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

Vol. 147 WASHINGTON, WEDNESDAY, NOVEMBER 7, 2001 No. 153 House of Representatives The House met at 10:00 a.m. and was THE JOURNAL Human Services, and Education, and related called to order by the Speaker pro tem- The SPEAKER pro tempore. The agencies for the fiscal year ending Sep- tember 30, 2002, and for other purposes. pore (Mr. SHAW). Chair has examined the Journal of the last day’s proceedings and announces The message also announced that the f to the House his approval thereof. Senate insists upon its amendment to Pursuant to clause 1, rule I, the Jour- the bill (H.R. 3061) ‘‘An Act making ap- DESIGNATION OF THE SPEAKER nal stands approved. propriations for the Departments of PRO TEMPORE Mr. GIBBONS. Mr. Speaker, pursuant Labor, Health and Human Services, The SPEAKER pro tempore laid be- to clause 1, rule I, I demand a vote on and Education, and related agencies for fore the House the following commu- agreeing to the Speaker’s approval of the fiscal year ending September 30, nication from the Speaker: the Journal. 2002, and for other purposes,’’ requests NOVEMBER 7, 2001. The SPEAKER pro tempore. The a conference with the House on the dis- I hereby appoint the Honorable E. CLAY question is on the Speaker’s approval agreeing votes of the two Houses there- SHAW, Jr. to act as Speaker pro tempore on of the Journal. on, and appoints Mr. HARKIN, Mr. HOL- this day. The question was taken; and the LINGS, Mr. INOUYE, Mr. REID, Mr. KOHL, J. DENNIS HASTERT, Speaker pro tempore announced that Mrs. MURRAY, Ms. LANDRIEU, Mr. BYRD, Speaker of the House of Representatives. the ayes appeared to have it. Mr. SPECTER, Mr. COCHRAN, Mr. GREGG, Mr. GIBBONS. Mr. Speaker, I object Mr. CRAIG, Mrs. HUTCHISON, Mr. STE- f to the vote on the ground that a VENS, and Mr. DEWINE, to be the con- quorum is not present and make the ferees on the part of the Senate. PRAYER point of order that a quorum is not f The Reverend Dr. John S. Reist, Jr., present. Professor of Christianity and Lit- The SPEAKER pro tempore. Pursu- EXTENDING A WELCOME TO THE erature, Hillsdale College, Hillsdale, ant to clause 8, rule XX, further pro- GUEST CHAPLAIN, THE REV- Michigan, and Pastor, Somerset Con- ceedings on this question will be post- EREND DR. JOHN S. REIST, JR. gregational Church, Somerset, Michi- poned. (Mr. SMITH of Michigan asked and gan, offered the following prayer: The point of no quorum is considered was given permission to address the Almighty God, our Heavenly Father, withdrawn. House for 1 minute.) we are grateful for the Members of this f Mr. SMITH of Michigan. Mr. Speak- House whom we have elected by Your PLEDGE OF ALLEGIANCE er, I rise to introduce our guest chap- Providence to do Your work. lain today, and we certainly welcome We ask that You give Your wisdom The SPEAKER pro tempore. Will the today’s distinguished guest chaplain, to this House as they consider and de- gentleman from New Jersey (Mr. my personal pastor, Reverend John bate. SMITH) come forward and lead the Reist, Junior. We request that You grant to them, House in the Pledge of Allegiance. Reverend Reist is a great American and through them, to us, the power to Mr. SMITH of New Jersey led the and a community leader. He has served choose the right and the will to do the Pledge of Allegiance as follows: as a veteran in the Armed Forces. He right, not only for us but for all man- I pledge allegiance to the Flag of the now combines his duty at the Somerset United States of America, and to the Repub- kind. lic for which it stands, one nation under God, Congregational Church with his work We pray that whether in this House indivisible, with liberty and justice for all. as a professor of Christianity and lit- or in far-off mountains and trenches or erature at Hillsdale College. He has f in the skies or the corridors of power, been recognized as teacher of the year, all of us might eventually and finally MESSAGE FROM THE SENATE served as academic dean and is now the rejoice that we in our time and in our A message from the Senate by Mr. executive director of the Michigan As- place will have made out of this Monahan, one of its clerks, announced sociation of Scholars. He holds a Ph.D. present challenging moment a memo- that the Senate has passed with an degree in English from the University rable passage toward Your coming amendment in which the concurrence of Chicago and has been widely pub- kingdom of righteousness and peace. of the House is requested, a bill of the lished. We pray this in the name of Jesus House of the following title: His warmth, his devotion, his humor Christ and for the sake of all human- H.R. 3061. An act making appropriations and understanding make him an out- ity. Amen. for the Departments of Labor, Health and standing counselor to his congregants

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.

H7855

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VerDate 06-NOV-2001 00:55 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.000 pfrm04 PsN: H07PT1 H7856 CONGRESSIONAL RECORD — HOUSE November 7, 2001 and his students. These qualities have and all the dedicated employees of the town and help revive the sagging econ- led to a doubling of our congregation in General Accounting Office who were re- omy. On the other hand, when they the 3 years since he came to our located or otherwise inconvenienced to come to the Nation’s Capitol, they find church. accommodate Members and their staffs it closed, locked and off limits. Reverend Reist is distinguished by while House office buildings underwent What kind of example are we setting his love for his family, his church and precautionary testing for anthrax. for America’s museum of democracy? his college, and his ability to motivate Those employees’ graciousness and Is ours a government of by and for the and cultivate those around him. I am patience demonstrated their teamwork people or a government that lives be- proud to welcome him here today as and the fact that their important work hind heavily guarded, closed doors? our guest chaplain. was uninterrupted when thousands, I When Americans come to Wash- ington, D.C., they get the same dreary f emphasize, Mr. Speaker, thousands of us descended on GAO headquarters, is a refrain at the White House, the FBI ANNOUNCEMENT BY THE SPEAKER tribute to their professionalism and to and the Supreme Court: Closed to the PRO TEMPORE their Americanism. It also reinforced public. When they come to the House of Representatives they find their Mem- The SPEAKER pro tempore. The our American ethic that, working to- ber of Congress can no longer provide a Chair will receive 15 one-minute gether, there is little that we cannot guided tour of the storied corridors, speeches on each side. do. Again, Mr. Speaker, on behalf of the the Capitol dome or the old Senate f entire House, I thank David Walker, all Chamber. Instead our visitors are sent SALUTE TO THE WORLD SERIES of the employees at GAO for their co- for 10 minutes to sit by themselves in PLAYERS, ARIZONA DIAMOND- operation, their graciousness and their the gallery. Mr. Speaker, there are those who say BACKS AND NEW YORK YANKEES facilitation of the business of America. we need a Capitol littered with jersey (Mr. HAYWORTH asked and was f barriers, ugly fences and awful planters given permission to address the House NATIONAL HISPANIC SCIENCE so we can feel safe in our fortress, but for 1 minute and to revise and extend NETWORK I say we should not let security con- his remarks.) (Ms. ROS-LEHTINEN asked and was cerns rob us of the freedom to partici- Mr. HAYWORTH. Mr. Speaker, there given permission to address the House pate in and petition the government. If is no doubt that this is a trying time in for 1 minute and to revise and extend terrorists can wander all the way to our history. Questions of great moment her remarks.) the Capitol without being discovered, confront this House, and yet precisely Ms. ROS-LEHTINEN. Mr. Speaker, I we really are in desperate straits. because this is a time of national need, am pleased to announce that the Na- Mr. Speaker, when will you give the it is entirely appropriate that we focus tional Hispanic Science Network on American people back their Nation’s likewise on our national pastime be- Drug Abuse is holding its first annual Capitol? cause the recently completed World Se- conference on Hispanic Drug Abuse Re- f ries offers to millions of Americans search this weekend here in Wash- more than just diversion and amuse- HUMAN CLONING ington, D.C. (Mr. SMITH of New Jersey asked and ment. It offers again reinforcement of The mission of the National Hispanic was given permission to address the the positive characteristics of team- Science Network is to foster bio- House for 1 minute and to revise and work and rising to the task when the medical research on drug abuse among chips are down. extend his remarks.) Hispanics and to facilitate its applica- Mr. SMITH of New Jersey. Mr. As one who is honored to represent tion to public health. the great State of Arizona, I come to Speaker, time is running out for us to This conference will share its find- stop mad scientists from cloning inno- this well today to salute the new world ings with prominent investigators af- champion Arizona Diamondbacks. cent human beings. filiated with the universities from Infamous fertility specialist Severino Randy Johnson, Curt Schilling, abso- across the Nation. Also in attendance lutely thrilling on the mound. Quite Antinori is working with a team of sci- will be representatives from national entists right now to clone humans. He rationally and reasonably co-Most Val- research policy organizations and rep- uable Players in the series. recently told the BBC radio, and I resentatives from the National Insti- quote, I think in 3 or 4 months we will I salute likewise the American tute on Drug Abuse. League Champions New York Yankees have the first pregnancy. Asked wheth- The National Hispanic Science Net- er he would have a cloned human being because it is a simple notion in sports, work is working toward reducing to be the best, you have to beat the by September 2002, he said, I hope and health disparities between Hispanics I believe. best, and that is what the and other populations. This group is Diamondbacks accomplished as a team. Columnist Charles Krauthammer is committed to involving Hispanic sci- one of the many calling on the Senate So we salute the D-backs as World entists in federally supported research Champs. We salute the Yankees, and to pass a human cloning ban. He re- through mentoring, training, net- cently said, and I quote, ‘‘Sanity and let us get back to work on behalf of the working and technical assistance op- American people. prudence combined to produce a great portunities. victory on July 31 when the House of f Please join me in congratulating the Representatives overwhelmingly de- National Hispanic Science Network on GAO EMPLOYEES EPITOMIZE feated—the margin was over 100 votes— Drug Abuse for its dedication in assist- PROFESSIONALISM the legalization of early human embry- ing Hispanics through research and onic cloning. But the fight is not over. (Mr. HOYER asked and was given education. The Senate needs to act as well.’’ permission to address the House for 1 f Our government, Mr. Speaker, can- minute.) FORTRESS AMERICA not sit idly by as unethical scientists Mr. HOYER. Mr. Speaker, I rise on play God and redefine what it means to behalf of all of the Members of the (Mr. FARR of California asked and be a human. We cannot allow this vio- House. It is not every day that Mem- was given permission to address the lation of human rights, this crime bers of the House and their staffs have House for 1 minute and to revise and against humanity, to take place on our to evacuate their congressional offices extend his remarks.) watch. due to an unseen but potentially lethal Mr. FARR of California. Mr. Speaker, We need a cloning ban and we need it health hazard. In fact, as all of us it is time for us to confront the double now. know, it was unprecedented. message we have sent the American f Today, on behalf of all of my col- people in the wake of the tragedy of leagues, I want to express my sincere September 11. AMERICA’S GREATEST PASTIME thanks to David Walker, the Comp- On one hand, we exhort Americans to (Mr. TRAFICANT asked and was troller General of the United States, travel, spend money, go out on the given permission to address the House

VerDate 06-NOV-2001 00:20 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.003 pfrm04 PsN: H07PT1 November 7, 2001 CONGRESSIONAL RECORD — HOUSE H7857 for 1 minute and to revise and extend have had on our travel and tourism in- State governments and local police his remarks.) dustry, which is vital to America and need the tools to fight and prosecute Mr. TRAFICANT. Mr. Speaker, base- to Rhode Island. these hate crimes. We must elevate the ball will eliminate two teams. Some Last year, this industry attracted status of hate crimes within Federal surprise. Tickets average 50 bucks. A over 15 million visitors and generated law to ensure that the punishment fits program is $10; popcorn, $5; parking, over $3.2 billion in Rhode Island and the seriousness of the crime. $20. A hot dog and a beer cost about $10 nearly $600 billion nationwide. It em- We must set an example for young to $12 at most stadiums. Beam me up. ploys 61,000 Rhode Islanders and more people that we do not tolerate hate; The umpire said, ‘‘Play ball,’’ not ‘‘mo- than 19 million people across the coun- that they are protected; and that they nopoly.’’ try. can feel safe and they will be secure. When a family of four needs a second The Travel America Now Act, spon- Now is the time to pass hate crime leg- mortgage to go see a baseball game in sored by my colleague, the gentleman islation. America, it does not take Dr. Ruth to from Arizona (Mr. SHADEGG), encour- f ages Americans to resume travel and explain to major league baseball what CONGRESS SHOULD BAN CLONING has gone wrong. I yield back what is provides targeted tax relief to busi- left of America’s great pastime after nesses and consumers. (Mr. PITTS asked and was given per- the greatest World Series perhaps in We reacted quickly to help the air- mission to address the House for 1 our history. lines. Now Congress must do the same minute and to revise and extend his re- for the millions of businesses and peo- marks.) f ple who are indirectly affected by the Mr. PITTS. Mr. Speaker, a month STIMULUS PACKAGE FOR attacks and are in equal need of assist- ago, a Dr. Zavos of Cyprus announced AMERICA ance. Not only will this bill strengthen that he expected to be able to create a the travel and tourism industry but cloned human being within 3 or 4 (Mr. SAM JOHNSON of Texas asked also the American spirit. months. That means 2 or 3 months and was given permission to address f from now. the House for 1 minute and to revise Mr. Speaker, cloning human beings is and extend his remarks.) SUPPORT TRADE PROMOTION wrong. Cloning human beings is im- Mr. SAM JOHNSON of Texas. Mr. AUTHORITY moral. Any scientist who intends to Speaker, over in the Senate, the major- (Mrs. BIGGERT asked and was given clone a human being should be stopped. ity leader said of our stimulus package permission to address the House for 1 The scientific community says so, the it is not a front-burner issue as other minute and to revise and extend her re- American people say so, and earlier legislation is, particularly government marks.) this year, the House of Representatives spending. Mrs. BIGGERT. Mr. Speaker, I rise said so. On behalf of the nearly 7.7 million today on behalf of the workers, farm- The few scientists who promote unemployed Americans, that is just ers, and entrepreneurs of my State cloning call it progress. Well, I want to plain wrong. These people know that whose families are supported by ex- remind my colleagues that years ago bills do not stop coming just because ports from Illinois. Together, they ex- Adolf Hitler employed the science of someone stops working. These people ported more than $32 billion in goods eugenics and also called it progress. need relief and they need it now. and services to some 208 foreign coun- The Nazis wanted to create a race of We need to give our economy a much- tries last year. German supermen, the way dog breed- needed boost. Giving people the kind of It is important to realize that these ers try to breed championship dogs. economic security with more money individuals not only are helping to That was wrong. It was stopped, and it will do just that. keep our State’s and Nation’s economy has not been tried again. The House-passed tax bill will give rolling, they are sharing America’s Now we have a few rogue scientists the average family of four approxi- best with the world. Numbering more trying to clone human beings. We can- mately 944 more dollars every year. than 400,000, these workers expect their not stop Dr. Zavos, only the Govern- That is nearly $1,000 to pay off credit, government to do everything in its ment of Cyprus can do that, but we can school, charity or save for retirement. power to protect their markets and stop the scientists in this country who That is a car payment, insurance and new opportunities. are trying to do the same thing. gas for a month. Unfortunately, America’s trade nego- The other body needs to bring this TOM DASCHLE was wrong. To the tiators lack the one essential tool, bill up for a vote before it is too late. 700,000 who filed for unemployment last trade promotion authority, or TPA, f month alone, economic security is a that they need to make the deals that front-burner issue. I urge the Senate eliminate barriers to trade and open ECOTERRORISM majority leader to think about the 7.7 doors to new marketplaces. (Mr. GIBBONS asked and was given million unemployed and make eco- Make no mistake, our foreign com- permission to address the House for 1 nomic security a front-burner issue. petitors have this authority and they minute and to revise and extend his re- f use it to their advantage. Of the more marks.) than 130 free trade agreements in force Mr. GIBBONS. Mr. Speaker, in spite b 1015 today, the U.S. is party to just three. If of the ongoing war that America is ANNOUNCEMENT BY THE SPEAKER this were the military, we would be waging against terrorism in Afghani- PRO TEMPORE charged as AWOL. stan, we continue to face ecological Mr. Speaker, we cannot let our ex- terrorist attacks right here at home. The SPEAKER pro tempore (Mr. porting companies and their workers Just last month, ecoterrorists used SHAW). Members are reminded they down. Let us pass H.R. 3005. timed fire bombs to attack and destroy should not mention the remarks of f a Federal facility near the California- Members of or quote from the other Nevada border in order to protest Fed- body. NOW IS THE TIME TO PASS HATE eral efforts to round up and control ex- f CRIME LEGISLATION cess wild horses. (Ms. WOOLSEY asked and was given Ecoterrorism, Mr. Speaker, continues SUPPORT TRAVEL AMERICA NOW permission to address the House for 1 to grow as Web sites teach disciples ACT minute and to revise and extend her re- how to manufacture and use these fire (Mr. LANGEVIN asked and was given marks.) bombs. These deadly terrorist attacks, permission to address the House for 1 Ms. WOOLSEY. Mr. Speaker, since like Ted Kaczynski’s, have already minute and to revise and extend his re- the tragedy of September 11, young killed or wounded American citizens marks.) children are being spit on, called and destroyed millions of dollars of Mr. LANGEVIN. Mr. Speaker, the names, harassed, and hurt because they public and private property. time has come to address the dev- are Muslim or they look like they Although the national media has vir- astating impact the terrorist attacks might be Muslim. tually ignored this issue, the American

VerDate 06-NOV-2001 00:49 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.007 pfrm04 PsN: H07PT1 H7858 CONGRESSIONAL RECORD — HOUSE November 7, 2001 people are forced to deal with its very are in a race with time. Our colleagues House passed a vote to ban human real consequences. We must prove by in the other body must bring this bill cloning in the United States. I urge my our actions that we know how to deal up for a vote as soon as possible. colleagues in the other body to follow with this deadly terrorism; and we We need to get this bill to the Presi- along and to vote to ban human must show that regardless of its dent’s desk before it is too late. cloning. We must respect life or risk reaching source, target, or motive, it will be f eliminated. a moral point of no return. As the President has said, we must CONGRESS SHOULD BAN CLONING f eliminate all terrorist cells at home (Mr. PENCE asked and was given per- HONOR FALLEN HEROES OF NEW and abroad by exposing them and those mission to address the House for 1 YORK who harbor and support them until our minute and to revise and extend his re- Nation is rid of this growing evil. (Mr. NETHERCUTT asked and was marks.) given permission to address the House f Mr. PENCE. Mr. Speaker, after dec- for 1 minute and to revise and extend TRADE PROMOTION AUTHORITY ades of Christian education and reli- his remarks.) gious study, there are two things that (Mr. KNOLLENBERG asked and was Mr. NETHERCUTT. Mr. Speaker, on I know for sure: number one, there is a November 18, 2001, firefighters from given permission to address the House God; and number two, I am not Him. for 1 minute and to revise and extend around the world will gather in New The entire debate over human cloning York City to honor the memories of his remarks.) flies in the face of these two great Mr. KNOLLENBERG. Mr. Speaker, the 344 emergency service personnel truths. who lost their lives on September 11. leadership is only proven through ac- Many Americans learned, after this tion. And time after time in its his- I am proud to note that my home- institution banned human cloning ear- town of Spokane, Washington, will be tory, the United States has proven lier this year, that we are truly close represented by more than 50 fire- itself a leader. But as we lead the world to this moral horror, a horror that uses fighters who will pay their own way to in an effort to eradicate terrorism, we bad science, science that went through stand with their brethren at this me- risk advocating our position of leader- 277 deeply mutilated animals before morial service. To put New York’s loss ship in an area that is just as vital to Dolly the sheep was conceived and in perspective, the city lost as many America’s well-being: international birthed successfully. firefighters in a day as Spokane has in trade. Or spelled another way: jobs. It is unthinkable that we would not its entire department. National security and economic secu- act on this House’s call to ban human As we honor those who have passed, rity are not mutually exclusively. With cloning; that we would not respond to we may also look to those who have more than 130 preferential trade agree- the President’s thoughtful message to survived. We in the House unanimously ments in the world today, shockingly, the world in August that we must passed a Victims Tax Relief Act, the shockingly, the United States is a think deeply, we must legislate HEROS Act, which provides relief from party to only three. thoughtfully along the fault lines of re- Federal education loans to surviving This disparity has real consequences ligion, morality, and technology. families, and legislation expediting for us at home. American workers, I urge our colleagues in the other Federal payments to the survivors of manufacturers, and producers are los- body to move and to move now on ban- public safety officers. We should also ing markets for their products and in- ning human cloning in the United honor the fallen heroes of New York by come for their families. For their sake, States of America. strengthening our public safety pro- we must take action to turn this f grams. around. As a member of the Congressional Fortunately, Congress does have a ANNOUNCEMENT BY THE SPEAKER Fire Services Caucus, which has done chance to pick up the mantle of leader- PRO TEMPORE so much to educate Members on these ship once again by passing trade pro- The SPEAKER pro tempore. Mem- issues, I support legislation introduced motion authority. I urge all my col- by the gentleman from Delaware (Mr. leagues to join me in supporting Amer- bers are instructed not to urge action through the other body. CASTLE) which would allow Good Sa- ica’s leadership role in the world by maritans to donate equipment to fire supporting TPA. f departments. f BAN HUMAN CLONING Federal resources are also important. CONGRESS SHOULD BAN CLONING Last year, we provided $100 million in (Mr. RYUN of Kansas asked and was grant equipment, and I support addi- (Mr. LARGENT asked and was given given permission to address the House tional funding this year. I commend permission to address the House for 1 for 1 minute and to revise and extend the service of firefighters and am proud minute and to revise and extend his re- his remarks.) to acknowledge the efforts of those marks.) Mr. RYUN of Kansas. Mr. Speaker, serving the Spokane community and Mr. LARGENT. Mr. Speaker, science we stand at the threshold of discovery. all of eastern Washington. is a wonderful thing. Who would have However, there is a line that science thought a couple of generations ago must not cross. f that a man would go to the Moon, or Human cloning threatens the phys- SUPPORT ECONOMIC STIMULUS we would have a vaccine for polio. The ical identity of people, it violates their PACKAGE work our scientists do in labs have rights, and it demeans their unique in- (Mr. HAYES asked and was given brought great things into the world. dividuality. In fact, even most sci- permission to address the House for 1 But we have also learned that just be- entists admit that most attempts to minute and to revise and extend his re- cause something is possible does not clone would end in failure. By allowing marks.) mean we should do it. Science has to be this practice, we are condoning mass Mr. HAYES. Mr. Speaker, last week governed by morality. creation and the destruction of human we passed an economic stimulus bill to The cloning of human beings is a case life. bolster our economy and stop the hem- in point. Just because we can clone a The truth is, we do not know what all orrhaging of jobs that is going on human being, does not mean we should. the consequences of cloning a person around our Nation. Thousands of resi- Experimenting with human life is really are. But we do know that dents of North Carolina’s eighth dis- wrong. Cloning human lives, whether cloning raises serious ethical and trict have lost their jobs, especially in for experiments or reproduction, is a moral questions. The excuse of advanc- textiles and other manufacturing line we simply should not cross. ing science is not really worth the risk plants. Earlier this year, the House voted in this case. Given the current state of the econ- overwhelmingly to make it illegal; but Time is of the essence. Scientists say omy, one would think passing this leg- until the other body brings it up for a that cloned human babies could be islation would be one of the top prior- vote, that ban cannot become law. We born next year. Earlier this year, the ities of Congress. But, Mr. Speaker, we

