account under subsection (a) shall Mr. STEVENS, Mr. REID, Mr. MILLER, purposes; which was ordered to lie on not exceed $500. Mr. ROBERTS, Mr. BAYH, Mr. ENSIGN, the table; as follows: ‘‘(c) QUALIFYING STUDENT.—For purposes of Mr. BUNNING, Mr. CAMPBELL, Mr. NEL- At the end, add the following: this section, the term ‘‘qualifying student’’ SON of Nebraska, Mr. DODD, Mr. JEF- SEC. . MODIFICATION OF UNRELATED BUSINESS means a dependent of the taxpayer (within FORDS, Mr. BROWNBACK, Mr. BIDEN, Ms. INCOME LIMITATION ON INVEST- the meaning of section 152) who is enrolled in MENT IN CERTAIN DEBT-FINANCED STABENOW, Mr. COCHRAN, and Mr. SAR- school on a full-time basis. PROPERTIES. ‘‘(d) QUALIFIED ELEMENTARY AND SEC- BANES)) submitted an amendment in- (a) IN GENERAL.—Section 514(c)(6) of the In- ONDARY EDUCATION EXPENSES.—For purposes tended to be proposed to amendment ternal Revenue Code of 1986 (relating to ac- of this section— SA 2700 submitted by Mr. MCCAIN and quisition indebtedness) is amended—

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S380 CONGRESSIONAL RECORD — SENATE February 5, 2002 (1) by striking ‘‘include an obligation’’ and COMMITTEE ON ARMED SERVICES The PRESIDING OFFICER. Without inserting ‘‘include— Mr. DORGAN. Mr. President, I ask objection, it is so ordered. ‘‘(A) an obligation’’, unanimous consent that the Com- COMMITTEE ON GOVERNMENTAL AFFAIRS (2) by striking the period at the end and in- mittee on Armed Services be author- serting ‘‘, or’’, and Mr. DORGAN. Mr. President, I ask (3) by adding at the end the following: ized to meet during the session of the unanimous consent that the Com- ‘‘(B) indebtedness incurred by a small busi- Senate on Tuesday, February 5, 2002, at mittee on Governmental Affairs be au- ness investment company licensed under the 4:30 p.m. in executive session to meet thorized to meet on Tuesday, February Small Business Investment Act of 1958 which with members of the Canadian Senate 5, 2002, at 9:30 a.m., to hold a hearing is evidenced by a debenture— Committee on National Security and entitled, ‘‘Retirement Insecurity: ‘‘(i) issued by such company under section Defense. 401(k) Crisis at Enron.’’ 303(a) of such Act, or The PRESIDING OFFICER. Without ‘‘(ii) held or guaranteed by the Small Busi- The PRESIDING OFFICER. Without ness Administration.’’. objection, it is so ordered. objection, it is so ordered. (b) EFFECTIVE DATE.—The amendments COMMITTEE ON BANKING, HOUSING, AND URBAN COMMITTEE ON THE JUDICIARY made by subsection (a) shall apply to acqui- AFFAIRS Mr. DORGAN. Mr. President, I ask sitions made on or after the date of the en- Mr. DORGAN. Mr. President, I ask unanimous consent that the Com- actment of this Act. unanimous consent that the Com- mittee on the Judiciary be authorized f mittee on Banking, Housing, and to meet to conduct a hearing on Urban Affairs be authorized to meet NOTICES OF HEARINGS/MEETINGS ‘‘Human Cloning: Must We Sacrifice during the session of the Senate on Medical Research in the Name of a COMMITTEE ON AGRICULTURE, NUTRITION, AND Tuesday, February 5, 2002, at 9:30 a.m., Total Ban?’’ on Tuesday, February 5, FORESTRY to conduct the first in a series of hear- 2002, at 2 p.m., in Dirksen room 226. Mr. HARKIN. Mr. President, I would ings on ‘‘The State of Financial Lit- like to announce that the Senate Com- eracy and Education in America.’’ Witness List mittee on Agriculture, Nutrition, and The PRESIDING OFFICER. Without Panel I: The Honorable Dave Weldon Forestry will conduct a Nomination objection, it is so ordered. and the Honorable James C. Greenwood hearing on February 13, 2002, in SH–216 COMMITTEE ON COMMERCE, SCIENCE, AND Panel II: Dr. Irving L. Weissman, at 9:30 a.m. The purpose of this hearing TRANSPORTATION Chair, Panel on Scientific and Medical will be to consider the following nomi- Mr. DORGAN. Mr. President, I ask Aspects of Human Cloning, the Na- nations: Thomas Dorr the nominee for unanimous consent that the Com- tional Academy of Sciences and Pro- Under Secretary of Rural Development; mittee on Commerce, Science, and fessor, Stanford University School of Nancy Bryson, the administrations Transportation be authorized to meet Medicine, Stanford, CA; Professor nominee to serve as general counsel for on Tuesday, February 5, 2002, at 9:30 Henry T. Greely, Stanford University USDA; and Grace Daniel and Fred a.m., on pending committee business Law School, Stanford, CA; Professor R. Dailey who are nominated to serve on Executive Session Agenda Alta Charo, University of Wisconsin the board of Federal Agricultural Law School, Madison, WI; Kris Gulden, Mortgage Corporation. 1. To authorize the issuance of a sub- Coalition for the Advancement of Med- COMMITTEE ON ENERGY AND NATURAL poena to compel testimony from Mr. ical Research, Washington, DC; Andrew RESOURCES Kenneth L. Lay, former Chairman and Kimbrell, Executive Director, Inter- Mr. BINGAMAN. Mr. President, I Chief Executive Officer and current national Center for Technology Assess- would like to announce for the infor- board member of the Enron Corpora- ment, Washington, DC; and Father mation of the Senate and the public tion (Kevin Kayes, Jeanne Bumpus). Kevin T. FitzGerald, Georgetown Uni- that an additional bill has been added The PRESIDING OFFICER. Without versity Medical Center, Washington, to the hearing agenda for the hearing objection, it is so ordered. DC. that was previously scheduled before COMMITTEE ON COMMERCE, SCIENCE, AND The PRESIDING OFFICER. Without the Subcommittee on National Parks TRANSPORTATION objection, it is so ordered. Mr. DORGAN. Mr. President, I ask of the Committee on Energy and Nat- SUBCOMMITTEE ON SCIENCE, TECHNOLOGY, AND ural Resources on Thursday, February unanimous consent that the Com- SPACE 14, 2002, beginning at 2:30 p.m., in room mittee on Commerce, Science, and Mr. DORGAN. Mr. President, I ask 366 of the Dirksen Senate Office Build- Transportation be authorized to meet unanimous consent that the Sub- ing in Washington, DC. on Tuesday, February 5, 2002, at 2:30 committee on Science, Technology, The additional measure to be consid- p.m., on implementation of the Avia- and Space of the Committee on Com- ered is S. 1894, to direct the Secretary tion and Transportation Security Act. merce, Science, and Transportation be The PRESIDING OFFICER. Without of the Interior to conduct a special re- authorized to meet on Tuesday, Feb- objection, it is so ordered. source study to determine the national ruary 5, 2002, at 9:30 a.m., on Fighting significance of the Miami Circle site in COMMITTEE ON FINANCE Bioterrorism: Using America’s Sci- the State of Florida as well as the sus- Mr. DORGAN. Mr. President, I ask entists and Entrepreneurs to find Solu- tainability and feasibility of its inclu- unanimous consent that the Senate tions. sion in the National Park System as Committee on Finance be authorized to The PRESIDING OFFICER. Without part of Biscayne National Park. meet during the session of the Senate objection, it is so ordered. For further information, please con- on Tuesday, February 5, 2002, at 2:30 The PRESIDING OFFICER. The Sen- tact Shelley Brown of the committee p.m., to hear testimony on the Presi- ator from Nevada. dent’s fiscal year 2003 budget and tax staff at (202–224–5915). f f proposals. The PRESIDING OFFICER. Without UNANIMOUS CONSENT REQUEST— AUTHORITY FOR COMMITTEES TO objection, it is so ordered. S. 180 MEET COMMITTEE ON FOREIGN AFFAIRS Mr. REID. Madam President, I ask COMMITTEE ON ARMED SERVICES Mr. DORGAN. Mr. President, I ask unanimous consent the Chair lay be- Mr. DORGAN. Mr. President, I ask unanimous consent that the Com- fore the Senate a message from the unanimous consent that the Com- mittee on Foreign Relations be author- House on S. 180; that the Senate dis- mittee on Armed Services be author- ized to meet during the session of the agree to the House amendment, agree ized to meet during the session of the Senate on Tuesday, February 5, 2002, at to the request for conference on the Senate on Tuesday, February 5, 2002, at 10:15 a.m., to hold a hearing entitled, disagreeing votes of the two Houses, 9:30 a.m., in open session to receive tes- ‘‘Foreign Policy Overview and the and that the Chair be authorized to ap- timony on the Defense authorization President’s Fiscal Year 2003 Foreign point conferees. request for fiscal year 2003 and the fu- Affairs Budget Request.’’ The PRESIDING OFFICER. Is there ture years Defense program. Witness: The Honorable Colin L. objection? The PRESIDING OFFICER. Without Powell, Secretary of State, Wash- Mr. NICKLES. Madam President, I objection, it is so ordered. ington, DC. object.

VerDate Mar 15 2010 20:16 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2002SENATE\S05FE2.REC S05FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2002 CONGRESSIONAL RECORD — SENATE S381 The PRESIDING OFFICER. Objec- ADJOURNMENT UNTIL 10:30 A.M. VETERANS AFFAIRS FOR A TERM OF FOUR YEARS, VICE JOSEPH THOMPSON, RESIGNED. tion is heard. TOMORROW IN THE COAST GUARD Mr. REID. If there is no further busi- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT f ness to come before the Senate, I ask AS COMMANDANT OF THE UNITED STATES COAST GUARD unanimous consent that the Senate AND TO THE GRADE INDICATED UNDER TITLE 14, U.S.C., SECTION 44: stand in adjournment under the pre- ORDERS FOR WEDNESDAY, To be admiral FEBRUARY 6, 2002 vious order. There being no objection, the Senate, VICE ADM. THOMAS H. COLLINS, 0000 Mr. REID. Madam President, I ask at 6:26 p.m., adjourned until Wednes- IN THE NAVY unanimous consent that when the Sen- day, February 6, 2002, at 10:30 a.m. THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- ate completes its business today, it ad- POINTMENT TO THE GRADES INDICATED IN THE UNITED f STATES NAVY UNDER TITLE 10, U.S.C., SECTIONS 531 AND journ until the hour of 10:30 a.m., NOMINATIONS 5582: Wednesday, February 6; that following To be lieutenant Executive nominations received by the prayer and pledge the Journal of GREGORY W. KIRWAN, 0000 proceedings be approved to date, the the Senate February 5, 2002: To be lieutenant junior grade morning hour be deemed expired, the DEPARTMENT OF ENERGY ARSENIO S. FRANCISCO, 0000 time for the two leaders be reserved for GUY F. CARUSO, OF VIRGINIA, TO BE ADMINISTRATOR JOHN E. GAY, 0000 their use later in the day, and there be OF THE ENERGY INFORMATION ADMINISTRATION, VICE JAY E. HAKES, RESIGNED. To be ensign a period of morning business until 11:30 INTER-AMERICAN FOUNDATION MATTHEW M. SCOTT, 0000 a.m., with Senators permitted to speak JOSE A. FOURQUET, OF NEW JERSEY, TO BE A MEMBER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT for up to 10 minutes each, with the OF THE BOARD OF DIRECTORS OF THE INTER-AMERICAN TO THE GRADE INDICATED IN THE UNITED STATES NAVY time equally divided between the two FOUNDATION FOR A TERM EXPIRING SEPTEMBER 20, 2004, UNDER TITLE 10, U.S.C., SECTION 531: VICE MARK L. SCHNEIDER, TERM EXPIRED. leaders or their designees; further, at ADOLFO A. FRANCO, OF VIRGINIA, TO BE A MEMBER OF To be lieutenant 11:30 a.m., the Senate resume consider- THE BOARD OF DIRECTORS OF THE INTER-AMERICAN MICHAEL J. ADAMS, 0000 FOUNDATION FOR THE REMAINDER OF THE TERM EXPIR- MATTHEW L. BERAN, 0000 ation of H.R. 622 and vote on cloture on ING SEPTEMBER 20, 2002, VICE JEFFREY DAVIDOW, RE- JAMES H. BURNS, 0000 the Daschle substitute amendment. SIGNED. JOSEPH F. CARILLI JR., 0000 ADOLFO A. FRANCO, OF VIRGINIA, TO BE A MEMBER OF TRACY L. CLARK, 0000 The PRESIDING OFFICER. Without THE BOARD OF DIRECTORS OF THE INTER-AMERICAN KEVIN W. MESSER, 0000 FOUNDATION FOR A TERM EXPIRING SEPTEMBER 20, 2008. ROBERT P. MONAHAN, 0000 objection, it is so ordered. (REAPPOINTMENT) NELL A. OSGOOD, 0000 ROGER FRANCISCO NORIEGA, OF KANSAS, TO BE A SCOTT A. SUOZZI, 0000 MEMBER OF THE BOARD OF DIRECTORS OF THE INTER- f AMERICAN FOUNDATION FOR A TERM EXPIRING SEP- TEMBER 20, 2006, VICE HARRIET C. BABBITT, TERM EX- f PIRED. PROGRAM DEPARTMENT OF LABOR CONFIRMATION Mr. REID. Madam President, the EUGENE SCALIA, OF VIRGINIA, TO BE SOLICITOR FOR THE DEPARTMENT OF LABOR, VICE HENRY L. SOLANO, Executive nomination confirmed by next rollcall vote will occur tomorrow RESIGNED, TO WHICH POSITION HE WAS APPOINTED DURING THE RECESS OF THE SENATE FROM DECEMBER the Senate February 5, 2002: morning at 11:30 a.m. on cloture on the 20, 2001, TO JANUARY 23, 2002. THE JUDICIARY Daschle economic recovery amend- DEPARTMENT OF VETERANS AFFAIRS ment. Additional rollcall votes are ex- PHILIP R. MARTINEZ, OF TEXAS, TO BE UNITED STATES DANIEL L. COOPER, OF PENNSYLVANIA, TO BE UNDER DISTRICT JUDGE FOR THE WESTERN DISTRICT OF pected throughout the day tomorrow. SECRETARY FOR BENEFITS OF THE DEPARTMENT OF TEXAS.

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PERSONAL EXPLANATION tem, election-year politics may make this task tember 11, 2001, David P. Lemagne of New virtually impossible. We cannot wait any Jersey, working along side the Port Authority HON. MAURICE D. HINCHEY longer—we must act now to provide seniors Police of New York and New Jersey, sac- OF NEW YORK with a ‘‘helping hand’’ toward providing real rificed his own life for the lives and well being IN THE HOUSE OF REPRESENTATIVES prescription drug coverage. of others. Today, I would like us to join to- Mr. Speaker, I am proud to introduce this Tuesday, February 5, 2002 gether in a moment of silence to recognize the bill with three of my colleagues—Mrs. HART, life of a truly outstanding man. Mr. HINCHEY. Mr. Speaker, I regret that I and Messrs. KOLBE and MANZULLO. I urge oth- Since childhood, David Lemagne has was unavoidably detained in traffic on Tues- ers who truly care about providing prescription helped those in need. In 1985, he worked as day, January 29 while returning to the Capitol drug coverage to our low-income seniors to an Explorer in Post 525 with the Union City from my congressional district. This forced me cosponsor my Immediate Helping Hand legis- Volunteer Ambulance Corp. This was just the to miss the vote on House Resolution 335, a lation. beginning of a career dedicated to assisting resolution commending Catholic schools. Had f others. In 1990, he received his EMT Certifi- I been present, I certainly would have voted cation from the Bergen County EMS Training for the bill. ESTABLISHING FIXED INTEREST Academy and started working with the Union As a graduate of Catholic elementary school RATES FOR STUDENT AND PAR- City Volunteer Ambulance Corp. Upon com- and one well aquainted with the many first- ENT BORROWERS pletion of high school, he was hired as an rate Catholic educational institutions in my SPEECH OF EMT with the Jersey City Medical Center, and congressional district, I would have been de- worked as an EMT for the University of Medi- lighted to vote for a resolution that ‘‘congratu- HON. SHEILA JACKSON-LEE cine and Dentistry of New Jersey through lates Catholic schools, students, parents and OF TEXAS 1993. teachers across the nation for their ongoing IN THE HOUSE OF REPRESENTATIVES David studied hard and worked his way contributions to education.’’ I regret that I Thursday, January 24, 2002 through the ranks, earning him respect, se- missed this opportunity to celebrate the merits niority, and greater responsibilities, including: of a Catholic education. Ms. JACKSON-LEE of Texas. Mr. Speaker, a position as a Paramedic with the Jersey City f I rise in support of S. 1762. This bill helps ex- Medical Center; as Ride Master of UMDNJ pand opportunities for higher education by es- INTRODUCTION OF THE IMME- EMS Bike Team in 1995, where he served tablishing fixed interest rates for student and through 1999; as Tour Chief of the New Jer- DIATE HELPING HAND DRUG AS- parent borrowers. SISTANCE ACT OF 2002 sey Medical Center in charge of Emergency Our country is the land of opportunity, Services; and as a Team Paramedic of the where one can go from rags to riches. A few NJSEA Meadowlands Arena. David saved HON. ROB SIMMONS land unique and rare opportunities for suc- countless lives throughout his selfless service OF CONNECTICUT cessful ventures that reap them financial secu- to the community. IN THE HOUSE OF REPRESENTATIVES rity. The majority of the population, however, David Lemagne graduated from Hudson Tuesday, February 5, 2002 rely on a college, or more advanced, edu- Catholic High School in 1992; received an As- cation. Mr. SIMMONS. Mr. Speaker, I believe most sociates Degree in ParaMedicine from UMDNJ The future or our Nation lies in educating in 1994; and began studying Sports Medicine of us agree that the modernization of the the next generation of young people. But the Medicare program must include prescription at Kean University. cost of an education these days is phe- David is survived by his parents, Ruth drug coverage for seniors. Senior citizens are nomenal—tens of thousands of dollars per right to be concerned about having to pay for Myriam and Prudencio, his sister, Magaly, his year for tuition alone. Add in the cost of brother-in-law, Salvatore Alfano, and his prescription drugs out of their own pockets books, room and board, and maybe a movie and they are right to wonder when lawmakers grandmother Lupe, and grandfather Guillermo. now and again. And for those who continue on Today, I ask my colleagues to join me in will take action. to law or medical school, a significant amount Congress seems poised to take action. But honoring and celebrating the life of David P. of expenses is added on. Lemagne, forever a hero in the eyes of all what if? What if Congress doesn’t pass a Most students get through college by work- Medicare reform bill that includes a drug ben- Americans. ing and taking out loans. Education loans are f efit? What if partisan politics cause inaction? good investment in our economy and in our Then what? citizens. College graduates earn an average of TRIBUTE TO MS. CLAIRE I believe the solution lies in my legislation, 80 percent more than individuals with only a SALVIANO the ‘‘Immediate Helping Hand Prescription high school diploma. Over a lifetime, the earn- Drug Assistance Act of 2002,’’ which closely ings difference individuals with high school HON. BILL PASCRELL, JR. mirrors the plan President Bush put forth in and college degrees can be more than $1 mil- OF NEW JERSEY early 2001. My bill will provide $48 billion over lion. IN THE HOUSE OF REPRESENTATIVES seven years to states to help seniors afford Education loans give everyone and anyone Tuesday, February 5, 2002 prescription drug coverage. This national pro- the opportunity to a college education because gram is similar to the state of Connecticut’s they are guaranteed. This legislation is crucial Mr. PASCRELL. Mr. Speaker, I would like to ‘‘ConnPACE’’ program and other state-funded to ensure that education loans are accessible call to your attention the work of a woman I prescription subsidy plans that help seniors to help future generations realize the Amer- am proud to represent in Congress and even purchase medication at a low cost. ican Dream. more honored to call my friend, Ms. Claire Under my legislation, states would receive Salviano. Claire was recognized on Thursday, f block grants to provide a drug benefit for low- January 31, 2002 for her 25 years of dedi- income Medicare beneficiaries, either through IN HONOR OF DAVID P. LEMAGNE cated service at the Department of Transpor- the creation of new state drug assistance pro- tation for the Paterson Board of Education. grams or through the expansion of existing HON. ROBERT MENENDEZ It is only fitting that she be honored, in this, programs. With this targeted approach, states OF NEW JERSEY the permanent record of the greatest freely would be able to provide much-needed dollars IN THE HOUSE OF REPRESENTATIVES elected body on earth, for she has a long his- to drug programs, allowing more of our na- tory of caring, leadership, and commitment to tion’s seniors to afford prescription drugs. Tuesday, February 5, 2002 the children of her hometown. While I would prefer adding a prescription Mr. MENENDEZ. Mr. Speaker, I rise today Claire Salviano was born in Paterson, New drug benefit to a modernized Medicare sys- to honor a true hero. On the tragic day of Sep- Jersey to Herbert and Clara Huntington. After

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

VerDate 112000 05:42 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.000 pfrm04 PsN: E05PT1 E72 CONGRESSIONAL RECORD — Extensions of Remarks February 5, 2002 graduating from a local high school, Claire Oliver Gale is a 92-year old Cincinnati leg- Center in 1991; and most recently the Cham- married Virgil Salviano and raised five chil- end—and Cincinnati is his adopted hometown! ber of Commerce of Southwestern Madison dren. Once her children were grown, Claire He has been a major force behind every Cin- County’s Citizen of the Year in 2001. decided to continue her education at Rutgers cinnati civic improvement project over the past Last year, St. Elizabeth’s Medical Center University and William Paterson University. forty years. After graduating from Choate in treated more than 27,000 people in the hos- Her intense involvement in the Paterson 1937 and Harvard in 1941, Oliver began his pital’s Emergency Room. The hospital is a community began while her children were in career as a reporter and writer for the Boston 193-bed full-service medical center and pro- elementary school. Claire served on the Herald. He spent twenty years at Proctor & vides medical care for the entire metro-east School #9 PTA as a member, organizer and a Gamble, joining the company in 1937 and ris- area. 10-year officer. As Claire’s interest in serving ing to becoming an assistant to the company’s Ted Eilerman’s leadership has been out- the needs of children grew, she became deep- legendary president, Neil NcElroy. In 1957, standing. His vision, commitment and tenacity ly engaged in the Paterson Boys Club. She Oliver became a special assistant during Mr. have made him a local, regional and statewide founded the New Jersey Auxiliaries of Boys McElroy’s tenure as U.S. Secretary of Defense health care advocate. His commitment to pro- Clubs and was the first woman to serve on the under President Eisenhower. viding quality health care to all people, regard- Board of Directors for the Boys Club. During In November, 1960, Oliver turned his atten- less of their ability to pay, leaves a legacy of her tenure as a board member, Claire led the tion to assisting Cincinnati landmark institu- caring in Granite City, Illinois and all sur- fight to admit school-aged girls as full mem- tions. He has served as trustee and president rounding communities. bers of the club. She was successful in her for the Cincinnati Zoological Society at the Ted will continue to serve as a consultant to crusade, thus beginning a new era, the time when the Cincinnati Zoo became inter- the hospital, which is now under the manage- Paterson Boys and Girls Club. nationally recognized. Oliver led the effort to ment of Community Health Systems. Claire Salviano’s service to the City of join the Cincinnati Historical Society with the Mr. Speaker, I ask my colleagues to join me Paterson continued to grow as she founded Museum of Natural History to establish the in honoring the 32 years of service of Ted and organized the South Paterson Neighbor- Cincinnati Museum Center at historic Union Eilerman to St. Elizabeth’s Medical Center and hood Association and the citywide neighbor- Terminal. With the Museum of Natural History, wish both he and his family the very best for hood Crime Watch Program. Oliver served as trustee, secretary, president the future. In 1977, Claire was appointed to serve as a and chairman. He served on the Museum f Commissioner on the Paterson Board of Edu- Center board for twelve years, and he remains cation. As a member and later President, she an honorary board member. HONORING SGT. DWIGHT MORGAN brought honor and distinction to the Board. His civic associations do not end there. Oli- Her efforts there did not go unnoticed as the ver also dedicated his talent to the Cincinnati HON. MIKE THOMPSON Federation of Italian Societies recognized Ballet Company, the Oral History Foundation OF CALIFORNIA Claire as the Outstanding Woman of the Year. and the Friends of the Parks. IN THE HOUSE OF REPRESENTATIVES Claire initially served as the Supervisor and All of us in Greater Cincinnati thank Oliver Tuesday, February 5, 2002 eventually became the Director of the Depart- for his service to our community, and con- ment of Transportation for the Board of Edu- gratulate him for being named a Great Living Mr. THOMPSON of California. Mr. Speaker, cation. In this new position, she was respon- Cincinnatian. last September 14th I spoke on this floor and said that my dream as a Member of Congress sible for overseeing the transportation of 7,500 f students. She joined the School Transpor- was to never have to vote to send our Amer- tation Supervisors Association and was Presi- HONORING THE 32 YEARS OF ican men and women into combat. At that dent from 1995–1997. As President she SERVICE OF TED EILERMAN TO time, our nation had just been victim to a hor- chaired the annual state conference and was SAINT ELIZABETH’S MEDICAL rific attack, and I joined my colleagues in Con- elected to represent the Eastern Division of CENTER gress in voting to authorize our government to the State Directors Association. use military force to prevent the terrorists from The job of a United States Congressman in- HON. JERRY F. COSTELLO striking again. I return to the floor today, sad- volves so much that is rewarding, yet nothing OF ILLINOIS dened but proud, to honor a brave young man compares to recognizing the accomplishments IN THE HOUSE OF REPRESENTATIVES from my district who gave his life to protecting our nation. of individuals like Claire Salviano. Her concern Tuesday, February 5, 2002 for the safety and well being of children is un- Dwight Morgan, a Sergeant in the U.S. Ma- paralleled and we are grateful for her years of Mr. COSTELLO. Mr. Speaker, I rise today to rine Corps, died in a helicopter crash near dedication and hard work on behalf of the ask my colleagues to join me in recognizing Bagram Air Base in Afghanistan. Dwight was Children of Paterson. the 32 years of service of Ted Eilerman to only 24 years old, and was a native of Napa Mr. Speaker, I ask that you join our col- Saint Elizabeth’s Medical Center in Granite and Willits, California. He was a proud, hard- leagues, the City of Paterson. Claire’s family City, Illinois. working Marine. His life-long gift for mechanics and friends, all those who have been touched Ted Eilerman’s accomplishments are con- led him to be a specialist in helicopter hydrau- by Claire and me in recognizing the out- siderable. He has served for more than 32 lics and electronics. standing and invaluable service of Ms. Claire years as an administrator at St. Elizabeth’s All those who knew Sergeant Morgan Salviano. Medical Center, including 17 years as Presi- praised his work ethic, his sincerity, and his f dent and CEO. He has also served on the dedication to his family. School principals, boards of Union Planters Bank, the Southern football coaches, and teachers who had the HONORING OLIVER GALE AS A Illinois University at Edwardsville Foundation, opportunity to have Dwight under their guid- GREAT LIVING CINCINNATIAN Junior Achievement and FOCUS St. Louis. ance are unanimous in their respect for the He is past president of the Granite City Op- way he conducted himself as a student, an HON. ROB PORTMAN timist Club, past Chairman of the Southern Illi- athlete, and a young man. OF OHIO nois Industrial Association and Tri-City Civic Before Dwight died aboard a CH–53E IN THE HOUSE OF REPRESENTATIVES Alliance and the Tri-Cities Area United Way ‘‘Super Stallion’’ helicopter, the Marine Corps Campaign. He is also the past president of the had nominated him for a promotion to Staff Tuesday, February 5, 2002 Leadership Council of Southern Illinois and is Sergeant, which will now be awarded post- Mr. PORTMAN. Mr. Speaker, I rise today to past chairman of the Board of Trustees of the humously. His promotion is testament to his honor a friend and constituent, Oliver Gale, Illinois State Hospital Association. Ted’s dedication to the Marine Corps. Since high who will be formally honored on February 20 awards include the Jaycees Distinguished school, his dream was to be a United States by the Greater Cincinnati Chamber of Com- Service Award in 1970; the Illinois Hospital Marine. He served for over 5 years, and was merce as a Great Living Cincinnatian. The re- Association’s Outstanding Public Service most recently a member of the Flying Tigers, cipients of this prestigious award are selected Award in 1979 (this award was given out only a helicopter squadron based at Marine Corps on the basis of special achievement in the 5 times in the Association’s history); the De- Air Station Miramar. world of work, but the criteria also includes an partment of Health Care Administration’s Hon- Dwight was highly regarded by those who awareness of the needs of others; civic serv- orary Membership Award-St. Louis University knew him because of his commitment to his ice; leadership; and distinctive accomplish- in 1986; the De La Roche Award from the family. Soon after high school, Dwight married ments. Board of Directors at St. Elizabeth’s Medical Teresa Morgan, who is pregnant with their