VerDate 06-NOV-2001 00:49 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.011 pfrm04 PsN: H07PT1 November 7, 2001 CONGRESSIONAL RECORD — HOUSE H7859 read that the Senate majority leader chronic diseases of rural areas will become fo- The Chair will reduce to 5 minutes thinks that a bill to save jobs is not a cused in new ‘‘mega-cities’’ of 10–20 million the time for the second electronic vote front-burner issue. people, creating an even greater strain on nat- in this series. b 1030 ural resources, human health, economic well- being—and the stability—of these nations and f Needless to say, we have different the entire world. RADIO FREE AFGHANISTAN ACT priorities. Getting Americans back to This dangerous trend has not gone unno- OF 2001 work and creating more jobs is a front- ticed. In its Outlook 2015 Report, the CIA burner issue with me, and I hope it is a ranked rapid urbanization as one of its top The SPEAKER pro tempore. The un- front-burner issue with a majority of seven security concerns. ‘‘The explosive finished business is the question of sus- Members of Congress. It is imperative growth of cities in the developing countries,’’ pending the rules and passing the bill, that we act now so the President can the report concludes, ‘‘will test the capacity of H.R. 2998, as amended. sign this bill and we can get our econ- governments to stimulate the investment re- The Clerk read the title of the bill. omy moving forward once again. quired to generate jobs, and provide the serv- The SPEAKER pro tempore. The f ices, infrastructure, and social supports nec- question is on the motion offered by APPOINTMENT OF CONFEREES ON essary to sustain livable and stable environ- the gentleman from California (Mr. H.R. 2506, FOREIGN OPERATIONS, ments. Cities will be sources of crime and in- ROYCE) that the House suspend the EXPORT FINANCING, AND RE- stability as ethnic and religious differences ex- rules and pass the bill, H.R. 2998, as LATED PROGRAMS APPROPRIA- acerbate the competition for ever scarcer jobs amended, on which the yeas and nays TIONS ACT, 2002 and resources.’’ are ordered. Foreign assistance programs are critically The vote was taken by electronic de- Mr. KOLBE. Mr. Speaker, I ask unan- important if cities in developing nations are to vice, and there were—yeas 405, nays 2, imous consent to take from the Speak- meet the demands of their rapidly growing not voting 25, as follows: er’s table the bill (H.R. 2506) making populations. We need to help them build the [Roll No. 429] appropriations for foreign operations, capacity to provide basic infrastructure needs, YEAS—405 export financing and related programs promote economic growth, reduce environ- for the fiscal year ending September 30, Abercrombie Cooksey Graves mental degradation, and improve health serv- Ackerman Costello Green (TX) 2002, and for other purposes, with a ices for their residents. Programs that focus Aderholt Cox Green (WI) Senate amendment thereto, disagree to Akin Coyne Greenwood on not only the symptoms but also the causes Allen Cramer Grucci the Senate amendment, and agree to of growing poverty and social unrest are our the conference asked by the Senate. Andrews Crenshaw Gutierrez best defense against increasing human misery Armey Crowley Gutknecht The SPEAKER pro tempore (Mr. and global instability. Baca Culberson Hall (OH) SHAW). Is there objection to the request It is clear that we need additional resources Bachus Cummings Hall (TX) of the gentleman from Arizona? The Baird Cunningham Hansen to enable the U.S. Agency for International Baker Davis (CA) Harman Chair hears none and, without objec- Development to address these challenges. Baldacci Davis (FL) Hart tion, appoints the following conferees: Last year, its Office of Environment and Urban Baldwin Davis (IL) Hastings (FL) Messrs. KOLBE, CALLAHAN, KNOLLEN- Barcia Davis, Jo Ann Hastings (WA) Programs operated on a budget of $4 mil- Barr Davis, Tom Hayes BERG, KINGSTON, LEWIS of California, lion—the cost of four cruise missiles—down Barrett Deal Hayworth WICKER, BONILLA, SUNUNU, YOUNG of from an $8 million budget in 1993. This steady Bartlett DeFazio Hefley Florida, Mrs. LOWEY, Ms. PELOSI, Mr. pattern of disinvestment, which continues into Bass DeGette Herger JACKSON of ILLINOIS, Ms. KILPATRICK, Becerra Delahunt Hill this fiscal year, is dangerously eroding our Bentsen DeLauro Hilleary MR. ROTHMAN, and Mr. OBEY. ability to address urban problems just as they Bereuter DeMint Hilliard There was no objection. are becoming more critical to our own national Berkley Deutsch Hinchey Mr. BLUMENAUER. Mr. Speaker, I very Berman Diaz-Balart Hinojosa security. Berry Dicks Hobson much appreciated the indulgence of the Chair- Increased funding for the Office of Environ- Biggert Dingell Hoeffel man and Ranking Member of the Foreign Op- ment and Urban Programs would permit AID Bilirakis Doggett Hoekstra erations Appropriations Subcommittee earlier to build on its past successes and would en- Bishop Dooley Holden this year when we considered this appropria- Blagojevich Doolittle Holt courage and strengthen the involvement of our Blumenauer Doyle Honda tion on the House floor. We engaged then in public and private sector partners in these crit- Blunt Dreier Hooley a colloquy regarding the importance of funding ical activities. Boehlert Duncan Horn for the U.S. Agency for International Develop- Boehner Dunn Hostettler I have asked Secretary Powell to provide in- Bonilla Edwards Houghton ment’s Office of Environment and Urban Pro- formation from AID identifying the role cities Bonior Ehlers Hoyer grams. will play in economic, security, and social de- Bono Emerson Hulshof I believe this is one of the important non- velopment issues and its intended response to Borski English Hunter military components of the war on terrorism. Boswell Eshoo Hyde the growing urban crises, including a descrip- Boucher Etheridge Inslee When Secretary of State Powell appeared be- tion of current funding and staffing levels as Boyd Evans Isakson fore our International Relations Committee late well as projected future needs. Brady (PA) Everett Israel last month, he and I shared an exchange re- Brady (TX) Farr Issa I look forward to continuing to work with Brown (FL) Fattah Istook garding the importance of investing in infra- Chairman KOLBE’s Subcommittee, and with my Brown (SC) Ferguson Jackson (IL) structure, human capital, and entry-level in- own Committee, the House International Rela- Bryant Filner Jefferson dustries in the urbanized regions of the devel- tions Committee to strengthen funding for this Burr Flake Jenkins oping world. As someone whose public serv- Buyer Foley John vital purpose. AID allocates resources inter- Callahan Forbes Johnson (CT) ice has focused on livable communities in the nally to its Office of Environment and Urban Calvert Ford Johnson (IL) United States, I’ve been increasingly con- Programs. I hope its funding will be consider- Camp Fossella Johnson, E. B. cerned about the urgent international implica- Cannon Frank Johnson, Sam ably higher for FY02 than the $4 million it was Cantor Frelinghuysen Jones (NC) tions. given in FY01. Capito Frost Kaptur The cities of our world are already over- f Capps Gallegly Keller whelmed by human needs and economic in- Capuano Ganske Kelly stability. Today, 30 percent of urban residents ANNOUNCEMENT BY THE SPEAKER Cardin Gekas Kennedy (MN) PRO TEMPORE Carson (IN) Gephardt Kennedy (RI) throughout the world lack access to safe drink- Carson (OK) Gibbons Kerns ing water; waterborne disease kills 5–12 mil- The SPEAKER pro tempore. Pursu- Castle Gilchrest Kildee lion people each year; 50 per cent do not ant to clause 8 of rule XX, and the Chabot Gillmor Kind (WI) Chambliss Gilman King (NY) have adequate sanitation facilities. These con- Chair’s prior announcement, the Chair Clay Gonzalez Kingston ditions are getting worse by the day. Within will now put two of the questions on Clayton Goode Kirk the next 25 years, 2.5 billion more people will which further proceedings were post- Clement Goodlatte Kleczka move to cities throughout the world; 95 per- poned yesterday in the following order: Clyburn Gordon Knollenberg Coble Goss Kolbe cent of this movement will occur in developing H.R. 2998 by the yeas and nays, and Combest Graham Kucinich nations. Here, the poverty, malnutrition, and H.R. 852 by the yeas and nays. Condit Granger LaFalce

VerDate 06-NOV-2001 00:20 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.016 pfrm04 PsN: H07PT1 H7860 CONGRESSIONAL RECORD — HOUSE November 7, 2001 LaHood Ortiz Simmons 429, on H.R. 2998, to authorize the establish- Goode Lucas (KY) Roybal-Allard Lampson Osborne Simpson Goodlatte Lucas (OK) Royce Langevin Ose Skeen ment of Radio Free Afghanistan. Had I been Gordon Luther Rush Lantos Otter Skelton present, I would have voted ‘‘yea’’ on this leg- Goss Lynch Ryan (WI) Largent Owens Slaughter islation. Graham Maloney (CT) Ryun (KS) Larsen (WA) Oxley Smith (MI) Ms. JACKSON-LEE of Texas. Mr. Speaker, Granger Maloney (NY) Sabo Larson (CT) Pascrell Smith (NJ) Graves Manzullo Sanchez Latham Pastor Smith (TX) on roll call No. 429, I was unavoidably de- Green (TX) Markey Sanders LaTourette Payne Smith (WA) tained in my district and missed rollcall vote Green (WI) Mascara Sandlin Leach Pelosi Snyder No. 429. If I had not missed rollcall vote No. Greenwood Matheson Sawyer Lee Pence Solis Grucci Matsui Saxton Levin Peterson (MN) Souder 429, I would have voted ‘‘aye.’’ Gutierrez McCarthy (MO) Schaffer Lewis (CA) Peterson (PA) Spratt f Gutknecht McCarthy (NY) Schakowsky Lewis (GA) Petri Stark Hall (OH) McCollum Schiff Lewis (KY) Phelps Stearns ANNOUNCEMENT BY THE SPEAKER Hall (TX) McCrery Schrock Linder Pickering Stenholm Hansen McDermott Scott Lipinski Pitts Stump PRO TEMPORE Harman McGovern Sensenbrenner LoBiondo Platts Stupak The SPEAKER pro tempore (Mr. Hart McHugh Serrano Lowey Pombo Sununu Hastings (FL) McInnis Shadegg Lucas (KY) Pomeroy Tancredo SHAW). Pursuant to the provisions of Hastings (WA) McIntyre Shaw Lucas (OK) Portman Tanner clause 8 of rule XX, the Chair will re- Hayes McKeon Shays Luther Price (NC) Tauscher duce to 5 minutes the minimum time Hayworth McKinney Sherman Lynch Pryce (OH) Tauzin Hefley McNulty Sherwood Maloney (CT) Putnam Taylor (MS) for electronic voting on this next ques- Herger Menendez Shimkus Maloney (NY) Quinn Taylor (NC) tion. Hill Mica Shows Manzullo Radanovich Terry Hilleary Millender- Shuster Markey Rahall Thomas f Hilliard McDonald Simmons Mascara Ramstad Thompson (CA) Hinchey Miller, Dan Simpson Matheson Rangel Thompson (MS) NATHANIEL R. JONES AND FRANK Hinojosa Miller, Gary Skeen Matsui Regula Thornberry J. BATTISTI FEDERAL BUILDING Hobson Miller, George Skelton McCarthy (MO) Rehberg Thune AND UNITED STATES COURT- Hoeffel Miller, Jeff Slaughter McCarthy (NY) Reyes Thurman Hoekstra Mink Smith (MI) McCollum Reynolds Tiahrt HOUSE Holden Mollohan Smith (NJ) McCrery Riley Tiberi The SPEAKER pro tempore. The un- Holt Moore Smith (TX) McDermott Rivers Tierney Honda Moran (KS) Smith (WA) McGovern Rodriguez Toomey finished business is the question of sus- Hooley Morella Snyder McHugh Roemer Towns pending the rules and passing the bill, Horn Murtha Solis McInnis Rogers (KY) Traficant H.R. 852. Hostettler Nadler Souder McIntyre Rogers (MI) Turner The Clerk read the title of the bill. Houghton Napolitano Spratt McKeon Rohrabacher Udall (CO) Hoyer Neal Stark McKinney Ros-Lehtinen Udall (NM) The SPEAKER pro tempore. The Hulshof Nethercutt Stearns McNulty Ross Upton question is on the motion offered by Hunter Ney Stenholm Meehan Rothman Velazquez the gentleman from Montana (Mr. Hyde Northup Stump Menendez Roukema Visclosky Inslee Norwood Stupak Mica Royce Vitter REHBERG) that the House suspend the Isakson Nussle Sununu Millender- Rush Walden rules and pass the bill, H.R. 852, on Israel Oberstar Tancredo McDonald Ryan (WI) Walsh which the yeas and nays are ordered. Issa Obey Tanner Miller, Dan Ryun (KS) Wamp This is a 5-minute vote. Istook Olver Tauscher Miller, Gary Sabo Waters Jackson (IL) Ortiz Tauzin Miller, George Sanchez Watkins (OK) The vote was taken by electronic de- Jefferson Osborne Taylor (MS) Miller, Jeff Sanders Watson (CA) vice, and there were—yeas 410, nays 0, Jenkins Ose Taylor (NC) Mink Sandlin Watt (NC) not voting 22, as follows: John Otter Terry Mollohan Sawyer Watts (OK) Johnson (CT) Owens Thomas Moore Saxton Waxman [Roll No. 430] Johnson (IL) Oxley Thompson (CA) Moran (KS) Schaffer Weiner YEAS—410 Johnson, E. B. Pascrell Thompson (MS) Morella Schakowsky Weldon (FL) Johnson, Sam Pastor Thornberry Murtha Schiff Weldon (PA) Abercrombie Bryant Delahunt Jones (NC) Paul Thune Myrick Schrock Weller Ackerman Burr DeLauro Kanjorski Payne Thurman Nadler Scott Wexler Aderholt Buyer DeMint Kaptur Pelosi Tiahrt Napolitano Sensenbrenner Whitfield Akin Callahan Deutsch Keller Pence Tiberi Neal Serrano Wicker Allen Calvert Diaz-Balart Kelly Peterson (MN) Tierney Nethercutt Shadegg Wilson Andrews Camp Dicks Kennedy (MN) Peterson (PA) Toomey Ney Shaw Wolf Armey Cannon Dingell Kennedy (RI) Petri Towns Northup Shays Woolsey Baca Cantor Doggett Kerns Phelps Traficant Norwood Sherman Wu Bachus Capito Dooley Kildee Pickering Turner Nussle Sherwood Wynn Baird Capps Doolittle Kind (WI) Pitts Udall (CO) Oberstar Shimkus Young (FL) Baker Capuano Doyle King (NY) Platts Udall (NM) Obey Shows Baldacci Cardin Dreier Kingston Pombo Upton Olver Shuster Baldwin Carson (IN) Duncan Kirk Pomeroy Velazquez Barcia Carson (OK) Dunn Kleczka Portman Visclosky NAYS—2 Barr Castle Edwards Knollenberg Price (NC) Vitter Collins Paul Barrett Chabot Ehlers Kolbe Pryce (OH) Walden Bartlett Chambliss Ehrlich Kucinich Putnam Walsh NOT VOTING—25 Barton Clay Emerson LaFalce Quinn Wamp Bass Clayton English Ballenger Engel Meeks (NY) LaHood Radanovich Waters Becerra Clement Eshoo Barton Fletcher Moran (VA) Lampson Rahall Watkins (OK) Bentsen Clyburn Etheridge Brown (OH) Jackson-Lee Pallone Langevin Ramstad Watson (CA) Bereuter Coble Evans Burton (TX) Roybal-Allard Lantos Rangel Watt (NC) Berkley Collins Everett Conyers Jones (OH) Sessions Largent Regula Watts (OK) Berman Combest Farr Crane Kanjorski Strickland Larsen (WA) Rehberg Waxman Berry Condit Fattah Cubin Kilpatrick Sweeney Larson (CT) Reyes Weiner Biggert Cooksey Ferguson DeLay Lofgren Young (AK) Latham Reynolds Weldon (FL) Bilirakis Costello Filner Ehrlich Meek (FL) LaTourette Riley Weldon (PA) Bishop Cox Flake Leach Rivers Weller b 1055 Blagojevich Coyne Foley Lee Rodriguez Wexler Blumenauer Cramer Forbes Levin Roemer Whitfield So (two-thirds having voted in favor Blunt Crane Ford Lewis (CA) Rogers (KY) Wicker thereof) the rules were suspended and Boehlert Crenshaw Fossella Lewis (GA) Rogers (MI) Wilson Boehner Crowley Frank the bill, as amended, was passed. Lewis (KY) Rohrabacher Wolf Bonilla Culberson Frelinghuysen Linder Ros-Lehtinen Woolsey The result of the vote was announced Bonior Cummings Frost Lipinski Ross Wu as above recorded. Bono Cunningham Gallegly LoBiondo Rothman Wynn Borski Davis (CA) Ganske Lowey Roukema Young (FL) A motion to reconsider was laid on Boswell Davis (FL) Gekas the table. Boucher Davis (IL) Gephardt NOT VOTING—22 Stated for: Boyd Davis, Jo Ann Gibbons Ms. ROYBAL-ALLARD. Mr. Speaker, due to Brady (PA) Davis, Tom Gilchrest Ballenger Cubin Jackson-Lee Brady (TX) Deal Gillmor Brown (OH) DeLay (TX) a scheduling conflict on the morning of No- Brown (FL) DeFazio Gilman Burton Engel Jones (OH) vember 7, I was not present for rollcall vote Brown (SC) DeGette Gonzalez Conyers Fletcher Kilpatrick

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.004 pfrm04 PsN: H07PT1 November 7, 2001 CONGRESSIONAL RECORD — HOUSE H7861 Lofgren Moran (VA) Strickland debate on the bill, as amended, equally di- NATO. Indeed, during his last year on Meehan Myrick Sweeney vided and controlled by the chairman and the Hill, he even published a book Meek (FL) Pallone Young (AK) ranking minority member of the Committee Meeks (NY) Sessions about NATO expansion. It is fitting, on International Relations; (2) a further therefore, that we honor Mr. Solomon b 1105 amendment in the nature of a substitute printed in the Congressional Record pursu- with this bill today. So (two-thirds having voted in favor ant to clause 8 of rule XVIII, if offered by I urge my colleagues to support this thereof) the rules were suspended and Representative Lantos of California or his rule, as well as the underlying legisla- the bill was passed. designee, which shall be considered as read tion. The result of the vote was announced and shall be separately debatable for one Mr. Speaker, I reserve the balance of as above recorded. hour equally divided and controlled by the my time. A motion to reconsider was laid on proponent and an opponent; and (3) one mo- Mr. HALL of Ohio. Mr. Speaker, I the table. tion to recommit with or without instruc- yield myself such time as I may con- tions. Stated for: sume. Mr. Speaker, I want to thank the Ms. JACKSON-LEE of Texas. Mr. Speaker, The SPEAKER pro tempore. The gen- gentlewoman from North Carolina on rollcall No. 430, I was unavoidably detained tlewoman from North Carolina (Mrs. MYRICK) is recognized for 1 hour. (Mrs. MYRICK) for yielding me time. in my District. Had I been present, I would Mr. Speaker, this is a modified closed have voted ‘‘yea.’’ Mrs. MYRICK. Mr. Speaker, for the purpose of debate only, I yield the cus- rule. It will allow for the consideration f tomary 30 minutes to the gentleman of the Gerald B. H. Solomon Freedom PERSONAL EXPLANATION from Ohio (Mr. HALL), pending which I Consolidation Act of 2001. yield myself such time as I may con- As my colleague from North Carolina Mr. FLETCHER. Mr. Speaker, on rollcall sume. During consideration of this res- has described, this rule provides for 1 Nos. 429 and 430, I was inadvertently de- olution, all time yielded is for the pur- hour of general debate, to be equally tained. Had I been present, I would have pose of debate only. divided and controlled by the chairman voted ‘‘yea’’ on both measures. Mr. Speaker, yesterday the Com- and ranking minority member of the f mittee on Rules met and granted a Committee on International Relations. This rule will permit a Democratic sub- ELECTION OF MEMBERS TO CER- modified closed rule for consideration of the Gerald Solomon Freedom Con- stitute, if offered by the committee’s TAIN STANDING COMMITTEES OF ranking minority member. No other THE HOUSE solidation Act. The rule provides for 1 hour of debate in the House, equally di- amendments may be offered from the Mr. FROST. Mr. Speaker, by direc- vided and controlled by the chairman House floor. tion of the Democratic Caucus, I offer and ranking minority member of the The bill expresses the support of Con- a privileged resolution (H. Res. 278) and Committee on International Relations. gress for expanding the number of ask for its immediate consideration. The rule waives all points of order members of the North Atlantic Treaty The Clerk read the resolution, as fol- against consideration of the bill. Organization. It recognizes the impor- lows: The rule provides that the amend- tance of admitting seven specific na- H. RES. 278 ment recommended by the Committee tions in Central and Eastern Europe. Resolved, That the following named Mem- on International Relations now printed This legislation is in keeping with the bers be, and are hereby, elected to the fol- in the bill shall be considered as adopt- vision expressed by both President lowing standing committees of the House of ed. The rule provides for consideration Clinton and President Bush. I want to take this opportunity to ex- Representatives: of only the amendment in the nature of Committee on Government Reform: Mr. press my sadness at the loss of former a substitute printed in the CONGRES- Lynch of Massachusetts, to rank after Mr. House Member and Committee on SIONAL RECORD, if offered by the gen- Clay of Missouri; and Rules chairman Jerry Solomon, who tleman from California (Mr. LANTOS) or Committee on Veterans’ Affairs: Mr. died last month of heart failure. Jerry Lynch of Massachusetts, to rank after Mr. his designee, which shall be considered and I often found ourselves on different Rodriguez of Texas; and Ms. Davis of Cali- as read and shall be debatable for 1 sides of the issue, but we were fully fornia, to rank after Mr. Udall of New Mex- hour, equally divided and controlled by united in our respect for the House of ico. the proponent and an opponent. Representatives and our role in leading The resolution was agreed to. Finally, the rule provides for one mo- the Nation. A motion to reconsider was laid on tion to recommit, with or without in- the table. Jerry was a man of honor and integ- structions. rity. He spoke his heart and he stood f Mr. Speaker, this is a noncontrover- up for his beliefs without hesitation. It sial rule for a noncontroversial, but PROVIDING FOR CONSIDERATION is fitting that this bill is named in his important, bill. The Gerald Solomon OF H.R. 3167, GERALD B. H. SOL- memory. Freedom Consolidation Act endorses OMON FREEDOM CONSOLIDATION With that, I urge the adoption of the the work of President Bush and Presi- ACT OF 2001 rule and of the underlying. dent Clinton to expand NATO into Mr. Speaker, I reserve the balance of Mrs. MYRICK. Mr. Speaker, by direc- Eastern Europe. It also authorizes my time. tion of the Committee on Rules, I call military assistance to seven potential Mrs. MYRICK. Mr. Speaker, I yield up House Resolution 277 ask for its im- NATO members. such time as he may consume to the mediate consideration. Mr. Speaker, during its markup of gentleman from California (Mr. The Clerk read the resolution, as fol- this measure, the Committee on Inter- DREIER), the chairman of the Com- lows: national Relations passed one amend- mittee on Rules. Resolved, That upon the adoption of this ment, an amendment to name H.R. 3167 (Mr. DREIER asked and was given resolution it shall be in order without inter- after our former Committee on Rules permission to revise and extend his re- vention of any point of order to consider in chairman, Gerald Solomon. Chairman the House the bill (H.R. 3167) to endorse the marks.) vision of further enlargement of the NATO Solomon, who passed away the week Mr. DREIER. Mr. Speaker, I thank Alliance articulated by President George W. before last, was a dear friend to all of my friend from Charlotte for yielding Bush on June 15, 2001, and by former Presi- us on the Committee on Rules, and he me this time, and I want to congratu- dent William J. Clinton on October 22, 1996, and Mr. Moakley, who, unfortunately, late her, as well as I see my friend the and for other purposes. The bill shall be con- passed away earlier this year, were gentleman from California (Mr. LAN- sidered as read for amendment. The amend- quite a pair together. They disagreed TOS) here, the ranking minority mem- ment recommended by the Committee on often, but they always did it as gentle- ber of the Committee on International International Relations now printed in the men and they always did it with a Relations, and the gentleman from bill shall be considered as adopted. The pre- vious question shall be considered as ordered great deal of humor, and quite frankly, New York (Mr. GILMAN), and the gen- on the bill, as amended, and on any further all of us miss them a lot. tleman from Illinois (Mr. HYDE) is in amendment thereto to final passage without While he was a Member, Chairman the Chamber. I wanted to congratulate intervening motion except: (1) one hour of Solomon was also a strong advocate for them.

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.006 pfrm04 PsN: H07PT1 H7862 CONGRESSIONAL RECORD — HOUSE November 7, 2001 I want to thank the gentleman from happy to say that there is a spectac- nants of ice from the old Cold War. The Ohio (Mr. HALL) for his statement. I ular portrait of Mr. Solomon that is in fact is, just a dozen or so years ago, see the gentleman from Nebraska (Mr. the Committee on Rules and, I would many of these nations we are talking BEREUTER) is here. I tried to mention invite any of our colleagues who would about were part of a Warsaw Pact that just about everybody in the Chamber. like to come by and take a look at that was pledged to destroy NATO. Think The gentleman from Florida (Mr. GOSS) portrait if you have not testified before about that. Now, these nations are is right behind him. the Committee on Rules lately to come vying for a relationship of mutual pro- I do not want to see any other Mem- and visit us there and to know that tection with the West. bers, so I can make my points here. when we overwhelmingly pass this rule As we move through these uncertain Mr. Speaker, this is a very important and the legislation itself, it will be a times, it is of great importance, of piece of legislation. Both the gen- great tribute that we can provide to course, that we cultivate the strongest tleman from Ohio (Mr. HALL) and the this wonderful man. ties possible with all of the nations of gentlewoman from North Carolina Mr. HALL of Ohio. Mr. Speaker, I Europe. NATO expansion, under mem- (Mrs. MYRICK) made it clear it is a fit- have no requests for time at this time. bership guidelines and procedures al- ting tribute to my predecessor, Jerry I could have some requests, so I would ready agreed upon, will help the United Solomon. We continue to mourn his ask the gentlewoman from North Caro- States achieve this very, very impor- passing and extend our condolences to lina (Mrs. MYRICK) to go ahead with tant goal. Freda and his wonderful family. her speakers, and I reserve the balance Mr. Speaker, I cannot possibly count We know that Jerry Solomon was, as of my time. the number of hours, meetings, trips, was stated so eloquently in the trib- Mrs. MYRICK. Mr. Speaker, I yield 3 speeches, reports, or personnel we have utes that were given at his funeral last minutes to the gentleman from Florida talked to and invested in the question week, a real fighter, and I considered (Mr. GOSS). of NATO expansion. In all of this, Jerry him to be a fighter with a heart, be- (Mr. GOSS asked and was given per- Solomon, his vision, his leadership, cause he was one who stood firmly for mission to revise and extend his re- showed the way; and he made the case principle, but had a great warmth and marks.) very forcefully. He even made the case kindness to him as well. Mr. GOSS. Mr. Speaker, I thank the in Moscow that someday Russia will gentlewoman from North Carolina for join NATO, and I have no doubt to be- b 1115 yielding me this time and for her serv- lieve that. He fought as hard as anyone to ex- ice, of course, on the Committee on This legislation will send a strong pand the cause of freedom throughout Rules as well. and welcome signal. People do pay at- the world. I should say parenthetically Mr. Speaker, as we continue to de- tention to what this Congress does, and that I had the privilege of joining my fend democracy and freedom, which is now is the time to gear up for the ex- colleagues, the gentleman from Massa- what this Nation is about today, and pansion in NATO that will be discussed chusetts (Mr. DELAHUNT) and the gen- the battle in the war against terrorism one year from now in Prague. I urge tleman from North Carolina (Mr. within our own borders, it is important support for this legislation. It really BALLENGER), for a delegation that ob- to remember that we are not alone. We does matter. served one of the freest and fairest are not the only country that upholds Mrs. MYRICK. Mr. Speaker, I yield elections that I have had the oppor- the ideals that we are fighting for. Our myself such time as I may consume to tunity to observe in the many years friends and allies in the NATO alliance thank the gentleman from Florida (Mr. that I have been able to serve here in have helped us to defend democracy GOSS). As chairman of the Permanent the Congress and visit elections around across the Atlantic and beyond in so Select Committee on Intelligence and the world; and this election took place many ways and for so many years dur- vice chairman of the Committee on in Nicaragua just this past weekend. ing the Cold War. We now have the op- Rules, we rely on him a lot for his ex- We saw the people of Nicaragua over- portunity to expand our NATO alliance pertise in this area, and it is quite evi- whelmingly state their preference, and and allow new democracies in Central dent that he has been involved in this I should say that I am very gratified and Eastern Europe and other areas to for many, many years. So I thank the that they came out on the side of free- join in the defense of freedom, some- gentleman. dom and self-determination, and it is thing we all care greatly about. Mr. Speaker, I yield 4 minutes to the something that would have made Jerry This legislation outlines and reaf- gentleman from California (Mr. ROHR- Solomon very proud. That was in this firms congressional support for further ABACHER). hemisphere. enlargement of NATO as expressed in Mr. ROHRABACHER. Mr. Speaker, I The legislation that we are talking statements by President Bush and rise in strong support of the rule, but about today, Mr. Speaker, is focused on former President Clinton. It does not in opposition to the underlying legisla- the very important North Atlantic call for the admission of any specific tion. Let me take a moment to salute Treaty Organization alliance which, as country to NATO, but is supported by Jerry Solomon, who was a dear friend. we all know, has been critically impor- the candidates of all contenders which We will miss Jerry Solomon. It is a tant to many of the national security meet the criteria outlined by the cur- pain in our hearts that we will have as and foreign policy successes that we rent NATO members. Estonia, Latvia, someone who meant so much to us and have had around the world. Lithuania, the Baltics, Slovenia, Slo- he is no longer with us. I worked so Mr. Solomon wrote a very thoughtful vakia, Bulgaria and Romania are keen- many hours on so many issues over the volume on the importance of NATO ex- ly interested, I know from personal ex- years with Jerry that I think that no pansion, and I believe that that is one perience, and there are others. doubt, on both sides of the aisle, he of the major reasons that his name is In addition, the Solomon Act author- will be dearly missed. very appropriately tied to this legisla- izes funding for military assistance for Now let us talk about NATO. NATO tion. As the gentleman from Ohio (Mr. each candidate in accordance with ad- will not be missed. NATO has done its HALL) said, the prospect of the expan- ministration requests for 2002. In other job. NATO deserves to pass on, because sion of these seven countries into the words, we are together on this here on NATO accomplished its mission and NATO alliance is something that I be- the Hill and downtown. The modest now it deserves to dissolve. lieve is on the horizon, and I believe cost of this assistance is a very small We called on this organization, we that we need to encourage it. I should price to pay for the potential of gain- created this organization back when say that President Bush is a strong ing long-term allies in a formalized there was a major Soviet threat to in- proponent of NATO expansion and has way in this critical region of the world. vade Western Europe. Thus we created made that clear in more than a few ad- As a member of the House of Rep- NATO in order to deter war, not to dresses and in his policy proposals. resentatives delegation to the NATO waste money, because that money was So I think that we have done the Parliamentary Assembly, I have been necessary at the time. But instead, to right thing here in paying tribute to privileged to see firsthand how the ex- deter a Soviet invasion of Western Eu- our dear friend, Jerry Solomon. I will pansion of NATO is a lot more than rope. It did its job, and it did its job continue to miss him every day. I am about just the falling of the last rem- well.

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.025 pfrm04 PsN: H07PT1 November 7, 2001 CONGRESSIONAL RECORD — HOUSE H7863 During the Cold War, it served to Mountain. Here is Yamantau Moun- Mrs. MYRICK. Mr. Speaker, I yield 3 stand guard and to deter attack and tain. Just south of Yamantau Moun- minutes to the gentleman from Texas that attack was deterred; and it saved tain are two cities, two closed cities, (Mr. PAUL). lives and it helped us come to the end by the way; and they house about 60,000 (Mr. PAUL asked and was given per- of the Cold War. But the Cold War is people that do nothing but work on mission to revise and extend his re- over. The price we paid for NATO in Yamantau Mountain. marks.) the tens of billions of dollars was worth Now, Yamantau Mountain is the Mr. PAUL. Mr. Speaker, I thank the it back then. It is not worth it now. largest, deepest, nuclear secure facility gentlewoman for yielding time to me. In fact, what NATO today is is noth- in the world. The Soviets and now the Mr. Speaker, I rise in support of the ing more than a subsidy for the defense Russians have spent about $6 billion on rule. The rule is noncontroversial, but of Western Europe and in Europe as a Yamantau Mountain. We have had two the bill itself, the bill to expand NATO whole. They can afford, our European defectors from Yamantau Mountain; and the foreign aid involved in it, is friends can afford to pay for their own and with what they have told us, we controversial from my viewpoint. It defense now. When NATO was first cre- know roughly what is down there. It is may not be controversial here in Wash- ated, they were coming out of World enormous, about the size of inside our ington, but if we go outside of Wash- War II, their economies were in a Beltway with railroad tracks running ington and talk to the people who pay shambles; and yes, we stepped forward in opposite directions and enormous the bills and the people who have to to protect the world against com- rooms carved out of the rock. send the troops, they find this con- munism, just as we stepped forward to Again, it is the most nuclear secure troversial. They think we are taken for protect the world against Japanese facility in the world. The Russians will saps as we go over and extend our militarism and Nazism. We can be not tell us why they are doing it. They sphere of influence throughout the proud of that, and we can be proud of have just ramped up activity there. world, and now extending into Eastern the role NATO played. But today, the They have built accoutrements there Europe. purpose NATO was created for has that they do not have in their other I, too, was a friend of Jerry Solomon. passed away, and the Europeans can af- cities, tennis courts and so forth. They We came into the Congress together in ford to pay for their own defense. By cannot pay their military. They cannot 1978. One thing for sure that Jerry un- staying in NATO, we are going to con- afford $200 million for the service mod- derstood very clearly was the care that tinually be involved in missions like ule of the space station, but this is im- we must give to expanding our influ- those in Kosovo and Bosnia, right in portant enough to them that they keep ence as well as sacrificing our sov- our European friends’ backyard, and we pouring millions and millions and mil- ereignty, because he was strongly op- end up paying a major portion of that lions of dollars into it, $6 billion cur- posed to the United Nations. battle in Kosovo and Bosnia. That rently. Its only use is either during or As chairman of the Committee on postnuclear war. makes no sense. Rules, he would permit my amendment Now, I ask my colleagues, why would Our European friends are richer than to come up and at least debate the ef- Russia do this? When they have all of we are. The European governments fectiveness of belonging to the United these needs in their society, why would have many, many more services for Nations, so I have fond memories of they pour all of this money into their people than we have for our own Jerry, especially in his support of my Yamantau Mountain? What I am told people, because we are spending that efforts to try to diminish the United is, they are paranoid. They do not be- money trying to police the world. By Nations’ influence and the taking away lieve we are their friends. They are keeping NATO going, it just reinforces of our sovereignty. planning for a nuclear war. They ap- that policy that the United States is Mr. Speaker, this is one reason why I parently believe that it is inevitable do oppose NATO. I believe that it has a going to be the policeman of the world. and winnable, and they are going to Furthermore, by expanding NATO bad influence on what we do. We want win it with this kind of preparation. the way this bill is proposing, we are to extend our control over Eastern Eu- We have no idea what they are going to slapping Russia in the face. Come on. rope, and as has been pointed out, this do there, but we know that they are Come on, now. NATO was established can be seen as a threat to the Russians. building and spending a lot of money to counter the Soviet Union, and now NATO does not have a good record on it. since the fall of the Soviets. Take a the Russians have done what we always Now, my question is, why at this look at what we were doing in Serbia. wanted them to do: cast off this dicta- time in history would we want to feed Serbia has been our friend. They are a torship. And what do we do? We try to Russia’s paranoia? Why would we want Christian nation. We allied ourselves expand this military alliance right into to enlarge NATO right up to their bor- with the KLA, the Kosovo Muslims, their front yard. That is wrong. ders? NATO they perceive as a threat who have been friends with Osama bin Russia has disbanded the Warsaw to them. For the first time in its his- Laden. We went in there and illegally, Pact; it is trying to be democratic. tory, we used them as an aggressive NATO illegally, against their own rules President Putin is making efforts. In power in Kosovo. fact, he was the first one to call Presi- of NATO, incessantly bombed Serbia. dent Bush to offer his help when Amer- b 1130 They had not attacked another coun- ica was attacked on September 11. We If we want a friendship society, a try. They had a civil war going on, yet should not be putting that type of pres- goodwill society, in Europe, please, Mr. we supported that with our money and sure on a democratic Russia. We Speaker, call it something else. Do not our bombs and our troops, and now we should, instead, be reinforcing that we call it NATO. NATO is very threat- are nation-building over there. We may are their friends and no longer consider ening to the Russians. It was set up to be over there for another 20 years be- Russia a threat. If Russia ever goes counter the Warsaw Pact. The gen- cause of the bad policy of NATO that back to its old ways, we can recon- tleman from California (Mr. ROHR- we went along with. figure that. I would just say NATO is ABACHER) said it did its job. It was very Mr. Speaker, I think we should stop not helping us as much as they should successful. The Warsaw Pact does not and think about this, and instead of ex- in this current crisis, so why should we exist. panding NATO, instead of getting continue subsidizing our European Mr. Speaker, this is a very unwise po- ready to send another $55 million that friends. litical move. I cannot understand how we are authorizing today to the East- Mrs. MYRICK. Mr. Speaker, I yield 3 we could perceive that it is in our na- ern European countries, we ought to minutes to the gentleman from Mary- tional security interest to enlarge ask: Has it really served the interests land (Mr. BARTLETT). NATO and feed the paranoia of the of the United States? Mr. BARTLETT of Maryland. Mr. Russians when they continue to pour Now that is old-fashioned, to talk Speaker, I thank the gentlewoman for money into things like Yamantau about the interests of the United yielding me time. Mountain. States. We are supposed to only talk Mr. Speaker, we have here a satellite This is not a good bill. I support the about the interests of internation- photograph of a section of the Euro rule; I vigorously oppose the under- alism, globalism, one-world govern- mountains in Russia called Yamantau lying bill. ment. To talk about the interests of