VerDate 112000 05:42 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.004 pfrm04 PsN: E05PT1 February 5, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E73 second child. One of Dwight’s greatest joys get the job done. He has been a loyal and WASHINGTON, DC, was being a father to their son, Alex. dedicated public servant on such issues as February 4, 2002. Mr. Speaker, please join me in honoring saving the Elk Creek Dam from wasteful dem- Lt. Cmdr. M.A. MORRIS, Sergeant Dwight Morgan for sacrificing his life Commanding Officer, HMCS Cabot, olition and protecting lives and resources by St. John’s, Newfoundland. to protect the citizens of the United States. At keeping the Medford Air Tanker Base open. DEAR COMMANDER MORRIS: No one expected a time when all citizens are being asked to be Matt has brought to his work a bright mind on the morning of September 11th what that vigilant in a war that has struck our homeland, and a natural ability to work well with others. day would be like. I expect that is especially we should have a high regard for the courage Not only have the people I represent placed true of you. and dedication of Dwight Morgan. Ash and Susan Collins, two constituents of great faith in his abilities, but so have his co- mine from Placitas, New Mexico, told me of f workers. Matt has been a team player in every your professionalism and kindness following respect and could always be counted on to A TRIBUTE TO THE VICTIMS OF the diversion of so many guests to your sta- solve tough problems and help others to reach tion. SEPTEMBER 11TH their potential. Perhaps most importantly, Matt I wanted to thank you for all you did for them and others in the same situation. is a dependable friend with a great sense of It is in the tough times that you find out HON. STEPHEN HORN humor. who your real friends are. Thank you and OF CALIFORNIA Mr. Speaker, I am proud of what Matt has your service men and women for your hospi- IN THE HOUSE OF REPRESENTATIVES accomplished and am proud to have had him tality and kindness. We won’t soon forget it. Tuesday, February 5, 2002 on my staff. For someone who looks up to his Warm Regards, father as much as I do, it has been a delight HEATHER WILSON, Mr. HORN. Mr. Speaker, the tragedy of Member of Congress. to watch Matt grow and mature into a man September 11th touched all Americans in who must make his father very proud. Matt’s some way. Many of us in Congress lost peo- stellar career has not gone unnoticed by oth- HOUSE OF REPRESENTATIVES, ple from the districts we represent. ers and many new opportunities have pre- Washington, DC, February 4, 2002. Today, I would like to recognize one such Hon. MICHAEL F. KERGIN, sented themselves. This month Matt is going man, John Hofer of Bellflower, California. Mr. Ambassador, Canadian Embassy, to follow his expanded horizons by taking a Hofer was a passenger aboard American Air- Washington, DC. position with Smith-West, a distinguished gov- lines Flight 11, the hijacked flight that hit the DEAR MR. AMBASSADOR: I had read a few ernment relations firm. I have every con- stories in the paper about how well Ameri- north tower of the World Trade Center. He fidence that in Matt’s new job he will continue cans were treated by our Canadian friends in was on his way home to California from a golf- his own strong record of public service. the days following September 11th. Two of ing tournament on Cape Cod, Massachusetts. my constituents, Ash and Susan Collins of It was his first trip to the East Coast and he Matt Smith will continue to help others and Placitas, New Mexico, took the time to tell was excited about seeing a Boston Red Sox make Oregon a better place. He will continue me of their personal experience. baseball game at Fenway Park. to be an impact player and make a difference. It is in the tough times that we find out who our real friends are. Please accept my John was known for his love of golf and was I am sorry to see Matt leave and lose his in- valuable assistance, but I am so very proud of thanks to you and your countrymen for your traveling with one of his golfing buddies, John kindness and friendship. We won’t soon for- Wenckus, 46, of Torrance, when their plane what he has accomplished and the good work get it. hit the World Trade tower. The two of them I know he will continue to perform. Warm Regards, were regulars on the Skylinks Golf Course in I join Matt’s coworkers in saying thank you HEATHER WILSON. Long Beach, California. and congratulations for a job well done. We Mr. Hofer also was a businessman in his will miss you as a colleague, Matt, but we ASHTON B. COLLINS, Jr., hometown of Bellflower. He owned John’s know in our hearts that you will always be our Placitas, NM, October 29, 2001. Sharpening Center, a small business that friend. Hon. HEATHER WILSON, sharpened pet-grooming tools. Mr. Hofer is House of Representatives, Cannon House Office survived by a daughter. f Building, Washington, DC. DEAR HEATHER: It was certainly good to be f OUR FRIENDS IN CANADA with you and Jay on Friday night. We appre- ciate your interest in our comments about TRIBUTE TO MATT SMITH the extraordinary response and support by HON. HEATHER WILSON Canadians on September 11. HON. GREG WALDEN On September 11, 2001, when U.S. and off- OF NEW MEXICO shore airspace areas were closed, trans-At- OF OREGON IN THE HOUSE OF REPRESENTATIVES lantic flights were diverted to Canadian air- IN THE HOUSE OF REPRESENTATIVES ports in Newfoundland and Nova Scotia. Tuesday, February 5, 2002 Tuesday, February 5, 2002 More than 17,000 persons from 136 planes landed in Newfoundland alone. We enclose a Mr. WALDEN of Oregon. Mr. Speaker, I rise Mrs. WILSON of New Mexico. Mr. Speaker, photo of the Halifax, Nova Scotia airport to today to thank publicly a member of my Dis- as Americans, we were all deeply moved illustrate the dimensions. trict Office staff for years of exceptional serv- when, during the days following September We were on one of the 27 wide-body air- ice to me and to the residents of the Second 11th our friends in Canada extended a helping liners with a total of approximately 4,300 passengers and crews landing at St. John’s, Congressional District of Oregon. hand to our shaken Nation. Our neighbors to the north deserve our thanks and praise for Newfoundland. The St. John’s airport was Matt Smith has been steadfastly true to a under major construction and normally re- legacy of selfless public service that has long their enduring friendship. ceives one jumbo jet daily. Passengers were been a tradition in the Smith family. As the The world watched as trans-Atlantic flights held for several hours on their planes while son of Kaye and Chairman Robert F. (Bob) were diverted to Canadian airports in New- Canadian authorities developed plans. Smith, who served Oregon so effectively as a foundland and Nova Scotia. Personal ac- Ultimately, we were allowed to carry only counts from constituents of mine, stranded in wallets for men, purses for women and pass- leader for 36 years in the Oregon House and ports into the terminal. Upon deplaning in Senate and then in the U.S. Congress, Matt Canada because of the events of September darkness, we were each greeted with a warm, was raised with the knowledge that the most 11th, show how remarkable the response was ‘‘Welcome to Canada’’, a sandwich, liquids, meaningful rewards in life come from helping from the Canadian citizens who helped to care and solid assurance that we would be cared others. Countless Oregonians have benefited for stranded passengers. There were hot for. And we were cared for with astonishing from Matt’s advocacy on their behalf and from meals, showers, cots, blankets, and TV sets to efficiency on the part of all Canadian au- watch the first news of what was happening thorities, agencies, public institutions, busi- his role as an integral participant in helping nesses, and individuals. me address issues in the district that have di- back home. There were also teddy bears and The Canadians’ sense of solidarity with rectly impacted thousands of hard-working ‘‘field trips’’ to local sights. their American neighbors was and is an in- Second District residents. It is during these troubled times that you delible memory. A lot of Americans learned Whether stepping in to save a rancher’s find out who your real friends are. Thanks to a lot about their neighbors to the North in a grazing permit or helping to hone the finer de- the service men and women, and also to the hurry. Here are a few highlights: tails of my legislation to save the Steens citizens of the great Nation of Canada for their Individuals from all over Newfoundland Mountain area from unwarranted national kindness. Your hospitality will not soon be for- pitched in, each in his own way. We ‘‘air- monument status, I have counted on Matt to gotten. plane people’’ slept in churches, convents,

VerDate 112000 05:42 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A05FE8.007 pfrm04 PsN: E05PT1 E74 CONGRESSIONAL RECORD — Extensions of Remarks February 5, 2002 schools, e.g., we stayed at the HMCS Cabot ALARMING DEVELOPMENTS FOR regional city of Kazalinsk, went to a police sta- naval reserve station on cots in a classroom. RELIGIOUS FREEDOM IN tion after his church was raided for failing to (We enclose a letter just written to Lieuten- KAZAKHSTAN register. Once there, he was reportedly se- ant Commander Margaret Morris, Com- verely beaten and stripped, with one officer at- mander of the Cabot facility for further de- tail.) HON. CHRISTOPHER H. SMITH tempting to strangle him with a belt. Another Teddy bears were bought by private citi- OF NEW JERSEY threatened to cut off his tongue with scissors zens and delivered to children at various IN THE HOUSE OF REPRESENTATIVES if he did not renounce his faith. It was also re- sites. ported that on November 10, Pastor Nurdanov Tuesday, February 5, 2002 A cab driver offered us his home and a was forcibly taken and detained in a psy- home-cooked meal. Mr. SMITH of New Jersey. Mr. Speaker, chiatric hospital in Kyzyl-Orda. While he was Prescriptions were refilled and supplied troubling amendments to the current Kazakh released on November 16, such abuse is un- gratis by the Red Cross. law on religion await President Nursultan acceptable. Other reports of police harass- The Canadian flags were flown at half- Nazarbayev’s signature to enter into force. ment and detention of Baptist pastors who staff. This gesture, alone, moved many Both the lower and upper houses of the have not registered their faith communities Americans to tears. Kazakh parliament passed the amendments Sympathy cards to the United States also exist. For example, on September 25, handmade by Nova Scotia school children without any substantive modifications. As a re- 2001, the Aktobe public prosecutor initiated were posted on walls at the Halifax airport. sult, if President Nazarbayev signs the legisla- legal proceedings against Baptist Pastor Newspapers were dominated by stories of tion into law during the ten-day window, Vasily Kliver on the charge of ‘‘evading the events at home and Canadian support. (We Kazakhstan would seriously undermine its registration of a religious community.’’ In Octo- enclose examples.) commitments as a participating State in the ber, Baptist pastor Valery Pak was jailed in Words cannot adequately express our ap- Organization for Security and Cooperation in Kyzyl-Orda for five days on the same charge. preciation, respect and admiration for our Europe (OSCE) to ensure the freedom of the These reports of harassment, torture and Canadian friends. individual to profess and practice their religion detention indicate a serious failure to uphold We will be glad to give further details Kazakhstan’s human rights commitments as should that be helpful. or belief. Special thanks to you for your consider- Introduced without public consultation in late an OSCE participating State. As is evident, ation of a reference to Canadian support and November 2001, the amendments passed the our concerns about Kazakh authorities utilizing HMCS Cabot in the Congressional Record lower house on January 17 and the upper the proposed amendment’s restrictive nature . . . and a mention to the U.S. Ambassador. house on January 31 of this year. The sudden to harass, if not condemn, religious groups are Sincerely, rush to passage was surprising. Kazakhstan borne out by past practice in Kazkahstan. Mr. ASH AND SUSAN COLLINS. had been working with the OSCE Advisory Speaker, it is my hope that President Panel of Experts for Freedom of Religion or Nazarbayev will honor the obligations his na- ASHTON B. COLLINS, Jr., Belief to craft a law in harmony with its OSCE tion freely chose to uphold as a participating Placitas, NM, October 29, 2001. commitments. In fact, an earlier draft heavily OSCE state and not sign the amendments into LCDR M.A. MORRIS, criticized by the Advisory Panel was withdrawn law. Commanding Officer, HMCS Cabot, in August 2001. The Advisory Panel issued a Mr. Speaker, I request that the text of the St. John’s, Newfoundland. report on the latest draft on January 16, 2002, letter sent to President Nazarbayev last week DEAR COMMANDER MORRIS: Some time has highlighting serious deficiencies in the text. be included in the RECORD. passed since we were with you and your HMCS Cabot personnel, as your guests in the However, it appears little heed was given to January 30, 2002. days following the tragedies of September 11. their critique. Reportedly, the executive branch His Excellency NURSULTAN NAZARBAYEV, President of the Republic of Kazakhstan, We will never be able adequately to express pushed vigorously for legislation providing Astana, Kazakhstan. our gratitude for the extraordinary qualities stricter controls on minority religious groups, DEAR PRESIDENT NAZARBAYEV: We write of welcome, warmth, empathy, support, and which would explain the rapid consideration. today to express our concern over the pro- solidarity that you gave us . . . all the ‘‘air- In response to these unfolding events, my- posed amendments to the Law on Freedom of plane people’’ . . . so generously and sponta- self, Chairman BEN NIGHTHORSE CAMPBELL Religion and Religious Associations. We neously. and six other Commissioners of the Commis- view the amendments, scheduled for consid- We also will never know how, when so sion on Security and Cooperation in Europe, eration by the Senate on January 31st, as many people descended on HMCS Cabot so the Helsinki Commission, wrote President problematic, since they would seriously un- unexpectedly, you were able to anticipate so dermine Kazakhstan’s commitments to efficiently . . . and gracefully their needs, Nazarbayev last week about these develop- ments. The text of that letter which I am sub- human rights as a participating State in the ranging from the obvious, such as hot meals Organization for Security and Cooperation in mitting for the RECORD, highlights several, but (and the quality of which was outstanding!), Europe (OSCE). Therefore, should the cots and blankets, hot showers, and a variety not all problematic elements of the recently Kazakh Senate approve the amendments, we of amenities to the less obvious but vital passed legislation. Of particular note are the respectfully ask that you not sign them into such as TV sets strategically placed so we increased hurdles for registration and vaguely law. could get our first news of the unfolding worded articles, which could allow for arbitrary The OSCE Advisory Panel of Experts on events and analysis. denials of registration for religious groups, and Freedom of Religion and Belief issued a re- And you were superb in your information view of the proposed amendments on Janu- flow to us . . . letting us know when you consequently their legal existence. Accord- ingly, there is great concern for the future of ary 16, 2002. The review found the proposed knew of potential and actual plan for ulti- amendments, while an improvement from an mate departure. religious freedom in Kazakhstan, whether for earlier draft withdrawn in August 2001, seri- Your people also were great about keeping Muslims or Christians. ously deficient in many respects. In addition, track of all of their new ‘‘guests’’ and were Mr. Speaker, in the letter we respectfully the OSCE Centre in Almaty has stated the sources of all manner of helpful information asked President Nazarbayev not to sign the current religion law meets international about St. John’s and Newfoundland. amendments into law. standards and found no justification for ini- It is clear to us that this quality of re- Our concerns are not based on mere sup- tiating the new provisions. Therefore, we be- sponse to extraordinary events comes from position; related laws and regulations have lieve the remarks contained in the OSCE Ad- the heart, and from outstanding leadership. been utilized to suppress faith communities in visory Panel critique should be followed You exhibited both, in high measure; we sa- fully. lute you. Kazakhstan. For example, this past summer Problematic areas include, but are not lim- We Americans learned a lot about our Article 375 of the Administrative Code was in- ited to, permitting the registration of Mus- great neighbors to the North, in a short troduced, requiring the registration of all reli- lim groups and the building of mosques only time. And it was all of the best. gious groups and including language penal- after a recommendation of the Spiritual Ad- Now, in a modest turnabout, we enclose a izing unregistered religious groups. Police ministration of Muslims of Kazakhstan. In small token of our New Mexico, with the sin- have since justified several raids on religious addition, the number of individuals required cere invitation to you to visit us in our home meetings citing Article 375, resulting in harass- to form a religious association would in- (photo enclosed) to let us show you some- ment and imprisonment as well as reported crease from 10 to 50, regardless of religion. thing of our American Southwest. Furthermore, the proposed amendments We also enclose a check for your discre- beatings and torture. Actions late last year would permit dissolution of a religious group tionary use in behalf of all the great people against unregistered Baptist pastors is an illus- should individual members of the group com- of HMCS Cabot. trative example. mit repeated violations of the law. Each of Sincerely, On October 27, 2001, Pastor Asylbek these examples would allow the government ASH COLLINS. Nurdanov, a Baptist leader in the Kyzyl-Orda to arbitrarily deny registration, and thereby

VerDate 112000 05:42 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A05FE8.014 pfrm04 PsN: E05PT1 February 5, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E75 legal existence, on specious legal grounds haps none is more vivid, however, then that of to become bitter, Emily turned her formidable not in harmony with OSCE commitments. courageous men and women in uniform work- energy and talent to becoming a teacher, her Reportedly, your government’s justifica- ing so valiantly to save the lives of others. It lifelong dream. tion for the new requirements in the current amendments, which create hurdles for reg- is therefore only fitting that Officer Jimeno be After graduating from Withrow in 1944, istration, is to combat religious extremism. honored, in this, the permanent record of the Emily earned a bachelor’s degree in teaching Yet the definition of ‘‘religious extremism’’ greatest freely elected body on earth. from the University of Cincinnati in 1948. She in the amendments is vague and inherently A member of the Port Authority Police De- worked for the Cincinnati Recreation Commis- problematic, potentially categorizing and partment for only nine-months at the time of sion for ten years, then accepted a job teach- prohibiting groups on the basis of their be- the attack, Officer Jimeno and two fellow offi- ing physical education at Lincoln Heights High liefs, rather than on their having committed cers immediately rushed from the Port Author- School. While earning her master’s degree in illegal actions. Such vague language would ity Bus Terminal to the Twin Towers after the guidance counseling at U.C., she taught allow the arbitrary interpretation of a group’s beliefs and uneven implementation first plane hit. Soon joined by two additional health and physical education at Heinold Jun- of the law. officers, Will and his colleagues secured axes, ior High. Completing her master’s degree in Our fear of Kazakh authorities harshly em- air packs, and helmets to help evacuate the 1963, she held teaching and counseling posi- ploying new requirements against religious buildings. tions at Aiken High and Woodward High. In groups is not unfounded. While the existing The officers were in the lobby of Tower Two 1971, she was named assistant principal at religion law does not require registration of on their way back to Tower One when an in- Woodward. faith communities, Article 375 of the Admin- describable noise pierced through the air. In 1976, Emily became principal of Merry istrative Code, a provision added last year, Tower Two was coming down. Junior High in Mt. Adams, where she had the requires the registration of faith commu- nities. Since the promulgation of that arti- Officer Jimeno found himself and four others task of supervising 1,000 seventh and eighth cle, we have received several reports of un- from the PAPD, Sergeant John McLoughlin, graders who were bused from other parts of registered groups being penalized through Officer Dominick Pezzulo, Officer Antonio the city. Her accomplishments were noticed by criminal sanctions, as well as individuals Rodriguez, and Officer Chris Amoroso, buried the Superintendent of Cincinnati Public being beaten while in custody. The harass- alive, crushed under steel and concrete and Schools, James N. Jacobs, who named Emily ment, detention and beating of individuals surviving inside an air pocket made by part of principal of Taft High School. Emily’s appoint- for merely belonging to unregistered reli- an elevator. ment marked the first time a woman was gious groups, as well as disproportionate After fourteen hours, and after losing three named senior high school principal for the Cin- criminal charges for an administrative viola- tion, are in direct violation of OSCE com- of his fellow officers who had been trapped cinnati Public Schools. At Taft, Emily was mitments. near him, Will was pulled from the rubble. credited with giving the high school—then in In calling for these actions, we remind you Officer Jimeno’s actions that day, and ev- deplorable physical condition—a new spirit as of the 1991 Moscow Document in which the eryday of his recovery since, are a testament well as a new look. OSCE participating States declared that to his character and spirit. Rather than be Although she retired in 1983, Emily remains ‘‘issues relating to human rights, funda- daunted by the tragedy that occurred, he is active in community and educational pursuits. mental freedoms, democracy and the rule of steadfast and resolute in his commitment to She served four years on the Greenhills-For- law are of international concern’’ and ‘‘are serve others. est Park School Board, and helped open a matters of direct and legitimate concern to As Will himself has said, ‘‘As soon as I’m all participating States and do not belong charter school, the Hamilton County Math and exclusively to the internal affairs of the better I’ll put my uniform back on and go back Science Academy. In 1979, Emily was recog- State concerned.’’ It is in this light that to work.’’ nized as a ‘‘Woman of the Year’’ by the Cin- these requests are made. Those who attacked us on September 11 cinnati Enquirer. Last autumn, your government made a thought our commitment to freedom and to All of us in Cincinnati area are grateful for wise decision by choosing to honor its OSCE each other made us weak. They never met Emily Watkins Spicer’s dedication to our com- commitments and withdrawing the earlier Will Jimeno. The bravery and love he exhib- munity, and congratulate her on being recog- version of the amendments. Recognizing the ited in the face of terror make him an example nized as a Great Living Cincinnatian. crucial importance that the very highest standards of religious freedom and human for us all. f Mr. Speaker, I ask that you join our col- rights agreed to and proclaimed in various HONORING THE REVEREND Helsinki documents be upheld, we respect- leagues, the City of Clifton, Will’s family and fully urge you to take similar steps and not friends, myself, and a truly grateful nation in DONALD PIERCE WEEKS sign the amendments into law, should they honoring a great American, Port Authority Po- pass the Senate without substantive modi- lice Officer William Jimeno. HON. JERRY F. COSTELLO fication. f OF ILLINOIS Sincerely, IN THE HOUSE OF REPRESENTATIVES Ben Nighthorse Campbell, U.S.S. Chair- HONORING EMILY WATKINS man, Steny H. Hoyer, M.C., Zach SPICER AS A GREAT LIVING CIN- Tuesday, February 5, 2002 Wamp, M.C., Alcee L. Hastings, M.C., CINNATIAN Mr. COSTELLO. Mr. Speaker, I rise today to Christopher H. Smith, M.C. Co-Chair- man, Joseph R. Pitts, M.C., Robert B. ask my colleagues to join me in honoring the Aderholt, M.C., Louise McIntosh HON. ROB PORTMAN Reverend Donald Pierce Weeks. He has been Slaughter, M.C. OF OHIO an outstanding member of the clergy, working tirelessly for the people of his community and f IN THE HOUSE OF REPRESENTATIVES our nation. TRIBUTE TO OFFICER WILLIAM Tuesday, February 5, 2002 Reverend Weeks served in East St. Louis, JIMENO Mr. PORTMAN. Mr. Speaker, I rise today to Illinois at the Holy Angels Shelter for Women recognize Emily Watkins Spicer, an educator and Children from 1981 to 1988, by giving ad- HON. BILL PASCRELL, JR. and community leader, who will be honored on vice and sharing personal experiences. In Oc- OF NEW JERSEY February 20 by the Greater Cincinnati Cham- tober 1986, St. Clair County dedicated this IN THE HOUSE OF REPRESENTATIVES ber of Commerce as a Great Living Cin- month to him in recognition of his work. He cinnatian. The recipients for this prestigious also traveled to Cairo, Illinois to teach individ- Tuesday, February 5, 2002 award are selected on the basis of their uals how to read and write, so they could pass Mr. PASCRELL. Mr. Speaker, I am honored achievement in the world of work, but the cri- voter tests administered years ago. to call to your attention the story of an Amer- teria also includes an awareness of others; After his service in Illinois, he was sent to ican hero, Officer William Jimeno of the Port civic service; leadership; and distinctive ac- work at Saint Patrick’s Abbey in Oakland, Cali- Authority Police Department. Officer Jimeno of complishments. fornia. While there, he was elected the Bene- Clifton, New Jersey miraculously survived Emily Watkins Spicer grew up in Cincinnati dictine Monk in 1999 and has served in this being buried for fourteen hours in the rubble of during the 1940s—a time when many young position ever since. His dedication to fairness the World Trade Center after heroically re- African-American women were not able to re- and justice is demonstrated daily by contin- sponding to the scene on the morning of Sep- alize their career goals. At Withrow High ually helping men and women recover from tember 11, 2001. School and later at the University of Cin- their alcohol and drug addictions. In addition, September 11, 2001 has emblazoned so cinnati, she remembers some teachers would Reverend Weeks selflessly serves his commu- many unforgettable images in our minds. Per- not call on her in class. Never allowing herself nity be feeding and counseling homeless men,

VerDate 112000 05:42 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.019 pfrm04 PsN: E05PT1 E76 CONGRESSIONAL RECORD — Extensions of Remarks February 5, 2002 women and children suffering from AIDS and tinique. After returning to the U.S., Dad was Wing at Hurlburt Field, FL. As an Aircraft other communicable diseases. his gracious- injured in a parachute training accident and Pneudraulics Technician, I helped maintain ness and unfailing courtesy have set a high transferred to a Tank Destroyer Unit that the AC–130H Gunship, MC–130E Talon II, and saw action in Germany during the final MH–53–H helicopters now being used in Oper- standard for all of us to follow. months of World War II. He was among the ation Enduring Freedom in Afghanistan. Mr. Speaker, Reverend Weeks has U.S. troops liberating Dachau Concentration During my tenure at the 1st S.O.W., I served achieved impressive levels of achievement Camp in southern Germany, and remained in direct or support roles for Operation Ur- and accomplishment. He is an extraordinary there until late 1945 as rescue and rehabilita- gent Fury, Operation Just Cause, and Desert individual, and I know my colleagues join me tion efforts continued for the released pris- Storm. I am currently enrolled in paralegal in expressing our appreciation for his dedica- oners. courses and on my graduation hope to help tion to service and our very best wishes as he Following his release from the Army in my brother Ric in his legal practice. 1946, my Dad first attended Gonzaga Univer- continues his work. sity in Spokane and then later graduated My other brother and sisters have become f from the School of Foreign Service, George- a computer engineer, a licensed mid-wife and town University, in Washington, D.C. in 1950. apple grower in Washington State, and an RECOGNIZING MR. JOHN DANIEL At Georgetown he participated in the ROTC owner of a book store respectively. As you MORGAN OF WAUCONDA, WASH- program and was commissioned in the Air can see, my father did not raise under- INGTON Force Reserve in 1949 at Lowry AFB, CO. achievers. We have all grown to serve our Most of Dad’s work and military career community and nation as we best saw fit. was in the field of national intelligence, in- But working for the United States govern- HON. BOB SCHAFFER cluding the Central Intelligence Agency, OF COLORADO both in Washington, D.C. and the Far East. ment and raising a family was not enough IN THE HOUSE OF REPRESENTATIVES He also served at the Army Missile Intel- for Dad. In 1976, he purchased 220 acres in Tuesday, February 5, 2002 ligence Command at Huntsville, AL, and nu- north central Washington State. This land merous Air Force assignments throughout was heavily logged and left to erode and fend Mr. SCHAFFER. Mr. Speaker, I ask the the US. In 1970 he entered the US Customs for itself. Working either by himself or with House to join me in paying its respects to the Service and worked various posts in the Port help from my brothers and sisters, he late Mr. John Daniel Morgan, a former resi- of Seattle, including temporary assignments cleaned up the slash piles left behind, dent of Colorado. Mr. Morgan was a member at Nighthawk near Loomis, WA. thinned the undergrowth that takes over in of what television journalist Tom Brokaw It was during his assignments at Night- these kind of lumber operations, and planted named ‘‘the Greatest Generation,’’ and serves hawk that Dad ‘‘discovered’’ the Okanogan more trees. Today, the land that was once an region and began planning to retire in this as a source of pride for all generations. eyesore to all who saw it, is a beautiful, area. After his retirement from both his wooded piece of land for our future genera- Today, we recognize and mourn the passing military service and his Customs inspector tions to enjoy and appreciate. The ‘‘Morning of this great man and to celebrate all he has position in December, 1977, Dad moved to Song Project’’ now encompasses over 600 contributed to this great nation. Wauconda, Washington, and built a home on acres and has had a lasting, positive impact I wish at this time to enter into the RECORD Mount Toroda. He established the Morning a letter I received from his son. Mr. Morgan Song Reforestation Project to demonstrate of the population of Wauconda, WA. embodied the spirit of an upstanding and hon- ecologically sound practices to reclaim over- In the mid 1970’s, Dad started contacting orable American. He was both a veteran of logged land and establish a sustainable for- members of the 551st Parachute Infantry est operation. Battalion, which was his unit early in WWII. the Second World War and the father of eight Additionally, during his ‘‘retirement’’ children. In his retirement, he worked to re- This unit, all but annihilated during the Bat- years, Dad wrote eleven books ranging from tle of the Bulge, was disbanded after the bat- store the pristine forests of his state. A devout the definitive history of the 551st Parachute tle and its surviving members distributed Christian and family man, the success of all Infantry Battalion to poetry and personal among other units. Through my father’s ef- his children is a testament to the strong char- memoirs. He created a series of videos of music and scenes for meditation. He pro- forts and other unit members he located, the acter of Mr. Morgan. veterans of this unit were able to come to- America was built by men like him and it is duced many original watercolors and stained glass windows. gether again a hold an annual reunion. He, truly an honor for me to recognize his accom- Dad was a life-long member of the Catholic along with a few other members of the Bat- plishments today before my esteemed col- Church and a Secular Franciscan for more talion, were able to restore and preserve the leagues. I wish to encourage all Americans to than forty years. He was a past officer of the history of this heroic fighting unit. Through- recognize the accomplishments of those who 551st Parachute Infantry Association and a out their efforts there is a now memorial at came before them, and to look to such role member of the Veterans of Foreign Wars. both Fort Bragg and Bastogne, France com- models as Mr. John Daniel Morgan. On behalf Dad belonged for many years to the Wash- memorating the men of the 551st Airborne of the citizens of Colorado, I ask the House to ington Society of the Sons of the American Infantry Battalion, a unit otherwise lost to join me in extending appreciation to Mr. John Revolution, based on descent from Private history. In October, 1999 the 551st Parachute Jonas Morgan of the Virginia Continental Daniel Morgan and his family. Infantry Battalion was awarded the Presi- Line. dential Unit Citation with Valor, for their To: President George Bush and Members of Of the eight children he and my mother extraordinary courage during the most dif- the 107th Congress. raised, five have served in the Armed Forces. ficult phases of the Battle of the Bulge, From: Bill L. Morgan. Daniel, the oldest was in the Air Force dur- which wiped out their unit. My Dad was the Re the loss of a great American and father. ing the Vietnam War. Ric, the third oldest, principal driving force behind this belated My name is Bill Morgan and my father, retired from the Navy as a Commander in John Daniel Morgan, has recently been diag- 1999. During his distinguished career in recognition of American heroism on distant nosed with advanced acute leukemia. This Naval Intelligence, Ric participated in vir- battlefields. letter however, is not to inform you of his tually all United States Navy campaigns I felt it important to let you, the Govern- impending death, but to tell you of the life since the Iran Hostage Crisis. Ric now serves ment of the greatest nation on earth, know he has lived and the service he has provided as the Veterans Affairs Officer in Elbert that in these trying times, there are still this country. He has always been my role County, CO, and is attending law school in people who cherish the freedoms that come model as an American and given me the hopes of becoming a ‘‘country lawyer’’ upon with being a United States citizen, and go pride I feel for this great country. his graduation. Suzy, my oldest sister, above and beyond to ensure that future gen- Dad was born May 30th, 1921 to William served with the United States Army as a erations will be able to enjoy these same Lloyd and Mary Ellen (O’Brien) Morgan in nurse, and later transferred to the Air Force. freedoms. My Dad will be gone soon, but not Victoria B.C., Canada. Both his parents were She was well known and respected for her too soon to recognize the courage reflected of old Spokane, Washington families. After knowledge and professional capabilities at in his life, and the great heritage which he, graduating from Victoria High School, Dad Fort Bragg and Fairchild AFB. Mary, the moved to California where he worked for youngest sister, once served as an enlisted and countless other great Americans of his Douglas Aircraft just prior to World War II computer technician assigned to the 9th generation have preserved for us all, and for and attended both the Cumnock School and S.R.W. at Beale AFB, CA. Her efforts helped which we are most deeply indebted. One of City College of Los Angeles. In early 1942 he insure that the reconnaissance missions of God’s greatest blessings, to this great nation volunteered for the US Army at Fort Bliss, the SR–7 Blackbird, U–2, and TR–1 aircraft is the patriotism and devotion to duty char- TX. Shortly thereafter Dad was among the were a success. She left active duty long acterizing his life, and the lives of millions early volunteers for the parachute troops, enough to get her nursing degree and re-en- of his countrymen, that has wrought such re- training at Fort Benning, GA in the 551st listed as an Air Force Officer. She now serves markable benefits for this great nation, and Parachute Infantry Battalion. He saw serv- as an emergency care nurse at Travis AFB, future generations across the globe. ice in the Caribbean Theater preparing for an CA. As for myself, the youngest of the bunch, Most sincerely yours, assault drop on enemy-held French Mar- I served with the 1st Special Operations BILL L. MORGAN.