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.027 pfrm04 PsN: H07PT1 H7864 CONGRESSIONAL RECORD — HOUSE November 7, 2001 the United States in this city is seen as NATO, by being part of the NATO par- that was brought to bear after we had being very negative, but I would say if liament, by being part of the NATO de- some failures from the United Nations we talk about U.S. security, security of fense structure. in certain parts of the Balkans, and the United States of America and our This is hugely important to the coun- which today underlie the coalition defense around the country, it is very tries mentioned. All of them are not in- which President Bush and the United popular. cluded in NATO as a result of anything States have built in our war against Mrs. MYRICK. Mr. Speaker, I yield 2 we do, but we are just making the terrorism. minutes to the gentleman from the point again that that door is open to It is not by accident that it was the Seventh District of Missouri (Mr. peace-loving people, freedom-loving other countries of NATO which pro- BLUNT), our deputy whip. people, people who honor democracy, vided the first meaningful response to Mr. BLUNT. Mr. Speaker, I thank and these countries are among those. a coalition against terrorism when the gentlewoman for yielding time to Mrs. MYRICK. Mr. Speaker, I yield they invoked Article 5, that meant me. myself such time as I may consume. that when there is an attack on one of Mr. Speaker, I rise in support of the I thank the gentleman for his histor- its members, in this case from a for- rule and of the bill, and I particularly ical perspective on what has happened eign source on the United States, they appreciate the fact that this bill has with NATO over the years. said by invoking Article 5, that it is an been designated to honor our good Mr. Speaker, I yield such time as he attack on all of us. So this defensive friend, Jerry Solomon, who represented may consume to the gentleman from alliance, 52 years of age, has taken on us so well in the association of NATO Nebraska (Mr. BEREUTER), the author some new responsibilities for Western parliamentarians and who had made so of this legislation. democracies and for the United States, many friends for America around the (Mr. BEREUTER asked and was in this case in the war against ter- world, and particularly with our NATO given permission to revise and extend rorism. It is a critical institution. allies. his remarks.) As we see the other countries of There is no question that NATO has Mr. BEREUTER. Mr. Speaker, I Eastern and Central Europe attempt to been the most successful alliance in thank the gentlewoman for yielding me secure EU membership and NATO history. I would not want to revisit all this time. membership, we should also note that of the issues of our policies in Eastern Mr. Speaker, I am very pleased to fol- NATO has created the Partnership for Europe today, but I think if we look low the articulate statement offered by Peace program to permit not just these back at who was following whose lead the distinguished gentleman from Mis- seven countries, but a wider array of in what we did the last couple of years, souri (Mr. BLUNT). He spelled out, I countries, even into the former Soviet it might not have been us following think in some detail, why NATO con- Union, with an opportunity to eventu- NATO as much as NATO following us tinues to be very important to the de- ally move towards full integration with on policies that were vigorously de- mocracies of Western Europe and to Western institutions and Western de- bated here on this floor. the United States and Canada, as well. mocracy through NATO membership. That is not what this bill is about. Indeed, in Lithuania, we saw graphic Indeed, the door is not shut to Rus- This bill is about whether we continue examples and heard from people on the sia. In fact, we have provided, through to open the doors of NATO to nations streets, at high levels of government the North Atlantic Council, a special that meet the standards that NATO and the people in the booths selling opportunity for Russia to have input set, nations that add to the common things to us why NATO was so impor- into the deliberations of NATO; not defense of NATO, nations that so much tant, why they do not want to come anything approaching a veto, for cer- want to be on this side of the curtain of under totalitarianism again. tainly something we would not want to freedom, if the curtain of freedom ever In fact, I think there is strong bipar- give them. comes down again. tisan support for the continuation of Mr. Speaker, If we did not have Recently, at the NATO parliament NATO. The dissident voices we heard NATO today we would have to create meeting in Lithuania, those of us who here today are certainly appropriate in something like it. represented the House of Representa- a democracy, but I think they do not So, Mr. Speaker, I not only urge sup- tives there saw people come out who reflect the bipartisan recognition that port of the rule, but since time is lim- remembered clearly not only what it NATO has been important, it is impor- ited on the debate on the bill itself, I had been like to live under the Soviet tant today, and it will be important in thought it was appropriate to make Union, but remembered what it had the future. these remarks here today with respect been like to be dominated by the Nazis; There are probably two critical insti- to the importance of NATO today and people who did not want to have that tutions in Europe today which help en- into the future. ever happen again; people who were sure that this security umbrella will be Mr. HALL of Ohio. Mr. Speaker, I desperate, because if they had not been over the nations of the former Warsaw yield myself such time as I may con- in a concentration camp or sent out of Pact in Central and Eastern Europe sume. the country, they knew somebody in and that they will be able to continue Mr. Speaker, the bill appears to be in their family that had. their movement towards democracy very good shape. The rule is certainly Person after person, group after and a full array of human rights. They acceptable to us. group, came chanting NATO, NATO, are, first and foremost, NATO; and sec- I think it is fitting that we call this NATO, with a sense of desperation; ondly, the European Union. bill the Gerald Solomon Freedom Con- that if the line of freedom is ever As the countries, seven of which are solidation Act. Mr. Solomon was chair- drawn again, they know which side of identified for authorization, or reau- man of the Committee on Rules for the that line of freedom they want to be thorization, in this legislation move few years in which I served under him. on. towards, or hope to successfully gain, As a Democrat, and he was a Repub- This does not mean that the line of membership in NATO, they are making lican, he was tough, he was difficult, freedom has to end at the Russian bor- a number of changes. They are embrac- but he was a fair man. He never lied. der. In fact, meeting the right cir- ing a full array of the features of de- He was a man of integrity. He was a cumstance, the line of freedom can ex- mocracy to meet the criteria for NATO good Representative. tend, but it does mean that those coun- membership, they are providing for Mr. Speaker, I yield back the balance tries that are striving to meet the transparency in their military budgets, of my time. standards that NATO set, those coun- they are providing for civilian control Mrs. MYRICK. Mr. Speaker, I yield tries that are striving to meet the of their military, and they are pro- myself such time as I may consume. standards that NATO set for member- viding for the kind of interoperability Mr. Speaker, I thank the gentleman ship that can add to the common de- of their defense systems with those of from Ohio (Mr. HALL) for his kind com- fense, that are democracies today and the 19 countries of NATO. ments about Chairman Solomon. want to ensure that democracy can It is on the basis of NATO that we Mr. Speaker, I yield back the balance best ensure that democracy by joining were able to form a coalition that per- of my time, and I move the previous this family of nations and being part of formed so well in the Persian Gulf, question on the resolution.

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.029 pfrm04 PsN: H07PT1 November 7, 2001 CONGRESSIONAL RECORD — HOUSE H7865 The previous question was ordered. Poland, Hungary, the Czech Republic, and behind its first new members . . . NATO The resolution was agreed to. Slovenia as full members of the NATO Alli- should remain open to all of Europe’s emerg- A motion to reconsider was laid on ance’’. ing democracies who are ready to shoulder the table. (3) In the European Security Act of 1998 the responsibilities of membership . . . [n]o (title XXVII of division G of Public Law 105– nation will be automatically excluded . . . f 277; 22 U.S.C. 1928 note), Congress declared [n]o country outside NATO will have a veto that ‘‘Poland, Hungary, and the Czech Re- . . . [a] gray zone of insecurity must not re- REPORT ON RESOLUTION WAIVING public should not be the last emerging de- emerge in Europe’’. POINTS OF ORDER AGAINST CON- mocracies in Central and Eastern Europe in- SEC. 3. DECLARATIONS OF POLICY. FERENCE REPORT ON H.R. 2620, vited to join NATO’’ and that ‘‘Romania, Es- Congress— DEPARTMENTS OF VETERANS tonia, Latvia, Lithuania, and Bulgaria . . . (1) reaffirms its previous expressions of AFFAIRS AND HOUSING AND would make an outstanding contribution to support for continued enlargement of the URBAN DEVELOPMENT, AND furthering the goals of NATO and enhancing NATO Alliance contained in the NATO Par- stability, freedom, and peace in Europe ticipation Act of 1994, the NATO Enlarge- INDEPENDENT AGENCIES APPRO- should they become NATO members [and] PRIATIONS ACT, 2002 ment Facilitation Act of 1996, and the Euro- upon complete satisfaction of all relevant pean Security Act of 1998; Mrs. MYRICK, from the Committee criteria should be invited to become full (2) supports the commitment to further en- on Rules, submitted a privileged report NATO members at the earliest possible largement of the NATO Alliance expressed (Rept. No. 107–273) on the resolution (H. date’’. by the Alliance in its Madrid Declaration of (4) At the Madrid Summit of the NATO Al- 1997 and its Washington Summit Commu- Res. 279) waiving points of order liance in July 1997, Poland, Hungary, and the against the conference report to ac- nique of 1999; and Czech Republic were invited to join the Alli- (3) endorses the vision of further enlarge- company the bill (H.R. 2620) making ance in the first round of NATO enlarge- ment of the NATO Alliance articulated by appropriations for the Departments of ment, and the NATO heads of state and gov- President George W. Bush on June 15, 2001, Veterans Affairs and Housing and ernment issued a declaration stating ‘‘[t]he and by former President William J. Clinton Urban Development and for sundry Alliance expects to extend further invita- on October 22, 1996, and urges our NATO al- independent agencies, boards, commis- tions in coming years to nations willing and lies to work with the United States to real- able to assume the responsibilities and obli- ize this vision at the Prague Summit in 2002. sions, corporations, and offices for the gations of membership . . . [n]o European fiscal year ending September 30, 2002, SEC. 4. DESIGNATION OF SLOVAKIA TO RECEIVE democratic country whose admission would ASSISTANCE UNDER THE NATO PAR- which was referred to the House Cal- fulfill the objectives of the [North Atlantic] TICIPATION ACT OF 1994. endar and ordered to be printed. Treaty will be excluded from consideration’’. (a) IN GENERAL.—Slovakia is designated as (5) At the Washington Summit of the f eligible to receive assistance under the pro- NATO Alliance in April 1999, the NATO gram established under section 203(a) of the GERALD B. H. SOLOMON FREEDOM heads of state and government issued a com- NATO Participation Act of 1994 (title II of CONSOLIDATION ACT OF 2001 munique declaring ‘‘[w]e pledge that NATO Public Law 103–447; 22 U.S.C. 1928 note) and will continue to welcome new members in a shall be deemed to have been so designated Mr. BEREUTER. Mr. Speaker, pursu- position to further the principles of the pursuant to section 203(d)(1) of such Act. ant to House Resolution 277, I call up [North Atlantic] Treaty and contribute to (b) RULE OF CONSTRUCTION.—The designa- the bill (H.R. 3167) to endorse the vi- peace and security in the Euro-Atlantic area tion of Slovakia pursuant to subsection (a) sion of further enlargement of the . . . [t]he three new members will not be the as eligible to receive assistance under the NATO Alliance articulated by Presi- last . . . [n]o European democratic country program established under section 203(a) of dent George W. Bush on June 15, 2001, whose admission would fulfill the objectives the NATO Participation Act of 1994— of the Treaty will be excluded from consider- and by former President William J. (1) is in addition to the designation of Po- ation, regardless of its geographic location land, Hungary, the Czech Republic, and Slo- Clinton on October 22, 1996, and for . . .’’. venia pursuant to section 606 of the NATO other purposes, and ask for its imme- (6) In late 2002, NATO will hold a summit Enlargement Facilitation Act of 1996 (title diate consideration in the House. in Prague, the Czech Republic, at which it VI of section 101(c) of title I of division A of The Clerk read the title of the bill. will decide which additional emerging de- Public Law 104–208; 22 U.S.C. 1928 note) and The SPEAKER pro tempore (Mr. mocracies in Central and Eastern Europe to the designation of Romania, Estonia, Latvia, invite to join the Alliance in the next round SHAW). Pursuant to House Resolution Lithuania, and Bulgaria pursuant to section of NATO enlargement. 2703(b) of the European Security Act of 1998 277, the bill is considered read for (7) In May 2000 in Vilnius, Lithuania, the amendment. (title XXVII of division G of Public Law 105– foreign ministers of Albania, Bulgaria, Esto- 277; 22 U.S.C. 1928 note) as eligible to receive The text of H.R. 3167 is as follows: nia, Latvia, Lithuania, the Former Yugoslav assistance under the program established H.R. 3167 Republic of Macedonia, Romania, Slovakia, under section 203(a) of the NATO Participa- and Slovenia issued a statement (later joined Be it enacted by the Senate and House of Rep- tion Act of 1994; and by Croatia) declaring that their countries resentatives of the United States of America in (2) shall not preclude the designation by will cooperate in jointly seeking NATO Congress assembled, the President of other emerging democracies membership in the next round of NATO en- SECTION 1. SHORT TITLE. in Central and Eastern Europe pursuant to largement, that the realization of NATO section 203(d)(2) of the NATO Participation This Act may be cited as the ‘‘Freedom membership by one or more of these coun- Consolidation Act of 2001’’. Act of 1994 as eligible to receive assistance tries would be a success for all, and that under the program established under section SEC. 2. FINDINGS. eventual NATO membership for all of these 203(a) of such Act. The Congress makes the following findings: countries would be a success for Europe and SEC. 5. AUTHORIZATION OF SECURITY ASSIST- (1) In the NATO Participation Act of 1994 NATO. ANCE FOR COUNTRIES DESIGNATED (title II of Public Law 103–447; 22 U.S.C. 1928 (8) On June 15, 2001, in a speech in Warsaw, UNDER THE NATO PARTICIPATION note), Congress declared that ‘‘full and ac- Poland, President George W. Bush stated ACT OF 1994. tive participants in the Partnership for ‘‘[a]ll of Europe’s new democracies, from the (a) AUTHORIZATION OF FOREIGN MILITARY Peace in a position to further the principles Baltic to the Black Sea and all that lie be- FINANCING.—Of the amounts made available of the North Atlantic Treaty and to con- tween, should have the same chance for secu- for fiscal year 2002 under section 23 of the tribute to the security of the North Atlantic rity and freedom—and the same chance to Arms Export Control Act (22 U.S.C. 2763)— area should be invited to become full NATO join the institutions of Europe—as Europe’s (1) $6,500,000 is authorized to be available members in accordance with Article 10 of old democracies have . . . I believe in NATO on a grant basis for Estonia; such Treaty at an early date . . .’’. membership for all of Europe’s democracies (2) $7,000,000 is authorized to be available (2) In the NATO Enlargement Facilitation that seek it and are ready to share the re- on a grant basis for Latvia; Act of 1996 (title VI of section 101(c) of title sponsibilities that NATO brings . . . [a]s we (3) $7,500,000 is authorized to be available I of division A of Public Law 104–208; 22 plan to enlarge NATO, no nation should be on a grant basis for Lithuania; U.S.C. 1928 note), Congress called for the used as a pawn in the agenda of others . . . (4) $8,500,000 is authorized to be available prompt admission of Poland, Hungary, the [w]e will not trade away the fate of free Eu- on a grant basis for Slovakia; Czech Republic, and Slovenia to NATO, and ropean peoples . . . [n]o more Munichs . . . (5) $4,500,000 is authorized to be available declared that ‘‘in order to promote economic [n]o more Yaltas . . . [a]s we plan the Prague on a grant basis for Slovenia; stability and security in Slovakia, Estonia, Summit, we should not calculate how little (6) $10,000,000 is authorized to be available Latvia, Lithuania, Romania, Bulgaria, Alba- we can get away with, but how much we can on a grant basis for Bulgaria; and nia, Moldova, and Ukraine . . . the process of do to advance the cause of freedom’’. (7) $11,500,000 is authorized to be available enlarging NATO to include emerging democ- (9) On October 22, 1996, in a speech in De- on a grant basis for Romania. racies in Central and Eastern Europe should troit, Michigan, former President William J. (b) CONFORMING AMENDMENT.—Subsection not be limited to consideration of admitting Clinton stated ‘‘NATO’s doors will not close (a) of section 515 of the Security Assistance

VerDate 06-NOV-2001 01:53 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.032 pfrm04 PsN: H07PT1 H7866 CONGRESSIONAL RECORD — HOUSE November 7, 2001 Act of 2000 (Public Law 106–280) is amended (7) In May 2000 in Vilnius, Lithuania, the for- (2) shall not preclude the designation by the by striking paragraphs (1), (5), (6), (7), and (8) eign ministers of Albania, Bulgaria, Estonia, President of other emerging democracies in Cen- and redesignating paragraphs (2), (3), (4), and Latvia, Lithuania, the Former Yugoslav Repub- tral and Eastern Europe pursuant to section (9) as paragraphs (1) through (4), respec- lic of Macedonia, Romania, Slovakia, and Slo- 203(d)(2) of the NATO Participation Act of 1994 tively. venia issued a statement (later joined by Cro- as eligible to receive assistance under the pro- The SPEAKER pro tempore. The atia) declaring that their countries will cooper- gram established under section 203(a) of such amendment printed in the bill is con- ate in jointly seeking NATO membership in the Act. sidered adopted. next round of NATO enlargement, that the real- SEC. 5. AUTHORIZATION OF SECURITY ASSIST- The text of H.R. 3167, as amended, is ization of NATO membership by one or more of ANCE FOR COUNTRIES DESIGNATED UNDER THE NATO PARTICIPATION as follows: these countries would be a success for all, and that eventual NATO membership for all of these ACT OF 1994. H.R. 3167 countries would be a success for Europe and (a) AUTHORIZATION OF FOREIGN MILITARY FI- Be it enacted by the Senate and House of Rep- NATO. NANCING.—Of the amounts made available for resentatives of the United States of America in (8) On June 15, 2001, in a speech in Warsaw, fiscal year 2002 under section 23 of the Arms Ex- Congress assembled, Poland, President George W. Bush stated ‘‘[a]ll port Control Act (22 U.S.C. 2763)— SECTION 1. SHORT TITLE. of Europe’s new democracies, from the Baltic to (1) $6,500,000 is authorized to be available on This Act may be cited as the ‘‘Gerald B. H. the Black Sea and all that lie between, should a grant basis for Estonia; Solomon Freedom Consolidation Act of 2001’’. have the same chance for security and free- (2) $7,000,000 is authorized to be available on a grant basis for Latvia; SEC. 2. FINDINGS. dom—and the same chance to join the institu- (3) $7,500,000 is authorized to be available on The Congress makes the following findings: tions of Europe—as Europe’s old democracies (1) In the NATO Participation Act of 1994 a grant basis for Lithuania; have . . . I believe in NATO membership for all (4) $8,500,000 is authorized to be available on (title II of Public Law 103–447; 22 U.S.C. 1928 of Europe’s democracies that seek it and are a grant basis for Slovakia; note), Congress declared that ‘‘full and active ready to share the responsibilities that NATO (5) $4,500,000 is authorized to be available on participants in the Partnership for Peace in a brings . . . [a]s we plan to enlarge NATO, no na- a grant basis for Slovenia; position to further the principles of the North tion should be used as a pawn in the agenda of (6) $10,000,000 is authorized to be available on Atlantic Treaty and to contribute to the security others . . . [w]e will not trade away the fate of a grant basis for Bulgaria; and of the North Atlantic area should be invited to free European peoples . . . [n]o more Munichs . (7) $11,500,000 is authorized to be available on become full NATO members in accordance with . . [n]o more Yaltas . . . [a]s we plan the Prague a grant basis for Romania. Article 10 of such Treaty at an early date . . .’’. Summit, we should not calculate how little we (b) CONFORMING AMENDMENT.—Subsection (a) (2) In the NATO Enlargement Facilitation Act can get away with, but how much we can do to of section 515 of the Security Assistance Act of of 1996 (title VI of section 101(c) of title I of divi- advance the cause of freedom’’. 2000 (Public Law 106–280) is amended by striking sion A of Public Law 104–208; 22 U.S.C. 1928 (9) On October 22, 1996, in a speech in Detroit, paragraphs (1), (5), (6), (7), and (8) and redesig- note), Congress called for the prompt admission Michigan, former President William J. Clinton nating paragraphs (2), (3), (4), and (9) as para- of Poland, Hungary, the Czech Republic, and stated ‘‘NATO’s doors will not close behind its graphs (1) through (4), respectively. Slovenia to NATO, and declared that ‘‘in order first new members . . . NATO should remain The SPEAKER pro tempore. The gen- to promote economic stability and security in open to all of Europe’s emerging democracies tleman from Nebraska (Mr. BEREUTER) Slovakia, Estonia, Latvia, Lithuania, Romania, who are ready to shoulder the responsibilities of Bulgaria, Albania, Moldova, and Ukraine . . . membership . . . [n]o nation will be automati- and the gentleman from California (Mr. the process of enlarging NATO to include emerg- cally excluded . . . [n]o country outside NATO LANTOS) each will control 30 minutes. ing democracies in Central and Eastern Europe will have a veto . . . [a] gray zone of insecurity The Chair recognizes the gentleman should not be limited to consideration of admit- must not reemerge in Europe’’. from Nebraska (Mr. BEREUTER). ting Poland, Hungary, the Czech Republic, and SEC. 3. DECLARATIONS OF POLICY. GENERAL LEAVE Slovenia as full members of the NATO Alli- Congress— Mr. BEREUTER. Mr. Speaker, I ask ance’’. (1) reaffirms its previous expressions of sup- unanimous consent that all Members (3) In the European Security Act of 1998 (title port for continued enlargement of the NATO Al- XXVII of division G of Public Law 105–277; 22 may have 5 legislative days within liance contained in the NATO Participation Act which to revise and extend their re- U.S.C. 1928 note), Congress declared that ‘‘Po- of 1994, the NATO Enlargement Facilitation Act land, Hungary, and the Czech Republic should of 1996, and the European Security Act of 1998; marks on the bill. not be the last emerging democracies in Central (2) supports the commitment to further en- The SPEAKER pro tempore. Is there and Eastern Europe invited to join NATO’’ and largement of the NATO Alliance expressed by objection to the request of the gen- that ‘‘Romania, Estonia, Latvia, Lithuania, the Alliance in its Madrid Declaration of 1997 tleman from Nebraska? and Bulgaria . . . would make an outstanding and its Washington Summit Communique of There was no objection. contribution to furthering the goals of NATO 1999; and Mr. BEREUTER. Mr. Speaker, I yield and enhancing stability, freedom, and peace in (3) endorses the vision of further enlargement myself such time as I may consume. Europe should they become NATO members of the NATO Alliance articulated by President Mr. Speaker, as the chairman of the [and] upon complete satisfaction of all relevant George W. Bush on June 15, 2001, and by former House of Representatives delegation to criteria should be invited to become full NATO President William J. Clinton on October 22, 1996, the NATO Parliamentary Assembly, members at the earliest possible date’’. and urges our NATO allies to work with the (4) At the Madrid Summit of the NATO Alli- United States to realize this vision at the Prague this Member rises in strong support for ance in July 1997, Poland, Hungary, and the Summit in 2002. H.R. 3167, the Gerald B. H. Solomon Czech Republic were invited to join the Alliance SEC. 4. DESIGNATION OF SLOVAKIA TO RECEIVE Freedom Consolidation Act of 2001. in the first round of NATO enlargement, and ASSISTANCE UNDER THE NATO PAR- Indeed, this legislation enjoys the the NATO heads of state and government issued TICIPATION ACT OF 1994. support of Members from the elected a declaration stating ‘‘[t]he Alliance expects to (a) IN GENERAL.—Slovakia is designated as el- leadership on both sides of the aisle, in- extend further invitations in coming years to igible to receive assistance under the program cluding the Speaker of the House, the nations willing and able to assume the respon- established under section 203(a) of the NATO sibilities and obligations of membership . . . [n]o Participation Act of 1994 (title II of Public Law distinguished gentleman from Illinois European democratic country whose admission 103–447; 22 U.S.C. 1928 note) and shall be (Mr. HASTERT); the House majority would fulfill the objectives of the [North Atlan- deemed to have been so designated pursuant to leader, the distinguished gentleman tic] Treaty will be excluded from consideration’’. section 203(d)(1) of such Act. from Texas (Mr. ARMEY); the minority (5) At the Washington Summit of the NATO (b) RULE OF CONSTRUCTION.—The designation whip, the distinguished gentleman Alliance in April 1999, the NATO heads of state of Slovakia pursuant to subsection (a) as eligible from Michigan (Mr. BONIOR); and the and government issued a communique declaring to receive assistance under the program estab- chairman of the House Republican Pol- ‘‘[w]e pledge that NATO will continue to wel- lished under section 203(a) of the NATO Partici- icy Committee, the distinguished gen- come new members in a position to further the pation Act of 1994— principles of the [North Atlantic] Treaty and (1) is in addition to the designation of Poland, tleman from California (Mr. COX). contribute to peace and security in the Euro-At- Hungary, the Czech Republic, and Slovenia pur- Additionally, the chairman of the lantic area . . . [t]he three new members will not suant to section 606 of the NATO Enlargement Committee on International Relations, be the last . . . [n]o European democratic coun- Facilitation Act of 1996 (title VI of section 101(c) the distinguished gentleman from Illi- try whose admission would fulfill the objectives of title I of division A of Public Law 104–208; 22 nois (Mr. HYDE); the ranking minority of the Treaty will be excluded from consider- U.S.C. 1928 note) and the designation of Roma- member of the Committee, the distin- ation, regardless of its geographic location . . .’’. nia, Estonia, Latvia, Lithuania, and Bulgaria guished gentleman from California (6) In late 2002, NATO will hold a summit in pursuant to section 2703(b) of the European Se- (Mr. LANTOS); and the chairman emer- Prague, the Czech Republic, at which it will de- curity Act of 1998 (title XXVII of division G of cide which additional emerging democracies in Public Law 105–277; 22 U.S.C. 1928 note) as eligi- itus of the committee, the distin- Central and Eastern Europe to invite to join the ble to receive assistance under the program es- guished gentleman from New York (Mr. Alliance in the next round of NATO enlarge- tablished under section 203(a) of the NATO Par- GILMAN); and the chairman of the sub- ment. ticipation Act of 1994; and committee on Europe, the gentleman