VerDate 112000 05:42 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A05FE8.022 pfrm04 PsN: E05PT1 February 5, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E77 HONORING DELTA SIGMA THETA something for which we are all extremely ergy, and his service are the gifts he has left grateful. I am honored that such an excep- to his family, and to us. While we are sad- HON. BOB BARR tional organization resides in the seventh dis- dened at his passing, we are grateful for his OF GEORGIA trict of Virginia. life. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, please join me in congratu- f lating the Ashland Lions Club for its 50 years Tuesday, February 5, 2002 of service. TRIBUTE TO THE SHEA FAMILY Mr. BARR of Georgia. Mr. Speaker, In 1916, f twenty-two women came together at Howard HON. JOHN B. LARSON IN MEMORY OF LOWELL F. RUPP University in Washington, D.C. to establish an OF CONNECTICUT organization of motivated African-American IN THE HOUSE OF REPRESENTATIVES women. These women believed not only in the HON. MARCY KAPTUR Tuesday, February 5, 2002 ideals of high morality, but also the mainte- OF OHIO nance of scholastic achievement and philan- IN THE HOUSE OF REPRESENTATIVES Mr. LARSON of Connecticut. Mr. Speaker, I rise today to pay tribute to 2002 Winter Olym- thropy among women. As a result of this Tuesday, February 5, 2002 meeting, Delta Sigma Theta Sorority was es- pian Jim Shea, Jr., of West Hartford, Con- tablished. Ms. KAPTUR. Mr. Speaker, today I rise to necticut. Shea Jr. took second place at a To date, Delta Sigma Theta has over pay homage to a man of my district, Lowell F. World Cup race in December earning him one 200,000 members worldwide, with branches of Rupp, who passed from this life on Monday, of the three spots on the U.S. Men’s Skeleton sisterhood reaching as far as West Germany January 7, 2002 at the youthful age of 73. Mr. Team in the Winter Olympic Games. and Korea. The women of Delta Sigma Theta Rupp was a long time and much loved civic This recent victory and the gaining of a have continued their founders’ initial pledge to and business leader in Fulton County, Ohio. berth on the Olympic team are only the latest serve others, carrying out the tradition of act- Born a family farm still operational in Fulton accomplishments in a distinguished athletic ing as a public service organization rather County, Mr. Rupp eventually purchased the career. He won a gold medal at the National than a social club. Realizing the issues reach farm from his father. He produced corn, soy- Championships in 1996. Shea was the top fin- across the globe, the members of Delta Sigma beans, and wheat, selling the seed as well. isher for the U.S. in every race of the 1998– Theta have outlined five points to which they Even though I came to know him through poli- 1999 season. He was first American to win a hold themselves and each other accountable. tics, for me the picture of Mr. Rupp remains gold in the Skeleton World Cup in 1998 and These goals include educational development, with the land, for he was a farmer in his very the first American to win the Skeleton World economic development, international aware- soul. Championships in 1999. He also won gold at ness and involvement, physical and mental Entering German Township politics, he the Inaugural Winter Goodwill Games in Lake health, and—particularly poignant of all of ‘‘sought elective office out of a love for people Placid in 2000. Shea finished third in the over- us—political awareness and involvement. and a desire to make a difference in their all World Cup standings for 2000–2001. I am pleased to say some years ago, At- lives.’’ That, indeed, he did. After serving for Perhaps even more captivating than Shea’s lanta area alumnae of Delta Sigma Theta real- ten years as a German Township Trustee, Mr. athletic record is his family history. When Jim ized the need for a solid alumnae presence, Rupp was elected a Fulton County Commis- Shea Jr. qualified for the Olympic team, the so on February 22, 1986 the Marietta-Roswell sioner. He served in that position for sixteen Sheas became the first family in American his- Alumnae Chapter set its charter. It has grown years, retiring at the end of his final term in tory to send 3 generations to the Winter Olym- to over 300 members. At the core of this 1994. His tenure as commissioner brought a pics. The Nelson family accomplished the alumnae group is support for their collegiate great deal to the residents of Fulton County: same feat with the Summer Olympics in the sisters, bringing to light the scholarship pro- he most assuredly did make a difference in sport of cycling. Jim’s father, Jim Shea Sr., gram. Funds for the prize monies are raised their lives, improving their livelihoods, bringing competed in Nordic skiing in the 1964 Olympic through its annual dinner dance, ‘‘An Affair of positive progress to the county and always Games. Jack Shea, Jim Jr.’s grandfather, won the Heart,’’ and the debutante cotillion pro- moving forward. Under his stewardship, he two gold medals in speed skating at the 1932 gram. helped establish the Fulton County Court- Olympic Games in Lake Placid. Jack was also My fellow members of the House, I am house Plaza, a new county health department selected to compete in the 1936 Winter Olym- happy to report the Marietta-Roswell alumnae building and senior centers in four regions of pics, to be held in Germany, but refused to chapter of Delta Sigma Theta will be giving the county. He helped to obtain expansion for participate in protest to Hitler’s persecution of out more than $25,000 in collegiate scholar- water lines into the county and improvements the Jews. Jack symbolized true Olympic ships awards on February 16, 2002, saluting to its fairgrounds. sportsmanship, and in Jim Jr.’s words, Jack promising African American women leaders of Those who worked with Mr. Rupp in pursuit ‘‘always felt it was not who won the gold; it tomorrow. I ask you to join me in applauding of projects benefiting the county—myself in- was about bringing the world together in a the past and present efforts and activities of cluded—found him to be a most able and hon- peaceful setting.’’ Delta Sigma Theta. Their outstanding leader- orable man. One of his colleagues describes Unfortunately, Jack Shea will not be able to ship and true community spirit of both alum- him as a ‘‘rock-ribbed Republican’’ who never see his grandson compete in the Games. Jack nae and active members are to be com- let partisanship get in the way of doing the was killed in a drunk driving accident in his mended and exemplified. best job he could for the public good and hometown of Lake Placid last week. I would f noted, ‘‘He was a gentleman to work with. We like to honor the Shea family for their great were both opinionated and agreed to dis- spirit of participation and sportsmanship, and I CELEBRATING THE 50TH ANNIVER- agree.’’ Mr. Rupp practiced a style of politics wish Jim Jr. good luck in Salt Lake City. SARY OF THE ASHLAND LIONS from which all could take a lesson, and though f CLUB driven to achieve what he thought was right, still understood the art of compromise. IN HONOR OF JOHN ‘‘JACK’’ HON. ERIC CANTOR A man of great yet quiet faith who lived his PHIPPS, SR. OF VIRGINIA beliefs, Mr. Rupp was a lifelong member of IN THE HOUSE OF REPRESENTATIVES the Evangelical Mennonite Church. He was HON. JOSEPH M. HOEFFEL also a member of Gideons International and Tuesday, February 5, 2002 OF PENNSYLVANIA the Archbold Rotary. IN THE HOUSE OF REPRESENTATIVES Mr. CANTOR. Mr. Speaker, I rise today to Lowell Rupp and his wife Ardith celebrated recognize the 50th Anniversary of the Ashland nearly 53 years of marriage together. As Tuesday, February 5, 2002 Lions Club. The club began serving Hanover deeply as he surely loved them, words can do Mr. HOEFFEL. Mr. Speaker, I rise today to County, Virginia on February 26, 1952. little to assuage the grief felt now by Mrs. honor John ‘‘Jack’’ Phipps Sr. who will be re- The Ashland Lions Club’s 50 years of com- Rupp, their children Beverly, Pamela, Bruce, tiring from the Harmonville Fire Company No. munity service is a remarkable accomplish- Larry, and Leslie, sister, brother, and grand- 1 in Montgomery County, Pennsylvania after ment. Many dedicated members have volun- children. May the tangible legacy he leaves twenty-one years of service as Fire Chief. teered their time over the past 50 years to behind in what his public service gave to his Since 1960, Jack has served the serve the citizens of Hanover County. The community help them as they find their way Harmonville Fire Company with pride and dis- Lions Club’s generosity is invaluable and now. Lowell Rupp’s memory, his talent, his en- tinction. In 1963, he was a member of the

VerDate 112000 05:42 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.030 pfrm04 PsN: E05PT1 E78 CONGRESSIONAL RECORD — Extensions of Remarks February 5, 2002 SCUBA team which at the time had the most with his service at the PAPD. He was a proud mother and wife Rlene have all worked for complete fire and rescue operations in the member of a motorcycle club made up of fel- Kroger. Rlene and Lyle have three children area. He was elected Financial Secretary in low officers that organizes charity rides for and six grandchildren. 1963 and held this position for nine years until sick children and meets other community Lyle’s volunteer activities are many. He led 1971. Jack advanced to fire line officer when needs. the first capital campaign for Hospice of Cin- he was elected to be Battalion Chief in 1976 He has touched countless lives for the bet- cinnati and the second capital campaign for and 1977. He became Fire Chief in 1981. ter, and we are all better for having him as St. Rita’s School for the Deaf. He served on Jack has held the position of Fire Chief of the part of our American family. the Smale Infrastructure Commission, the Harmonville Fire Company longer than any On Tuesday, September 11th that family Buenger Education Commission, and was ac- other person in the history of the fire com- was attacked in a way we had only seen in tive in United Way. A past president of the pany. our very worst nightmares. The actions carried Commercial Club and a past co-chair of the Jack has been involved in his community as out on the people of this nation were unspeak- Cincinnati Business Committee, Lyle also a member of the Pennsylvania Turnpike Com- able acts of war, targeting the very foundation served as a trustee of the University of Cin- mission, the Plymouth Township Relief Asso- of what makes us Americans. That day we all cinnati and on the board of Bethesda, Inc. ciation, and numerous other civic activities. He witnessed the very worst of mankind. All of us in the Cincinnati area salute Lyle has selflessly given his time and energy to What the perpetrators of these acts did was Everingham as he is recognized as a Great projects such as the building of a substation in not realize the unwavering commitment to lib- Living Cincinnatian. Plymouth Valley. In addition, Jack played a erty and humankind felt by Paul Laszczynski f crucial role in obtaining a rescue helicopter for and his fellow heroes. The bravery and love Montgomery County. he exhibited in the face of terror make him an HONORING THE AMERICAN HERIT- I am pleased and honored to recognize example for us all. AGE ACADEMY, CHEROKEE Jack Phipps on his great career of service. His We will honor Officer Paul Laszczynski by COUNTY, GEORGIA dedication to his community has been truly trying to live our lives as he lived his. We will outstanding. honor Paul by loving his family as he did, and HON. BOB BARR f continuing his work to make our community a OF GEORGIA better place. IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO OFFICER PAUL Mr. Speaker, I ask that you join our col- Tuesday, February 5, 2002 LASZCZYNSKI leagues, Paul’s family and friends, myself, and a truly grateful nation in honoring the life of a Mr. BARR of Georgia. Mr. Speaker, in 1999, HON. BILL PASCRELL, JR. great American, Port Authority Police Officer a private school opened its doors to the north OF NEW JERSEY Paul Laszczynski. Georgia community in Cherokee County. IN THE HOUSE OF REPRESENTATIVES f Since its inception the American Heritage Tuesday, February 5, 2002 Academy has become an integral component HONORING LYLE EVERINGHAM AS of Georgia’s education system, becoming a Mr. PASCRELL. Mr. Speaker, I am honored A GREAT LIVING CINCINNATIAN home to advanced and gifted students, moti- to call to your attention the life of an American vating new goals, and challenging students to hero, Officer Paul Laszczynski of the Port Au- HON. ROB PORTMAN entertain a wide range of various ideas. thority Police Department. Officer Laszczynski OF OHIO The school operates on a college prep for- of Paramus, New Jersey, was killed in the IN THE HOUSE OF REPRESENTATIVES mat and combines a versatile range of racial, Line of Duty while heroically responding to the Tuesday, February 5, 2002 ethnic, and religious backgrounds; giving its attack on the World Trade Center on Sep- students a diversified look at the world from Mr. PORTMAN. Mr. Speaker, I rise today to tember 11, 2001. the start. At the heart of the American Herit- recognize a friend and constituent, Lyle September 11, 2001 has emblazoned so age curriculum lies a balanced combination of Everingham, who will be honored by the many unforgettable images in our minds. Per- academic development, community service, Greater Cincinnati Chamber of Commerce on haps none is more vivid, however, then that of and individual creativity. Each class holds a February 20 as a Great Living Cincinnatian. courageous men and women in uniform work- maximum of 15 students, ensuring personal The recipients of this prestigious award are ing so valiantly to save the lives of others. It attention and the opportunity for every stu- selected on the basis of special achievement is therefore only fitting that Officer Laszczynski dent’s voice to be heard. For now, the school in the world of work, but the criteria also in- be honored, in this, the permanent record of operates on a preschool through middle cludes an awareness of the needs of others; the greatest freely elected body on earth. school scale, but soon it will unveil its newest civic service; leadership; and distinctive ac- A sixteen-year veteran of the Port Authority extension. Students will be able to begin their complishments. Police Department and member of the Port formative school years at American Heritage, Authority’s Emergency Services Unit, Officer Lyle Everingham’s success is a classic American story of ‘‘working your way to the and continue on through high school, right up Laszczynski was no stranger to emergency re- until they graduate and depart for the next sponse. Having repelled down elevator shafts, top.’’ Fresh from a tour of duty with the U.S. Army in the South Pacific, twenty-one year old phase of their education. climbed the top cables of the George Wash- American Heritage has become a flagship Lyle applied for a temporary position stocking ington Bridge, and rescued people from burn- school to Cherokee County. Its presence has shelves at a Kroger store in Adrian, Michigan. ing buildings throughout his distinguished ca- initiated a partnership between public and pri- He thought it would be a nice summer job until reer, Paul Laszczynski once again placed the vate schools that provides an important choice school started that fall. Instead, he stayed on lives of others ahead of his own on September to parents. The school has grown not only in with the company, and decades later, oversaw 11th. numbers, but also in reputation, in just a short the Kroger Company’s entire operation—retir- Trained in hazardous materials response, while; it will no doubt continue to do so in the ing as Chairman of the Board in 1991. Along Officer Laszczynski was a member of the future. PAPD’s Chemical Identification Response the way, he assumed greater responsibility— Team. Always one to take on additional tasks, as store manager, district manager, general f Officer Laszczynski also served as the PATH district manager and manager of operations. TRIBUTE TO MRS. VIRGINIA Command’s Fitness Coordinator, a Police He served as manager of merchandising in STRICKLAND ROGERS Academy Pistol Range Instructor, and as a the company’s Toledo Division, and it was member of the Honor Guard. there that he sharpened his administrative HON. BENNIE G. THOMPSON During the bombing of the World Trade skills. Under Lyle’s leadership, Kroger became OF MISSISSIPPI Center on February 26, 1993, Officer one of the nation’s largest food chains and re- IN THE HOUSE OF REPRESENTATIVES Laszczynski helped rescue a handicapped tained its ownership, fending off a hostile take- man by carrying him to safety from the 72nd over attempt by two out-of-town investors. He Tuesday, February 5, 2002 floor. His efforts that day earned him two dis- consistently championed innovative ideas to Mr. THOMPSON of Mississippi. Mr. Speak- tinguished citations: The Meritorious Citation improve the customer’s experience—such as er, I am pleased to honor a native of Como, for Exemplary Police Actions and the Indi- incorporating bank branches right into the Mississippi who celebrates her centennial vidual Valor Award. Kroger store. birthday today. In 1902, the year Mrs. Rogers Paul Laszczynski’s dedication to serving Kroger is truly all in the family for the was born, Theodore Roosevelt was our na- others and the community at large did not stop Everinghams. Lyle’s brother, Bob, four sisters, tion’s twenty-sixth President. Throughout his

VerDate 112000 05:42 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.030 pfrm04 PsN: E05PT1 February 5, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E79 tenure as President, he prided himself as a and Speaker Hertzberg opened the Speaker’s the Indian government. He will be greatly ‘‘steward of the people’’. Mrs. Virginia Strick- Office of International Relations. He injected a missed by the people whose interests he land Rogers, whether consciously or not, has humorous touch of his heritage into the Cap- served, the Sikhs of Punjab, Khalistan, and by lived and continues to live by this motto as itol’s culture by publishing a guide on Yiddish, all the people who care about freedom in well. She has been a public servant and a dis- so everyone in the Legislature and Capitol South Asia. tinguished member of her community for most Press Corps could translate the colorful The Council of Khalistan put out an excel- of her lifetime. She is an active member of her phrases he so frequently uttered during floor lent press release on Mr. Osan’s passing. I church, the Cistern Hill Missionary Baptist sessions. am placing it in the RECORD in his memory. In Church, where she sits on the church’s Board Hertzberg understood working together addition, I would also like to insert a February of Mothers and February Club. When she is means just that and maintained a continuous 1, 2002, article from PPA News regarding the not in church, Mrs. Rogers, who is a retired presence in Washington, D.C. through an Of- killing of Kashmiris by Indian soldiers. food service worker, drives the elderly in the fice of Federal Relations. He was quick to community to their doctors’ appointments and point out that what happens in Washington, IN MEMORY OF S. SUKHBIR SINGH OSAN escorts them on shopping excursions. The lat- D.C. matters in California. He frequently led LONGTIME JOURNALIST, FOUNDER OF BURNING ter of these tasks she does not mind though, delegations of legislators to D.C. to discuss PUNJAB, EXPOSED HUMAN RIGHTS VIOLA- because she reportedly is an ‘‘avid shopper’’. state issues with federal officials. Hertzberg TIONS, REPORTED ON FREEDOM STRUGGLE— Also, in her spare time, Mrs. Rogers loves to was determined to work with all of us in GOVERNMENT HAD FILED FALSE CASE AGAINST show off her ‘‘green thumb’’. She enjoys gar- Washington, D.C. to maximize California’s BURNING PUNJAB, BANNED IT dening and is known to tinker around in her share of federal dollars. WASHINGTON, DC, January 21, 2002.— garden for hours at a time. Hertzberg is a gifted and tireless legislator, Sukhbir Singh Osan, 31, journalist and I cannot even begin to imagine the volumes who worked to enact long-needed reforms of founder of the website Burning Punjab of historically significant events Mrs. Virginia California’s foster care system, significantly (http://www.burningpunjab.com), died of a Rogers has witnessed with her own eyes over expand access to low-cost health insurance heart attack over the weekend. Sardar Osan her lifetime. The town of Como is lucky to for working families, and help pass the two also wrote for several Indian newspapers. have such a resident who is so involved and largest park bonds in state history. He was ‘‘The passing of Sardar Osan is a great loss committed to community. I hope that other also the lead negotiator during extended dis- for the Sikh Nation,’’ said Dr. Gurmit Singh members follow her example as well. cussions that led to the passage of the largest Aulakh, President of the Council of Among the celebrants at Mrs. Rogers’ ‘‘cen- school construction bond in state history. Khalistan. The Council of Khalistan is the government pro tempore of Khalistan and tennial bash’’ will be her friends in the commu- After September 11, he moved quickly to leads the struggle to liberate the Sikh home- nity and also her 10 grandchildren, 34 great establish a statewide task force to assess the land, Khalistan, which declared its independ- grandchildren, and 35 great great grand- impact of terrorism on California’s economy ence from India on October 7, 1987. ‘‘He was children. and to recommend steps to improve public an excellent reporter and a stalwart Sikh Happy one-hundredth birthday Mrs. Rogers! safety and restore public confidence. He vis- who exposed the human-rights violations I wish you the best on your day and hope you ited Washington to meet with federal officials against the Sikhs by the Indian government see many more. and coordinate terrorism preparedness and re- and reported on the sikh freedom struggle,’’ sponse activities. In December, he led a dele- he said. ‘‘His website, Burning Punjab, is one f of the best sources available for news from gation to Taiwan and Japan, to address post- Punjab, Khalistan.’’ Osan was also a lawyer. A TRIBUTE TO ROBERT September 11 tourism and to promote trade HERTZBERG with California. Recently, the Indian government filed a false case against Burning Punjab, falsely As we celebrate Speaker Hertzberg’s claiming it was a ‘‘newspaper.’’ The Indian HON. SAM FARR achievements, I wish him all the best in his government had banned the viewing of Burn- OF CALIFORNIA next endeavor. I know he will be extremely ing Punjab in Punjab and elsewhere in north- IN THE HOUSE OF REPRESENTATIVES successful. All the best for the bright future to west India. A Deputy Inspector General was Tuesday, February 5, 2002 Speaker Robert Hertzberg, his wife Dr. Cyn- specifically assigned to ‘‘deal with’’ Sardar thia Telles-Hertzberg, and sons Daniel, David, Osan. ‘‘I think the stress from that false case Mr. FARR of California. Mr. Speaker, today and Raymond. may have brought about his heart attack,’’ California says goodbye to Assembly Speaker said Dr. Aulakh. f Robert Hertzberg and says hello to incoming ‘‘Sardar Osan was one of the leading voices Speaker Herb Wesson. Speaker Hertzberg REMEMBERING SUKHBIR SINGH in exposing the Indian government’s repres- served in this position with abundant personal OSAN sion of the Sikhs,’’ Aulakh said. ‘‘He exposed energy and unbridled enthusiasm. He clearly phony Sikh leaders such as S.S. Mann, Dr. loved this job and worked hard for the people Jagjit Singh Chohan, Didar Singh Bains, and HON. DAN BURTON others. This was an extremely important of California. OF INDIANA service,’’ said Dr. Aulakh. Hertzberg is affectionately known as IN THE HOUSE OF REPRESENTATIVES ‘‘Speaker Hugsberg’’ for his propensity to en- According to a report in May by the Move- Tuesday, February 5, 2002 ment Against State Repression, India admit- thusiastically embrace friends, foes, and ted that 52,268 Sikh political prisoners are strangers. Indeed these famous hugs have Mr. BURTON of Indiana. Mr. Speaker, I was rotting in Indian jails without charge or spread beyond California to many of us on saddened to hear of the passing of Khalistani trial. Many have been in illegal custody Capitol Hill and most recently to members of journalist Sukhbir Singh Osan. He died of a since 1984. The Indian government has mur- the Hazardous Materials team charged with heart attack on January 19, 2002. Mr. Osan dered over 250,000 Sikhs since 1984. Over decontaminating the Hart Senate Office build- was only 31 years of age. 75,000 Kashmiri Muslins have been killed ing. Mr. Osan was a terrific reporter who ex- since 1988. In May, Indian troops were caught These hugs will never end, but Hertzberg’s posed many scandals through his website, red-handed trying to set fire to a Gurdwara (a Sikh temple) and some Sikh houses in term-limited position as Speaker ends today. Burning Punjab. He reported many stories Kashmir. Two independent investigations Speaker Hertzberg will also leave the Assem- showing India’s pattern of terrorism against its have proven that the Indian government car- bly seat he has represented in the Legislature own people. In addition to running his website, ried out the March 2000 massacre of 35 Sikhs since 1996 at the end of the year. Speaker he wrote for several Indian newspapers. in Chithisinghpora. In August 1999, U.S. Con- Hertzberg’s presence in the institution will far The Indian government had banned the gressman Dana Rohrabacher said that for outlast his two years as Speaker and he viewing of Burning Punjab in Punjab and a Sikhs, Kashmiri Muslims, and other minori- leaves a permanent mark on the State Capitol. few neighboring states. When that did not shut ties ‘‘India might as well be Nazi Germany.’’ Hertzberg instituted some groundbreaking down the site, India brought a fake criminal ‘‘The service Sardar Osan gave to the Sikh changes during his brief tenure. He opened an case against Burning Punjab, falsely claiming Nation was immense,’’ said Dr. Aulakh. ‘‘He on-site childcare center and upgraded tech- it was a ‘‘newspaper’’ operating out of Punjab. is one of the few people in Punjab who was not afraid to tell the truth. The Sikh Nation nology throughout the Assembly. He founded These actions make it clear that Mr. Osan’s will miss him very much,’’ Dr. Aulakh said. the Capitol Institute, which now bears his reports were greatly disturbing to the Indian ‘‘On behalf of the Sikh diaspora, I would like name, to establish innovative training courses government. to offer my condolences to Sardar Osan’s for freshman Members and legislative staff. Sukhbir Singh Osan was a courageous re- family. I can only hope that Burning Punjab California is the world’s fifth largest economy porter, one of the few who would stand up to will be continued in his memory.’’

VerDate 112000 05:42 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A05FE8.034 pfrm04 PsN: E05PT1 E80 CONGRESSIONAL RECORD — Extensions of Remarks February 5, 2002 [From the PPA News, Feb. 1, 2002] traditions of the PAPD. From assisting in the an impromptu meeting of various helping orga- INDIAN SOLDIERS KILL 376 KASHMIRIS IN JANU- arrest of armed suspects to the performance nizations, and ‘‘One Family helping One Fam- ARY 2002, 107 WOMEN, CHILDREN AMONG of first aid during extreme conditions, John ily‘‘ was born. KILLED IN POLICE CUSTODY Skala was a public servant in every sense of Joel Snider, Pastor of the First Baptist ISLAMABAD (PPA).—The Indian army dur- the word. Church of Rome, expressed the enormity of ing its genocidal operations in the month of Officer Skala’s dedication to serving the the situation when he stated, ‘‘Imagine being January 2002, killed 376 innocent citizens in community at large extended far beyond his 80 years old and in poor health. All your in- held Kashmir including 107 killed in custody. work at the PAPD. He dedicated his free time come is represented by the $600 per month According to statistical data compiled by to serving as a paramedic with the Passaic- Social Security check that arrives each month. the Research Section of the Kashmir Media You pay $150 a month for the portion of your Service, those who fell victim to Indian Clifton Mobile Intensive Care Unit, as a mem- army’s brutalities included 246 men, 11 men ber of the Ukrainian American Youth Associa- prescriptions not covered by Medicare. The re- and 12 kids. tion, and as a volunteer with the New Jersey maining $450 covers rent, groceries, phone, During the month under review, 625 com- Special Olympics and the Juvenile Diabetes utilities, and everything else. Then one day, mon people were tortured or critically in- Foundation. John Skala was a hero, both on you receive a gas bill for $800. The meter is jured by the Indian troops in the course of the front lines and behind the scenes. running on your current bill also. What do you crackdowns upon villages, towns and cities. He has touched countless lives for the bet- do? How do you ever scrape together enough 630 people were arrested during the outgoing ter, and we are all better for having him as money to catch up?’’ month without any valid charge against ‘‘One Family Helping One Family,’’ while part of our American family. them while 139 houses and shops were working with Good Neighbor Ministries, the On Tuesday, September 11, our American arsoned by setting them on fire on using dy- Salvation Army, and Floyd County Baptist As- family was attacked in a way we had only namite blasts. sociation, have helped 167 families as of Jan- Twenty-one persons had been kidnapped or seen in our very worst nightmares. The ac- uary 18, 2002. Four hundred and seventeen reported missing. Relatives of these persons tions carried out on the people of this nation total donations had been received by these forcibly disappeared by the Indian army have were unspeakable acts of war, targeting the agencies. Many contributions came from indi- no access to them and they are worried very foundation of what makes us Americans. about their missing loved ones. viduals and families; however, some contribu- That day we all witnessed the very worst of Molestation of women is one of the weap- tions represented the combined efforts of Sun- mankind. ons being used by the Indian forces to ter- day School classes and student groups. The What the perpetrators of these acts did not rorize people and 32 cases of gang rape and total amount given up until that date was realize was the unwavering commitment to lib- molestation were recorded during the month $112,522. Every penny has gone to help a under review. Police and civilian authorities erty and humankind felt by Officer Skala and family in need. are reluctant to register complaints in this his fellow heroes. The bravery and love he ex- behalf and the victims are left to suffer their The entire community, including the staff at hibited in the face of terror make him an ex- Rome Housing Authority, Atlanta Gas Light fate. The army personnel even threaten their ample for us all. victims of dire consequences if the matter Company, the staff of the ‘‘Rome News-Trib- was reported to the authorities. We will honor Officer John Skala by trying une’’, Rome/Carrollton District of the United to live our lives as he lived his. We will honor Methodist Church, Good Neighbor Ministries, f John by loving his family as he did, and con- Major Kerns of the Salvation Army, Lynne Bar- tinuing his work to make our community a bet- TRIBUTE TO OFFICER JOHN ton at Info Line, Bruce Day at Floyd County ter place. SKALA Baptist Association, Susan Seagraves, John Mr. Speaker, I ask that you join our col- Pinson, Armin Maier, Mary and Allen Shrop- leagues, the City of Clifton, John’s family and shire, Doug Walker, and many others, have HON. BILL PASCRELL, JR. friends, myself, and a truly grateful nation in pulled together. OF NEW JERSEY honoring the life of a great American, Port Au- Imagine, if you will, what might happen if IN THE HOUSE OF REPRESENTATIVES thority Police Officer John Skala. each and every community had a ‘‘Steve Ed- Tuesday, February 5, 2002 f wards?’’ We owe a debt of gratitude to each person who has contributed to this effort. As Mr. PASCRELL. Mr. Speaker, I am honored ‘‘REWARDS THAT FOLLOW Pastor Snider so eloquently phrased it in the to call to your attention the life of an American GENEROUS HEARTS’’ ‘‘Rome News-Tribune’’ in December, ‘‘On be- hero, Officer John Skala of the Port Authority half of all the families that are warm today be- Police Department. Officer Skala of Clifton, HON. BOB BARR cause of your gift, I ask God to grant you the New Jersey, was killed in the Line of Duty OF GEORGIA richest blessings of this holiday season. May while heroically responding to the attack on IN THE HOUSE OF REPRESENTATIVES the rewards that follow generous hearts be the World Trade Center on September 11, Tuesday, February 5, 2002 yours into the New Year.’’ Amen. 2001. f As the tragic events of that fateful morning Mr. BARR of Georgia. Mr. Speaker, some- unfolded, Officer Skala was assigned to the thing wonderful recently occurred for many TRIBUTE TO MARGARET GOBLE Lincoln Tunnel Command. He immediately re- folks in Rome and Floyd County, Georgia. MADIGAN OF LUTHERS MILLS, sponded to help evacuate the towers after the Steve Edwards, owner of a local insurance PENNSYLVANIA first plane struck World Trade Center Tower company in Rome, and his wife Marie, read of One. the plight of 1200 families in Floyd County HON. DON SHERWOOD September 11, 2001 has emblazoned so who had their gas service discontinued for OF PENNSYLVANIA many unforgettable images in our minds. Per- lack of payment of the previous year’s gas IN THE HOUSE OF REPRESENTATIVES haps none is more vivid, however, than that of bills. Tuesday, February 5, 2002 courageous men and women in uniform work- Steve and Marie read of the plight of these Mr. SHERWOOD. Mr. Speaker, it is with a ing so valiantly to save the lives of others. It families and knew they had to do something. profound sense of loss that I inform the House is therefore only fitting that Officer Skala be They could not save every family, but they that on Sunday, January 20, 2002, Margaret honored, in this, the permanent record of the could save at least one. They made a gift to Goble Madigan of Luthers Mills, known across greatest freely elected body on earth. the local Salvation Army for one family’s un- the Commonwealth of Pennsylvania as Peggy, John Skala was born in Passaic, New Jer- paid gas bill. The sense of reward was so passed away. sey and attended high school at nearby Clifton powerful, the Edwards decided other families Although Peggy Madigan is deserving of High. At the age of twenty-two, he received an might want to experience it as well. With no many superlatives, to say that she was known appointment to the Port Authority Police De- budget and no organization, Steve began to across Pennsylvania is no exaggeration. She partment. His distinguished career in law en- challenge families within the First Baptist was the wife of Senator Roger Madigan, and forcement showed him to be a man with the Church of Rome each to pay for one family’s she was known and loved by the many indi- courage of a lion, yet also someone who had gas bill. The response to his challenge was viduals whose lives she touched. She was a kind and gentle heart, willing to help anyone overwhelming. His vision quickly spread be- truly unforgettable. in need. yond their congregation and beyond Baptists. Peggy had an exceptional grace about her A recipient of two Meritorious Service He believed there were enough generous that can only come from a deep love of oth- Awards, Officer Skala exhibited the high Christians in Floyd County to turn on the heat ers. Her son, Nick Madigan, in his moving eu- standards of excellence associated with the for the remaining 1180 families. Steve called logy, described her rare ability to treat every

VerDate 112000 05:42 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.038 pfrm04 PsN: E05PT1 February 5, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E81 individual with dignity and respect. She genu- might need it. He was active with the Jewish TRIBUTE TO SUSAN CLYNE inely enjoyed people without regard to title or Community Center, serving as Chairman of position. She always—remarkably, given her the Board of Trustees, and was a founding HON. STEVE ISRAEL hectic schedule—made time for everyone. member of the Mile High United Way. He OF NEW YORK Peggy was a volunteer, active in many wor- served as Executive Trustee of the Eleanor IN THE HOUSE OF REPRESENTATIVES thy causes including promoting literacy and Roosevelt Institute for Cancer Research, was Tuesday, February 5, 2002 serving as a director of the local chapter of the Chairman of the Board of the National Jewish American Cancer Society. Hospital and was a Member of the Board of Mr. ISRAEL. Mr. Speaker, I received this A distinguished leader of the Republican the Denver Chamber of Commerce. Addition- compassionate letter earlier this month from a Party in Pennsylvania, Peggy Madigan was a ally, Emmett has contributed a significant constituent of mine. The letter once again role model for all of us. She was a woman amount of time to the Anti-Defamation gives us a sense of how many amazing peo- who was not only a tireless advocate of family League, chaired the effort to build Temple ple we lost in the attack on the United States values—her love for her family seemed Emanuel and was instrumental in renovating of America on September 11, 2001, such as boundless. They include her husband of 49 Green Gables Country Club. Susan Clyne. Susan was a hard working and loving individual who always fought to achieve years, Roger, her daughter, Vicki Lynne of Mr. Speaker, it is clear that Emmett Heitler the goals she set for herself. I ask all of my Carlisle, Annette Madigan Carr, of Annapolis, is a man of unparalleled dedication and com- Maryland, Nicholas Jay Madigan of Towanda, colleagues to recognize Susan and her hus- mitment to his job, his community and his fam- band, Charlie Clyne, who wrote the letter. We and Steven Gary Madigan of Emmaus. Of all ily. It is his unrelenting passion for each and of her many accomplishments, I know that her will never forget the innocent victims of Sep- every thing he does, as well as his spirit of tember 11. I ask that Mr. Clyne’s letter be greatest joy came from the recent birth of her honesty and integrity with which he has al- made part of the RECORD. grandson, Matthew Roger Madigan to her son ways conducted himself, that I wish to bring Steven and Carrie May Madigan. Sue loved her job at Marsh and loved the his efforts before this body of Congress. He is view from her 96th floor office. She had just Peggy Madigan was truly family to people a remarkable man who has achieved extraor- recently been promoted to SVP and she de- across our region and around the Common- dinary things and enriched the lives of so served it. She went to school nights after wealth. I grieve her loss for her entire family. many people. It is my privilege to extend to high school to get her degrees. After grad- f him my sincere congratulations on his induc- uating in three years she set her sights on tion into the Colorado Business Hall of Fame law school all the while working a full time PAYING TRIBUTE TO EMMETT and wish him all the best in the future. job. She graduated law school and passed the HEITLER N.Y.S. bar on the first try. She never stepped foot into a courtroom. She loved computers HON. SCOTT McINNIS f and since computer law wasn’t very popular A TORCH OF LIBERTY AWARD— at the time, she choose to stay in insurance OF COLORADO where she carved her niche first as a pro- IN THE HOUSE OF REPRESENTATIVES THOMAS C. GALLAGHER grammer (self-taught) then up the ladder to Tuesday, February 5, 2002 manager, AVP, VP, and SVP. She continued HON. EDOLPHUS TOWNS going to night school through the 90’s for her Mr. McINNIS. Mr. Speaker, I would like to MBA. She was upset that she could not grad- take this opportunity to pay tribute to Emmett OF NEW YORK uate before the birth of our twins in 1990. Heitler and thank him for his extraordinary IN THE HOUSE OF REPRESENTATIVES However, as soon as she felt up to the task she completed her MBA just before the birth contributions to his community and to his Tuesday, February 5, 2002 state. As a resident of Colorado, Emmett has of our second son in 1991. Did I mention that dedicated his life to improving the state by Mr. TOWNS. Mr. Speaker, on May 8, 2002, she loved computers? She also shared her love with our kids. She would mesmerize selflessly giving his time and energy to his job, a good friend of America’s consumers will re- ceive the prestigious Torch of Liberty Award them with cd roms of Mickey starting with his family and his community. His remarkable shapes and colors then on to pre ‘‘K’’ cd’s, business and philanthropic accomplishments from the well-respected Jewish Anti-Defama- math blaster reader rabbit etc. They could are surpassed only by the level of integrity tion League. This honor has been bestowed work a mouse by the time they were two and and honesty with which he has conducted on Thomas C. Gallagher, president and chief were programming by the time they were himself each and every day of his life. As we operating officer of Genuine Parts Company- six. Her education didn’t stop with three celebrate his tremendous accomplishment of NAPA, for his unfailing promotion of diversity children. She continued on for various cer- being inducted into the Colorado Business and tolerance in the workforce in general and tifications all pertaining to computers until the birth of our last child in 1997. Another Hall of Fame, let it be known that I, along with in the Office Products industry in particular, as well as his continued dedication in working for change took place in 1997. Her company con- the people of Colorado, applaud his efforts tinued to expand and decided to lease space and are eternally grateful for all that he has tolerance in the community. at the World Trade Center. She was thrilled done for our state and our community. The Anti-Defamation League has never to move. She let education take a back seat Born in Denver in 1909, Emmett excelled veered from its mission of obliterating hate for a while by taken home study courses for academically, graduating with honors from the and bigotry. Since 1913, the ADL has moved her CPCU. She juggled work, family and University of Colorado with a degree in engi- forward to quash hatred whenever it raised its studying. Her children were her treasures. neering before he was twenty years old. ugly head. So, this May, when the ADL in the She adored them and they worshipped her. fine state of New York bequeaths Thomas Her office was filled with their pictures. She Shortly after, he took a job with General Elec- developed a family web site with pictures, tric as an electrical engineer, and later be- Gallagher with its Torch of Liberty Award, it slide shows and most recently streaming came a partner and founder of Fashion Bar will be because of its acknowledgement of video. (www.clyne.com) They were truly her stores in Denver. After marrying his wife, Dot, people like Mr. Gallager who never fail to take angels. Sue got up every morning at 4:45 and in 1937, Emmett went to work for Shwayder a stand to do what is right and just. was on the 6:00 train to the city. We never Bros. Inc., a manufacturer of Samsonite Lug- At a time when America stands unified to saw her that morning. We never even had a gage. Over the course of his career with protect our precious freedoms, it gives us all chance to say good-bye. In an instant, some Shwayder Bros. and Samsonite, Emmett ad- pause that organizations like the ADL have radical religious moron decided it was her time. vanced to General Manager, and eventually to fought the ‘‘good’’ battles when those battles Executive Vice President. He was instrumental weren’t popular, that they continue to strive to f in building Samsonite from a small local busi- recognize individuals and will continue to IN HONOR OF WILLIAM F. MILLER ness into the world’s largest luggage manufac- march forward and shine as a beacon of light turer and pioneered Samsonite’s movement with truth and justice in what sometimes HON. DENNIS J. KUCINICH into new, cutting edge technology, most nota- seems like a world of darkness. OF OHIO bly using plastics in manufacturing sleeker, It has been my pleasure to personally know IN THE HOUSE OF REPRESENTATIVES more durable luggage. Tom Gallagher and see first-hand his commit- Emmett was not only an extraordinary busi- ment to America’s consumers. It is with pride Tuesday, February 5, 2002 nessman, but he was also a true philan- in Tom as a fellow American that I place his Mr. KUCINICH. Mr. Speaker, I rise today to thropist. Despite his demanding schedule, he name in the Congressional Record for others honor William F. Miller upon his reception of always found time to give back to his commu- to know the merits and values of one of Amer- the German Service Cross of the Order of nity and lend a helping hand to anyone who ica’s foremost business leaders. Merit.

VerDate 112000 05:42 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.042 pfrm04 PsN: E05PT1 E82 CONGRESSIONAL RECORD — Extensions of Remarks February 5, 2002 The Donauschwaben’s German-American Franklin’s legacy of achievement, philanthropy HONORING NANCY PELOSI Cultural Center and Consul General Michael and success. As we celebrate their induction Engelhard of the Consulate General of the into the Colorado Business Hall of Fame, it is HON. TAMMY BALDWIN Federal Republic of Germany are honoring Mr. an honor for me to pay tribute to such extraor- OF WISCONSIN Miller for his 39 years of reporting German- dinary people. IN THE HOUSE OF REPRESENTATIVES American affairs for the Plain Dealer. In this Tuesday, February 5, 2002 period he has served as a columnist, reporter In 1938, Franklin, a Denver native, went to and assistant editor. work the D.C. Burns Realty & Trust Company, Ms. BALDWIN. Mr. Speaker, I join with my In 1990 Miller covered the lives of Germans, which was founded by his uncle, Daniel Coch- colleagues in honoring my esteemed col- among other central and eastern Europeans, ran Burns. The company was dedicated to league, Representative NANCY PELOSI of Cali- in the wake of the fall of communism. From providing affordable housing for low-income fornia, and celebrating her election to the post this experience he wrote a series of articles families, selling houses for only ten percent of Democratic Whip of the House. This is not just an important moment for entitled ‘‘Life After the Wall.’’ This series won down long before the Federal Housing Author- Representative PELOSI, it is an historic mo- the 1991 National Writing Award of the First ity came into existence. At the age of 28, ment for this great body, and a deciding mo- Catholic Slovak Union of the United States Franklin became President of the company ment for women in our country. and Canada. Additionally the series was nomi- and began developing subdivisions and shop- This year, we celebrate the 85th anniversary nated for a Pulitzer Prize. ping centers in and around Denver. Under of the swearing in of Jeannette Rankin of Miller was named German-American Jour- Franklin’s leadership, the company developed Montana to the Congress. Representative nalist of the Year in January 1996 by the Fed- more than 13,000 pieces of property totaling Rankin, the first woman elected to Congress, eration of German-American Societies of $129 million. and a leader of the women’s suffrage move- Greater Cleveland. Miller also received the ment, would, indeed, be pleased and proud to Distinguished Service Award from the National In 1958, Franklin met Joy Steelman Colwick at a golf tournament at Cherry Hills Country see NANCY PELOSI ascend to her position of Journalistic Society’s Cleveland Chapter in leadership in the House. And she probably May of 1991. Club, and by 1960, they were married. Joy im- mediately contributed to the success of her would have asked, ‘‘What took you so long?’’ Miller has also been recognized by numer- We’ve never had a woman whip. We’ve ous other ethnic groups. The Asian/Pacific husband and his company and by the 1970s never had any woman in one of the top lead- Federation in Cleveland presented him with she was making quite an impact of her own. ership positions in either house of Congress. their Community Service award for his writings Having studied business at the University of In the race, NANCY got encouragement from in 1989. In 1994, Miller became the first non- Houston, she founded The Women’s Bank, unexpected places. The elevator operators, Greek to be awarded the Hellenic Award from now known as the Colorado Business Bank, in the high school pages in the hallways, the wait the Greek Orthodox Church of North America 1976. She then remodeled the Hampshire staff in the dining room, were whispering, ‘‘Go and Canada. In addition Miller has received House, which her husband’s company had NANCY, Go’’ as she walked past. awards for his coverage of the Greater Cleve- bought, and turned it into what is known today They cheered because they saw in her a lit- land German, Irish, Filipino, Italian, Viet- as the Burnsley Hotel, a Denver landmark. tle bit of themselves—people who, tradition- namese, Japanese, Chinese, Korean, Ukrain- The hotel opened in 1985 and Joy remained ally, have no seat at the table or in the back ian, Latvian and Czech communities. involved with it, serving as President until room. Every time a woman or a person of I ask you to join me in honoring William F. 1993. She now serves as President of her color or a person with a disability enters the Miller upon his reception of this distinguished husband’s company, the D.C. Burns Realty & halls of power, they bring with them the mul- titudes of people whose voices, typically, are award. Trust Company. f not heard. Not only were Franklin and Joy extraor- By being in those halls, in those Chambers, PERSONAL EXPLANATION dinarily successful in the business world, but in those boardrooms and backrooms, and on they also made significant philanthropic con- the podium, we make those places look a little HON. XAVIER BECERRA tributions to their community, city and state. bit more like America. OF CALIFORNIA Franklin was active in a number of charitable As women we bring our life experiences to the job. We can effect change because we IN THE HOUSE OF REPRESENTATIVES organizations in Denver, including the Inter- prioritize issues as we know them, as we un- Tuesday, February 5, 2002 County Regional Planning Commission, Mount Airy Psychiatric Center, the United Way and derstand them. And because of that, having a Mr. BECERRA. Mr. Speaker, on Tuesday, Mercy Hospital. Joy, too, has devoted a sig- seat at the table matters. Having a seat at the head of the table matters even more. January 29, 2002, I was unable to cast my nificant amount of her time and energy to the floor vote on rollcall Number 5, on the Motion NANCY PELOSI brings a woman’s perspective community. She has been a long-time volun- to the House leadership and it is long over- to Suspend the Rules and Agree to H. Res. teer at the University of Denver, serving as the 335, a resolution honoring the contributions of due. She also brings her keen intelligence, her Chair of the Board of Trustees and as the Catholic schools. political savvy, her deep-seated principles, her President of the University of Denver’s Pio- Had I been present for the vote, I would energy, and her desire to make our world have voted ‘‘aye’’ on rollcall vote 5. neer Sportswoman. In appreciation of her tre- more decent and democratic. mendous contributions to the University, DU NANCY PELOSI now makes the leadership of f named the Joy Burns Ice arena in her honor. our great House of Representatives look a lit- PAYING TRIBUTE TO FRANKLIN Joy is also the founder of the Women’s Foun- tle bit more like America and we are all better AND JOY BURNS dation of Colorado, was the only female mem- for it. ber of the Metropolitan Football Stadium f HON. SCOTT McINNIS Board and serves as President of the Sports- TRIBUTE TO JESSE FAYE FIELDS OF COLORADO women Colorado Foundation. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, it is clear that Franklin and Joy HON. MICHAEL G. OXLEY Tuesday, February 5, 2002 Burns have, for over fifty years, made extraor- OF OHIO dinary contributions to the community of Den- IN THE HOUSE OF REPRESENTATIVES Mr. McINNIS. Mr. Speaker, I would like to ver through both their business and charitable take this opportunity to pay tribute to Franklin Tuesday, February 5, 2002 L. and Joy S. Burns for their extraordinary endeavors. It is not only their unparalleled Mr. OXLEY. Mr. Speaker, today I rise to contributions to their community and to their business savvy that I wish to bring before this commemorate the life, community service, and state. As residents of Colorado, Franklin and body of Congress, but also their selflessness family devotion of Jesse Faye Fields, the Joy dedicated their lives to improving Colo- and love for their community. Though deeply mother of my good friend and former congres- rado by selflessly giving their time and energy saddened by Franklin’s passing, I wish to ex- sional colleague, Jack Fields, Jr. Mrs. Fields to their jobs, their family and their community. tend my sincere congratulations to Joy on recently passed away at the age of 76. With Although Franklin has passed, it is impossible their joint induction into the Colorado Business her late husband, Mrs. Fields owned and op- to forget his extraordinary accomplishments, Hall of Fame, and want to take this oppor- erated Rosewood Funeral Homes and Ceme- and we are all tremendously grateful to Joy for tunity to thank her for carrying on her hus- teries in Humble, TX, for several decades. To- all that she has done and for carrying on band’s legacy. We are proud of you both! gether they built the business into one of the

VerDate 112000 05:42 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.045 pfrm04 PsN: E05PT1 February 5, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E83 most successful cemeteries in the area. They up a computer system to track student visa times and, especially, in bad times. No one had a special ability to comfort and console holders. The agency has been struggling with shares a child’s happiness, pain, or sorrow, others in their time of need. a system for years, but it appears that it will more than his or her mother. No one under- Mrs. Fields was a true child of Texas. She be in place, INS officials said, by 2003. stands more how a child is feeling—really The tracking system is not without its feeling deep down inside—than his or her was born in Pearsall, TX, and graduated from critics. A group dealing with foreign stu- mother. Aldine High School. The eldest child in her dents withdrew its opposition after the Sep- My mother, Sophie, was a wonderful moth- family, she helped raise her siblings after her tember attack, but many individual schools er to me and to my two sisters, Jane and have expressed the concern that a tracking father died when she was 9. Nothing in her life Mary. We grew up in Haverhill and moved to system will discourage foreign students. was more important to her than her family. An Lawrence. Some of us took that move better Security trumps that concern. So long as a example of her loving spirit can be found in than others, but that is a story for another student visa is the gateway to an easy and her custom of cooking dinner for her family day . . . unmonitored existence in the United States and other relatives after church each Sunday. for people whose motives might be other A story I would like to share with you Mrs. Fields touched numerous lives through than scholarship, this is a security matter. If today that exemplifies the kind of person my Rosewood. But she touched even more as a keeping tabs on foreign students discourages mother was is this: When we were young respected citizen of the community, church a few from coming to the United States or children things would disappear from our attendee, and as a family beacon. Her love inconveniences a college’s administration, house, ‘‘things’’ like clothes, dolls and toys, and steady direction served as an inspiration too bad. and, of course, my favorite jacket that I had to her children, and with Jack, made her the Besides the INS system, the Senate is ex- only worn for a short period of time. Finally, pected to join the House soon in passing leg- mother told us that she had been sending our mother of an esteemed U.S. Congressman. islation that, among other things, would for- personal belongings to our relatives back in Jesse Faye Fields will be remembered as a bid the issuance of student visas to anyone Poland because, in her own words ‘‘they need devoted wife, loving mother, and cherished cit- from a country that sponsors terrorism un- them more than you do!’’ When we came izen of her community. less the State Department investigates and home from school or play, we never knew f approves the individual. what would be missing next, and if we really Some local INS offices are on the ball, too. valued something we knew we better find a STRONG STUDENT VISA SYSTEM Omaha-based INS officials, for instance, very good hiding place to keep it safe from CRITICAL TO NATIONAL SECURITY have been in contact with colleges and uni- mother’s reach. versities within their jurisdiction. But not Mother called all of us ‘‘Honey’’ or ‘‘Dear’’ HON. DOUG BEREUTER all INS offices across the country have been and when she did call us by name it was usu- as aggressive. ally someone else’s name. In fact, for a while OF NEBRASKA Better monitoring of guests to discourage there I really wasn’t sure whether my name IN THE HOUSE OF REPRESENTATIVES those who would abuse the privilege is not was ‘‘Jimmy’’, ‘‘Stanley,’’ or ‘‘Eddie,’’ be- onerous or unreasonable. Rather, these pre- Tuesday, February 5, 2002 cause she called me all three names regu- cautions are sensible and understandable in larly! She continued to do this with the Mr. BEREUTER. Mr. Speaker, this Member light of the credible threat terrorism poses grandchildren and great-grandchildren as wishes to commend to his colleagues the Feb- to Americans. The faster security can be im- well. proved, the better for the nation. ruary 4, 2002, editorial from the Omaha My mother loved us all—her children, her World-Herald entitled ‘‘Loosey Goosey Bor- f grandchildren, her great-grandchildren, her ders IV.’’ MASSACHUSETTS SECRETARY OF brothers, Stanley and Eddie, her sister, This editorial is one in a series of editorials Helen, and her many dear friends. Sophie’s STATE JAMES JAJUGA’S ELO- published by the Omaha World-Herald which love knew no bounds. She loved to laugh, and QUENT TRIBUTE TO HIS MOTHER illuminate why it is entirely appropriate for the she especially loved to spend time with her U.S. to enact strict immigration laws and, sub- grandchildren and her great-grandchildren. sequently, to actively enforce those laws. Spe- HON. MARTIN T. MEEHAN She used to play cards with the grand- OF MASSACHUSETTS children, a variation of the game of poker cifically, this editorial focuses upon the student called ‘‘No Peek.’’ A game where no one was visa system. IN THE HOUSE OF REPRESENTATIVES supposed to look at the cards. But of course Indeed, the U.S. should be pleased that its Tuesday, February 5, 2002 she would always peek. They’d call her on it higher education system attracts many foreign all the time, but she would swear that she Mr. MEEHAN. Mr. Speaker, I was saddened students, and, while it is important to continue only saw one card, when they knew she had last week to learn of the death of Sophie the student visa system to bring vibrancy and seen them all. But they always let her get Jajuga, the mother of my good friend James diversity to universities and colleges, those in- away with it. Jajuga, the Secretary of Public Safety for Mas- terests must continuously and consistently be I asked everyone in the family, including sachusetts and a former State Senator. balanced against U.S. security interests. Fail- the grandchildren, what they felt were moth- At the funeral service for his mother on Feb- ure to do so could place American lives at risk er’s strongest attributes. By unanimous ruary 5 at St. Lucy’s Church in Methuen, Mas- to terrorist attacks—among other threats— proclamation they all agreed her greatest sachusetts, Secretary Jajuga delivered an elo- strengths were her kindness, her generosity, committed by those in the U.S. fraudulently quent tribute to his mother that deeply touched and her thoughtfulness. under the guise of educational purposes. me and all others who were present. He de- Even with the strictest possible enforcement My mother never had a bad word to say scribed in vivid terms the lifelong love and about anybody. She was always there ready of visa controls, the system will always be support that Mrs. Jajuga gave to her family. to help out whoever needed it. She did not— susceptible to visa fraud. However, that does Secretary Jajuga’s beautiful eulogy to his could not—say no to anyone, no matter what not mean that the U.S. should throw up its mother should be of interest to all of us. I ask was asked of her and regardless of her own hands in surrender and throw open its bor- for unanimous consent to submit it to the situation. She shared whatever she had with ders. others unselfishly. She never asked for any- record: thing in return. [Omaha World-Herald, Feb. 4, 2002] Good morning, on behalf of my entire fam- She was a gentle woman. LOOSEY GOOSEY BORDERS IV ily, I want to thank you for attending this Slow progress is made in controlling for- beautiful service here at St. Lucy’s this She went out of her way to show she cared, eign student visas. morning, as well as for the many kindnesses always putting family and friends first even Progress on tightening up the United you have extended to me and to both the before herself. States’ free-and-easy borders has been slow Bednez and Jajuga families over the past few Today, we say goodbye—for now—and but steady since Sept. 11—not spectacular, days. I would also like to thank Fr. Loscocco though we are all deeply saddened by her un- but at least things are moving. for his support and guidance during this dif- timely passing, we are comforted in our firm Before the terrorist attack, student visas ficult time and for celebrating today’s mass, belief that she is in a better place, reunited were issued to foreign nationals, some of and Camille Peters for her beautiful voice with our father and with those members of whom came to this country and, in essence, and organ playing. our family who have gone before us. disappeared into the general population. The I was asked by my family to share with Immigration and Naturalization Service you some thoughts about my mother, Ma, thank you for a lifetime of memories didn’t check whether they actually went to Sophie, and am both humbled and honored to that we will cherish forever. Thank you for school or whether they left after their edu- do so with you now. always being there for all of us. We love you, cation was done. In life we tend to take some things for we miss you, and we all look forward to play- Things changed on Sept. 11. Security be- granted. One of these things is that our ing ‘‘No Peek’’ with you again someday. came a greater concern. The INS is setting mother will always be there for us, in good God bless you, Ma, and God bless you all.