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.016 pfrm04 PsN: H07PT1 November 7, 2001 CONGRESSIONAL RECORD — HOUSE H7867 from California (Mr. GALLEGLY), are the committee markup, which redesig- ance in the history of the world. It has cosponsors of the measure. nated the title as the Gerald B.H. Sol- provided collective security to the Mr. Speaker, this Member is also omon Freedom Consolidation Act. This member nations of Western Europe. pleased to note that among the cospon- amendment was approved, of course, by Therefore, it is no surprise that many sors are many Members of the House voice vote in Committee and approved members of the former Warsaw Pact delegation to the NATO Parliamentary unanimously. now aspire to such membership. For Assembly, including the chairman of Mr. Speaker, this Member can think NATO to continue its expansion is en- the House Permanent Select Com- of few more fitting legislative memo- tirely appropriate at this time, as is mittee on Intelligence, the distin- rials to our former distinguished col- congressional support for expansion, guished gentleman from Florida (Mr. league who, through his service in this but of course, expansion only when ap- GOSS), the distinguished gentleman body and as a long-time member of the propriate criteria are met, when these from Illinois (Mr. SHIMKUS); the distin- House NATO Parliamentary Assembly countries can make a proper contribu- guished gentleman from Colorado (Mr. delegation, consistently championed tion to the NATO collective security. HEFLEY); the distinguished gentleman efforts to strengthen and expand Mr. Speaker, I urge my colleagues to from Tennessee (Mr. TANNER); the dis- NATO. Indeed, Congressman Solomon vote in favor of H.R. 3167. tinguished gentleman from Colorado wrote a book on it. Mr. Speaker, I submit for the cost estimate (Mr. MCINNIS); the distinguished gen- I would say also that Members should of the Congressional Budget Office on H.R. tleman from Texas (Mr. LAMPSON); the know that he played a very active role 3167 for printing in the RECORD. distinguished gentleman from Florida in the Assembly. He served as the CONGRESSIONAL BUDGET OFFICE, November 5, 2001. (Mr. BILIRAKIS). chairman of one of the five working Also, the distinguished gentleman committees of the Assembly, the Polit- Hon. HENRY J. HYDE, ical Committee, the one that dealt Chairman, Committee on International Rela- from Florida (Mr. MICA), not a member tions, House of Representatives, Wash- of the delegation, who has been very with the most controversial and most ington, DC. active in NATO expansion issue is a co- comprehensive list of subjects. He also DEAR MR. CHAIRMAN: The Congressional sponsor, as would be the gentleman served as the vice president of the As- Budget Office has completed the enclosed from Texas (Mr. THORNBERRY), the gen- sembly for the maximum 2-year term, cost estimate for H.R. 3167, the Gerald B.H. tleman from Maryland (Mr. WYNN), and and he was proud to be a member of a Solomon Freedom Consolidation Act of 2001. the gentleman from Pennsylvania (Mr. small delegation that President Clin- The CBO staff contact for this estimate is ton took to the Madrid Summit when Joseph C. Whitehill, who can be reached at BORSKI), if we had had their names in 226–2840. time. decisions were made about NATO en- Sincerely, largement to include the countries of b 1145 DAN L. CRIPPEN, the Czech Republic, Hungary and Po- Director. The measure before this body today land. Enclosure. outlines and reaffirms congressional Congressman Solomon was unswerv- CONGRESSIONAL BUDGET OFFICE COST ESTIMATE support for further expansion of NATO. ing in his belief that the former War- H.R. 3167—Gerald B. H. Solomon Freedom Con- In addition, the legislation endorses saw Pact countries, if they meet the solidation Act of 2001 the vision of further enlargement of NATO criteria, plus others, including H.R. 3167 would reaffirm Congressional the NATO Alliance as expressed in some of the new nations springing from support for the enlargement of the North At- statements by former President Bill the disintegration of Yugoslavia and lantic Treaty Organization (NATO) and Clinton and by President George W. nations farther to the southeast, would increase the amounts of foreign mili- tary financing (FMF) earmarked in 2002 for Bush. should have the opportunity to join the Further, the bill specifically des- seven Central and Eastern European coun- NATO security alliance. He recognized tries that are potential candidates for NATO ignates Slovakia to receive assistance that NATO membership for those coun- membership. The FMF spending is subject to under the NATO Participation Act of tries would be critical in maintaining appropriation action. The bill would not in- 1994, and the President is authorized to stability and prosperity for the entire crease the total amount authorized for FMF designate, as he deems appropriate, continent and particularly for Eastern in 2002 under Public Law 106–280, the Secu- other countries as eligible for the as- Europe. This Member believes that rity Assistance Act of 2000; therefore, CBO sistance under the same program. Congressman Solomon would be estimates that implementing the bill would not significantly affect discretionary spend- Finally, this legislation authorizes pleased to know that his vision for an foreign military financing for the fol- ing. Because the bill would not affect direct expanded NATO continues to enjoy spending or receipts, pay-as-you-go proce- lowing leading NATO alliances aspi- overwhelming support from this body. dures would not apply. rants. These are not all of the aspi- Mr. Speaker, this Member, who once H.R. 3167 contains no intergovernmental or rants, but these are the ones that the again led a House delegation to the private-sector mandates as defined in the administration has requested author- NATO PA spring meeting in Vilnius, Unfunded Mandates Reform Act and would ization levels for: Estonia, Latvia, Lithuania, this year, was impressed not affect the budgets of state, local, or trib- Lithuania, Slovenia, Bulgaria, Roma- al governments. with the grassroots support in Lith- The CBO staff contact for this estimate is nia and now Slovakia. These levels uania for NATO membership. In fact, Joseph C. Whitehill, who can be reached at that are in the legislation reflect ex- during that trip, this Member asked a 226–2840. This estimate was approved by actly the administration’s request. street vendor why he displayed a pro- Peter H. Fontaine, Deputy Assistant Direc- I think it is important to note that NATO sticker on his cart. The vendor tor for Budget Analysis. H.R. 3167 does not specifically endorse explained that he would never forget Mr. Speaker, I reserve the balance of the candidacies of any countries. It how a family member of his had been my time. simply endorses expansion, hopefully taken to Siberia by the Soviets and Mr. LANTOS. Mr. Speaker, I yield at the Prague Summit in the year 2002, had never returned. Therefore, because myself such time as I may consume. for those countries which meet the cri- of this and very similar incidents af- Mr. Speaker, let me at the outset teria outlined by current NATO mem- fecting thousands of citizens of the identify myself with all the comments bers, and they are substantial criteria, three Baltic nations in the early stages made by my colleagues concerning our not easy to meet. I identified a few of of World War II, this vendor said, That late friend, Jerry Solomon. Jerry Sol- them a few minutes ago in discussing is why I am for NATO expansion—so it omon was a most distinguished Mem- the rule. can never happen again. ber of this body and his leadership on On November 1 of this year, the Com- He is joined by so many people of the the NATO issue simply cannot be over- mittee on International Relations con- former Warsaw Pact countries who stated. sidered and passed this legislation, as viewed NATO membership, or the pros- Let me also commend my good amended, by voice vote. This Member pect for it, as very important to the friend, the gentleman from Nebraska and the dean of the New York Repub- stability of future freedoms for their (Mr. BEREUTER) whose leadership of the lican delegation, the gentleman from citizens. congressional delegation to the NATO New York (Mr. GILMAN), offered the Without a doubt, NATO has been the Parliamentary Assembly has been ex- sole amendment to the measure during most effective collective defense alli- traordinary. He has earned our respect

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.074 pfrm04 PsN: H07PT1 H7868 CONGRESSIONAL RECORD — HOUSE November 7, 2001 as the leader of our NATO delegation, give us cooperation in cracking down There is a whole new flavor to the Rus- and I want to pay public tribute to on the financial capabilities of inter- sian/U.S. relationship, and it is appar- him. national terrorist organizations like ent in a dozen different ways. I also want to acknowledge the con- Hezbollah. Our NATO allies share intel- b 1200 tributions to NATO and our participa- ligence with the United States regard- tion of the chairman emeritus of our ing both Osama bin Laden and the en- We are modifying our previous posi- committee, the gentleman from New tire al-Qaeda network. tion of just a few months ago with re- York (Mr. GILMAN), and the gentleman Just yesterday, Mr. Speaker, Presi- spect to the ABM Treaty to missile from Illinois (Mr. HYDE), our current dent Bush spoke via satellite to the testing. The Russians are asking that chairman. Warsaw Conference on combatting ter- we put an end to Jackson-Vanik, which Mr. Speaker, Congress has consist- rorism, where all of the nations of was historic human rights legislation ently led the way in supporting NATO Eastern and Central Europe who wish but which has served its purpose. enlargement and for a strong and ro- to join NATO were represented. I look forward to the day when a bust role for NATO in Europe. One of Although the war on terrorism is now democratic Russia will be able to ex- the most memorable moments in my our top national priority, we must re- plore the possibility of joining NATO; congressional service was to fly with main engaged with our allies on a wide and I think it is important to under- our former Secretary of State Madeline spectrum of issues, including NATO en- score, in dealing with the expansion of Albright to Independence, Missouri, largement. The next NATO summit in NATO, that this is in no sense directed with the foreign ministers of Poland, Prague in 2002 will be the first oppor- at Russia. Russia is no longer our Hungary and the Czech Republic when tunity for the applicant countries to enemy, and we are looking forward to we moved to include those three former formally present their bids for mem- the day when it will be our ally. Communist states, having cleansed bership in NATO. Our bill dem- I, for one, welcome President Putin’s themselves of their past as full mem- onstrates our strong belief that this new attitude towards NATO enlarge- bers of NATO. process must not be and will not be ment and his statement that he would NATO is the longest surviving alli- sidelined. not rule out NATO membership for ance of all time, and it has endured be- The 10 countries which are hoping to Russia. Let me say we also do not rule cause it is an alliance of free and demo- become members of NATO, and I will out that possibility. This represents an cratic nations. No country was ever read them in alphabetical order, Alba- important change, a historic change in forced to join the alliance by a larger nia, Bulgaria, Croatia, Estonia, Latvia, Russian perceptions of the NATO alli- and stronger power, in sharp contrast Lithuania, Macedonia, Rumania, Slo- ance, a sentiment that we should con- to the Warsaw Pact where every single vakia and Slovenia, are all seeking tinue to encourage strongly. I urge all member was forced into that pact by membership in this great peace-loving of my colleagues to support this legis- the power and might of the Soviet alliance. lation. Union. There can be no better endorse- As my colleague, the gentleman from Mr. Speaker, I reserve the balance of ment of NATO’s success and achieve- Nebraska (Mr. BEREUTER) indicated, my time. ments than the desire of the newly they will have to meet some very Mr. BEREUTER. Mr. Speaker, I yield emerging countries of Central and tough yardsticks to be judged worthy myself 15 seconds. Eastern Europe to join this alliance. of joining NATO. They relate not only I want to just compliment the gen- Now, the post-September 11 era, Mr. to having achieved a certain degree of tleman from California on his articu- Speaker, has brought us new realities, economic success and having made a late statement, and I appreciate his and one of them is the critical role contribution to their own defense and kind remarks regarding this Member. that NATO can play in the fight the collective defense, but they must His comments about President Putin, I against international terrorism. As a demonstrate that they are practicing a think, are certainly appropriate. matter of fact, although we did not respect for human rights, religious We have seen very moderate and plan it this way, my friend, former Sec- rights, minority rights and press free- positive statements on NATO expan- retary of State Henry Kissinger, yes- dom. They have to demonstrate that sion, on missile defense, coming from terday in an op-ed in the Washington they are free and open democratic soci- President Putin since the tragic events Post states correctly that NATO has eties. of September 11th. And I think it is found its new mission, and that mis- I want to underscore, Mr. Speaker, very interesting, as I conclude these sion is to lead the way along with the that the upcoming summit in Prague, comments, to note that NATO assets, United States in the global war against where we will be looking at the new ap- AWACS planes, are sent from Europe international terrorism. plicants for membership in NATO, is to the United States today to help our The gentleman from Illinois (Mr. the first and not the last of such meet- fighter aircraft patrol our cities since HYDE) and I were managing the legisla- ings. The Prague Summit is part of a American AWACS aircraft are de- tion, giving our President whatever measured and carefully managed proc- ployed for operations related to North- powers he needs to wage this war. And ess of including more and more of our ern Watch over Iraq, in the Persian while we were here in this Chamber, European friends in NATO. Invitations Gulf regions, and in operations related our NATO allies invoked Article 5 of will be extended to the applicants con- to Afghanistan. the NATO Treaty stating, in essence, sistent with their compliance with the Mr. Speaker, I yield 4 minutes to the that the attack on one NATO member NATO membership action plan. distinguished gentleman from New is an attack on all members of NATO, As do all of my colleagues in this York (Mr. GILMAN), the dean of the del- and they have given us and will con- Congress, I support a Europe whole and egation and the person who helped me tinue to give us their support in every free. And I strongly endorse the state- offer the amendment to name this Ger- conceivable form. ments of the 10 applicant countries ald B.H. Solomon legislation. In this context today, I want to ac- that eventual NATO membership for (Mr. GILMAN asked and was given knowledge the Government of Ger- all of them will be a success for the permission to revise and extend his re- many for yesterday making the his- United States, for Europe and for marks.) toric decision of committing German NATO. Mr. GILMAN. Mr. Speaker, I thank troops to the war in Afghanistan, a his- Mr. Speaker, I would like to say a the gentleman for yielding me this toric first for that country. word about Russia. Following the time, and I want to commend our NATO members, Mr. Speaker, have events of September 11, Mr. Speaker, former vice chairman of our Com- also responded immediately and will- clearly a new relationship is evolving mittee on International Relations, the ingly to the call by President Bush to between the United States and Russia. gentleman from Nebraska (Mr. BEREU- cut terrorist financing. In this context, Next week we are looking forward to TER), for introducing this bill, which I let me just mention parenthetically welcoming the Russian President, Mr. am pleased to cosponsor with him, and that NATO members stand in sharp Putin, in Washington, who then will go for his strong consistent support for contrast to the arrogant governmental on for a more intimate meeting with NATO enlargement. He has been a true action of Lebanon, which is refusing to the President in Crawford, Texas. leader in NATO for our Congress.