VerDate 112000 05:42 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A05FE8.048 pfrm04 PsN: E05PT1 E84 CONGRESSIONAL RECORD — Extensions of Remarks February 5, 2002 THE EDUCATION, ACHIEVEMENT, grams can become a zero-sum situation with plying quality Caterpillar products to con- AND OPPORTUNITY ACT ‘‘winners and losers.’’ sumers. I was very pleased that President Bush’s Joe’s success in business is one, but not HON. CHRISTOPHER H. SMITH $1.35 trillion tax cut reform legislation—The the only, reason for his selection as a recipient OF NEW JERSEY Economic Growth and Tax Relief Reconcili- of this award. Part of the award is based on IN THE HOUSE OF REPRESENTATIVES ation Act of 2001, now P.L. 107–16 included commitment to the community and giving back several child and family tax credits to help in- to those who have supported you and allowed Tuesday, February 5, 2002 dividuals with their educational priorities. The for your success. In this endeavor, Joe has Mr. SMITH of New Jersey. Mr. Speaker, Bush Tax Cut was a solid down payment to been a valuable participant. He has been ac- today I am introducing legislation designed to help parents meet the educational needs of tive helping Colorado’s youth in the Denver ensure the federal government appropriately their children. Parents can now save up to Area Council Boy Scouts, the Denver Boys & assists parents with the financial burdens as- $2,000 per year in their Education Savings Ac- Girls Club, Children’s Hospital and the Chil- sociated with their child’s education. The legis- counts, and the interest that builds up in them dren’s Hospital Foundation. As a local busi- lation gives parents more options, and helps is tax free. When the parent withdraws money nessman, he plays an active role in the Den- them as they search out the best educational for elementary or secondary school expenses, ver Metro Chamber of Commerce and as a setting and tools for their children. the withdrawal is excluded from their taxable board member for Wells Fargo Bank. He also To this end, the Education, Achievement, income. remains an active member of his church as an and Opportunity Act will provide refundable If we are to truly make good on our promise elder with Presbyterian Church of the Cov- tuition tax credits per year, per child, for edu- that ‘‘no child is left behind,’’ we must ensure enant. cational expenses incurred by parents for ele- that Catholic schools are included in this na- Mr. Speaker, it is truly a pleasure to bring mentary and secondary school. The legislation tional promise and goal. A child is a child, re- forth before this body of Congress the names would allow parents sending their child to an gardless of what school system they are en- of individuals who have done so much for Col- elementary school up to $2,500 in tax relief, rolled. The children enrolled in Catholic, pri- orado communities. Joe Wagner has been an and parents with children in a Catholic or pa- vate, and rabbinical schools deserve nothing active civic, business, and religious leader and rochial high school could claim up to $3,500 in less than our full support and compassion. patron for Colorado. I would like to further ex- assistance. The benefits of my legislation are available tend my congratulations on the award and Parents who send their child to a Catholic to any child, no matter what their race, creed, thank him for all his efforts in improving his school already pay twice for their child’s edu- or national origin. And make no mistake: the fellow Coloradoan’s lives. Congratulations Joe, cation: once through their taxes, and a second public school system will continue to remain and good luck in your future endeavors. time for the tuition. These out-of-pocket ex- the backbone of our nation’s education sys- f penses can really add up and pose an enor- tem. But we must never forget that the public mous obstacle to the child’s lifetime learning school system was created to serve stu- IN HONOR OF JANET SARINGER opportunities. Without federal support, many dents—not the other way around. If a student parents struggle—and in some cases forgo— is performing poorly at a particular school, a HON. DENNIS J. KUCINICH a Catholic school education, or any education parent should have the opportunity to enroll OF OHIO in a spiritual setting, because the costs are so the child in another appropriate setting which IN THE HOUSE OF REPRESENTATIVES high. has a better chance to meet the child’s needs. Tuesday, February 5, 2002 In my own district in New Jersey, a parent I urge my colleagues to support the Edu- who feels Catholic schools are best suited for cation, Achievement, and Opportunity Act. Mr. KUCINICH. Mr. Speaker, I rise today to their child will pay somewhere between $1,840 f recognize a truly remarkable woman, one who and $2,566 in tuition costs. If you want to genuinely exemplifies what it means to be a send your child to a parochial high school in PAYING TRIBUTE TO JOE WAGNER respected civil servant and community activist. the central New Jersey area, a parent is look- Janet Saringer has dedicated her life to ing at an average tuition bill of $5,571 per stu- HON. SCOTT McINNIS public service and to the North Olmsted com- dent, per year. In other areas of the country, OF COLORADO munity. She has actively participated in public the costs are very similar. IN THE HOUSE OF REPRESENTATIVES service since 1971 when she was elected to Middle-class and lower-income families just city Council Ward 2. She has served as ward cannot—and should not have to—absorb Tuesday, February 5, 2002 Councilwoman, council member-at-large, and these kinds of costs without some help or rec- Mr. McINNIS. Mr. Speaker, I would like to president of council pr-tem. For the past 8 ognition from the government. America’s chil- take this opportunity to recognize an out- years she has served as President of the dren have unique educational needs and standing civic and economic leader from the Council chairing and serving on seven com- goals, and parents are the ones who are best State of Colorado. Joe Wagner of Denver, mittees of Council. She will be truly missed as qualified to decide what’s in their child’s best Colorado has been actively involved in improv- she begins her retirement after 25 years of de- interest. It just isn’t fair to deny a child the ing citizens lives through his many activities in voted service as Department Head of the Cuy- ability to pursue the educational program best the region. He is the founder and operator of ahoga County Recorders Office. suited to his/her needs simply because the one of the state’s most successful businesses, Janet has volunteered her time in the com- child’s parents do not have the resources to Wagner Equipment Co, and is a well known munity and touched the lives of many people afford the education program of their choice. activist and leader in many community activi- in the area. As a graduate of St. Augustine We have 59,000,000 youngsters in elemen- ties. As he celebrates his induction into the Academy, she has served as the alumnae as- tary and secondary school across the U.S.; Colorado Business Hall of Fame, I would like sociation president. She also acted as presi- about 10 percent of these students are en- to take this opportunity to highlight the many dent of the Greater Cleveland Suburban rolled in private, parochial and rabbinical achievements and incredible dedication that Council and the Stoneybrook Women’s Club. schools. Those families who are already send- have led to this extraordinary honor. She has been active on the North Olmsted ing their children to such schools, and others Joe founded Wagner Equipment Co., a Cat- Community Council as well as the North planning to send their children to them, would erpillar tractor dealer, in 1976 after gaining ex- Olmsted Democratic Club and the Cuyahoga benefit enormously from this proposal, be- perience as a senior manger for a similar op- County Democratic Executive Committee. Her cause they are often struggling to make ends eration in North Texas. His desire to begin a involvement has also benefited the Irish Amer- meet. business of his own led Joe to Colorado, ican community as a member of the West Importantly, my education proposal is a tax where his business today thrives after 25 Side IA Club, IPAC and the IACREOT. credit, rather than a voucher, so the total years of dedicated service to his community. Janet continues to live a fulfilling and active amount of education resources available for all As a result of this success, the company is life. Janet has been a committed wife who school age children will increase. Under a now the Caterpillar dealer for the state, enjoy- was recently widowed after 35 years of mar- voucher system, if a school loses enrolled stu- ing over 20 locations in Colorado and inter- riage to Robert N. Saringer, a Cleveland Po- dents to a competing school, that school may nationally in Mongolia and Siberia. Wagner lice Officer. She has also been a wonderful lose funding and have fewer resources avail- equipment employs over 900 workers who mother of five children, Jack, Debbie, Janet, able for their educational program. Under my serve customers in mining, agriculture, for- Bob and Bill. She is a grandmother to 12 chil- plan, that outcome is avoided, because it is a estry, power generation, construction, manu- dren and a great grandmother to three chil- ‘‘win-win’’ scenario, whereas voucher pro- facturing, and government, as well as sup- dren with one on the way. Janet is loved by

VerDate 112000 05:42 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.052 pfrm04 PsN: E05PT1 February 5, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E85 her family and the many lives in her commu- The statement calls this RSS plan ‘‘an effort PERSONAL EXPLANATION nity that she has touched. to polarize and communalize the tribal society’’ My fellow colleagues, please join me in hon- in these and several other states. This is a HON. XAVIER BECERRA oring Janet Saringer, an extraordinary woman well-established part of India’s ongoing cam- OF CALIFORNIA and devoted civil servant. paign to establish itself as the hegemonic IN THE HOUSE OF REPRESENTATIVES f power in South Asia. Given these activities, it is time to strike a Tuesday, February 5, 2002 TRIBUTE TO THOMAS B. ARCIERO blow for freedom by suspending all American Mr. BECERRA. Mr. Speaker, due to official aid to India until it respects all human rights business on Wednesday, January 23, 2002, HON. STEVE ISRAEL for all people and by supporting an internation- and Thursday, January 24, 2002, I was unable OF NEW YORK ally-monitored vote on independence for to cast my floor vote on rollcall numbers 1, 2, IN THE HOUSE OF REPRESENTATIVES Christian Nagaland, for Punjab, Khalistan, for 3, and 4. The votes I missed include rollcall Tuesday, February 5, 2002 Kashmir (which it promised in 1948), and for vote 1 on the Quorum Call of the House; roll- Mr. ISRAEL. Mr. Speaker, I rise today to all the other nations seeking their freedom. call vote 2 on Motion to Suspend the Rules recognize one of my constituent’s great serv- These are very moderate measures, Mr. and Agree to the Senate Amendment to H.R. ice to the United States of America. I ask for Speaker, but they are measures that can go a 700, to Reauthorize the Asian Elephant Con- the text of this letter to be put in the RECORD. long way to help promote real freedom and servation Act; rollcall vote 3 on Motion to Sus- Thomas B. Arciero joined the Suffolk County democracy in South Asia. pend the Rules and Pass, as Amended, H.R. Police Department on January 21, 1963. Upon I would like to place the recent statement 2234, the Tumacacori National Historical Park his graduation from the Police Academy, he from the All India Christian Council into the Boundary Revision Act; and rollcall vote 4 on was assigned to the First Precinct as Patrol- RECORD for the information of my colleagues. Passage of S. 1762, the Higher Education Act Amendments. man #653. In January of 1967, Patrolman [From the All India Christian Council, Jan. Arciero became Detective #322 and was as- 17, 2002] Had I been present for the votes, I would have voted ‘‘present’’ on rollcall vote 1, and signed to the First Squad. In October of 1967, SANGH PARIVAR ACTIONS COMMUNALISING ‘‘aye’’ on rollcall votes 2, 3, and 4. he returned to patrol, and shortly thereafter, ADIVASI AREA f was promoted to Sergeant #418 on January (The following is the text of the statement 5th, 1970 remaining in the First Precinct. He issued by Dr. Joseph D. Souza, President, COACH BILL BELISLE OF MOUNT was a Sergeant in the First Precinct for seven and Dr. John Dayal, Secretary General, of SAINT CHARLES ACADEMY years before being promoted to Lieutenant the All India Christian Council on recent where he remained in the First Precinct. moves by the Sangh Parivar to aggravate In 1987, Lieutenant Arciero was transferred the communal situation in the Adivasi tribal HON. PATRICK J. KENNEDY to the Marine Bureau. He was promoted to belt of North India.) OF RHODE ISLAND Captain on January 23d , 1989 and was trans- The All India Christian Council thanks IN THE HOUSE OF REPRESENTATIVES Madhya Pradesh Chief minister Digvijay ferred to Special Patrol Bureau as Executive Singh and his government for taking effec- Tuesday, February 5, 2002 Officer. After seven years, Thomas Arciero tive steps to reassure the small Christian Mr. KENNEDY of Rhode Island. Mr. Speak- was promoted to Deputy Inspector becoming community in the Adivasi-majority district er, I wish to insert into the CONGRESSIONAL the Commanding Office of the Special Patrol of Jhabua, which had seen much tension on Bureau. He remained there until his promotion the eve of the meeting organized today by RECORD letters that attest to the true spirit of to Inspector on February 23, of 2001 at which the Rashtriya Swayamsewak Sangh wing competition in addition to the sportsmanship of time he was transferred to the Chief of Patrol’s Seva Bharati. Mr. Bill Belisle of the Mount Saint Charles Office in Headquarters, the position he cur- The All India Christian Council deputed its Academy of Woonsocket, Rhode Island. As rently holds. As can be seen, Lieutenant Gujarat unit secretary and well-known these letters show, Mr. Belisle has had aston- Human rights activist Mr. Samson Christian Arciero is a man worth many praises and we ishing success as head coach of the Mount to Jhabua yesterday in solidarity with the Saint Charles Mounties, the school’s phe- will be sad to see him retire on February 19th Christians of the district, which was scene of 2002. Thank you for all of your hard work, nomenally successful hockey team. On Janu- the infamous mass rape of Catholic nuns ary 5th, 2002, Coach Belisle earned his 696th Thomas. I ask all of my colleagues to join in three years ago. A vicious Hindutva com- the acknowledgement of Thomas and his gen- munal rhetoric preceded the holding of the career victory, and set a new national high erous service to the state of New York and the Sangh meeting, targeting Christians in the school hockey record for all-time coaching vic- United States of America. region. Much of the social educational and tories. From his 24 consecutive state cham- Medicare work in the Madhya Pradesh Tribal pionships to the multitude of talented hockey f belt has been by Christian missions. players he has developed, Coach Belisle dem- MORE INDIAN REPRESSION OF The Council has repeatedly expressed its onstrates the fact that hard work, dedication TRIBAL AND CHRISTIAN MINORI- deep apprehension at the activities of the and commitment to a goal do pay off. I hope Sangh Parivar in the contiguous tribal areas TIES that, with this placement in the CONGRES- of Gujarat, Madhya Pradesh and Rajasthan. In recent months, more than 3.5 lakh SIONAL RECORD, my colleagues here in the HON. EDOLPHUS TOWNS trishuls machined as weapons and not as in- Congress can look to him as a model of the OF NEW YORK nocuous religious symbols, have been distrib- type of success that all Americans should as- IN THE HOUSE OF REPRESENTATIVES uted in the Rajasthan area. In Madhya pire to. Pradesh, the Sangh has announced the set- Tuesday, February 5, 2002 NATIONAL HOCKEY LEAGUE, ting up of 3.5 lakh Devals, or family temples. New York, NY, January 22, 2002. Mr. TOWNS. Mr. Speaker, I was disturbed These areas are already penetrated by Mr. BILL BELISLE, Hockey Coach, to learn of more Indian repression of its tribal Sangh’s Shishu mandirs manned by RSS cad- Mount St. Charles Academy, Logee Street, Christian minorities. According to a statement res. These schools follow a curricula and tex- Woonsocket, RI. issued by the All India Christian Council, the tual material, which is outside the pale of DEAR COACH BELISLE: I am writing to offer any academic and public scrutiny, blatantly Sangh Parivari, a wing of the pro-Fascist my most sincere congratulations on a re- rewrites history, and poisons young minds. markable achievement. Rashtriya Swayamsewak Sangh (RSS), the Taken together, these actions constitute a On January 5, 2002, you earned your 696th parent organization of the ruling BJP, has well thought out strategy to polarize and victory with the hockey team from Mount been distributing weapons to Hindu militants in communalise the tribal society in the state St. Charles Academy. The win over Toll Gate the tribal areas of Gujarat, Madhya Pradesh, of Madhya Pradesh and also in the states of High School set a national high school hock- and Rajasthan. Gujarat, Rajasthan, Orissa, Jharkand and ey record for all-time career coaching vic- In recent months, according to the state- Chhatisgarh to serve the political agenda of tories. It is even more impressive that you ment, it has distributed 350,000 trishuls to be the Sangh Parivar. The Adivasis have reached this milestone in only your 27th sea- used as weapons. It has set up new temples strongly objected to these efforts to oblit- son, while the previous record was set over a erate their culture and their identity. career which spanned 49 seasons. in Madhya Pradesh. In the Hindu schools, the The Council has called upon the govern- The National Hockey League is pleased to curriculum already rewrites history. The All ments of the concerned states, as also on the recognize accomplishments, which recently India Christian Council calls the curriculum Central government to ensure that this in- have been highlighted by stories in Parade ‘‘outside the pale of any academic and public sidious conspiracy against the Adivasi iden- Magazine and USA Today. The fact that scrutiny’’ and says it ‘‘poisons young minds.’’ tity is not allowed to succeed. your team has won 24 straight Rhode Island

VerDate 112000 05:42 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A05FE8.055 pfrm04 PsN: E05PT1 E86 CONGRESSIONAL RECORD — Extensions of Remarks February 5, 2002 Interscholastic League championships is a PAYING TRIBUTE TO KEVIN games in Super Bowl history—but it was also credit to your coaching abilities and a testa- DOWDELL a cause for celebration that spanned our na- ment to you as a motivator and role model. tion from coast to coast. Today the City of San Your record of winning 88 percent of all your Mateo and Peninsulans join fans in New Eng- games is a mark that any coach at any level HON. SCOTT McINNIS would love to emulate. OF COLORADO land in celebrating the Patriots’ victory. It is a IN THE HOUSE OF REPRESENTATIVES shared celebration because New England That six of your former players—Bryan Quarterback Tom Brady first showed signs of Berard, Brian Boucher, Garth Snow, Mathieu Tuesday, February 5, 2002 football greatness as the quarterback for Schneider, Keith Carney and Jeff Jillson— Mr. MCINNIS. Mr. Speaker, it is with pro- have skated this season in the NHL is a trib- Junipero Serra High School in his hometown ute to you and your program. All these play- found sadness that I pay tribute to New York of San Mateo in my congressional district. ers are outstanding individuals who obvi- City firefighter Kevin Dowdell who passed Mr. Speaker, Tom Brady was the youngest ously received great training. away on September 11, 2001. Kevin died trag- quarterback ever to lead a team to a Super Bowl victory and was also selected Most Valu- On behalf of the NHL, please accept my ically while carrying out the very acts of self- best wishes on this most impressive accom- lessness and bravery that were the hallmark able Player in the game. This was a fitting end plishment. I look forward to learning about of his life. As his family mourns this loss, I be- to a truly magnificent season for Tom Brady. what I am certain will be even more mile- lieve it is appropriate to remember Kevin and As a sixth round draft choice in the 2000 NFL stones ahead for you and the Mount St. pay tribute to him for his many contributions to draft, Tom started his second season as the Charles Academy program. his country. back-up quarterback, whose goal for the Sincerely, As a distinguished firefighter in the New 2001–2002 season was simply to become a GARY B. BETTMAN, York City Fire Department, Kevin dedicated better football player. Fate, however, had dif- Commissioner. his life to serving and protecting others, and ferent plans as he was thrust into the starting embodied the spirit of courage and bravery role during the third game of the season. The CONGRESS OF THE UNITED STATES, that has sustained this country during these newfound responsibility never fazed this calm HOUSE OF REPRESENTATIVES, times of tragedy and mourning. Not only was young man. He accepted his new role and led Washington, DC, January 22, 2002. Kevin one of New York’s bravest, but he was the Patriots from a 0–2 start to the season to Coach BILL BELISLE, also one of this country’s bravest. It is be- end with eleven wins in the regular season Mount St. Charles Academy, Logee Street, cause of men like Kevin Dowdell that all of us, and a trip to the playoffs. Woonsocket, RI. as Americans, can hold our heads high and During the playoffs, Tom faced and con- DEAR COACH BELISLE: Please accept my take comfort in the fact that we live in the quered a wide variety of adversities, from very best wishes on another amazing mile- greatest country on Earth, and among the snowballs to ankle sprains, he never wavered stone in your hockey coaching career at most courageous and extraordinary people on and refused to back down as he lead his team Mount St. Charles Academy. Earth. to the Super Bowl. Entering the game as When Congress returns to session tomor- Kevin’s mother, Gloria—a long-time resident heavy underdogs, Tom Brady played the row after our annual winter recess, I will of Colorado—remembers that Kevin had greatest game of his young career in the make certain that the rest of the nation is dreams of becoming a firefighter from the time same way he played throughout the regular also aware of your latest accomplishment. he was four years old. After realizing that life- season—calm, cool, and under control. After The Congressional Record will reflect the fact long dream, Kevin excelled as a firefighter, be- three quarters the Patriots lead 17–3, but then that on January 5, 2002, you earned your coming an expert in difficult rescues and gar- the Rams made a comeback and Tom Brady 696th career victory. This win by a score of 6– found himself on his own 17 yard line, facing 2 over Toll Gate High School at Thayer nering high praise from both his colleagues Arena in Warwick set a new national high and superiors alike. Not only was Kevin an ex- the daunting task of moving the ball sixty school hockey record for all-time career ceptional firefighter, but he was, perhaps more yards with 90 seconds left in the game, and coaching victories. importantly, an exceptional father, husband, his team with no time outs remaining. Mr. Speaker, many thought he should run It is even more incredible that you estab- brother and son. The selflessness that pro- lished this record in your 27th season at pelled him to a career as a firefighter was out the clock and move the game into over- Mount. The old record, held by Ed Burns at even more evident in his family life. He tire- time. Brady, a true competitor, walked onto Arlington High School in Massachusetts, was lessly gave his time, love and energy to each the field to begin a drive to win in the remain- set over a 49-year career. and every member of his family, taking them ing 90 seconds. As he said, ‘‘I was going out It is certainly impressive that you have led on tours through New York, playing in his to win the game.’’ And that is exactly what he the Mounties to 24 consecutive state cham- son’s band and organizing family vacations. did, as he threw pass after pass to march his pionships and that you have won 88 percent He is survived by his loving wife RoseEllen team into field range and set up his kicker to of all the games you have coached. But even and his two sons Patrick and James. win the game. Adam Vinatieri’s kick sailed more impressive to me is the caliber of first- Mr. Speaker, we are all terribly saddened by through the uprights just as time expired, and class individuals that have graduated from the loss of Kevin Dowdell, but take comfort in the Patriots were champions. A roar not only the Mount St. Charles’ program. the knowledge that our grief is overshadowed erupted from the stadium in New Orleans, but Dozens and dozens of your players have only by the legacy of courage, selflessness a similar outburst erupted from the house on earned full-tuition college scholarships to and love that Kevin left with all of us. His life Portola Drive in San Mateo, where friends and major academic institutions. While many is the very embodiment of all that makes this family of the Brady family had gathered to have gone on to play for the United States in country great, and I am deeply honored to be watch the game. the Olympic Games, or to play professionally able to bring the attention of this body of Con- Mr. Speaker, from his days of flag football in the National Hockey League and in Eu- on Portola Drive in San Mateo, to the fields at rope, even more have experienced successful gress to his life. It is in times of great tragedy careers off the ice. Their journey through and hardship that true heroes emerge, and I Serra High, to the University of Michigan, to adult life has been made smoother because of am proud to say Kevin Dowdell is a hero not the National Football League and being the great discipline and work ethic you have only to me, but to his family, his friends and named Most Valuable Player of Super Bowl taught them at an early age. The ‘‘Mount to this country. XXXVI, Tom Brady always played with con- Style’’ that you are so proud to instill in f fidence and charisma and found success at them has served these young men well in every level. It is obvious from watching Tom their careers well beyond their hockey-play- NATIVE SON OF SAN MATEO Brady play that he truly loves the game of ing days. SHINES IN SUPER BOWL football. He always smiles, and his enthusiasm Please accept my wishes for many more and confidence is infectious to his team. As victories both on and off the ice. I also wish HON. TOM LANTOS one of his wide receivers said, ‘‘You can’t say to extend congratulations to your wife OF CALIFORNIA enough about the kid. He has a tremendous Yvette, who has been your partner through amount of confidence, and it rubs off on ev- this whole Mount Dynasty; your son David, IN THE HOUSE OF REPRESENTATIVES eryone else.’’ who also doubles as your highly successful Tuesday, February 5, 2002 assistant coach; and the rest of the Belisle Mr. Speaker, I invite my colleagues to join family. Congratulations again! Mr. LANTOS. Mr. Speaker, the victory of the me in congratulating Tom Brady on an incred- Sincerely, New England Patriots in last night’s Super ible game and wishing him continued success. PATRICK J. KENNEDY, Bowl was not just an incredibly good football All of us from San Mateo and the Peninsula Member of Congress. game—one of the closest and most exciting are proud of our native son.