VerDate 06-NOV-2001 01:46 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.035 pfrm04 PsN: H07PT1 November 7, 2001 CONGRESSIONAL RECORD — HOUSE H7869 I thank our committee’s ranking mi- the efforts to obtain early floor consid- for democratization in Central and nority member, the gentleman from eration. I thank House leadership for Eastern Europe than continuing to California (Mr. LANTOS), for his support making certain that this bill was con- build an alliance that looks as though not only for this bill but for NATO’s sidered in an appropriate and timely it is arrayed against them? enlargement throughout the years. manner. It is an appropriate tribute to I must also point out that the contin- Under the aegis of NATO, the past a great patriot, Mr. Jerry Solomon. ued expansion of NATO is an exceed- decade has shown a remarkable expan- Mr. LANTOS. Mr. Speaker, I yield 5 ingly expensive endeavor. The weak sion of freedom in Europe without fir- minutes to the distinguished gen- economies of the new members and ing a single shot. It is ironic that our tleman from Oregon (Mr. what appears to me to be lukewarm NATO allies have invoked the, and I BLUMENAUER), a valued and thoughtful support for implementing and financ- quote, ‘‘attack on one is an attack on member of the Committee on Inter- ing the expansion of the alliance by all’’ clause of NATO’s treaty in the re- national Relations. some of our European members is cent terrorist attacks on our own Na- Mr. BLUMENAUER. Mr. Speaker, I going to force the United States to as- tion from abroad. We have special rea- thank the ranking member for his sume more of the funding burden. sons, therefore, to value the contribu- courtesy in allowing me to speak on A CBO study found that the cost of tions that NATO has made in our own this measure. expansion simply to Poland, Hungary, defense. I have some real concerns about the the Czech Republic, and Slovenia would Accordingly, it is in our own national legislation before us today. It certainly be in the neighborhood of $60 billion to interests that we need to bring as is not a lack of respect for the $125 billion over a 15-year period ending many democratic, stable and capable spokespeople on both sides of the aisle, in 2010. The United States’ portion of European nations as possible into two of the most respected Members of this tab was expected to run between $5 NATO alliance. This bill makes it clear Congress in this arena, for whom I am billion and $19 billion. A study con- that the door to NATO membership re- deeply gratified for being able to learn ducted concurrently by the RAND Cor- mains open to other nations; and it is about international affairs; and it cer- poration found that the total cost of fitting, therefore, for Congress to ask tainly is not any reservations about this expansion could be in a similar the President to sign this measure into NATO itself. As has been pointed out, range, up to $110 billion. law, a NATO expansion policy declara- NATO, for 52 years, has performed an These estimates, I fear, are mis- tion. It was in our interest in the open- invaluable service for providing peace leading because they assume that both ing of the East, which laid the ground- and stability on the European con- new member states and other NATO work for the eventual accession of the tinent. It has been especially critical members will be willing and able to Czech Republic, of Hungary, and Po- for the first 42 of those 52 years. pay for their costs of expansion. I land into NATO in the last decade, But I think the real question is think at a time when we are facing se- which, with many of my colleagues, I whether it is time for us to take a step vere economic crisis at home, it is strongly supported. back and look at some of the under- highly improbable that they are going I was pleased to join my colleague, lying assumptions, much like my to assume their share of the burden, the gentleman from Nebraska (Mr. BE- friend from California mentioned a mo- and we are going to have to make some REUTER), in making one change to this ment ago, in terms of framing the very real trade-offs in terms of our do- bill, naming it after our close friend question about how we are going to mestic economy and other higher pri- and former colleague on our Com- deal with Russia. I think that is one of orities that we have in this war against mittee on International Relations, and the most critical points that we need terrorism. former chairman of the House Com- to focus on. Finally, I think we need to be asking mittee on Rules, the late gentleman I think it fascinating that the first ourselves whether the continued expan- from New York, Mr. Solomon. Mr. Sol- call from a head of state that our sion of NATO is the most effective way omon was an outstanding, dedicated President received after the disaster, to encourage the development of free public servant, a Congressman who the terrorist attacks on September 11, markets and democracy in Eastern Eu- deeply carried about our national secu- was from President Putin. It signaled, rope. It is a military alliance that was rity and how we came to depend on I think, a part of this new era that we critical for its time, it still plays an NATO alliance. Accordingly, it is alto- are seeing. And before we deal with an important role; but I am wondering if gether fitting that we name this NATO expansion of NATO or something else, I it needs to be supplemented. expansion legislation the Gerald B.H. think it is critical that we take a step I strongly urge that this body deal Solomon Freedom Consolidation Act. back, as the gentleman from California with some of the questions that my It was in 1998 that Jerry Solomon au- (Mr. LANTOS) has said, and take a look colleague from California, the ranking thored a book entitled ‘‘The NATO En- at the role of NATO. member of the committee, dealt with, largement Debate: 1990–1997: The bless- In early October, Secretary General and that we not continue with more ings of Liberty.’’ In that book he con- Lord George Robertson met with Presi- legislation dealing with the expansion cluded, and I quote from the final para- dent Putin; and neither seemed to see of NATO until we come back and deal graph of his book: ‘‘In the final anal- any reason why Russia, at some point, with the hard realities of the role of ysis, a wider alliance is but a means to should not be a member of NATO. In- Russia and the costs that are associ- the end of building confidence and se- deed, as we look at the list of countries ated to it. I think the American public curity toward which all of NATO’s di- that we are bringing forward as poten- deserves that. rections are aimed. In an era of pro- tial members, certainly Russia would Mr. BEREUTER. Mr. Speaker, it is found transformation in transatlantic appear to be at least as well qualified my pleasure to yield such time as he and European security, there can be no as these would-be member states in may consume to the gentleman from guarantees that the values and stra- terms of its effort to develop its econ- Illinois (Mr. HYDE), the distinguished tegic outlook of the alliance can form omy and its democracy. chairman of the Committee on Inter- the foundation for all of Europe. Never- In this context, I think we should ask national Relations, who followed Euro- theless, we do know that the NATO ex- ourselves why we are moving ahead pean and NATO issues long before he perience has much to offer as we return with our expansion plans that could became chairman. to the original broad ambition of look to those elements in the Soviet (Mr. HYDE asked and was given per- NATO and embrace a wider community Union that it is not necessarily con- mission to revise and extend his re- of free peoples.’’ sistent with this emerging new agenda. marks.) The distinguished chairman of the It looks certainly like a continuation Mr. HYDE. Mr. Speaker, this bill full Committee on International Rela- of Cold War encirclement, as we are ex- calls upon the NATO alliance to agree tions, the gentleman from Illinois (Mr. panding a military alliance that does, to a robust second round of enlarge- HYDE), has enthusiastically supported for the time being, exclude them, but ment at its summit meeting in Prague this bill in our committee; and I very will extend almost to their eastern bor- late next year. The bill does not call much appreciate the expeditious con- der. Is there not a more constructive for the admission of any specific coun- sideration of the bill in committee and and effective way to show our support try to NATO, but is broadly supportive

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.037 pfrm04 PsN: H07PT1 H7870 CONGRESSIONAL RECORD — HOUSE November 7, 2001 of all seven leading contenders for ad- EMP attack on our country. What September 11. Why would we want to mission in the next round: Estonia, Members will see is Russian language, do this to the Russian people? For the Latvia, Lithuania, Slovenia, Slovakia, and they will see something which first time in many years, and I went to Bulgaria, and Romania. looks like the sun with some rays com- Russia recently and I saw the moun- I will not dwell on the qualifications ing from it, and then Members will see tains of flowers at our embassy, it was of the individual countries, other than what it does. a very moving experience, here are peo- to say each has made great progress in What it does is disrupt our commu- ple moving in our direction. Why would the difficult transition from the prison nication system and disrupt our power we want to move them in the other di- house of communism to the promise of system. See the one on the right is in rection? democracy in the free market. Forcibly Russian. What it does is melt all of our Mr. Speaker, if we are going to en- separated from the West for decades, microelectronics, including our com- large NATO, let us have Russia as a each is now reclaiming its rightful puters. If we think about our power member. If we do not have Russia as a place in the Western community of na- grid and communications grid, if we member, let us not enlarge it. It is tions. It would be shameful, as well as melt down the computers, we do not threatening to our national security stupid, for us to ignore their pleas to have a power and communications grid. and it is not in our long-term national become members of the Atlantic alli- This is our translation of it here. security interest. ance. All that needs to be done is to deto- Mr. BEREUTER. Mr. Speaker, I yield For over half a century, NATO has nate a nuclear weapon high above the 3 minutes to the gentleman from Colo- been the foundation upon which the se- atmosphere, and what is produced is rado (Mr. HEFLEY), a member of the curity of the West has rested. NATO’s something equivalent to a simulta- Committee on Armed Services and the continuing importance to the United neous lightning strike everywhere in vice chairman of the Defense Security States was most recently demonstrated the country, or enormous static elec- Committee of the NATO Parliamentary in this unified response to the terrorist tricity. We see a miniature of this Assembly. attacks of September 11 when article 5 every time there is a solar storm. This Mr. HEFLEY. Mr. Speaker, as a of the North Atlantic Treaty, which is many, many times as powerful as the member of the House Committee on states that an attack on one member of pulses we get from that solar storm. Armed Services and as vice chairman NATO shall be considered an attack If the chart would be put out that of the Defense and Security Committee upon them all, was invoked for the shows Yamantau Mountain, and these of the North Atlantic Treaty Organiza- first time in the alliance’s history. two are connected, Members will see tion Parliamentary Assembly, I stand It is my hope that this next phase of these are two closed cities of 60,000 peo- in strong support of this Gerald Sol- NATO’s enlargement will see an end to ple. What is a closed city? A closed city omon Freedom Consolidation Act of Russia’s opposition to NATO, an oppo- is so remote it does not have tourists. 2001. sition needlessly inherited from the Nobody visits. They have a single mis- I think it is appropriate that we Soviet Union and inconsistent with sion; 60,000 people live there and they would name this after Jerry Solomon. Russia’s own desire to become a part of have a single mission, and that mission It has been said before, and I will not the West. For this reason, I commend is working on Yamantau Mountain. belabor it, but Jerry believed so President Putin for his recent remarks If the Russians are going to do an strongly that when democratic free so- indicating his government will not ob- EMP attack on us, they had better cieties worked together in a security ject to further enlargement of NATO. have Yamantau Mountain because we alliance, the world is a safer place to A robust second round of NATO en- are going to respond. be. He promoted this idea. Not that he largement will not end our task. Many I showed this in Russia. I am not giv- wanted to enlarge NATO just to be en- vocal aspirants will still remain out- ing them any ideas. They knew this be- larging NATO, just to have more num- side of the alliance’s pacifying em- fore we did. We knew it from the bers, but that every NATO member brace. And in a speech earlier this year Starfish explosion in 1962. The Rus- must bring something to the table, in Warsaw, President Bush spoke of a sians had done more testing and explo- something not only for their own secu- future in which all of the states be- sions, and they knew it before we did. rity, but for the security of the NATO tween the Baltic and Black Seas would They know more about it than we alliance. be welcomed into the Western commu- know about it. It is difficult to depart from the nity of nations. I certainly share that If they are anticipating an EMP at- memories of September 11. Almost ev- vision. tack on us, and it would be almost cer- erything we do in this Chamber now is Thus, even as we admit additional tainly the first way they would use a viewed through the scope of terrorism. countries to NATO, we must remember weapon because there is no way they Just like the threat of communism, the this is but the latest step toward our could do as much harm to our economy catalyst for NATO, current threat re- goal of creating a Europe whole and and infrastructure with ground level affirmed the need of a strong trans- free, and of bringing lasting peace to explosions as they could do with an ex- atlantic alliance for the protection of that ancient and long-suffering con- plosion above the atmosphere, pro- free societies all around the world. By tinent. ducing electromagnetic pulse. endorsing expansion, we are sending a Mr. LANTOS. Mr. Speaker, I am Mr. Speaker, I do not think that it message to those who decry democracy pleased to yield 4 minutes to the gen- makes sense to feed Russia’s paranoia. and freedom. tleman from Maryland (Mr. BARTLETT), I have been told that the reason they As the response to September 11 has in the spirit of collegiality and biparti- spent $6 billion on Yamantau Mountain shown, an attack on one is an attack sanship, knowing full well he will be is because they are paranoid, because on all. It is very relevant in our rede- taking the side which is opposed to my they do not think that we are their fined geopolitical world. We could eas- position. friends, when we are enlarging NATO ily conclude in this body that NATO right up to their border. And they do has more of a purpose against ter- b 1215 not think NATO is friendly because for rorism than it did against communism. Mr. BARTLETT of Maryland. Mr. years it was the counter of the Warsaw With a time-tested formula and vic- Speaker, I thank the gentleman for Pact, and they cannot get it out of tories under our belt, we would be fool- yielding me this time. their head that this is their enemy. ish to turn our backs on those who as- Mr. Speaker, I am shortly going to I have no idea why we think it is pro- pire to join the greatest alliance his- display a couple of visuals here. The ductive in terms of our national secu- tory has ever known. first will be in Russian, and I wanted to rity to enlarge NATO right up to their A little more than a month ago in present it in Russian because I did not borders. I am all for a European friend- Ottawa, Canada, I had the privilege of want Members to think that I was tell- ship society. I just do not want one speaking to the NATO Parliamentary ing the Russians something they did that slaps Russia in the face. Assembly’s Defense Committee, and in not know about our vulnerability. We are making great strides. Putin my remarks I spoke about how we, The first of these will show a page was the first foreign leader to call our being NATO, must look forward and from a Russian journal which shows an President after the terrorist attacks on come together as a family of nations.

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.039 pfrm04 PsN: H07PT1 November 7, 2001 CONGRESSIONAL RECORD — HOUSE H7871 The worst of times, as we have seen, Czechoslovakia. This is the old world. this strategically located Central Euro- separate the civilized world from the As many of my colleagues have said, in pean nation be a part of NATO. uncivilized. As nations that respect the spring of this year, we attended the While in the past I have urged leaders and honor freedom, democracy and de- NATO Parliamentary Assembly in of the new Slovak Republic to pri- cency, we must join together and form Lithuania. This is a new vision of Eu- marily focus on issues and admissions an unbreakable bond against terrorism. rope, and these are photos of citizens to organizations related to inter- Terrorism has been a plague on our with signs saying NATO, Lithuania, national economic cooperation, I did so world for far too long. Every nation in okay, good; The victims of the gulags coming from a nation and background the alliance has been on the receiving are calling for justice; The pact of that always felt secure from the stand- end of terrorist attacks, ranging from Molotov-Ribentropo is our past. NATO point of national security. At times in the brutal to the barbaric. We have is our future. And the youth were the past I could not understand the watched airplane hijackers negotiate present in these signs of public display preoccupation with membership in with guns, we have seen truck bombs in support of NATO. NATO by Slovak leaders. explode on embassy grounds, we have Another thing that we learned on our As I learned more over the years of seen extremists raid an Olympic vil- trips is that the countries who are re- the history of the Slovak people and lage, plane wreckage in Lockerbie, cently now members, countries like their domination and suppression, I re- Scotland, car bombs on the streets of Poland, have a better relationship with alized why they were so concerned and London and Belfast, and a gaping hole Russia now since they are under the so dedicated to a security relationship in the hull of an American warship. NATO Alliance. And they have better with NATO. When I finished my speech, there was relations and better trade, and it has b 1230 overwhelming support from not only helped the stability of Europe. Slovakia had lost its freedom and the NATO nations represented there Mr. Speaker, I would like to com- independence and security in the past. but from the observers as well; from mend my colleague, the gentleman They did not want to risk that possi- the French who oftentimes do not from Nebraska (Mr. BEREUTER), and bility in the future. The events of Sep- agree with us on things, and the second the Committee on International Rela- tember 11 made me recognize why Slo- one to speak after I had spoken was a tions for their leadership on this issue. vakia and its people were so right. Russian observer who pledged strong I would also like to commend the com- Nothing is more vital than national se- support to this effort. mittee for naming this act after our re- curity. The other countries under this We need NATO now maybe more than cently passed colleague, Jerry Sol- bill also, Latvia, Estonia, Lithuania, ever. I think we need to support the omon. This is fitting since Congress- Slovenia, Romania and Bulgaria, also further enlargement of the NATO Alli- man Solomon was one of the first in seek entry into NATO for exactly the ance. I urge passage of this resolution. Congress to recognize that NATO mem- same reason. In the interest of our Mr. BEREUTER. Mr. Speaker, I yield bership for former Warsaw Pact coun- United States national security, in the 3 minutes to the gentleman from Illi- tries was essential for maintaining sta- interest of those who have lost and re- nois (Mr. SHIMKUS), who in this last bility in Eastern Europe. gained their independence and also re- year has joined the delegation to the On our Statue of Liberty it says, gained their national identity, and in Parliamentary Assembly, and has done ‘‘Give me your tired, your poor, your the interest of world security, I urge an outstanding job and has had a per- huddled masses yearning to breath the passage of this legislation. sonal outreach program to Lithuania free.’’ With NATO expansion, the coun- I again commend the gentleman from and to the Baltic states for some period tries that are yearning to breath free California (Mr. LANTOS), the gentleman of time. can do this under the NATO Alliance. I from Nebraska (Mr. BEREUTER), and Mr. SHIMKUS. Mr. Speaker, I rise in encourage my colleagues to vote in also honor the memory of our departed support of H.R. 3167, the Gerald Sol- favor of H.R. 3167. colleague, Jerry Solomon. omon Freedom Consolidation Act of Mr. BEREUTER. Mr. Speaker, I yield Mr. LANTOS. Mr. Speaker, I am 2001. I am a proud cosponsor of this leg- 3 minutes to the gentleman from Flor- pleased to yield 2 minutes to the gen- islation which memorializes congres- ida (Mr. MICA), who has been very tleman from California (Mr. WAXMAN), sional support for further NATO expan- much interested in NATO membership the ranking member of the Committee sion that is set to take place at the 2002 for a number of countries of Eastern on Government Reform. Prague Summit. and Central Europe, and has played a Mr. WAXMAN. Mr. Speaker, I thank This is in line with the President’s special role in outreach to Slovakia. the gentleman very much for yielding intent stated on his trip to Warsaw, Mr. MICA. Mr. Speaker, I rise in time. I, unfortunately, am going to say Poland, and I quote, ‘‘I believe in strong support of H.R. 3167. I am espe- some words about this legislation that NATO membership for all of Europe’s cially pleased that this legislation in- are not quite consistent with the views democracies that seek it and are ready cludes a provision to recommend Slo- that have been heard on the floor. to share the responsibility that NATO vakia for full NATO membership. I am in opposition to this bill. I cer- brings. As we plan the next NATO As the grandson of Slovak-American tainly want to honor the memory of Summit in 2002, we should not cal- immigrants, I have carefully followed our departed colleague, Congressman culate how little we can get away with, the Slovak Republic’s difficult transi- Solomon; but I am opposed to the ex- but how much we can do to advance tion from the former Soviet bloc to a pansion of NATO. I was opposed under the cause of freedom.’’ free and independent nation. The dra- President Clinton, and I continue to He also stated that he envisioned a matic changes from a socialistic gov- oppose expansion under President NATO that extends from the Baltic to ernment and a managed economy to an Bush. The countries named in this bill the Black Sea, a NATO whole, free and open democracy and free market enter- for NATO candidacy have made incred- secure. prise system have been a challenge for ible progress since the fall of the So- As chairman of the Baltic Caucus and this new nation. viet Union toward Western ideals and a member of the NATO Parliamentary Since January of 1993, the Slovaks economics, but it should not make Assembly, I am a strong supporter of have made great progress in joining the them automatically superior can- the NATO enlargement, especially for European and Western family of na- didates for NATO. the Baltic states. In the wake of Sep- tions. Slovakia has been recognized for First of all, NATO is founded on the tember 11, I believe that enlisting the its economic and political progress by premise of collective defense. These talents of the Baltics and others who admission last September to the Orga- countries are still undergoing major are eager to make contributions to nization of Economic Cooperation and political and economic changes, and I NATO will be instrumental to defeat- Development. do not think we should be promising to ing terrorism. The Slovak Republic is also a leading go to war on behalf of countries when Mr. Speaker, let me share a few contender today for future membership we do not know what kind of conflicts photos. This is a photo of the border in the European Union. While inter- we may be drawn into. when I served in West Germany, the national economic integration is vital Second, NATO was created to defend border between West Germany and to Slovakia’s future, it is critical that against the Soviet Union, a threat that