VerDate 112000 05:42 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A05FE8.061 pfrm04 PsN: E05PT1 February 5, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E87 COMMEMORATING THE 90TH One thing we all agree upon is the impor- reduce a major threat to our national security, ANNIVERSARY OF HADASSAH tant role that renewable and alternative but we will also strengthen our homeland de- sources of energy play in our national energy fense initiatives, by taking a threat out of the HON. LOIS CAPPS policy and debate. H.R. 4, which passed in the equation. OF CALIFORNIA House on August 2, 2001, contained provi- By establishing realistic goals, utilizing and IN THE HOUSE OF REPRESENTATIVES sions for alternative and renewable sources of harnessing the entrepreneurial and techno- Tuesday, February 5, 2002 energy. On December 5, 2001, the Senate logical spirit, drive, creativity and ingenuity of Energy Committee chairman introduced S. the American people in developing alternative Mrs. CAPPS. Mr. Speaker, today I rise to 1766, an omnibus energy bill that responds to and renewable sources of energy; we will also honor the 90th anniversary of one of Amer- H.R. 4, which also contains provisions for re- reduce the catastrophic effects that fossil fuel ica’s foremost organizations, Hadassah, the search and development funding for alter- has on our environment, thereby preserving Women’s Zionist Organization of America. native and renewable sources of energy. H.R. This organization has grown to become the our precious environment and our resources 4, drew much criticism as a result of its provi- for generations to come. largest women’s and Jewish membership or- sions allowing for oil exploration and drilling in ganization in the United States, comprised of Moreover, I believe that the Administration ANWR and for not adequately increasing the should continue to be engaged in the Kyoto over 300,000 individuals. Hadassah will begin CAFE Standards of light trucks and SUV’s. It negotiations process and we should continue to celebrate its 90th year on February 26, is imperative that our two legislative bodies to use our leadership and consensus building 2002. reconcile their differences, so that our nation to enter into an agreement that is both realistic Since its founding in 1912, Hassadah’s de- may have a comprehensive energy plan that and enforceable for our nation, and is ame- voted members have helped improve the lives makes sense for the American people. To- nable to its prospective signatories. of women and indeed, all of humanity. Fore- day’s meeting reemphasized the importance of most among these contributions is Hadassah’s renewable and alternative sources of energy Mr. Speaker, I urge our colleagues to make incredible contributions to health care in Israel. in our ever evolving and dynamic global com- alternative and renewable sources of energy a Their flagship project, the Hadassah Medical munity. national priority. By working with our col- Organization, provides health care of the high- I have long advocated renewable energy leagues throughout the world we can achieve est caliber to a myriad of individuals from and strongly believe that we can not continue our shared energy goals. throughout the Middle East, without racial, reli- to utilize fossil fuels at the rate of our con- gious or national prejudice, and also aids the sumption. It is only through research and de- f training of health care workers. In addition, velopment of renewable and alternative Hadassah’s humanitarian mission has long IN HONOR OF EDUCATORS IN sources of energy that our Nation can be free CLEVELAND made the organization a supporter of a peace- from its reliance on foreign sources of oil from ful and stable Middle East. nations that are hostile to our Nation, our Within the United States, Hadassah is an democratic system of government and our HON. DENNIS J. KUCINICH active player on a number of critical public pol- way of life. OF OHIO icy concerns. This includes a program for Mr. Speaker, when the price of crude oil breast cancer detection and awareness, Jew- trades at $38 a barrel, we hold hearings, send IN THE HOUSE OF REPRESENTATIVES ish family programs, and the encouragement letters to the President, the Secretary of En- Tuesday, February 5, 2002 of civic participation. Hadassah also places an ergy, the Secretary of Commerce and the Mr. KUCINICH. Mr. Speaker, I rise today in emphasis on education of both its members Secretary of State seeking their intervention honor of Cleveland teachers for today’s event: and the general public, especially in regard to with the OPEC nations to bring the price of oil Salute to Teachers—Celebrating Cleveland’s American-Israeli relations, separation of down. Congress threatens sanctions and Educators. church and state, and women’s health. passes resolutions condemning OPEC. Now I congratulate Hadassah on its commitment that the price of oil is low, and where we can Today’s event celebrating the efforts of to improving the lives of countless people in purchase a gallon of gasoline for less than Cleveland teachers originated from the work of the Middle East and here in America. The past $1.10, there is a tendency for all of us to be- Fox 8 photojournalist Herb Thomas and As- 90 years have demonstrated the need for or- come complacent and we fail to remember the sistant News Director Sonja Thompson who, ganizations such as Hadassah, and I wish its exorbitant price of gasoline. The fact is, that while working on special assignment on the members nothing but continued success in the the Organization of Petroleum Exporting issue 14 campaign, became familiar with the future. Countries (OPEC) is a cartel, and in a very work and efforts of Cleveland educators. Their f short period of time the price of imported discovery compelled them to hold this event to crude may spike, and for the most part there inform the public and recognize the many TRIPARTITE MEETING ON CLI- good works of Cleveland area teachers. MATE CHANGE AND RENEWABLE is very little that we can do when OPEC shuts Teachers are often a source of inspiration ENERGY off the spigot, but watch oil prices soar. We can not out pump OPEC and the only way to and success to many of us. Indeed, Cleveland HON. BENJAMIN A. GILMAN beat them at their own game is to develop a teachers have a most important responsibility robust ‘‘portfolio’’ of alternative and renewable of giving our children the educational tools OF NEW YORK needed to equip them to face any challenge in IN THE HOUSE OF REPRESENTATIVES sources of energy. There is an energy crisis confronting our Nation, and like cancer it is in their future lives. Being in contact with their Tuesday, February 5, 2002 temporary remission, waiting to rear its ugly students almost daily, a teacher’s influence Mr. GILMAN. Mr. Speaker, I recently partici- head when we think we have defeated it and goes beyond just textbook reading, writing and pated in the Tripartite Meeting on Climate when we least expect it. When that occurs it arithmetic. Teachers are, by virtue of their po- Change and Sustainable Energy, sponsored is at the expense of the hard working people sition, often charged with the responsibility of by GLOBE USA, the affiliate of Global Legisla- of our nation, impacting every sector of our caring and nurturing each student’s personal, tor’s Organization for a Balanced Environment economy. social and emotional development. They come (GLOBE), a voluntary non-partisan educational By incorporating renewable and alternative to develop strong interpersonal relationships association comprised of Senators and Rep- sources of energy such as wind, biomass, hy- with their students which often last well be- resentatives from our Congress that is dedi- dropower, geothermal, photovoltaic, fuel cells yond the elementary and secondary school cated to promoting a balanced and informed and the hybrid-vehicle technology, not just as years. Cleveland educators deserve high rec- policy regarding our environment. I applaud part of our national energy plan, but as part of ognition for their efforts in enriching the minds the work of our distinguished colleagues Rep- our national persona, we not only accomplish and hearts of many of our community’s chil- resentatives SHAYS, the chairman of GLOBE our goal of energy self-sufficiency, but we will dren. USA; JIM GREENWOOD, president of GLOBE also fulfill one of our national security prior- Mr. Speaker, please join me in honoring International; MARK UDALL, vice president of ities. Former CIA Director Woolsey asserts Cleveland educators who are touching the GLOBE International and co-chair, House Re- that our reliance on foreign oil is one of the lives of thousands of students. They have newable Energy and Efficiency Caucus, and top three national security threats to our na- given their time and dedication to the local all of our colleagues who attended and con- tion. By adopting a comprehensive program of community and have earned the respect of tributed to the informative sessions with our research and development in renewable and students, faculty, and the entire Cleveland colleagues from Canada, the UK, and the EU. alternative sources of energy, we not only will community.

VerDate 112000 05:42 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A05FE8.068 pfrm04 PsN: E05PT1 E88 CONGRESSIONAL RECORD — Extensions of Remarks February 5, 2002 INDIA MUST RELEASE SIKH massacre, and other incidents, where the evi- In the Joint Statement Presidents Bush and POLITICAL PRISONERS dence points strongly to the Indian govern- Nazarbayev adopted after their meeting, they ment. confirmed a ‘‘commitment to strengthen the HON. EDOLPHUS TOWNS If India cannot behave like a civilized, demo- long term strategic partnership and coopera- OF NEW YORK cratic nation, it does not deserve to be treated tion’’. I particularly welcome the Energy Part- IN THE HOUSE OF REPRESENTATIVES like one. We should stop American aid to India nership Declaration, which identified ‘‘a long- until the political prisoners are released and term energy partnership’’ as ‘‘one of the key Tuesday, February 5, 2002 the minorities can enjoy their full rights and lib- elements of the strategic interaction’’ between Mr. TOWNS. Mr. Speaker, many of my col- erties, and we should strongly urge India to Kazakhstan and the USA. I fully support those leagues are strong supporters of India. They hold a free and fair plebiscite in Kashmir, intentions, and I ask unanimous consent to put apparently believe India’s claim that it is ‘‘the Khalistan, Nagaland, and all the nations seek- the joint statement of these world leaders in world’s largest democracy.’’ But why does a ing their freedom. Remember that India prom- the CONGRESSIONAL RECORD. democracy have political prisoners? ised a plebiscite in Kashmir in 1948. I call on I believe that the decade of growing friend- According to a report last year by the Move- India to deliver on that promise. We should ship and cooperation, and particularly the ment Against State Repression (MASR), the work with them to bring this about. That is the strong support shown to us by Kazakhstan in Indian government admitted to holding 52,268 way that we can help secure the blessings of fighting terrorists, has proved Kazakhstan to Sikhs as political prisoners. Amnesty Inter- liberty for all the people of South Asia. be our true friend and worthy of all help we national has reported that tens of thousands of KAZAKHSTAN AND THE U.S.: A GROWING PARTNERSHIP IN can provide. other minorities are also being held as political NEED OF OUR SUPPORT Friends help friends. There are a number of prisoners. These prisoners are being held Mr. Speaker. The terror that struck our very real steps Congress must take: without charge or trial, illegally. Some of them country on September 11 brought anguish to First, we should work to graduate have been in illegal custody for many years, the hearts of all caring people. Events that fol- Kazakhstan from an outdated Jackson-Vanik despite the provisions of the law. Many of the lowed have focused the world’s attention on amendment to the Trade Act of 1974 and Sikh political prisoners have been in detention Central Asia and the war against the terrorists. grant Kazakhstan permanent normal trade re- since 1984. That’s 18 years, Mr. Speaker. Kazakhstan, the largest nation in that re- lations status. I welcome the U.S. administra- Eighteen years! How can a democratic state gion, has offered cooperation in every area of tion’s stated intention to work with Congress justify this? the war effort. Kazakhstan has stood with us, on this issue and I call on my colleagues to Now, all of us want good relations with India and we, as Americans, must join hands with support H.R. 1318 which I proudly cospon- and with all nations, as the President said in them, helping Kazakhstan and our other new sored. It will repeal Jackson-Vanik in relation his State of the Union speech. But we also allies in the area as they work to stabilize this to Kazakhstan. This step needs to be taken want to support the cause of freedom for all critical region. during the current session. It will provide a the people in the world. That is one of the ‘‘Kazakhstan plays a crucial role for the much-needed boost for the expansion of the main reasons we are fighting terrorism. We international community as a bulwark against U.S. trade ties with Kazakhstan and will di- should use our increasing ties to India to pres- regional instability and conflict,’’ President rectly benefit hundreds of American busi- sure them to release all their political pris- Bush said in a recent letter to President nesses there. I remind my fellow members of oners. As the bastion of democracy, it is our Nazarbayev of Kazakhstan. ‘‘America espe- Congress, and the American nation, that duty to speak up for these oppressed minority cially appreciates Kazakhstan’s strong support American investment in Kazakhstan over the people. in fighting the international scourge of ter- past decade totals 5 billion dollars. That Leading activists like Jaswant Singh Khalra, rorism,’’ the President added. makes the U.S. the largest single foreign in- former Jathedar Gurdev Singh Kaunke, and so As we are nearing the end of the military vestor in the country, and makes Kazakhstan many others have been killed by the Indian phase of the Afghan campaign and turning our the clear focus of American investment in government after being made to disappear. attention to rebuilding that country, Central Asia. Christians have suffered an ongoing wave of Kazakhstan, lying 200 miles to the north of Af- Second, Congress should consider ear- persecution, which many of us in this House ghanistan, can play a crucial role in the suc- marking assistance to Kazakhstan in the next have detailed repeatedly. It is time for the civ- cess of these efforts. There are many reasons year’s budget. The assistance should go to ilized world, under the leadership of the United for this: most important are Kazakhstan’s further solidifying Kazakhstan’s successes in States, to speak out strongly against this re- strong economic record, enormous potential, reforming its economy and society, as well as pression. But in addition, we must take pru- political stability and success in providing to strengthening its military and border protec- dent, peaceful, measured action to stop the equal opportunities for all of its 130 ethnic tion. This move will send a clear message to repression of these minorities. groups, and, last, but not least, its willingness the people of this important ally that the U.S. The Sikh leadership and the leadership of to participate fully in rehabilitation efforts in Af- is serious about its intentions to stand by the other minorities should nominate the polit- ghanistan. Kazakhstan’s largely Muslim com- Kazakhstan as they move to become the main ical prisoners for office as a way to help se- munity, although secular, has a special appre- driving force behind the development of Cen- cure their release. This would make it much ciation for the suffering and the hopes of the tral Asian stability and prosperity. more difficult for India to continue holding Afghan peoples. Already 25,000 tons of grain Mr. Speaker, we are truly committed to see- them. from the fertile lands of Kazakhstan have ing the whole of Central Asia develop into a I might note that India has also been a prac- reached the hungry in that war-torn region. truly stable and prosperous region. Only then titioner of terrorism. It created the Liberation More will be coming. will it cease to be a breeding ground for ter- Tigers of Tamil Eelam (LTTE), a Tamil militant For Kazakhstan to be able to realize its po- rorism and a source of threats to our home- group that our government designates as ‘‘ter- tential to help to the rebuilding of Afghanistan land and other peaceful nations. The time to rorist,’’ and harbored its leaders in the most el- and restore regional stability, the country act is now. egant hotel in Delhi. It has been reported that needs firm and long-term support from the JOINT STATEMENT BY PRESIDENT GEORGE W. the Indian Defense Minister has raised money United States. There are many reasons we BUSH AND PRESIDENT NURSULTAN and supplied arms for the LTTE. It has also should become more involved with this strate- NAZARBAYEV ON THE NEW KAZAKHSTAN- been reported that the Indian government gically important country. Not the least are the AMERICAN RELATIONSHIP sponsors terrorist activity in Sindh, a border vast oil reserves of Kazakhstan that could po- [The White House, December 21, 2001] province of Pakistan. As you know, Pakistan tentially rival those of Saudi Arabia and will We declare our commitment to strengthen has been a strong supporter of our efforts in help guarantee our future energy needs. the long-term, strategic partnership and co- the war on terrorism until India’s troop move- Kazakhstan’s cooperation in the war on ter- operation between our nations, seeking to ments forced them to divide their effort and rorism coupled with our energy concerns advance a shared vision of a peaceful, pros- pull troops off the Afghan border to counter an mean that now is the time for us to support perous and sovereign Kazakhstan in the 21st impending threat from India. Kazakhstan and their bright future. Century that is increasingly integrated into In addition, India paid the late governor of President Nazarbayev’s recent visit to the global economy and the community of democratic nations. To this end, we will ad- Punjab a lot of money to generate terrorism in Washington strengthened the Administration’s vance our cooperation on counterterrorism Punjab and Kashmir. Indian troops were recognition of the need to develop closer ties and non-proliferation, democratic political caught trying to set fire to a Sikh Gurdwara. with Kazakhstan. The Government in Astana and free-market economic reform, and mar- There are numerous other incidents, such as obviously wants closer ties, and America can ket-based investment and development of en- the Air India bombing, the Chithisinghpora only benefit from working more closely. ergy resources.

VerDate 112000 05:42 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A05FE8.068 pfrm04 PsN: E05PT1 February 5, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E89 These goals further reflect our recognition protect the rights of foreign investors and to organizations such as the Colorado Forum, that the threats of terrorism and prolifera- abide by decisions of courts, particularly of Women’s Foundation, and ensuring our tion of weapons of mass destruction endan- international courts of arbitration. younger generations are provided with a qual- ger the security not only of the United Recognizing that democracy is a corner- ity education as a trustee emeriti for Fountain States and Kazakhstan, but of the world at stone of long-term stability, we reaffirm our large. We therefore seek to develop our secu- desire to strengthen democratic institutions Valley School in Colorado Springs. She has rity cooperation to address these challenges and processes, such as independent media, been a true leader for Colorado and her ef- and foster cooperation among Kazakhstan, local government, pluralism, and free and forts certainly deserve the praise and adula- its Central Asian neighbors, the United fair elections. We also reiterate our mutual tion of this body of Congress, and this nation. States, and our European friends, partners, commitments to advance the rule of law and Congratulations on your recent honor Morley, and allies. In pursuit of these objectives, we promote freedom of religion and other uni- and good luck in your future endeavors. are determined to deepen cooperation bilat- versal human rights as promoted by the f erally and within NATO’s Partnership for United Nations and the Organization for Se- Peace. curity and Cooperation in Europe, of which NATIONAL LAMPOON ARTICLE We reiterate our intent to cooperate in the we are both members. Finally, we pledge to war against terrorism to its conclusion and enhance understanding between the citizens within the framework of the international of our two countries by promoting people-to- HON. FORTNEY PETE STARK coalition. We underscore our support for a people exchanges, initiatives of nongovern- OF CALIFORNIA broad-based Afghan government at peace in- mental organizations, and contacts between IN THE HOUSE OF REPRESENTATIVES ternally and with its neighbors. We also business people. Tuesday, February 5, 2002 pledge our readiness to cooperate in Afghani- stan’s reconstruction. f Mr. STARK. Mr. Speaker, I encourage my Recognizing that Kazakhstan was the first colleagues to take a moment to read the fol- PAYING TRIBUTE TO MORLEY country to renounce its nuclear-weapons sta- lowing article from the satirical website maga- BALLANTINE tus voluntarily, we reaffirm our mutual com- zine, National Lampoon Dotcom. Sometimes mitment to the non-proliferation of weapons irony is the most revealing truth. of mass destruction. Both sides agree on the HON. SCOTT McINNIS need for urgent attention to improving the [From the National Lampoon, Jan. 29, 2002] OF COLORADO physical protection and accounting of all nu- COMPANIES LINE UP TO HIRE ARTHUR clear, chemical, and biological weapons ma- IN THE HOUSE OF REPRESENTATIVES ANDERSEN terials in all possessor states, and to pre- Tuesday, February 5, 2002 NEW YORK—Accounting firm Arthur Ander- venting illicit trafficking in these materials. sen stunned observers when, in the wake of We pledge to expand our cooperation on Mr. McINNIS. Mr. Speaker, I would like to the Enron scandal, the red-faced auditors re- these matters under the United States- take this opportunity to pay tribute to Morley ported a huge leap in new business. Kazakhstan Cooperative Threat Reduction Ballantine and thank her for her contributions ‘‘We were worried that the allegations of Agreement. to the State of Colorado and the Durango signing off on fake partnerships, covering up In the spirit of partnership, Kazakhstan community. Morley will always be remembered millions in losses and shredding documents and the United States intend to strengthen as a dedicated pillar and leader of the commu- would tarnish our image,’’ stated Andersen CEO Joseph Berardino. ‘‘But it turns out joint activity in ensuring security and sta- nity. She has been honored and idolized bility in Central Asia. We agree that the ex- that a lot of companies have seen that we pansion of trade and economic ties among throughout the years for her hard work and here at Arthur Andersen are willing to go the states of Central Asia, and deepening of commitment to preserving the Southwestern the extra mile for their business.’’ regional integration in important areas, heritage and culture. As we celebrate her ex- Business experts agree. such as the environment, water resources, ceptional honor of being inducted into the Col- ‘‘There are a lot companies, particularly and transportation systems are a basis for orado Business Hall of Fame, I would like to on the NASDAQ, that could stand to have $600 million in bogus profits right now,’’ regional security. The United States will take the time to highlight her career and bring consider enhancing assistance programs to noted Mike Farnsworth, CEO of Temblor several of her accomplishments to the atten- Telecommunications. ‘‘It makes manage- Kazakhstan to strengthen border security tion of this body of Congress. and to increase the defensive capabilities of ment look good.’’ ‘‘Look, most of my compensation is based the Armed Forces of the Republic of Morley became a member of the community on options,’’ continued Farnsworth. ‘‘Why Kazakhstan. when she and her husband, Arthur, relocated would I hire an accounting firm that might We recognize that free market economies to Durango in 1952 and established a local insist on the spirit of the law, when I could and the rule of law provide the most effec- newspaper, the Durango Herald. Their pas- hire Arthur Andersen and cash out? Those tive means to advance the welfare of our sionate, lifelong pursuit of providing quality, guys are pros! When I saw that guy [David citizens and the stability of our societies. trustworthy news to Colorado citizens has Duncan] refuse to testify in front of Con- The United States and Kazakhstan pledge to been rewarded and praised throughout the re- gress, I knew that the boys at Andersen had advance our bilateral economic, trade, and gion for over fifty years. As the Durango Her- balls. There’s no ‘I’ in ‘Team’ with them.’’ investment relations, including through ex- The rest of the big 5 accounting firms have panded contacts between the business com- ald passes this recent milestone, it enjoys the ranking as one of Southern Colorado’s most taken note. munities of our countries. We will strive to ‘‘At KPMG, we’re not just a rubberstamp,’’ further develop an attractive, transparent influential news sources in the region. Morley, stated Global Chairman Stephen Butler. and predictable investment climate. Achiev- along with son Richard, have led the paper’s ‘‘We’re a respected rubberstamp.’’ ing this goal requires removal of legislative efforts to produce quality journalism and are Farnsworth is unmoved. ‘‘I’m going to and administrative barriers to investment, additionally responsible for several other suc- stand in front of all my employees this after- strengthening respect for contracts and the cessful outlets, notably the Mancos Times, the noon and tell them that there’s no better rule of law, reducing corruption, and enhanc- Cortez Journal, and local magazine Inside/ time to buy our stock, even though at the ing Kazakhstan’s strong record on economic same time, I’ll be dumping my shares faster reform. Outside. than I ditched my second wife. The only rea- We also intend to cooperate to advance In their quest to continue and promote our son I can do this is because I can rest-as- Kazakhstan’s integration in the global econ- Western roots, the Ballantines have dedicated sured that the $500 million of debt hidden in omy by supporting Kazakhstan’s accession their resources and energy to preserving our off-shore partnerships will be just between to the World Trade Organization on the basis historic cultures. Beginning in 1964, the family me and Arthur Andersen.’’ of standard and agreed criteria, and its grad- contributed $10,000 to fund the Center for ‘‘Every time they invoke the 5th Amend- uation from the Jackson-Vanik Amendment. Southwest Studies located at Ft. Lewis Col- ment, they prove they’re a name I can We affirm our desire to strengthen our en- trust,’’ finished Farnsworth. ergy partnership to diversify export options lege in Durango. The center is responsible for for Kazakhstan’s oil and gas and to diversify the collection and maintenance of artifacts, f global energy supplies. We share the view records, and accounts of Colorado history, PAYING TRIBUTE TO WILLIAM that a key element of this effort is develop- most notably the ancient Anasazi Indian cul- HERMAN FAIRBROTHER ment of multiple pipelines that will ensure ture. Their initial donation was just a prelude delivery of Caspian energy to world markets, to the enormous and generous donations of unfettered by monopolies or constrained by $500,000 over the last century. HON. MIKE ROGERS geographic chokepoints. We welcome the re- OF MICHIGAN Mr. Speaker, Morley Ballantine, as well as cent opening of the Caspian Pipeline Consor- IN THE HOUSE OF REPRESENTATIVES her family, have been model citizens and tium (CPC) Pipeline and underscore our sup- Tuesday, February 5, 2002 port for development of the Aktau-Baku- icons of the State of Colorado. Throughout her Tbilisi-Ceyhan oil export route on commer- life, Morley has dedicated her time and energy Mr. ROGERS of Michigan. Mr. Speaker, I cial terms. We will also work together to to improving her fellow citizen’s lives through rise to pay tribute to William Herman

VerDate 112000 05:42 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.072 pfrm04 PsN: E05PT1 E90 CONGRESSIONAL RECORD — Extensions of Remarks February 5, 2002 Fairbrother for his service to our country. Mr. 1956. The assignment was attendance at the lowed to keep the wife and kids and the Air Fairbrother served his country for forty-three RAF Flying College. The family thoroughly en- Force keeping the airplanes. His decorations years and did what he loved. joyed this short tour living in the small East and awards include the Legion of Merit, Distin- William Herman Fairbrother was born in En- Anglia town of Sutton-on-Sea, going to English guished Flying Cross with oak leaf cluster, Air dicott, New York, on March 28, 1923, the son Schools, learning the language, dealing with Medal with two oak leaf clusters and the Meri- of Lieutenant Herman and Caroline pounds, schillings and pence, and driving the torious Service Medal. He was a command Fairbrother. He grew up on a variety of Infan- left side of the road. Fair-B accumulated a re- pilot. try Posts, to include the Panama Canal Zone, spectable amount of time in British Aircraft to Fair-B and Patricia, hand in hand then re- and Manila, Philippine Islands. Bill entered the include the Gloster meteor, Hawker Hunter turned to Hawaii, their choice of all the places United States Military Academy at West Point and British Electric Canberra. In January 1957 they had tried throughout the years. They on a Congressional appointment from the 34th the family arrived in Rabat Morocco. The as- moved into an apartment on Waikiki beach District of New York. When he arrived at West signment here was Chief, Combat Operations and then took the time to read what there Point he knew the prepared sling, the hasty in the 316th Air Division. Further broadening wasn’t time for before, and work on the sling and had qualified with the 30-caliber and true sophistication took place during this projects that had long ago been put aside. water-cooled machine gun. This made it easy time. Not only was the Division partially Other activities during this eight-year idyll in- to shoot expert with the MI Garand plebe year. manned with French Air Force personnel but cluded working with the House Republican Academics, however, were something else. also, the family lived in a French villa and had Whip in the Hawaii State Legislature, activities With the help of ‘‘Sully’s Cram School’’ in an Arab houseboy. In addition, flights on mili- with the Retiree Affairs Council at Hickam and Washington, DC the previous year he did fairly tary aircraft, with family, up to the European work with the Oahu Chapter of the Air Force well in the first half year. But after that it was continent were allowed once a year. They took Association. 1982 found them in San Antonio, a continuing struggle to stay proficient. Be- full advantage of this privilege and managed Texas, and in 1987 they made their next-to- cause of many moves, High School had been to visit Spain, Portugal, Italy, France, Germany the-last PAC move into a cottage at Air Force rushed and spotty, and the four years of Acad- and Switzerland during their Moroccan stay. Village II. Fair-B served three years as a emy study being rushed into three because of The Division Fighter Squadrons were Trustee on the Board of the Air Force Village World War II made the task even harder. On equipped with F–86D and F–100 aircraft so Foundation, and over three years as a Direc- the other hand, flying, which was his first love Fair-B was able to keep his hand in. There tor on the Air Force Village 11 Board of Direc- went smoothly. Primary flight training in Texas were many trips to Wheelus Air Force Base in tors. and then Basic and Advanced at Stewart dur- Tripoli, Libya, where the squadrons when TDY He died at 6 am on January 27th at Air ing the three years went without problems. It for gunnery and rocketry training. Force Village II. He is survived by Patricia; was during the Plebe year that he picked up The three and a half years in North Africa daughters and sons-in-law Bonnie and Jerold the nickname ‘‘Fair-Bee’’ in keeping with the went by quickly, and the return to the US hap- Kreidler, Nancy and James Councilor and academy tradition to reduce the spoken word pened in June 1960 with attendance at the Air granddaughters Katherine and Patricia Coun- to its simplest form. War College. Following graduation from the cilor. Fair-B graduated with the class of 1944, the Air War College he spent a long five years in While it can be said he never single D-Day class, albeit rather far down the list. On the Pentagon, first on the Air Staff in War handedly moved the world around, he cer- the very next day, in the Cadet Chapel, he Plans and then as Executive Assistant in the tainly participated in many worthwhile events married his childhood sweetheart, Patricia Office of the Air Force Chief of Staff. One year that did. As a result those who knew him well Ross of Kenmore, New York and they lived with Curtis LeMay and one year with John can look back over his busy years and say, happily ever after. P–40 and P–47 training, to- McConnell provided rare and valuable staff ex- ‘‘Not too shabby, old son, not too shabby.’’ gether with those of the class selected for the perience. William H. Fairbrother lived his life accord- Fighter business, followed with time at many After the fast pace of the Washington area, ing to the Cadet Prayer spoken so many dec- different bases, as the Service endeavored to duty on the CINCPAC staff in Hawaii, starting ades ago. stuff as much military experience into the in 1966, seemed slow indeed. Here Fair-B O God, our Father, Though Searcher of class as they could before sending them over- served on the staff of the Commander in Human hearts, help us to draw near to Thee seas. Shortly thereafter it was Ie Shima Flying Chief, Pacific, at Camp Smith. Not only did in sincerity and truth. May our religion be filled P–47’s against the Japanese. After the war they take off for the weekends, but Wednes- with gladness and may our worship of Thee the unit moved over to Okinawa and Patricia day afternoons as well. The duty was good, be natural. joined him there in 1946. They, along with with many evaluation trips to the MAAG sup- many other pioneer souls set up house- ported countries in the Far East. This, together Strengthen and increase our admiration for keeping in a Quonset hut. Number one daugh- with quarters on Hickam, and the benevolent honest dealing and clean thinking, and suffer ter, Bonnie was born in Okinawa in 1947. In Hawaiian weather made for a delightful tour. not our hatred of hypocrisy and pretence ever December 1947, Fair-B brought the family Patricia stayed in Hawaii when Fair-B went to diminish. Encourage us in our endeavor to back to the US to Selfridge, Michigan. The to the Republic of Vietnam to join the 14th live above the common level of life. Make us duty was with the 56th Fighter Group flying F– Special Operations Wing. As Vice Commander to choose the harder right instead of the easi- 80’s and F–86’s, where he was squadron ad- and then Commander he was kept busy moni- er wrong, and never to be content with a half jutant and group adjutant. It was during this toring the varied activities of the Wing, which truth when the whole can be won. time, in 1948, that daughter number two, were performed from nine separate bases. Endow us with courage that is born of loy- Nancy, was born. In 1951 it was off to Min- The little command O–2 spent a lot of time alty to all that is noble and worthy, that scorns neapolis in the Air Defense Control Center touring the country. In addition to the clandes- to compromise with vice and injustice and business. There he was assigned as an air- tine operations, the Wing had the AC–47 and knows no fear when truth and right are in craft controller and control center chief with AC–119 gunships, the psychological warfare jeopardy. the 31st Air Division. Flying time was cadged business with O–2s and C–47s and the only Guard us against flippancy and irreverence from the local guard squadron, which was armed helicopter squadron in the Air Force, in the sacred things of life. Grant us new ties equipped with P–51s. Then in 1953 cold flying UH–1Ns. He served the Wing from Sep- of friendship and new opportunities of service. weather assignments continued, this time to tember 1969, to September 1970. Kindle our hearts in fellowship with those of a Rapid City, South Dakota and the 54th Fighter After Vietnam the next assignment as Dep- cheerful countenance, and soften our hearts Interceptor Squadron at Ellsworth Air Force uty Chief of Staff at Headquarters Air Force with sympathy for those who sorrow and suf- Base. This was probably the happiest assign- Logistics Command at Wright-Patterson Air fer. ment in his career, with over two years of the Force Base, Ohio with the job of DCS Dis- Help us to maintain the honor of the Corps time there being in command of the squadron. tribution. The assignment was not because of untarnished and unsullied and to show forth in Initially, the airplanes were P–51s, then F84Gs any logistics experience but mainly because our lives the ideals of West Point in doing our and finally F–86Ds. He had always said that the boss man wanted some operational talent duty to Thee and to our Country. next to being a Captain and Fighter Squadron on the staff. The job was fascinating and of All of which we ask in the name of the Flight commander, the position of Fighter enormous scope. Fair-B jumped in with his Great Friend and Master of all. Amen. Squadron Commander was the best job in the typical enthusiasm and his performance Therefore, Mr. Speaker, I respectfully ask Air Force. helped in getting him promoted to Brigadier my colleagues to join me in paying tribute to Exchange duty with the Royal Air Force at General on April 1, 1972. Separation from the Mr. William Herman Fairbrother. I salute his RAF Manby, England followed in June of Air Force came in 1974 with Fair-B being al- service to our country.

VerDate 112000 05:42 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\A05FE8.075 pfrm04 PsN: E05PT1 February 5, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E91 PERSONAL EXPLANATION gone before them to make this anniversary and contributions to light before this body of possible. Please join me in applauding these Congress. Charles began his career in jour- HON. JERRY WELLER young people, and in wishing the organizers nalism and later was instrumental in estab- OF ILLINOIS the best of luck in continuing to bring together lishing the gathering of the West’s most pre- IN THE HOUSE OF REPRESENTATIVES the sixth graders of Maryland and Connecticut. cious resource, water. Tuesday, February 5, 2002 f As a young newspaperman, Charles came to the town of Greeley, Colorado in hopes of Mr. WELLER. Mr. Speaker, on January 24, HONORING THE PUBLIC SERVICE furthering his career in journalism. His first job 2002, I inadvertently missed a vote because of COMMITMENT OF KAREN was working as a part-time reporter/editor for an electrical failure in my office which caused PAPASODORA-COCHRANE the Greeley Tribune, where he covered stories the buzzer system to malfunction. Had I been throughout the Western Slope of Colorado. present, I would have voted ‘‘aye’’ on this im- HON. J. RANDY FORBES Several years later, he bought several small portant legislation which amends the Higher OF VIRGINIA local newspapers and combined their re- Education Act of 1965 to establish fixed inter- IN THE HOUSE OF REPRESENTATIVES sources and created the ‘‘Greeley Repub- est rates for student and parent borrowers. Tuesday, February 5, 2002 lican.’’ He further merged his resources with f the Greeley Tribune in 1913 and successfully SIXTH GRADE ALL-STAR Mr. FORBES. Mr. Speaker, last week, the operated both endeavors as publisher and BASKETBALL EXCHANGE President in his state of the union address eventually as President of the ‘‘Greeley Trib- called upon all Americans to reveal the better une Republican Publishing Co.’’ side of their nature and to take time to con- Charles Hansen was a great cultural con- HON. CONSTANCE A. MORELLA tribute to their communities through a variety OF MARYLAND tributor to the region and was instrumental in of volunteer activities. I rise today to honor a bringing well known musicians and talent to IN THE HOUSE OF REPRESENTATIVES Chesapeake, Virginia woman who heeded that Tuesday, February 5, 2002 the area. He was responsible for establishing call long before it was made. the Greeley Philharmonic Orchestra, which en- Mrs. MORELLA. Mr. Speaker, I rise today in Karen Papasodora-Cochrane is an attorney ticed symphony orchestras from New York recognition of thirteen of my young constitu- and mediator, a loving wife and mother for and Los Angeles to visit the state, as well as ents, and in recognition of the organizers of four. But, she is also an active member of her bringing in notables such as the John Philip the Thirty-seventh Annual Potomac, Maryland/ community, volunteering her time, energy, and Sousa Marching Band. As a member of his Windsor Locks, Connecticut sixth Grade All- skills to a variety of causes. Since moving to community, he was active in the Greeley Star Basketball Exchange, which took place Chesapeake in 1989, Karen has volunteered Chamber of Commerce and dedicated his time this past weekend, February 1–3. to help her neighbors most in need of assist- and energy to the Northern Colorado Water For the past thirty-seven years, the best ance. She has offered her time raising money Conservancy Districts. It was for his dedication sixth grade basketball players from Potomac, for the Chesapeake Care Free Clinic, serving to bringing water to the plains from the moun- MD and Windsor Locks, CT have met to com- meals to the homeless, and working at the tains that Charles will be most remembered. Clothing Closet and Food Pantry at Kempsville pete and to forge friendships that span 300 As any Westerner knows, water is our most Presbyterian Church. Karen has also given of miles of Atlantic coastline. The exchange precious resource. The water in our state not her legal skills, providing pro bono services at began in 1965 when two gentlemen, an Alle- only satisfies our human requirements, but the Chesapeake Juvenile and Domestic Rela- gheny Airline pilot from Maryland and a Brad- also is necessary to provide moisture for our tions Court to help victims of domestic vio- ley Airport manager from Connecticut made a agricultural industries. Charles, well aware of lence and supervising a free legal clinic in a friendly bet on whose sixth grade basketball the need for this resource, lobbied Congress low-income community. team was better. Every year since, parents on behalf of the region and secured funding Furthermore, Karen has been an active par- and children from Potomac and Windsor for what came to be known as the Colorado- ticipant in the civic process that keeps our de- Locks have contributed memories to the his- Big Thompson Water Diversion Project. The mocracy moving at its most basic levels. She tory of the exchange. This year, the weekend project not only satisfied northern Colorado’s has been an active member and leader in the culminated in a Saturday night showdown at water needs but also became a model for as- Republican Party of Chesapeake and the Cen- the MCI center, here in Washington. I can piring agricultural communities throughout the tral Chesapeake Republican Women’s Club proudly announce to you that the game was world. His contributions to the project were for many years. Later this month, she will be won by the team from Potomac. The big later honored when a portion of the canal was honored by her colleagues for this commit- weekend followed a January trip to the Bas- named in his honor. ketball Hall of Fame in Springfield, Massachu- ment as Chesapeake’s Grassroots Volunteer Mr. Speaker, it is with great pride that I setts, where the boys got a chance to learn of the Year. I can hardly imagine anyone who have risen today to pay tribute to a patriarch about the history and development of the is more deserving of this award. of the State of Colorado. Charles Hansen game. We can all learn from her commitment and The Potomac team, coached by Rick dedication to the principle of public service. I dedicated his life to improving his fellow Colo- Brown, consisted of Jamie Bloom, A.J. Brown, am honored to know her and to have had the radan’s lives through contributions to his com- Brian Casey, Ben Chernow, Matt Grady, Mike privilege of working by her side for the better- munity, commitment to quality journalism, and Giannangeli, Ian Hendrie, Kyle Moshkin, Matt ment of the city I call home. Her energy has dedication to providing his region with its most Nunez, Brendan Oldham, Colter Phillips, Blake been an inspiration, and I feel privileged to precious resource. I would like to take this Toll, and Ezra Weisel. The Connecticut team have the opportunity to share her spirit with time to congratulate his family on Charles’ re- was coached by Mike Heneghan and Mike this chamber today. cent award and let them know that all his fel- low Coloradans have benefited from his vision Barile. The team’s players were Kevin Barile, f Spencer Bernard, Kyle Cirillo, Bryan Doherty, and sacrifice, which had made the region Jose Forbes, Ryan Gilbert, Kevin Landry, PAYING TRIBUTE TO CHARLES strong and viable today. Steve McVey, Geoff Oliveira, Tyler Pepin, Tim HANSEN Quagliarolli and Matt Wadsworth. f In these days when the term ‘‘National HON. SCOTT McINNIS AMERICAN MACHINIST Unity’’ seems to be heard on a daily basis, OF COLORADO MAGAZINE’S 125TH ANNIVERSARY these boys and their parents have bridged a IN THE HOUSE OF REPRESENTATIVES geographic gap and come together on the Tuesday, February 5, 2002 basketball court. While this tradition has been HON. DENNIS J. KUCINICH wonderful for each of its thirty-seven years, Mr. McINNIS. Mr. Speaker, I would like to OF OHIO this year it serves a special role in reminding take this opportunity to pay tribute to the life IN THE HOUSE OF REPRESENTATIVES us all that while our country is vast and di- and memory of Charles Hansen, a Colorado Tuesday, February 5, 2002 verse, we need not a national tragedy to bring newspaperman and visionary whose life and us together, but instead only a common inter- dedication to his community is being inducted Mr. KUCINICH. Mr. Speaker, I rise today in est. and honored by the Colorado Business Hall of recognition of American Machinist magazine’s I am proud of these athletic young constitu- Fame. Though Charles has passed away, I 125th Anniversary, the oldest metalworking ents, their parents, and all those who have am honored today to bring his good deeds publication in existence.

VerDate 112000 05:42 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.077 pfrm04 PsN: E05PT1 E92 CONGRESSIONAL RECORD — Extensions of Remarks February 5, 2002 Since 1877, American Machinist has been synonym for quality. ‘‘Vogue’’ magazine in THE CAREER OF ALLEN D. dedicated to informing readers about ad- 1953 described the store as ‘‘Texas with a FREEMYER vances in manufacturing technology. This pub- French accent.’’ One example of his marketing lication has evolved with the industry. Amer- prowess was the introduction of exotic his HON. JAMES V. HANSEN ican Machinist has documented the manufac- and-her gifts in 1960, which turned the arrival OF UTAH turing industry’s path from the worker to the of the Neiman Marcus Christmas catalog into IN THE HOUSE OF REPRESENTATIVES machine, and now to computers and robotics. a major news story each year. Today, Neiman Tuesday, February 5, 2002 This vital publication to the industry includes Marcus has 32 stores nationwide, from Hono- methods and practices of metalworking, cut- lulu to Boston. Mr. HANSEN. Mr. Speaker, I rise today Mr. ting, forming, tooling, robotics, quality control, While creating a retail empire was one of Chairman to honor and celebrate the career of plant operation, and finishing. Its technical his greatest achievements, Mr. Marcus con- one of my longtime staff members, Allen D. depth and cutting edge graphics to illustrate tributed to the lives of North Texans in other Freemyer. For nine years, Allen has faithfully and support each concept separate American ways. He published books, wrote articles for served me, the people of Utah and our coun- Machinist from all other metalworking publica- the ‘‘Dallas Morning News’’, lectured, and try as senior staff on the U.S. House of Rep- tions. founded the Stanley and Linda Marcus Foun- resentatives Committee on Resources. American Machinist is written to provide dation, which benefits endeavors of art and It is rare that a Member of Congress finds management amd engineers in the field of culture. He helped create the Dallas Opera an aide with the combination of intellect, talent metalworking with the most up to date techno- and helped save the Dallas Symphony when and commitment that Allen offers. logical information and insight into the future it experienced financial difficulties. He was an Allen served six years as staff director for of the industry . . . the intent of every issue art collector and connoisseur who defended the Parks and Public Lands Subcommittee— is to help readers to increase production, cut the right of the Dallas Museum of Art to dis- the largest and most active Resources sub- costs and to stay competitive in the global play controversial works. Even in his 90s, his committee. During those years, he shep- market. civic devotion never flagged. Stanley Marcus herded more than 500 bills through the sub- My fellow colleagues, American Machinist is a recipient of Dallas’s prestigious Linz committee, the full committee and the House. magazine deserves the highest respects for its Award, which is given for significant humani- Most are now law. In the 106th Congress role and dedication to advancing the manufac- tarian and civic efforts. alone, more than 100 Parks and Public Lands turing industry. Management within the indus- I have a special place in my heart for Stan- bills became law. His track record in the 104th try rely on this magazine to find the most up- ley Marcus. When I first ran for the Texas and 105th Congresses was equally as impres- to-date information on their industry. I com- House of Representatives in 1972, I was sive. With Allen’s assistance, Congress en- mend this long standing publication for its 125 working at the Veteran’s Hospital in Dallas. acted legislation that protects, preserves and years of work in the manufacturing industry. Under the Hatch Act, government employees enhances millions of acres of public land f could not seek elected office. Mr. Stanley pro- throughout our beautiful country. He accom- vided me a job and critical moral support dur- plished this while simultaneously defending TRIBUTE TO MR. STANLEY ing my campaign, and this opportunity gave the rights and interests of landowners and MARCUS me the political beginning that ultimately local communities, recreationists and sports- brought me to Congress. men. Many a battle has been waged in the HON. EDDIE BERNICE JOHNSON Mr. Speaker, when we think about Neiman Resources Committee in recent years. With OF TEXAS Marcus, we think about style, elegance, and a Allen’s guidance and political instinct we have joie de vivre. Mr. Marcus epitomized these IN THE HOUSE OF REPRESENTATIVES been able to protect our cherished way of life characteristics. His death on Tuesday, Janu- in the West. Tuesday, February 5, 2002 ary 22, at the age of 96 is a great loss for the This past year, he served as the Chief of Ms. EDDIE BERNICE JOHNSON of Texas. city of Dallas and the nation. Staff of the Committee on Resources. He or- Mr. Speaker, I rise to commemorate the pass- f ganized the Full Committee into the same leg- ing of a great American, Mr. Stanley Marcus. NEW ENGLAND PATRIOTS’ SUPER islative workhorse the subcommittee had During his lifetime, Mr. Marcus pioneered ad- BOWL WIN been. Under Allen’s guidance, the House Re- vances in the retail clothing market, helped sources Committee reported 61 bills, more make the Neiman Marcus department store a than almost any other House committee. Texas institution and made substantial con- HON. RONNIE SHOWS With Allen’s help, we were able to pass the tributions to the social and cultural life of North OF MISSISSIPPI mammoth 1996 Parks Omnibus Bill, which Texas. IN THE HOUSE OF REPRESENTATIVES created the Presidio Trust, an entirely new Mr. Marcus’s father, aunt and uncle founded Tuesday, February 5, 2002 concept in parks management; the Conces- Neiman Marcus in downtown Dallas in 1907. Mr. SHOWS. Mr. Speaker, I rise today in sions Policy Act of 1998 and The Securing Mr. Marcus graduated from Harvard University recognition of the New England Patriots’ out- America’s Future Energy Act of 2001. Each of in 1925 and received a master’s degree in standing Super Bowl victory this past Sunday. these bills has a profound and positive impact business administration from Harvard’s busi- It was undoubtedly one of the most exciting on the management of our nation’s parks, ness school a year later. Super Bowl triumphs in recent memory. public lands and resources. The energy bill, In 1926, at the age of 21, he took over as I commend the New England Patriots for the which codified President Bush’s energy policy, the company’s secretary, treasurer and direc- teamwork that enabled them to overcome the sailed through the House on a strong bipar- tor. He went on to become executive vice 17–17 tie score that held until the last seconds tisan vote despite the long odds and pre- president, president, chairman of the board, of the game. While the residents of New Eng- dictions of its demise that persisted through chief executive officer and chairman of the ex- land deservedly claim pride for their winning the eleventh hour. Allen’s veteran legislative ecutive committee. Mr. Marcus retired from the team’s feats, I am pleased that this team’s skills deserve considerable credit for this vic- company in 1975 with the title Chairman success was also born from true Southern tal- tory. Emeritus. ent. Indeed, we are all Patriots. His service has been unfaltering. His knowl- Stanley Marcus was part of the first genera- In Mississippi we are quite proud of the fine edge, expertise and manner has been exem- tion to celebrate and to sell designer fashion contributions to the New England Patriots from plary. This year, Allen and I are both moving in the United States. In the 1920s, Neiman Bobby Hamilton, of Columbia, who attended on to new challenges. Allen’s service and tal- Marcus was the first to offer personalized gift my alma mater, University of Southern Mis- ents have been very beneficial to me, the Re- wrapping for customers and created the first sissippi. I also wish to commend Grant Wil- sources Committee and the United States weekly retail fashion show in the country. liams, of Oak Grove and Clinton, Terrel Buck- Congress. Neiman Marcus became the first retail apparel ley of Pascagoula and Antowain Smith, former I will miss Allen’s wise counsel, legislative store outside New York to advertise in national student of E. Mississippi Community College. skill and political savvy. I wish Allen much suc- fashion magazines. These men are fine athletes and outstanding cess and happiness as he pursues new chal- His merchandising genius became leg- citizens and exemplify how to succeed through lenges. I am confident, the talent and tenacity endary. Stanley Marcus believed in elegance, dedicated teamwork. he has shown for his work for nearly a decade equating it with a keen understanding of ap- Mr. Speaker, please join me in paying trib- here on Capitol Hill, will assure his continued propriateness. He transformed a modest ute to the New England Patriots’ triumphant success. downtown Dallas shop into a world-renowned success on Super Bowl Sunday. Allen good luck and God bless.

VerDate 112000 05:42 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\CR\FM\A05FE8.081 pfrm04 PsN: E05PT1 February 5, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E93 HONORING THE RETIREMENT OF the families and children in the State of Mis- My fellow colleagues, please join me in con- PAMELA McCARTHY souri. All of these improvements grew out of gratulating the noble achievements of Mr. For- her desire to facilitate access to the services est Farley and his recent appointment as Med- HON. KAREN McCARTHY provided by the Department to families. ical Director of the Lexington, Kentucky V.A. OF MISSOURI Though Pam’s retirement on January 31 is Medical Center. IN THE HOUSE OF REPRESENTATIVES official, her service to providing adequate fam- f ily services is never ending. Many colleagues Tuesday, February 5, 2002 and friends do not believe Pam is retiring be- ACADEMY NOMINEES FOR 2002 Ms. MCCARTHY of Missouri. Mr. Speaker, I cause she has worked through her previous rise today to honor someone very dear to my retirements. And Pam’s dedication has proven HON. RODNEY P. FRELINGHUYSEN heart and very dear to the people of Missouri: them right again. Starting February 3, she will OF NEW JERSEY my sister Pamela G. McCarthy. After 34 years continue her work on behalf of children and IN THE HOUSE OF REPRESENTATIVES of dedicated public service, she retired from families in a part time capacity. Tuesday, February 5, 2002 the Missouri Department of Social Services on Mr. Speaker, please join me in congratu- January 31, 2002. lating my sister, Pamela G. McCarthy, on her Mr. FRELINGHUYSEN. Mr. Speaker, every Pamela has been a foot soldier in the evo- 34 outstanding years of service to the State of year, more high school seniors from the 11th lution of social policy in Missouri. She began Missouri. Many people speak about dedica- Congressional District trade in varsity jackets her service with the State of Missouri as a tion, but rarely do you find one like Pamela for Navy peacoats, Air Force flight suits, and Caseworker II on August 8, 1967 in the In- who lives it and breaths it everyday. She has Army brass buckles than any other district in come Maintenance unit of the Division of Fam- truly made our state a better place. the county. But this is nothing new—our area has repeatedly sent an above average propor- ily Services in the Jackson County office. At f this time the Department of Social Services tion of its sons and daughters to the Nation’s had not been established. The department did IN HONOR OF FOREST FARLEY military academies for decades. not become a reality until seven years after This shouldn’t come as a surprise. The edu- Pam began her fight for adequate social serv- HON. DENNIS J. KUCINICH cational excellence of our area is well known ices for Missouri’s most needy families. OF OHIO and has long been a magnet for families look- Throughout the following 34 years, Pam be- IN THE HOUSE OF REPRESENTATIVES ing for the best environment in which to raise came an expert in many areas serving as: their children. Our graduates are skilled not Caseworker Supervisor, Social Services Su- Tuesday, February 5, 2002 only in mathematics, science, and social stud- pervisor, Program Development Specialist, Mr. KUCINICH. Mr. Speaker, I rise today to ies, but also have solid backgrounds in sports, Planner, and Assistant Area Director. honor Mr. Forest Farley, who has been highly debate teams, and other extracurricular activi- Since its establishment in 1974, the Mis- committed to our nation’s veterans and has ties. This diverse upbringing makes military souri Department of Social Services has just been appointed Medical Center Director of academy recruiters sit up and take note—in- grown into a comprehensive department en- the Lexington, Kentucky V.A. Medical Center. deed, many recruiters know our towns and compassing five agencies that previously op- Mr. Farley came to Cleveland, Ohio in 1996 schools by name. erated social programs under separate admin- as the Associate Medical Center Director for Since the 1830’s, Members of Congress istrations. The efficient umbrella structure at the Cleveland V.A. Medical Center. In his have enjoyed meeting, talking with, and nomi- the organization’s core innovatively combines present role, Mr. Farley is the Chief Oper- nating these superb young people to our mili- the efforts of related agencies and promotes a ations Officer (COO) for the Louis Stokes tary academies. But how did this process cooperative approach toward delivering social Cleveland V.A. Medical Center where he is re- evolve? In 1843, when West Point was the programs to Missourians in need. With the ef- sponsible for directing and coordinating all op- sole academy, Congress ratified the nomi- forts of Pamela and her associates, the de- erations for the Wade Park and Brecksville Di- nating process and became directly involved partment has developed sound policy initia- visions. His dedicated service to Cleveland in the makeup of our military’s leadership. This tives that: provide assistance to children and veterans since 1996 has been greatly appre- was not an act of an imperial Congress bent their parents, help the elderly with in-home ciated. on controlling every aspect of the Govern- services and institutional services, aid troubled Forest Farley earned his Bachelor’s Degree ment. Rather, the procedure still used today youth and furnish health care for the poor. The in mass communications from the University, was, and is, one further check and balance in hallmark of these social services is the funda- of South Florida in Tampa, Florida, in 1984. our democracy. It was originally designed to mental goal of helping those in need reach He continued his education by completing weaken and divide political coloration in the their full potential, a life long dream of Pam- graduate studies at the University of Chicago, officer corps, provide geographical balance to ela’s. Chicago, Illinois and earned graduate certifi- our armed services, and to make the officer As a result of Pamela’s selfless leadership cates from the Harvard School of Public corps more resilient to unfettered nepotism the State of Missouri was able to implement Health of Harvard University, Wharton of the that handicapped European armies. many important and far reaching social policy University of Pennsylvania, and the University In 1854, Representative Gerritt Smith of programs that have positively impacted the of Illinois in Chicago. New York added a new component to the lives of Missouri’s working families. During her His great dedication to V.A. medical centers academy nomination process—the academy tenure with the Department of Social Services, stems from being a Vietnam Veteran himself. review board. This was the first time a Mem- Pam was an integral part of the implementa- During his military career with the United ber of Congress appointed prominent citizens tion and evaluation of the Title XX Children’s States Marine Corps, Mr. Farley was awarded from his district to screen applicants and as- Services Block grant for western Missouri. She three Purple Hearts. sist with the serious duty of nominating can- also established the Silver Citizen Discount Mr. Forest Farley began a career in Veteran didates for academy admission. Today, I am Program for the Division of Aging and devel- Affairs in 1981 at the St. Petersburg, Florida, honored to continue this wise tradition in my oped policy for the Division of Child Support Vietnam Veteran’s Outreach center. His hon- service to the 11th Congressional District. Enforcement. orable career has also included assignments The Academy Review Board is composed of In 1985, Pam left the Department of Family as Deputy Regional Manager of the Central nine local citizens who have shown exemplary Services central office in Jefferson City and Regional Adjustment Counseling Service at service to New Jersey, to their communities, became the Kansas City Assistant Area Direc- the Hines V.A. Medical Center, Acting Re- and to the continued excellence of education tor. Under her capable and devoted leader- gional Manager, Acting Director, Acting Asso- in our area—many are veterans. Though from ship, two new satellite offices were built, one ciate Director and Associate Director-Trainee diverse backgrounds and professions, they all in south Kansas City and one in Midtown. She at the Chicago West Side V.A. Medical Cen- share a common dedication to seeing that the also spearheaded the relocation of the East ter. Additionally, Mr. Farley has served the best qualified and motivated graduates attend Jackson county office and the remodeling of Vietnam Veteran’s Outreach Center in both our academies. And, as is true for most volun- the downtown Department of Family Services Tampa and St. Petersburg, Florida. teer panels, their service goes largely unno- office on two occasions. Pam’s ongoing efforts We in Ohio will greatly miss Mr. Farley’s de- ticed. to streamline the Family Services network was voted service to our veterans, but wish him I would like to take a moment to recognize demonstrated by her devotion to ensuring that the best in his future career in Lexington, Ken- these men and women and to thank them all offices had access to the latest techno- tucky. Mr. Farley is respected by many includ- publicly for participating in this important logical advancements in order to better serve ing his wife and five children. panel. Being on the board requires hard work

VerDate 112000 05:42 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.086 pfrm04 PsN: E05PT1 E94 CONGRESSIONAL RECORD — Extensions of Remarks February 5, 2002 and an objective mind. Members have the re- As these highly motivated and talented H.S., Scott A. Pontzer, Sparta, Pope John sponsibility of interviewing upwards of 50 out- young men and women go through the acad- XXIII H.S., William G. Rock, Caldwell, standing high school seniors every year in the emy nominating process, never let us forget James Caldwell H.S., Eric R. Dittman, the sacrifice they are preparing to make: to Hackettstown, United States Air Force academy review process. Academy. The nomination process follows a general defend our country and protect our citizens. MERCHANT MARINE timetable. High school seniors mail personal This holds especially true at a time when our information directly to the Military Academy, nation is currently fighting the war against ter- Edmond Grant, Chatham, Oratory Prep, rorism. Whether it be in Afghanistan as part of Mark A. Levis, Chatham, Chatham H.S., the Naval Academy, the Air Force Academy, Matthew J. Pulitano, Randolph, Morris and the Merchant Marine Academy once they ‘‘Operation Enduring Freedom’’, Bosnia, the Persian Gulf or in other hot spots around the Catholic H.S., Luke O. Saalfield, Basking become interested in attending. Information in- Ridge, Ridge H.S. world, no doubt we are constantly reminded cludes academic achievement, college entry MILITARY ACADEMY test scores, and other activities. At this time, that wars are fought by the young. And, while our military missions are both important and Lee W. Barnes, Mendham, Morris County they also inform their Representative of their College, Robert Brougham, Randolph, Berk- desire to be nominated. dangerous, it is reassuring to know that we continue to put America’s best and brightest in shire School, Christopher Cimorelli, Pompton Plains, Pequannock H.S., Geoffrey The academies then assess the applicants, command. rank them based on the data supplied, and re- Crater, Chatham, Chatham H.S., Philip And while a few people may question the Durkin, Sparta, Pope John XXIII H.S., Ed- turn the files to my office with their notations. motivations and ambitions of some young peo- In mid-December, our Academy Review Board ward Gibbons, Jr., Chatham, Chatham H.S., ple, the academy review process shows that Nicole Miller, Chester, West Morris interviews all of the applicants over the course the large majority of our graduates are just as Mendham H.S., Peter H. Newman, Kinnelon, of 2 days. They assess a student’s qualifica- highly motivated as the guidance from loving Kinnelon H.S., Lisa Torsiello, Morristown, tions and analyze character, desire to serve, parents, dedicated teachers and schools, and Morristown H.S., Todd Trautz, Long Valley, and other talents that may be hidden on from trusted clergy and rabbis. Indeed, every West Morris Central H.S. paper. time I visit a school, speak at a college, or NAVAL ACADEMY Last year, the board interviewed over 40 ap- meet a young academy nominee, I am con- Zachary Alpern, Morristown, Newark plicants. Nominations included 10 to the Naval stantly reminded that we as a nation are Academy, Benjamin DeWitt, Mendham, West Academy, 10 to the Military Academy, 5 to the blessed with fine young men and women. Morris Mendham H.S., David Faherty, Spar- Air Force Academy, and 4 to the Merchant Their willingness and desire to serve their ta, Pope John XXIII H.S., James Flannery, Marine Academy—the Coast Guard Academy country is perhaps the most persuasive evi- Jr., Bridgewater, Saint Joseph’s H.S., Mat- does not use the Congressional nomination dence of all. thew Gonabe, Lake Hopatcong, Pope John XXIII H.S., Robert Hayes, Chatham, Chat- process. The Board then forwards their rec- ACADEMY NOMINEES FOR 2002, 11TH CON- ham H.S., Katelyn McCormick, Stirling, ommendations to the academies by January GRESSIONAL DISTRICT, NEW JERSEY Morris Catholic H.S., Stanford Shaw III, 31, where recruiters review files and notify ap- AIR FORCE ACADEMY Basking Ridge, Ridge H.S., Ross Towers, plicants and my office of their final decisions Matthew C. Bloemer, Sparta, Sparta H.S., Stanhope, University of Pittsburgh, James on admission. Edwin Fairfield, Morristown, Morristown Wyatt, Randolph, Randolph H.S.