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.041 pfrm04 PsN: H07PT1 H7872 CONGRESSIONAL RECORD — HOUSE November 7, 2001 obviously no longer exists. If at this commercial aspects of Eastern Europe, and uncountable treasure, was over and the critical time the U.S. is seeking co- and so there is a commercial interest Western Alliance had prevailed. operation from Russia, it is counter- there, as well as in this bill there is $55 With this victory, however, NATO’s raison productive in my opinion to take ac- million of foreign aid which I think a d’eˆtre was destroyed. The alliance was cre- tions that Russia would perceive to be lot of Americans would challenge under ated to defend against a Soviet system that as aggressive. In this legislation that is these circumstances whether or not we of 1991 had entirely ceased to exist. Rather before us today, we are talking about should be sending another $55 million than disbanding, though, NATO bureaucrats admitting into NATO countries that overseas. and the governments behind them reinvented would bring NATO right next to the We have this debate now mainly be- the alliance and protected its existence by cre- border with Russia. cause we have had the demise of the ating new dragons to slay. No longer was Thirdly, the expansion would put the Soviet system, and there is a question NATO to be an entirely defensive alliance. strategic advantage of the alliance at on what the role of NATO should be Rather, this ‘‘new’’ NATO began to occupy risk. NATO was created for rapid Allied and what the role of NATO really is. It itself with a myriad of non-defense related response to a threat. Its tactical seems that NATO is out in search of a issues like economic development and human strength will be compromised when the dragon to slay. It appeared that way rights. This was all codified at the Washington inclusion countries with inexperienced during the Kosovo and Serbian crisis, Summit of 1999, where the organization de- militaries make it more difficult to where it was decided that NATO would clared that it would concern itself with ‘‘eco- mobilize. The high cost of NATO ex- go in and start the bombing in order to nomic, social and political difficulties . . . eth- pansion would also divert U.S. defense help the Kosovars and to undermine nic and religious rivalries, territorial disputes, investment to militaries of foreign the Government of Serbia. But our own inadequate or failed efforts at reform, the countries at a time when we should be rules under NATO say that we should abuse of human rights, and the dissolution of focusing on our own. And there are never attack a country that has not at- states.’’ The new name of the NATO game other institutions that are more valu- tacked a member nation. So this was was ‘‘interventionism’’; defense was now able to the Eastern European countries sort of stretching it by a long shot in passe´. than NATO, the European Union, the order to get us involved. I think that Nowhere was this ‘‘new NATO’’ more starkly World Trade Organization, and other does have unintended consequences, be- in evidence than in Yugoslavia. There, in international institutions that will cause it turns out that we supported 1999, NATO became an aggressive military help promote their economic and Muslims, the KLA, in Kosovo who were force, acting explicitly in violation of its own democratic development. NATO expan- actually allies of Osama bin Laden. charter. By bombing Yugoslavia, a country sion will drain their treasuries toward These things in some ways come back that neither attacked nor threatened a NATO massive military expenditures to come to haunt us, and I see this as an unin- member state, NATO both turned its back on up to NATO’s standards. tended consequence that we should be its stated purpose and relinquished the moral The bottom line is that NATO expan- very much aware of. high ground it had for so long enjoyed. NATO sion is more of a liability than an op- But overall I oppose this because I intervention in the Balkan civil wars has not portunity for the United States and for support a position of a foreign policy of even produced the promised result: UN troops the countries this bill seeks to add to noninterventionism, foreign noninter- will be forced to remain in the Balkans indefi- the alliance. For that reason, I will op- ventionism out of interest of the nitely in an ultimately futile attempt to build na- pose the legislation. United States. I know the other side of tions against the will of those who will live in Mr. BEREUTER. Mr. Speaker, it is the argument, that United States in- them. my pleasure to yield 2 minutes to the terests are best protected by foreign Mr. Speaker, we are now called on to en- gentleman from Texas (Mr. PAUL), a intervention and many, many entan- dorse the further expansion of a purposeless distinguished member of the Com- gling alliances. I disagree with that be- alliance and to grant $55.5 million dollars to mittee on International Relations. cause I think what eventually happens former Soviet Bloc countries that have ex- Mr. LANTOS. Mr. Speaker, I am is that a country like ours gets spread pressed an interest in joining it. While expand- pleased to yield 2 minutes to the dis- too thin and finally we get too poor. I ing NATO membership may be profitable for tinguished gentleman from Texas (Mr. think we are starting to see signs of those companies that will be charged with up- PAUL). this. We have 250,000 troops around the grading the militaries of prospective members, The SPEAKER pro tempore (Mr. DAN world in 241 different countries. When this taxpayer subsidy of foreign governments MILLER of Florida). The gentleman the crisis hit with the New York dis- and big business is not in the interest of the from Texas is recognized for 4 minutes. aster, it turned out that our planes American people. It is past time for the Euro- Mr. PAUL. Mr. Speaker, I sincerely were so spread out around the world peans to take responsibility for their own af- appreciate the fact that I have brought that it was necessary for our allies to fairs, including their military affairs. together bipartisanship here and got come in and help us. This is used by According to the Department of Defense’s time from both sides. I deeply appre- those who disagree with me as a posi- latest available figures, there are more than ciate that, especially since I am taking tive, to say, ‘‘See, it works. NATO is 250,000 U.S. military personnel deployed the opposition to this bill. I do rise in wonderful. They’ll even come and help overseas on six continents in 141 nations. It is opposition to expanding NATO. I do us out.’’ I see it as sad and tragic that little wonder, then, that when a crisis hit our not think it is in the best interests of we spent last year, I think it was over own shores—the treacherous attacks of Sep- the United States. The one thing that I $325 billion for national defense, and we tember 11—we were forced to call on foreign would concede, though, is that every- did not even have an AWACS plane to countries to defend American airspace! Our one in this Chamber, I believe, every protect us. military is spread so thin meddling in every Member agrees that our country should During that time when we had our corner of the globe, that defense of our own be strong; that we should have a strong tragedy in New York, we probably had homeland is being carried out by foreigners. national defense; and that we should do cities that we paid to protect better Rather than offer our blessings and open everything conceivable to make our than our own cities. If planes went our pocketbooks for the further expansion of country safe and secure. I certainly en- awry or astray in Korea or Haiti or NATO, the United States should get out of this dorse those views. It just happens that wherever, I think that they probably outdated and interventionist organization. I believe that membership in organiza- would have been shot down. I see this American foreign policy has been most suc- tions like NATO tends to do the oppo- as a tragedy. cessful when it focuses on the simple prin- site, tends to weaken us and also I hope we will all give some consider- ciples of friendship and trade with all countries makes us more vulnerable. But that is ation for nonintervention. and entangling alliances with none. a matter of opinion, and we have to de- Mr. Speaker, more than a decade ago one Mr. LANTOS. Mr. Speaker, I am very bate the merits of the issue and find of history’s great ideological and military con- pleased to yield 2 minutes to my distin- out what is best for our country. flicts abruptly ended. To the great surprise of guished colleague, the gentleman from I think the bill is motivated for two many, including more than a few in own gov- New York (Mr. HINCHEY). reasons. One is to increase the sphere ernment, the communist world and its chief Mr. HINCHEY. Mr. Speaker, I just of influence into Eastern Europe, who military arm, the Warsaw Pact, imploded. The wanted to take this opportunity to ex- will be the greatest influence on the Cold War, which claimed thousands of lives press a couple of concerns that I have

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.043 pfrm04 PsN: H07PT1 November 7, 2001 CONGRESSIONAL RECORD — HOUSE H7873 about this measure that is before us panding democratic free and open soci- Mr. Speaker, I would think as we this afternoon. It has been said a num- eties which was more palpable than look for the next year to come before ber of times on the floor here today today. the summit in Prague, we may well that the North Atlantic Treaty Organi- We have heard a great deal about consider giving our view as a Congress zation has been the most successful building a coalition against inter- on which additional countries seem to military alliance in history. I think national terrorism. The majority of have met most adequately the criteria that that is indisputable. It was cre- those so-called coalition members are for NATO expansion at that summit. ated in the aftermath of the Second police states and dictatorships. They Mr. Speaker, I believe the legislation World War to deal with a set of geo- will not fight for free and open and before us today makes a major con- political circumstances that presented democratic societies. They may oppose tribution. Its authorization levels are themselves to the world at that time. Osama bin Laden, they may oppose consistent with those the administra- Over the course of the succeeding 55 specific terrorist acts; but they are not tion has requested. years, NATO has served Europe, the in favor of what we are in favor of, a Finally I would just close my re- United States, Canada and indeed the free and open and democratic society. marks by citing two quotations from world very, very well. It prevented a And the top guarantee of that is the President William Clinton and Presi- third world war. And ultimately it was expansion of NATO. dent George W. Bush that are actually NATO and other factors that resulted Mr. Speaker, I yield back the balance cited in the legislation itself. in a very definitive change within the of my time. President Clinton said in a speech in Soviet Union. Mr. BEREUTER. Mr. Speaker, I yield Detroit in 1996, ‘‘NATO’s doors will not But now we are faced with a different myself such time as I may consume. close behind its first new members. set of circumstances. The geopolitical Mr. Speaker, I want to congratulate NATO should remain open to all of Eu- world in which we live today is in no the distinguished gentleman on his rope’s emerging democracies who are way similar to that which confronted comments in closing debate on his side ready to shoulder the responsibilities the West and other nations at the close of the aisle today. I would say that the of membership. No Nation will be auto- of the Second World War. We ought not gentleman from Texas who made re- matically excluded. No country outside to be thinking about expanding an en- marks in the well certainly makes his NATO will have a veto. A gray zone of tity that was created for a different comments from a very principled point insecurity must not reemerge in Eu- need and a different purpose at a dif- of view. His philosophy is exemplified rope.’’ ferent time. We ought to be thinking entirely by his comments here. I re- Then, in June of this year, President more about the circumstances in which spect his point of view on this issue al- George W. Bush at Warsaw said, ‘‘All of we find ourselves today. And while one though I disagree with it. To the dis- Europe’s new democracies, from the might argue that expanding NATO in tinguished gentleman from California Baltic to the Black Sea and all that lie the way that we have done recently (Mr. WAXMAN), the concerns he raises I between, should have the same chance and may do again in the context of this think are legitimate concerns, but I for security and freedom and the same suggestion here, this proposal, might would say in response to them, as the chance to join the institutions of Eu- not do any harm, the fact of the matter gentleman from California (Mr. LAN- rope as Europe’s old democracies have. is that at the very least it diminishes TOS) and this gentleman have both said I believe in NATO membership for all our likelihood to think of the world in in the past, the criteria for NATO of Europe’s democracies that seek it different ways, and that is really what membership, set out by the 19 existing and are ready to share the responsibil- we ought to do. members, are very tough. They insist ities that NATO brings. As we plan to NATO served us. We ought to now on economic progress, on substantial enlarge NATO, no nation should be begin to put it behind us and begin to movements towards democracy, on used as a pawn in the agenda of others. think about the world we live in in transparency in defense budgets, on ci- We will not trade away the fate of free ways in which are necessary to con- vilian control of the military, and on European peoples. No more Munichs, front the circumstances that we have interoperability. no more Yaltas. As we plan the Prague to deal with today. We ought not to be Some of these countries, even some Summit, we should not calculate how doing things, for example, that are in- of the seven listed for authorization for little we can get away with, but how sulting or might be taken as an insult assistance, are, frankly, some distance much we can do to advance the cause by Russia, because they are now in a away, undoubtedly, from meeting all of of freedom.’’ different relationship with the United the initial criteria. But the prospect Mr. BEREUTER. Mr. Speaker, I am States. for membership in the EU, the prospect pleased to yield 11⁄2 minutes to the gen- So I am concerned about this for for membership in the NATO alliance tleman from California (Mr. ROHR- those reasons, but primarily because it itself have been important incentives ABACHER). will prevent us from thinking about that are held out there for membership the world in ways in which we ought to to bring about change in these soci- Mr. ROHRABACHER. Mr. Speaker, I be thinking of it in order to address the eties. apologize for not being down here dur- different circumstances that confront ing the entire debate. I am the Chair of b 1245 us at this moment. the Subcommittee on Space and Aero- Mr. LANTOS. Mr. Speaker, I yield I think the House should be proud of nautics of the Committee on Science. myself such time as I may consume. its leadership in suggesting expansion We have a big discussion on the Space This debate is really why we need at the previous round of decisions on Station, which is another international NATO. The reason for creating NATO NATO expansion made in Madrid. The effort. is to preserve free and open societies. House of Representatives was really Let me say, I certainly support coop- The reason to have NATO is so that the the first entity in the world to suggest erative efforts like the International gentleman from Texas (Mr. PAUL) and it was appropriate to consider expan- Space Station, and I supported NATO the gentleman from California (Mr. sion of NATO. And as we looked at the when it was necessary. NATO served its WAXMAN) and others who spoke against Visegrad Four, we found and encour- purpose. It protected us against the So- NATO expansion should have the op- aged very specifically membership for viet invasion of Western Europe. Now portunity to speak freely and openly, the countries of Poland, Hungary and the Cold War is over. The best thing we not just in the United States but the Czech Republic, that had made the can do now is to try to promote democ- throughout Europe, throughout an ex- necessary commitments and that met racy in Russia, and expanding NATO panding and open and democratic Eu- the criteria set forth. It was only a dis- goes in exactly the opposite direction. rope. We are creating NATO so people appointment to both the other body It slaps the Russians in the face. in Latvia, Lithuania, Estonia, Slovakia and this House that Slovenia, a newly I believe the Europeans can now de- and elsewhere should have the same op- independent country, was not also in- fend themselves. We no longer should portunities we have here. There has cluded in the first round, because we be subsidizing their defense. Expanding never been more need for a military al- felt that they as well had met the cri- NATO just puts us more into the posi- liance dedicated to preserving and ex- teria for membership. tion of subsidizing people’s defense far

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.045 pfrm04 PsN: H07PT1 H7874 CONGRESSIONAL RECORD — HOUSE November 7, 2001 away who can manage their own de- purpose? Was there a role in it for Russia, We should hear loud echoes of this meeting fense. It also takes away from our abil- and if so, how central a role? A few Western in Texas. There, Putin can safely agree to ity to cope with the real challenge to leaders, starting with Britian’s Tony Blair, enlarging NATO yet again. Before Sept. 11, had in one degree or another concluded that he deplored this idea, especially the prospect world freedom and peace today, which Western and Russian strategic interests had of admitting the Baltic nations, because he we will find in Asia in the form of an converged, and that collective security ar- and his advisers saw it as bringing NATO expansionary and belligerent Com- rangements that lacked Russian participa- into space that Russians are accustomed to munist China. tion no longer made sense. But if anyone was influencing, if not controlling. But this con- Lastly, let us note that we are en- shuffling the new deck after Sept. 11, it was cern becomes moot as he moves to acquire a gaged in a war right now, a war against Putin. He was the first to call Bush after the serious role in revised Western security ar- terrorism and a war in Central Asia. attacks. he agreed not to oppose the use of rangements and to segue into Europe on his Being part of NATO has not really bases in Uzbekistan and elsewhere in Central own. attacks. He agreed not to oppose the use of Moreover, a bloated alliance operating by helped us. In fact, the billions of dol- bases in Uzbekistan and elsewhere in Central consensus will not be close to the center of lars we spend in NATO can be used by Asia for strikes against the Taliban. He vis- political action. More and more, the center our own troops in that battle, and only ited German Chancellor Gerhard Schroeder will lie wherever the key players, notably a limited amount of support has come and wowed the Bundestag with a speech de- the United States and Russia, locate it. To- from our NATO allies, the British and livered in fluent German, studded with day’s security threats are not military, and Italians, who would be giving it to us quotations from Goethe and Schiller, that NATO is not equipped to help much in the anyway. They would be with us any- portrayed Russia as rooted in European val- struggle against terrorism and weapons pro- liferation. Counterterrorism, for example, is way, without us having to spend tens of ues. On Oct. 3 Putin had a long private meeting much more of an intelligence and police billions of dollars a year on NATO. in Brussels with NATO Secretary General function than a military one, and Wash- While I respect my colleagues, espe- Lord George Robertson, with whom he en- ington will be increasingly reluctant to rely cially Jerry Solomon and the gen- joys discussing security issues. Soon there- on NATO for other than peacekeeping tasks. tleman from Nebraska (Mr. BEREUTER) after, I was shown an official account of NATO itself could become absorbed in solv- and the gentleman from California (Mr. what the two men said. The conversation ing problems between its members. LANTOS), I would suggest that expand- pointed up Putin’s resolve to anchor Russia Although Putin won’t be deflected, he will ing NATO is not a good idea. to the West, and the intensity of his hatred have to show critics at home some return on his bold move toward the West. Embedding Mr. BLUMENAUER. Mr. Speaker, today we of the Taliban and radical Islam. In the meeting, Putin cited nuclear pro- Russia in the world economy is probably his debated H.R. 3167 on the House floor, legisla- liferation as the main threat confronting the first priority. But accomplishing this will re- tion to encourage further expansion of the world. He said there was a plot afoot to kill quire Russian membership in the World Northern Atlantic Treaty Organization (NATO) Pakistan’s president, Gen. Pervez Musharraf. Trade Organization, even though well-posi- to include Eastern European countries such as If that happened, he wondered, who would tioned Russians see the organization as a Romania, Estonia, Latvia, Lithuania, and Bul- control Pakistan’s nuclear weapons? And he conspiracy of multinational companies to garia. I want to share with my colleagues an answered his own question in stark, if pecu- exploit Russian assets. Putin also wants and opinion piece that ran recently in the Wash- liar, terms: Osama bin Laden, he said, call- probably needs a trade agreement with the ing the terrorist leader ‘‘the defense min- European Union. Members are sympathetic, ington Post which raises what I feel are some ister.’’ As for the Taliban, he said it would be but unlikely to grant one unless and until of the critical issues regarding continued ex- a great mistake to remove the leaders but Putin has maneuvered WTO membership. pansion of the NATO alliance. Written by Jon- leave the Taliban in power. The Taliban is They need to see Russia establishing itself as athan Newhouse, a senior advisor at the Cen- Afghanistan, he declared, and proposed a a serious player and fully capable of living ter for Defense Information, this article empha- conference to bring together all the anti- up to commitments. sizes that the key issue is not the future of Taliban forces in Afghanistan. The meeting with Bush could help anchor Russia to the West, politically and probably NATO, but the importance of including Russia But Topic A was the Russian link to NATO. Neither man saw any reason Russia economically. Putin may expect Washington in future collective security arrangements in shouldn’t be a member. Noting that Robert- to advance his WTO prospects by asking EU Europe. I found his thoughts helpful and I en- son was the first to understand that Russia governments to join in pushing to relax the courage my colleagues to review this. poses no threat to the alliance, Putin said standards for Russian membership. [From the Washington Post, Nov. 3, 2001] his country should be a primary NATO ally. Putin may not object—at least not strong- A NEW ALLIANCE COULD NUDGE ASIDE THE But he said that Russia would have to be ly—to the Bush plan for a national missile OLD consulted on common security issues, or it defense if he convinces himself that the project may eventually fall of its own (By John Newhouse) would be isolated on the periphery of secu- rity, which would be in no one’s interest. He weight. Agreeing to kill the ABM Treaty, as The terrorist threat laid bare on Sept. 11 is wasn’t asking for membership as such, but distinct from amending it, would be very transforming global security arrangements. rather a central political involvement. tough for him. While the treaty is about Already, it is pushing Washington and other Putin declared that Russia would not stand arms control, it is also seen in Moscow as an major capitals toward a historic makeover of in the queue to be admitted into the alli- agreement between great powers and, as the security system the United States and ance, like countries on whose membership such, of great political value. If he and Bush its European allies have relied upon for half nothing depends. Robertson replied that he were to produce a new and verifiable bilat- a century. And much of the energy for that understood this, but he was no reason Mos- eral agreement dealing with steep reductions push is coming from an improbable source: cow shouldn’t apply. Both sides, he said, of strategic weapons, it would play very well Russia—or, more precisely, its president, needed to stop the diplomatic sword dance in Moscow. Prospects for an agreement of Vladimir Putin. over Russian membership. Putin restated his that kind are good, although just how bind- Putin’s broad purpose—to link his ailing, reluctance to wait in line, but said he did ing it might be is unclear, and the impor- self-absorbed country to the United States want a full-fledged, mature relationship with tance Russians attach to locking the United while moving it into the European main- NATO. He wondered if Robertson and Rus- States into a formal agreement cannot be stream—has been gathering force for some sian experts could work jointly on the ques- overstated. time. Even before Sept. 11, he was taking a tion. The shell of the egg won’t be filled over- more accommodating line on President The Russian president tried to highlight night. Putin’s romancing of major Western Bush’s foremost priorities—missile defense, the opportunity he was offering the West by capitals will have to be accompanied by in- modification of the ABM Treaty, and further telling Robertson that he expected to be in ternal reforms, including democratic ones. enlargement of NATO, the Western security office only four years at most. All his values, And he will have to hold up the Russian end alliance. Since the attacks, the Russian’s he said, were Western. But he warned that of any bargain, especially by helping to dis- tone has become even more acquiescent, his successors may have a different view of courage the proliferation of truly frightful enough to raise concerns in Western capitals European security—thereby underlining up weapons and playing a full part in inter- that he has maneuvered himself far in front the developing gap between him and other connected programs aimed at curbing orga- of his national security apparatus and polit- key players in Moscow. nized crime, drug trafficking and money ical base. When he meets with Bush in Wash- Robertson noted that the two sides could laundering, etc. Also, in most Western cap- ington and Crawford, Tex., later this month, focus on a few specific areas of cooperation— itals, including London, there are senior bu- the two men can be expected to start a proc- terrorism, air-sea rescue, Kosovo and Bosnia. reaucrats who resist major change, espe- ess aimed at moving their countries into a He also raised the idea of a conference on cially change that benefits Russia and ap- shifting strategic environment. And that military responses to terrorism jointly spon- pears to weaken NATO. France, for one, may move could edge NATO, the centerpiece of sored by NATO and Russia, an idea Putin have mixed feelings about NATO, but it will America’s security relationship with Europe, liked. The conversation ended with Putin, see stronger Russian involvement as accel- to the sidelines. perhaps revealingly, asking Robertson to erating movement of the center of political Well, before Sept. 11, NATO was the object pass on his regards to Bush, whose name had gravity eastward, a shift that has been un- of some tough questions: Did it still have a not arisen. derway since German unification.