VerDate 112000 05:42 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 0626 Sfmt 0634 E:\CR\FM\A05FE8.088 pfrm04 PsN: E05PT1 Tuesday, February 5, 2002 Daily Digest Senate Smith (NH) Amendment No. 2733 (to the lan- Chamber Action guage proposed to be stricken by Amendment No. Routine Proceedings, pages S311–S381 2698), to prohibit a State from imposing a discrimi- Measures Introduced: Three bills and one resolu- natory tax on income earned within such State by tion were introduced, as follows: S. 1910–1912, and nonresidents of such State. Page S322 S. Res. 204. Page S348 Smith (NH) Amendment No. 2734 (to the lan- Adoption Tax Credit: Senate continued consider- guage proposed to be stricken by Amendment No. ation of H.R. 622, to amend the Internal Revenue 2698), to provide that tips received for certain serv- Code of 1986 to expand the adoption credit, taking ices shall not be subject to income or employment action on the following amendments proposed there- taxes. Pages S322–23 Smith (NH) Amendment No. 2735 (to the lan- to: Pages S322–35 Adopted: guage proposed to be stricken by Amendment No. Bunning/Inhofe Modified Amendment No. 2699 2698), to allow a deduction for real property taxes (to the language proposed to be stricken by Amend- whether or not the taxpayer itemizes other deduc- ment No. 2698), to provide that the exclusion from tions. Page S323 gross income for foster care payments shall also Sessions Amendment No. 2736 (to the language apply to payments by qualified placement agencies. proposed to be stricken by Amendment No. 2698), Pages S322–23 to amend the Internal Revenue Code of 1986 to pro- Pending: vide tax incentives for economic recovery and pro- Daschle/Baucus Amendment No. 2698, in the na- vide for the payment of emergency extended unem- ture of a substitute. Pages S322–35 ployment compensation. Page S323 Reid (for Baucus) Amendment No. 2721 (to Grassley (for McCain) Amendment No. 2700 (to Amendment No. 2698), to provide emergency agri- the language proposed to be stricken by Amendment culture assistance. Page S322 No. 2698), to amend the Internal Revenue Code of Hatch/Bennett Amendment No. 2724 (to the lan- 1986 to provide a special rule for members of the guage proposed to be stricken by Amendment No. uniformed services and Foreign Service in deter- 2698), to amend the Internal Revenue Code of 1986 mining the exclusion of gain from the sale of a prin- to allow the carryback of certain net operating losses cipal residence. Page S323 for 7 years. Page S322 Kyl Amendment No. 2758 (to the language pro- Domenici Amendment No. 2723 (to the language posed to be stricken by Amendment No. 2698), to proposed to be stricken by Amendment No. 2698), remove the sunset on the repeal of the estate tax. to provide for a payroll tax holiday. Page S322 Page S323 Allard/Hatch/Allen Amendment No. 2722 (to the Reid Modified Amendment No. 2764 (to Amend- language proposed to be stricken by Amendment ment No. 2698), to amend the Internal Revenue No. 2698), to amend the Internal Revenue Code of Code of 1986 to provide a refundable credit for rec- 1986 to permanently extend the research credit and reational travel, and to modify the business expense to increase the rates of the alternative incremental limits. Page S323 credit. Page S322 Reid (for Durbin) Amendment No. 2766 (to Smith (NH) Amendment No. 2732 (to the lan- Amendment No. 2698), to provide enhanced unem- guage proposed to be stricken by Amendment No. ployment compensation benefits. Page S323 2698), to provide a waiver of the early withdrawal Lincoln Amendment No. 2767 (to Amendment penalty for distributions from qualified retirement No. 2698), to delay until at lease June 30, 2002, plans to individuals called to active duty during the any changes in medicaid regulations that modify the national emergency declared by the President on medicaid upper payment limit for non-State Govern- September 14, 2001. Page S322 ment-owned or operated hospitals. Page S323 D52

VerDate 11-MAY-2000 05:58 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D05FE2.REC pfrm04 PsN: D05FE2 February 5, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D53 Thomas Amendment No. 2728 (to the language Roger Francisco Noriega, of Kansas, to be a Mem- proposed to be stricken by Amendment No. 2698), ber of the Board of Directors of the Inter-American to amend the Internal Revenue Code of 1986 to Foundation for a term expiring September 20, 2006. modify the qualified small issue bond provisions. Eugene Scalia, of Virginia, to be Solicitor for the Page S323 Department of Labor. Craig Amendment No. 2770 (to the language Daniel L. Cooper, of Pennsylvania, to be Under proposed to be stricken by Amendment No. 2698), Secretary for Benefits of the Department of Veterans to amend the Internal Revenue Code of 1986 to ex- Affairs for a term of four years. pand the availability of Archer medical savings ac- 1 Coast Guard nomination in the rank of admiral. Page S323 counts. A routine list in the Navy. Page S381 Grassley Amendment No. 2773 (to the language proposed to be stricken by Amendment No. 2698), Executive Communications: Page S348 to provide tax incentives for economic recovery and Additional Cosponsors: Pages S348–49 assistance to displaced workers. Page S323 Statements on Introduced Bills/Resolutions: Sessions (for Kyl) Amendment No. 2807 (to Pages S349–51 Amendment No. 2721), to remove the sunset on the repeal of the estate tax. Pages S323, S324–35 Additional Statements: Pages S343–47 Dorgan Amendment No. 2808 (to Amendment Amendments Submitted: Pages S351–80 No. 2764), to preserve the continued viability of the Notices of Hearings/Meetings: Page S380 United States travel industry. Pages S323–24 A unanimous-consent agreement was reached pro- Authority for Committees to Meet: Page S380 viding for further consideration of the bill at 11:30 Record Votes: One record vote was taken today. a.m., on Wednesday, February 6, 2002, with a vote (Total—12) Page S313 to occur on the motion to close further debate on Adjournment: Senate met at 10 a.m., and ad- Daschle/Baucus Amendment No. 2698 (listed journed at 6:26 p.m., until 10:30 a.m., on Wednes- above). Page S381 day, February 6, 2002. (For Senate’s program, see Messages From the President: Senate received the the remarks of the Acting Majority Leader in today’s following message from the President of the United Record on page S381). States: Transmitting, pursuant to law, the Economic Re- port of the President dated February 2002 with the Committee Meetings Annual Report of the Council of Economic Advisers for 2002; to the Joint Economic Committee. (Committees not listed did not meet) (PM–69) Pages S347–48 Nominations Confirmed: Senate confirmed the fol- FIREFIGHTING lowing nominations: Committee on Appropriations: Subcommittee on VA, By a unanimous vote of 93 yeas (Vote No. EX. HUD, and Independent Agencies held hearings to 12), Philip R. Martinez, of Texas, to be United examine firefighting issues, focusing on urban search States District Judge for the Western District of and rescue task forces response requirements, and Texas. Pages S312–314, S381 funding needs for firefighting training, equipment, Nominations Received: Senate received the fol- apparatus, communications, safety and health issues, lowing nominations: and staffing, receiving testimony from Stephen D. Guy F. Caruso, of Virginia, to be Administrator Paulsell, Boone County Fire Protection District/Mis- of the Energy Information Administration. souri Task Force 1, Columbia; Carlos P. Olaguer, Jose A. Fourquet, of New Jersey, to be a Member Baltimore City Fire Department, Baltimore, Mary- of the Board of Directors of the Inter-American land; Peter H. Morris, CNN, Chevy Chase, Mary- Foundation for a term expiring September 20, 2004. land, on behalf of the Bethesda-Chevy Chase Rescue Adolfo A. Franco, of Virginia, to be a Member of Squad; Philip C. Stittleburg, LaFarge, Wisconsin, on the Board of Directors of the Inter-American Foun- behalf of the National Volunteer Fire Council; Har- dation for the remainder of the term expiring Sep- old A. Schaitberger, International Association of Fire tember 20, 2002. Fighters, Washington, D.C.; and John M. Buckman Adolfo A. Franco, of Virginia, to be a Member of III, German Township Volunteer Fire Department, the Board of Directors of the Inter-American Foun- Evansville, Indiana, on behalf of the International dation for a term expiring September 20, 2008. (Re- Association of Fire Chiefs. appointment) Hearings recessed subject to call.

VerDate 11-MAY-2000 05:58 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D05FE2.REC pfrm04 PsN: D05FE2 D54 CONGRESSIONAL RECORD — DAILY DIGEST February 5, 2002 DEFENSE AUTHORIZATION agement training, after receiving testimony from Mi- Committee on Armed Services: Committee concluded chael P. Jackson, Deputy Secretary, John W. Magaw, hearings on proposed legislation authorizing funds Under Secretary, and Kenneth M. Mead, Inspector for fiscal year 2003 for the Department of Defense, General, all of the Department of Transportation. and the Future Years Defense Program, after receiv- BIOTERRORISM ing testimony from Donald H. Rumsfeld, Secretary, and Dov S. Zakheim, Under Secretary, (Comp- Committee on Commerce, Science, and Transportation: Sub- troller), both of the Department of Defense; and committee on Science, Technology, and Space con- General Richard B. Myers, USAF, Chairman, Joint cluded hearings to examine issues concerning bioter- Chiefs of Staff. rorism, focusing on harnessing American scientific and entrepreneurial expertise to develop effective de- BUSINESS MEETING fense capabilities to protect our forces and nation, Committee on Armed Services: Committee met with after receiving testimony from Anna Johnson- Members of the Canadian Senate Committee on Na- Winegar, Deputy Assistant Secretary to the Defense tional Security Defense. for Chemical and Biological Defense; Lisa A. Simp- FINANCIAL LITERACY son, Deputy Director, Agency for Healthcare Re- search and Quality, Department of Health and Committee on Banking, Housing, and Urban Affairs: Human Services; Richard Klausner, Special Advisor Committee held hearings to examine the need to im- for Counterterrorism, National Academy of Sciences; prove financial literacy and learning for American Georges C. Benjamin, Maryland Department of consumers, focusing on Federal efforts to increase fa- Health and Mental Hygiene, Baltimore; John G. Ed- miliarity with new technological and financial tools wards, Photonic Sensor, Atlanta, Georgia; Richard J. to promote economic prosperity, receiving testimony Hatchett, Memorial Hospital/Sloan-Kettering Cancer from Paul H. O’Neill, Secretary, and Sheila C. Bair, Center, New York, New York, on behalf of the Ci- Assistant Secretary for Financial Institutions, both of vilian Medical Reserve Working Group; Una Ryan, the Department of the Treasury; Alan Greenspan, AVANT Immunotherapeutics, Inc., Neeham, Massa- Chairman, Board of Governors of the Federal Reserve chusetts; and Bruno W. S. Sobral, Virginia Poly- System; and Harvey L. Pitt, Chairman, U.S. Securi- technic Institute and State University/Bioinformatics ties and Exchange Commission. Institute, Blacksburg. Hearings continue tomorrow. PRESIDENT’S BUDGET REQUEST 2003 BUDGET Committee on Finance: Committee concluded hearings Committee on the Budget: Committee held hearings on to examine certain revenue proposals within the the President’s proposed budget request for fiscal President’s proposed budget request for fiscal year year 2003, focusing on the cost of the recession, 2003, after receiving testimony from Paul O’Neill, homeland security, and economic stimulus, receiving Secretary of the Treasury. testimony from Mitchell E. Daniels, Jr., Director, Office of Management and Budget. FOREIGN AFFAIRS BUDGET Hearings continue tomorrow. Committee on Foreign Relations: Committee concluded BUSINESS MEETING hearings to examine United States foreign policy and Committee on Commerce, Science, and Transportation: the President’s proposed budget request for fiscal Committee met and approved the issuance of a sub- year 2003 for foreign affairs, after receiving testi- poena to compel testimony from Kenneth Lay, mony from Colin L. Powell, Secretary of State. former CEO and current board member of the Enron RETIREMENT INSECURITY/ENRON Corporation. COLLAPSE AVIATION AND TRANSPORTATION Committee on Governmental Affairs: Committee con- SECURITY ACT cluded hearings to examine the impact of the Enron Committee on Commerce, Science, and Transportation: Corporation collapse on the company’s 401(k) retire- Committee concluded hearings to examine the im- ment investors, after receiving testimony from Wil- plementation of the Aviation and Transportation Se- liam D. Miller, Jr., International Brotherhood of curity (TSA) Act (P.L. 107–71), focusing on the hir- Electrical Workers, Portland, Oregon; Catheryn ing of tens of thousands of new employees, addi- Graham, Hewitt Associates, The Woodlands, Texas; tional employee background screening tools, airport Cindy Olson and Mikie Rath, both of Enron Cor- security operations studies, test TSA deployment poration, Houston, Texas; Joseph P. Szathmary, techniques and technology, and begin senior man- Northern Trust Retirement Consulting, Atlanta,

VerDate 11-MAY-2000 05:58 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D05FE2.REC pfrm04 PsN: D05FE2 February 5, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D55 Georgia; Karen W. Ferguson, Pension Rights Cen- research, receiving testimony from Representatives ter, James A. Klein, American Benefits Council, Erik Weldon and Greenwood; Irving L. Weissman, Stan- Olsen, American Association of Retired Persons, and ford Medical School, on behalf of the National Acad- Stephen M. Saxon, Groom Law Group, on behalf of emies Panel on Scientific and Medical Aspects of the Society of Professional Administrators and Human Cloning, and Henry T. Greely, Stanford Record Keepers (SPARK Institute), all of Wash- University Center for Law and the Biosciences, on ington, D.C.; Susan J. Stabile, St. John’s University behalf of the California Advisory Committee on School of Law, New York, New York; and Deborah Human Cloning, both of Stanford, California; R. G. Perrotta, Kingwood, Texas. Alta Charo, University of Wisconsin Law School, Madison; and Kris Gulden, on behalf of the Coali- HUMAN CLONING tion of the Advancement of Medical Research, An- Committee on the Judiciary: Committee held hearings drew Kimbrell, International Center for Technology to examine issues surrounding scientific and medical Assessment, and Father Kevin T. FitzGerald, aspects of human reproductive cloning, including the Georgetown University Medical Center, all of Wash- protection of human subjects, and to clarify how ington, D.C. human reproductive cloning differs from stem cell Hearings recessed subject to call. h House of Representatives Budget of the United States Government: Mes- Chamber Action sage wherein he transmitted the Fiscal Year 2003 Measures Introduced: 14 public bills, H.R. Budget of the United States Government—referred 3673–3686; and 4 resolutions, H.J. Res. 82; H. to the Committee on Appropriations and ordered Con. Res. 312–314, were introduced. Pages H140–41 printed (H. Doc. 107–159); Page H114 Reports Filed: Reports were filed today as follows: National Emergency re Iraq: Message wherein he H. Res. 342, providing for consideration of mo- transmitted a 6-month periodic report on the Na- tions to suspend the rules (H. Rept. 107–356); and tional Emergency with respect to Iraq—referred to H. Res. 343, providing for consideration of H.R. the Committee on International Relations and or- 3394, to authorize funding for computer and net- dered printed (H. Doc. 107–179); and Page H121 work security research and development and research Fisheries off the Coast of the United States: fellowship programs (H. Rept. 107–357). Page H140 Message wherein he transmitted an agreement be- Speaker Pro Tempore: Read a letter from the tween the United States and the People’s Republic Speaker wherein he appointed Representative of China extending the agreement of June 24, 1985, Ballenger to act as Speaker pro tempore for today. concerning Fisheries off the Coasts of the United Page H111 States—referred to the Committee on Resources and ordered printed (H. Doc. 107–180). Page H121 Recess: The House recessed at 12:48 p.m. and re- convened at 2 p.m. Page H113 Recess: The House recessed at 3:12 p.m. and recon- vened at 6:30 p.m. Pages H121–22 Private Calendar: On the call of the Private Cal- endar, the House passed over without prejudice, Suspensions: The House agreed to suspend the rules H.R. 392, for the relief of Nancy B. Wilson. and pass the following measures: Page H113 Contribution Disclosure for Presidential Librar- Presidential Messages: Read the following mes- ies: H.R. 577, amended, to require any organization sages from the President: that is established for the purpose of raising funds for the creation of a Presidential archival depository Economic Report of the President: Message to disclose the sources and amounts of any funds wherein he transmitted the Economic Report of the raised (agreed to by a yea-and-nay vote of 392 yeas President together with the annual report of the to 3 nays, Roll No. 6); Pages H115–18, H122 Council of Economic Advisers—referred to the Joint Horatio King Post Office, Paris Hill, Maine: S. Economic committee and ordered printed (H. Doc. 970, to designate the facility of the United States 107–158); Page H115 Postal Service located at 39 Tremont Street, Paris

VerDate 11-MAY-2000 05:58 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D05FE2.REC pfrm04 PsN: D05FE2 D56 CONGRESSIONAL RECORD — DAILY DIGEST February 5, 2002 Hill, Maine, as the ‘‘Horatio King Post Office CYBER SECURITY RESEARCH AND Building’’ (agreed to by a yea-and-nay vote of 394 DEVELOPMENT ACT yeas with none voting ‘‘nay,’’ Roll No. 7)—clearing Committee on Rules: Granted, by voice vote, an open the measure for the President; and rule providing 1 hour of debate on H.R. 3394, Pages H119–20, H122–23 Cyber Security Research and Development Act. The Joseph E. Dini, Jr. Post Office, Yerington, Ne- rule waives clause 4(a) of rule XIII (requiring a vada: S. 737, to designate the facility of the United three-day layover of committee reports) against con- States Postal Service located at 811 South Main sideration of the bill. The rule authorizes the Chair- Street in Yerington, Nevada, as the ‘‘Joseph E. Dini, man of the Committee of the Whole to accord pri- Jr. Post Office’’—clearing the measure for the Presi- ority in recognition to Members who have pre-print- dent. Pages H120–21 ed their amendments in the Congressional Record. Suspension Proceedings Postponed—Technical Finally, the rule provides one motion to recommit Correction to Protect Olympic Trademarks: The with or without instructions. Testimony was heard House completed debate on the motion to suspend from Chairman Boehlert and Representatives Smith the rules and pass S. 1888, to amend title 18 of the of Michigan and Hastings of Florida. United States Code to correct a technical error in the MOTIONS TO SUSPEND RULES codification of title 36 of the United States Code. Committee on Rules: Granted, by voice vote, a resolu- Further proceedings were postponed until Wednes- tion providing that certain suspensions will be in day, Feb. 6. Pages H123–25 order at any time on the legislative day of Wednes- Amendment: Amendment ordered printed pursuant day, February 6, 2002. to the rule appears on page H142. ADMINISTRATION’S BUDGET PROPOSALS Quorum Calls—Votes: Two yea-and-nay votes de- veloped during the proceedings of the House today Committee on Ways and Means: Held a hearing on the and appear on pages H122 and H122–23. There Administration’s fiscal year 2003 Budget Proposals. were no quorum calls. Testimony was heard from Paul H. O’Neill, Sec- retary of the Treasury. Adjournment: The House met at 10 a.m. and ad- Hearings continue tomorrow. journed at 9:18 p.m. Joint Meetings Committee Meetings U.S. ECONOMY ADMINISTRATION’S BUDGET Joint Economic Committee: Committee concluded hear- ings to examine the economic report of the Presi- Committee on the Budget: Held a hearing on the Ad- dent, after receiving testimony from R. Glenn Hub- ministration’s Budget for Fiscal Year 2003. Testi- bard, Chairman, and Mark B. McClellan and Randall mony was heard from Mitchell E. Daniels, Jr., Di- S. Kroszner, both Members, all of the Council of rector, OMB. Economic Advisers. ENRON FINANCIAL COLLAPSE f Committee on Energy and Commerce: Subcommittee on COMMITTEE MEETINGS FOR WEDNESDAY, Oversight and Investigations began hearings on the FEBRUARY 6, 2002 Financial Collapse of Enron Corp. Testimony was (Committee meetings are open unless otherwise indicated) heard from William C. Powers, Jr., member, Board of Directors and Chairman, Special Investigation Senate Committee, Enron Corporation. Special Committee on Aging: with the Committee on Hearings continue February 7. Health, Education, Labor, and Pensions, Subcommittee on Aging, to hold joint hearings to examine women and ENRON COLLAPSE aging, focusing on long term care, 9:30 a.m., SD–106. Committee on Financial Services: Subcommittee on Cap- Committee on Banking, Housing, and Urban Affairs: to continue hearings to examine the state of financial lit- ital Markets, Insurance, and Government Sponsored eracy and education in America, 10 a.m., SD–538. Enterprises continued hearings on the Enron Col- Committee on the Budget: to hold hearings to examine the lapse. Testimony was heard from Joseph F. President’s proposed budget request for fiscal year 2003, Berardino, Chief Executive Officer, Arthur Andersen 10 a.m., SD–608. LLP. Committee on Energy and Natural Resources: to hold hear- Hearings continue February 14. ings on S. 1766, to provide for the energy security of the

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Nation, focusing on the effects of Subtitle B, amendments Committee on Energy and Commerce, to consider a resolu- to the Public Utility Holding Company Act on energy tion authorizing the issuance of subpoenas in connection markets and energy consumers, 9:30 a.m., SD–366. with the Committee’s investigation of the financial col- Committee on Finance: to hold hearings to examine the lapse of Enron Corp, and related matters; followed by a status of ongoing U.S. trade negotiations, 10 a.m., hearing on developments relating to Enron Corp., includ- SD–215. ing its relationship with Andersen LLP, 12:30 p.m., 345 Committee on Foreign Relations: to hold hearings to exam- Cannon. ine a new strategic framework, focusing on implications Committee on Financial Services, Subcommittee on Inter- for U.S. security, 10:15 a.m., SD–419. national Monetary Policy and Trade, hearing entitled Subcommittee on African Affairs, to hold hearings to ‘‘Argentina’s Economic Meltdown—Causes and Rem- examine U.S. policy options in Somalia, 2:30 p.m., edies,’’ 10 a.m., 2220 Rayburn. SD–419. Committee on Government Reform, hearing on ‘‘The His- Committee on Health, Education, Labor, and Pensions: Sub- tory of Congressional Access to Deliberative Justice De- committee on Aging, with the Special Committee on partment Documents,’’ 10 a.m., 2154 Rayburn. Aging, to hold joint hearings to examine women and Committee on International Relations, hearing on the Ad- aging, focusing on long term care, 9:30 a.m., SD–106. ministration’s International Affairs Budget Request for Select Committee on Intelligence: to hold hearings to exam- Fiscal Year 2003, 10:15 a.m., 2172 Rayburn. ine issues surrounding world threats, 10 a.m., SH–216. Committee on the Judiciary, hearing on H.R. 2341, Class Full Committee, to hold closed hearings to examine Action Fairness Act of 2001, 10 a.m., 2141 Rayburn. issues surrounding world threats, 2:30 p.m., SH–219. Subcommittee on Immigration and Claims, oversight Committee on the Judiciary: to hold hearings to examine hearing on ‘‘The Operations of the Executive Office for accountability issues surrounding the fall of Enron Cor- Immigration Review (EOIR),’’ 2 p.m., 2237 Rayburn. poration, 10 a.m., SD–226. Committee on Resources, oversight hearing on Indian Trust Fund Accounts: the Department of the Interior’s House Restructuring Proposal and the Impacts of the Court Committee on Appropriations, Subcommittee on Military Order Closing Access to the Department’s Computer Sys- Construction, on Quality of Life in the Military, 9:30 tem, 10 a.m., 1334 Longworth. a.m., and on Senior Enlisted from each Service, 2 p.m., Committee on Small Business, hearing on Small Business 2362A Rayburn. Access to Health Care, focusing on H.R. 1774, Small Subcommittee on Transportation, on the Transpor- Business Health Fairness Act of 2001, 10 a.m., 2360 tation Security Administration, 10 a.m., 2358 Rayburn. Rayburn. Committee on Armed Services, hearing on the fiscal year Committee on Transportation and Infrastructure, to consider 2003 National Defense Authorization budget request, 10 pending Committee business, 11 a.m., 2167 Rayburn. a.m., 2118 Rayburn. Committee on Ways and Means, to continue hearings on Committee on the Budget, hearing on the Department of the Administration’s fiscal year 2003 Budget Proposals, the Treasury Budget Priorities Fiscal Year 2003, 10 a.m., 10 a.m., and 2 p.m., 1100 Longworth. 210 Cannon. Permanent Select Committee on Intelligence, Subcommittee Committee on Education and the Workforce, hearing on on Human Intelligence, Analysis and Counterintelligence, ‘‘The Enron Collapse and Its Implications for Worker Re- executive, hearing on Warfare Support Effort, 3 p.m., tirement Security,’’ 10 a.m., 2175 Rayburn. H–405 Capitol.

VerDate 11-MAY-2000 05:58 Feb 06, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D05FE2.REC pfrm04 PsN: D05FE2 D58 CONGRESSIONAL RECORD — DAILY DIGEST February 5, 2002

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Wednesday, February 6 10 a.m., Wednesday, February 6

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of Suspensions: morning business (not to extend beyond 11:30 a.m.), Sen- 1. H. Con. Res. 312, expressing the sense of the House ate will continue consideration of H.R. 622, Adoption of Representatives that the tax relief provided for by the Tax Credit Act, with a vote on the motion to close fur- Economic Growth and Tax Relief Reconciliation Act of ther debate on Daschle/Baucus Amendment No. 2698. 2001 passed by a bipartisan majority in Congress should continue as scheduled; (2) H. J. Res. 82, recognizing the 91st birthday of Ronald Reagan; and (3) H. Res. 340, recognizing and honoring Jack Shea, Olympic gold medalist in speed skating. Consideration of a motion to go to conference on H.R. 2215, 21st Century Department of Justice Appropriations Authorization Act; and Briefing on the War on Terrorism for Members by Deputy Secretary of Defense Paul Wolfowitz, Deputy Sec- retary of State Richard Armitage, and Vice Chairman of the Joint Chiefs of Staff, General Peter Pace, USMC.

Extensions of Remarks, as inserted in this issue

HOUSE Hoeffel, Joseph M., Pa., E77 Pascrell, Bill, Jr., N.J., E71, E75, E78, E80 Horn, Stephen, Calif., E73 Portman, Rob, Ohio, E72, E75, E78 Baldwin, Tammy, Wisc., E82 Israel, Steve, N.Y., E81, E85 Rogers, Mike, Mich., E89 Barr, Bob, Ga., E77, E78, E80 Jackson-Lee, Sheila, Tex., E71 Schaffer, Bob, Colo., E76 Sherwood, Don, Pa., E80 Becerra, Xavier, Calif., E82, E85 Johnson, Eddie Bernice, Tex., E92 Shows, Ronnie, Miss., E92 Bereuter, Doug, Nebr., E83 Kaptur, Marcy, Ohio, E77 Simmons, Rob, Conn., E71 Burton, Dan, Ind., E79 Kennedy, Patrick J., R.I., E85 Smith, Christopher H., N.J., E74, E84 Cantor, Eric, Va., E77 Kucinich, Dennis J., Ohio, E81, E84, E87, E91, E93 Stark, Fortney Pete, Calif., E89 Capps, Lois, Calif., E87 Lantos, Tom, Calif., E86 Thompson, Bennie G., Miss., E78 Costello, Jerry F., Ill., E72, E75 Larson, John B., Conn., E77 Thompson, Mike, Calif., E72 Farr, Sam, Calif., E79 McCarthy, Karen, Mo., E93 Towns, Edolphus, N.Y., E81, E85, E88 Forbes, J. Randy, Va., E91 McInnis, Scott, Colo., E81, E82, E84, E86, E89, E91 Walden, Greg, Ore., E73 Frelinghuysen, Rodney P., N.J., E93 Meehan, Martin T., Mass., E83 Weller, Jerry, Ill., E91 Wilson, Heather, N.M., E73 Gilman, Benjamin A., N.Y., E87 Menendez, Robert, N.J., E71 Hansen, James V., Utah, E92 Morella, Constance A., Md., E91 Hinchey, Maurice D., N.Y., E71 Oxley, Michael G., Ohio, E82

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