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.046 pfrm04 PsN: H07PT1 November 7, 2001 CONGRESSIONAL RECORD — HOUSE H7875 Change is nonetheless underway, as Sec- ful veteran and you have held Parliamentary of Gross Domestic Product on defense by 2002 retary of State Colin Powell made clear in elections. The political landscape in the is a critical benchmark. Shanghai last month, when he ventured the United States, too, has changed. We now Now, the members of this body must make lapidary phrase: ‘‘Not only is the Cold War have a ‘‘new’’ President and a new Congress. the difficult choices to ensure your national over, the post-Cold War period is also over.’’ But one thing has not changed. The bond of budget reflects this priority. And while budg- (John Newhouse is a senior fellow at the friendship between the people of Lithuania et choices are never easy, the longterm bene- Center for Defense Information.) and the people of the United States remains fits of today’s national security expenditures Mr. HASTERT. Mr. Speaker, I rise in sup- strong. Our admiration of Lithuania’s strug- will certainly pay off for years to come. gle for freedom and democracy remains con- On regional security questions, too, Lith- port today of the Gerald B. H. Solomon Free- uania has shown a high level of commitment. dom Consolidation Act of 2001, a bill appro- stant. You can count on America’s lasting friendship. Your efforts to seek common ground with priately named after my good friend Jerry Sol- As our new President develops his legisla- Russia regarding Kaliningrad and your rela- omon, who passed away last month. Jerry tive agenda and as the new Congress works tionship with Belarus continues to be han- was a fine man who truly cared about NATO to implement it, there are significant dif- dled with great finesse. You and Poland have and the leading contenders for NATO admis- ferences between the political parties, dif- built a strong partnership. And Lithuania’s continued good relations with Baltic and ferences we debate peacefully, but with great sion. I support this bill, because I support the Nordic nations are vital. further enlargement of NATO alliance, as well passion. Some are too quick to forget the tortured For example, my party, the Republicans, as the inclusion of those seven countries that years Lithuania endured as a captive nation. believe in a smaller federal government, are candidates for NATO admission. If these For five decades, the shackles of totali- leaving more power to the States and local tarianism bound Lithuania. But you never democracies are willing to meet their responsi- Governments and most importantly to the bility of membership, I see no reason why they gave up. people themselves. We support a tax policy And for those 50 years, America steadfastly should not be able to enter this defensive alli- that leaves more money in the pockets of the refused to acknowledge this illegal and im- ance, and join their fellow members in pre- people who earned it so they can spend it as moral Soviet action. It would be equally serving peace, freedom and democracy. they see fit, rather than government col- wrong now, for NATO to fail to embrace the These seven worthy nations are our friends, lecting it and then spending it. Our worthy wishes of freedom loving Lithuanians. and I look forward to the day we can welcome opponents, the Democratic Party, have a During my last visit to Lithuania, I had somewhat different view. We respect our dif- them as members. I would now like to intro- the opportunity to visit your KGB museum. ferences because the struggle of ideas is the I must tell you it was a very moving experi- duce a speech I made in March to the Lithua- heart of a true democracy. ence to see firsthand the brutal methods em- nian Parliament, in which I made the case for But one place where we do not disagree— ployed by the Soviet secret police and the Lithuania’s inclusion into NATO. where our Congress is united—is on the sub- sinister tactics designed to strip this nation SPEAKER J. DENNIS HASTERT ADDRESSES ject of NATO expansion. Democrats and Re- of its unique identity and proud history. LITHUANIAN PARLIAMENT, MARCH 2001 publicans alike believe in the ‘‘open door’’ We all pray that this terrible period in Eu- Mr. Chairman, Members of the Seimas, dis- policy of NATO enlargement and both ropean history has been relegated to muse- tinguished guests: strongly endorsed the process begun at the ums and history books along with the fall of I am deeply honored to be here today. 50th NATO Summit held in Washington. Can- Soviet communism. Two years ago, just a few months after I didate Bush, now President Bush, supports But, sadly, as we witnessed in the Balkans, became the Speaker of the United States the idea that another around of invitations Europe was not rid entirely of the cancer of House of Representatives, you were kind for membership be issued at the Prague aggression. Today in the southern Balkans, enough to invite me to address this Par- Summit in 2002. He made that clear in a let- as ethnic tensions simmer, Lithuanian liament. The opportunity to speak to you ter to President Adamkus last May. troops stand shoulder-to-shoulder with US was one of the first honors given to me by No democracy in Europe that is prepared forces, keeping the peace. Clearly this is an- another government. What made it even to meet the responsibilities of membership other example that Lithuania already is sup- more special was the fact that it was an invi- should be denied full participation in NATO. porting the collective security of all Europe. tation from you, the representatives of the And no nation should fear the expansion of a But the American-Lithuanian relationship is not—and should not be—based solely on People of Lithuania, a people, like my own defensive alliance which has done so much to the traditional definition of mutual security. countrymen, who love freedom and know its encourage freedom and democracy and pre- Our growing economic bond is critical to our heavy price. serve the peace on this continent. Last month I was traveling in the State of That is why it is worth remembering that continued good relations. And with Lithuania’s economic reorienta- Virginia—a part of my country that was the the Helsinki Act of 1975—a document her- tion toward the West—helping to slash infla- home of some of America’s most famous alded as a cornerstone for European security tion from 1,163 percent in 1992 to less than ‘‘Founding Fathers.’’ One was a man named and cooperation—declares that ‘‘the partici- one percent in 1999—there is no doubt that Patrick Henry. The school children in the pating states . . . have the right . . . to be or more U.S. investment will follow. Lithuania United States are taught a famous line from not to be a party to bilateral or multi-lateral rightly looks toward America and Europe, one of Patrick Henry’s fiery speeches which treaties, including the right to be or not to while not disregarding Russia, for its in- be a party to treaties of alliance.’’ Our he gave during our War of Independence. In creased economic integration. just six simple but passionate words he friends in Russia, who are signatories to the Further, Lithuania’s entry in the World summed up the resolve of a people struggling Helsinki Act, should not fear Lithuania’s Trade Organization and progress toward Eu- to be free when he said: ‘‘Give me liberty, or membership in a defensive alliance like ropean Union membership—which I sup- give me death!’’ Patrick Henry’s Comrades those sanctioned by the accord. port—are critical steps in your efforts to I pledge to you that if Lithuania invests in Arms, went on to sign a Declaration of broaden trade relations. I read recently that the resources necessary to meet the require- Independence where they pledged to each the joint Wall Street Journal-Heritage Foun- other, ‘‘our Lives, our Fortunes and our sa- ments of NATO membership, I will do all in dation Index for Economic Freedom called cred Honor.’’ my power to bring Lithuania into the alli- the Lithuanian economy ‘‘the most improved Most of us who serve in the Congress of the ance in 2002. economy in the history of the index’’. With a I intend to work side-by-side with Presi- United States, and many of you who serve record like that, I have no doubt that Lith- dent Bush, Vice President Cheney, and Sec- here, have never had to risk our lives to pre- uania can achieve every economic goal she retaries Powell and Rumsfeld to make this a serve our liberty. But many men and women, sets for herself. on whose shoulders we stand, have done so, reality. The people of Lithuania and the people of on battlefields around the world and even in Lithuania has further to go to achieve the United States are bound by a love of the streets of our own capitals. NATO membership, but we must not forget freedom, by a desire to defend democracy, Once again today, while entering this Par- how far Lithuania has come in 10 short and by a faith in the free-market system. liament Building, I passed the spot where years. This nation has already taken essen- We are also bound together by the one mil- some of you literally manned the barricades tial steps on the road to full NATO participa- lion Lithuanians who now call America and stood your ground to defend the right of tion. Lithuania continues to be a reliable home. Many of the Lithuanian-Americans the Lithuanian people to govern themselves. member in the Partnership for Peace, an im- live in my home state of Illinois, in the great As Speaker, I often ask my members to portant testing ground for compatibility city of Chicago. In fact, it was in Chicago make difficult decisions and cast difficult with NATO forces; Lithuania has employed where I first met many of your political votes. But I have never had to ask them to the NATO Membership Action Plan to focus leaders, including your President, Val risk their very lives as some of you have defense resources and establish military pri- Adamkus. done. To those of you were served in this orities; And Lithuania played a pivotal role Earlier today, I was honored by President body during those dark and difficult days, let in making the ‘‘Vilnius-9’’ process one of co- Adamkus as he awarded me the Order of the me thank you on behalf of freedom loving operation, rather than competition. Grand Duke Gediminas (pronounced GET-A- men and women everywhere, for your cour- In addition, you are to be commended on ME-NAS). age and your example. your commitment to national defense spend- Later today, I will be presented the title of Some things have changed since I was last ing. Your Prime Minister’s reaffirmation of Honorary Citizen of Vilnius. One of Amer- here. Your ‘‘new’’ President is now a success- the government’s plan to dedicate 2 percent ica’s most beloved Presidents, Ronald

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.021 pfrm04 PsN: H07PT1 H7876 CONGRESSIONAL RECORD — HOUSE November 7, 2001 Reagan, a fellow native of Illinois, was the emerging democracies in Central and Eastern Culberson Johnson (IL) Pomeroy first recipient of this title. In 1984 President Cummings Johnson, E. B. Portman Europe it will invite to join during the next Cunningham Kanjorski Price (NC) Reagan said, and it is still true today, ‘‘We round of NATO enlargement. live in a time of challenges to peace, but also Davis (CA) Kaptur Pryce (OH) Davis (FL) Keller Putnam of opportunities to peace. Through times of A few weeks ago, Russian President Putin declared that Moscow is prepared to recon- Davis (IL) Kelly Quinn difficulty and frustration, America’s highest Davis, Tom Kennedy (MN) Radanovich aspiration has never wavered. We have and sider its opposition to NATO expansion into DeGette Kennedy (RI) Rahall we will continue to struggle for a lasting states of the former Soviet Union as part of its Delahunt Kildee Ramstad peace that enhances dignity for men and changing security relationship with the West DeLauro Kind (WI) Rangel women everywhere.’’ since the terrorist attacks of Sept. 11. DeMint King (NY) Regula Deutsch Kingston Rehberg Both of these honors I accept on behalf of Mr. Speaker, a word about our current the many Lithuanian-Americans who have Diaz-Balart Kirk Reyes Dicks Kleczka Reynolds contributed so much to my country, and who NATO allies is in order today as we approach the two-month anniversary of the murderous Dingell Knollenberg Riley keep the great nation of Lithuania in their Dooley Kolbe Rivers hearts and in their prayers. attacks on America on September 11. Doolittle Kucinich Rodriguez Our sixth American President, John Americans were enormously grateful and re- Doyle LaFalce Roemer Adams said: ‘‘whenever the standard of free- assured by the decision of our NATO allies, in Dreier LaHood Rogers (KY) dom and independence has been unfurled, unprecedented action, to invoke Article 5 of Dunn Lampson Rogers (MI) there will be America’s heart, her bene- Edwards Langevin Ros-Lehtinen the NATO Charter. At the time, this was a Ehlers Lantos Ross dictions and her prayers.’’ Lithuania has un- most important signal that the international furled the standard of freedom. May God Ehrlich Largent Rothman Emerson Larsen (WA) Roukema bless you and all the people of Lithuania as community will stand beside the United States in our fight against terrorism. Engel Latham Roybal-Allard He has blessed the United States of America. English LaTourette Royce Thank you. Today, NATO nations are cooperating with Eshoo Leach Rush Mrs. ROUKEMA. Mr. Speaker, I rise in our war against terrorism on many different Etheridge Levin Ryan (WI) strong support of H.R. 3167 and in strong sup- levels and through many different activities. Evans Lewis (CA) Ryun (KS) Farr Lewis (GA) Sabo port of the goal of NATO expansion. This should go a along way toward silencing Fattah Lewis (KY) Sanchez I thank the Chairman of the International the critics who claim that the U.S.–NATO rela- Ferguson Linder Sandlin Relations Committee for expediting consider- tionship is a one-way street. Here is a con- Filner Lipinski Sawyer ation of the bill and I would like to associate crete example of NATO providing important Fletcher LoBiondo Saxton Foley Lowey Schaffer myself with his remarks. support to America in America’s time of need. Forbes Lucas (KY) Schiff Mr. Speaker, I have served as an active Mr. Speaker, I urge strong support for H.R. Ford Lucas (OK) Schrock Member of the U.S. House delegation to the 3167. Fossella Luther Scott NATO Parliamentary Assembly—the legisla- The SPEAKER pro tempore (Mr. DAN Frelinghuysen Lynch Serrano Frost Maloney (CT) Sessions tive arm of this vital organization—for nearly a MILLER of Florida). All time for debate Gallegly Maloney (NY) Shadegg decade. Over those years, we have engaged has expired. Gekas Manzullo Shaw in active discussions of matters relating to Pursuant to House Resolution 277, Gephardt Markey Shays trade, financial services, labor policy and en- the previous question is ordered. Gibbons Mascara Sherwood Gilchrest Matheson Shimkus gaged our European partners in important dis- The question is on the engrossment Gillmor Matsui Shows cussions regarding the role of NATO in such and third reading of the bill. Gilman McCarthy (MO) Shuster regional conflicts as that in the Balkans. The bill was ordered to be engrossed Gonzalez McCarthy (NY) Simmons These vigorous discussions, led for years by Goodlatte McCollum Simpson and read a third time, and was read the Gordon McCrery Skeen our late Colleague Jerry Solomon, and now by third time. Goss McDermott Skelton our distinguished colleague—the gentleman The SPEAKER pro tempore. The Graham McGovern Smith (MI) from Nebraska, Mr. BEREUTER—have en- question is on the passage of the bill. Granger McHugh Smith (NJ) Graves McInnis Smith (TX) hanced communication among our govern- The question was taken; and the Green (TX) McIntyre Smith (WA) ments and thereby strengthened our national Speaker pro tempore announced that Green (WI) McKeon Solis security. I must make specific and sincere rec- the ayes appeared to have it. Greenwood McNulty Souder ognition of Jerry Solomon. He was an inter- Grucci Meehan Spratt Mr. BEREUTER. Mr. Speaker, on Gutierrez Meek (FL) Stenholm national leader and it is most appropriate that that I demand the yeas and nays. Gutknecht Menendez Strickland he be identified in this legislation. The yeas and nays were ordered. Hall (OH) Mica Stupak In the last dozen years, various administra- The SPEAKER pro tempore. Pursu- Hall (TX) Millender- Sununu tions—Democrat and Republican alike—and Hansen McDonald Tanner ant to clause 8 of rule XX, this vote Hart Miller, Dan Tauscher Congresses—Democratic-controlled and Re- will be followed by a 5-minute vote on Hastings (FL) Miller, Gary Tauzin publican-controlled—have supported expand- the motion to suspend the rules and Hastings (WA) Miller, Jeff Taylor (MS) ing the North Atlantic Treaty Organization Hayes Mink Taylor (NC) agree to House Resolution 262 and on Hayworth Mollohan Terry (NATO) to include newly democratic states in approval of the Journal, if ordered. Hefley Moore Thomas Eastern Europe and the former Soviet Union. The vote was taken by electronic de- Herger Moran (KS) Thompson (CA) In the NATO Participation Act of 1994, Con- vice, and there were—yeas 372, nays 46, Hill Moran (VA) Thompson (MS) gress declared that full and active participants Hilleary Morella Thornberry not voting 14, as follows: Hilliard Murtha Thune in the Partnership for Peace program (which [Roll No. 431] Hinojosa Myrick Thurman provides U.S. military assistance to former Hobson Napolitano Tiahrt YEAS—372 Warsaw Pact nations) should be invited to be- Hoeffel Neal Tiberi come full NATO members. Abercrombie Biggert Camp Hoekstra Nethercutt Toomey Ackerman Bilirakis Cantor Holden Ney Towns In the NATO Enlargement Facilitation Act of Aderholt Bishop Capito Honda Northup Traficant 1996, Congress called for the prompt admis- Allen Blagojevich Capps Hooley Norwood Turner sion of Poland, Hungary, the Czech Republic Andrews Blunt Capuano Horn Nussle Udall (CO) Armey Boehlert Cardin Hostettler Oberstar Udall (NM) and Slovenia to NATO. It also declared that Baca Boehner Carson (IN) Houghton Olver Upton ‘‘in order to promote economic stability and Bachus Bonilla Castle Hoyer Ortiz Velazquez security in Slovakia, Estonia, Latvia, Lithuania, Baird Bonior Chabot Hulshof Osborne Visclosky Romania, Bulgaria, Albania, Moldova, and Baker Bono Chambliss Hunter Ose Vitter Baldacci Borski Clay Hyde Owens Walden Ukraine. And Congress signaled that we Baldwin Boswell Clayton Inslee Oxley Walsh should not just be considering the emerging Ballenger Boucher Clement Isakson Pallone Wamp democracies in Central and Eastern Europe. Barcia Boyd Clyburn Israel Pascrell Waters Barrett Brady (PA) Combest Issa Pastor Watkins (OK) But we also should consider the candidacies Barton Brady (TX) Cooksey Istook Pelosi Watson (CA) of Poland, Hungary, the Czech Republic, and Bass Brown (FL) Costello Jackson (IL) Peterson (MN) Watts (OK) Slovenia. Becerra Brown (OH) Cox Jackson-Lee Peterson (PA) Weiner These sentiments were reaffirmed by Con- Bentsen Brown (SC) Coyne (TX) Petri Weldon (FL) Bereuter Bryant Cramer Jefferson Phelps Weldon (PA) gress in the European Security Act of 1998. Berkley Burr Crane Jenkins Pickering Weller Late next year, NATO will hold a summit in Berman Callahan Crenshaw John Pitts Wexler Prague, at which it will decide which additional Berry Calvert Crowley Johnson (CT) Platts Whitfield

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.023 pfrm04 PsN: H07PT1 November 7, 2001 CONGRESSIONAL RECORD — HOUSE H7877 Wicker Woolsey Young (AK) Barr Ferguson Leach Rogers (KY) Simpson Toomey Wilson Wu Young (FL) Barrett Filner Lee Rogers (MI) Skeen Towns Wolf Wynn Bartlett Fletcher Levin Rohrabacher Skelton Traficant Barton Foley Lewis (CA) Ros-Lehtinen Slaughter Turner NAYS—46 Bass Forbes Lewis (GA) Ross Smith (MI) Udall (CO) Akin Frank Pence Becerra Ford Lewis (KY) Rothman Smith (NJ) Udall (NM) Barr Goode Pombo Bentsen Fossella Linder Roukema Smith (TX) Upton Bartlett Harman Rohrabacher Bereuter Frank Lipinski Roybal-Allard Smith (WA) Velazquez Blumenauer Hinchey Sanders Berkley Frelinghuysen LoBiondo Royce Snyder Visclosky Cannon Holt Sensenbrenner Berman Frost Lowey Rush Solis Vitter Carson (OK) Johnson, Sam Sherman Berry Gallegly Lucas (KY) Ryan (WI) Souder Walden Coble Jones (NC) Slaughter Biggert Gekas Lucas (OK) Ryun (KS) Spratt Walsh Collins Kerns Snyder Bilirakis Gephardt Luther Sabo Stark Wamp Condit Lee Stark Bishop Gibbons Lynch Sanchez Stearns Watkins (OK) Davis, Jo Ann McKinney Stump Blagojevich Gillmor Maloney (CT) Sanders Stenholm Watson (CA) Deal Miller, George Tancredo Blumenauer Gilman Maloney (NY) Sandlin Strickland Watt (NC) DeFazio Nadler Tierney Blunt Gonzalez Manzullo Sawyer Stupak Watts (OK) Doggett Obey Watt (NC) Boehlert Goode Markey Saxton Sununu Waxman Duncan Otter Waxman Boehner Goodlatte Mascara Schaffer Tancredo Weiner Everett Paul Bonilla Gordon Matheson Schiff Tanner Weldon (FL) Flake Payne Bonior Goss Matsui Schrock Tauscher Weldon (PA) Bono Graham McCarthy (MO) Scott Tauzin Weller NOT VOTING—14 Borski Granger McCarthy (NY) Sensenbrenner Taylor (MS) Wexler Burton Ganske Meeks (NY) Boswell Graves McCollum Serrano Taylor (NC) Whitfield Buyer Jones (OH) Schakowsky Boucher Green (TX) McCrery Sessions Terry Wicker Conyers Kilpatrick Stearns Boyd Green (WI) McDermott Shadegg Thomas Wilson Cubin Larson (CT) Sweeney Brady (PA) Greenwood McGovern Shaw Thompson (CA) Wolf DeLay Lofgren Brady (TX) Grucci McHugh Shays Thompson (MS) Woolsey Brown (FL) Gutierrez McInnis Sherman Thornberry Wu b 1314 Brown (OH) Gutknecht McIntyre Sherwood Thune Wynn Brown (SC) Hall (OH) McKeon Shimkus Thurman Young (AK) Shows Tiahrt Young (FL) Messrs. STUMP, JONES of North Bryant Hall (TX) McKinney Shuster Tiberi Carolina, CARSON of Oklahoma, Burr Hansen McNulty Simmons Tierney PENCE, KERNS, AKIN and OTTER Callahan Harman Meehan changed their vote from ‘‘yea’’ to Calvert Hart Meek (FL) NAYS—4 Camp Hastings (FL) Menendez Dreier Kolbe ‘‘nay.’’ Cannon Hastings (WA) Mica Flake Waters Mr. SESSIONS and Mrs. CLAYTON Cantor Hayes Millender- changed their vote from ‘‘nay’’ to Capito Hayworth McDonald NOT VOTING—18 Capps Hefley Miller, Dan Burton Gilchrest Meeks (NY) ‘‘yea.’’ Capuano Herger Miller, Gary Buyer Hunter Peterson (MN) So the bill was passed. Cardin Hill Miller, George Conyers Jones (OH) Quinn Carson (IN) Hilleary Miller, Jeff The result of the vote was announced Cubin Kilpatrick Schakowsky Carson (OK) Hilliard Mink as above recorded. DeLay LaFalce Stump Castle Hinchey Mollohan Ganske Lofgren Sweeney A motion to reconsider was laid on Chabot Hinojosa Moore the table. Chambliss Hobson Moran (KS) b 1324 Stated for: Clay Hoeffel Moran (VA) Mrs. BIGGERT changed her vote Mr. LARSON of Connecticut. Mr. Speaker, Clayton Hoekstra Morella Clement Holden Murtha from ‘‘nay’’ to ‘‘yea.’’ on rollcall No. 431, I was detained on legisla- Clyburn Holt Myrick So (two-thirds having voted in favor tive business. Had I been present, I would Coble Honda Nadler Collins Hooley Napolitano thereof) the rules were suspended and have voted ‘‘yea.’’ the concurrent resolution was agreed Stated against: Combest Horn Neal Condit Hostettler Nethercutt to. Mr. STEARNS. Mr. Speaker, on rollcall No. Cooksey Houghton Ney The result of the vote was announced 431, I was unavoidably detained. Had I been Costello Hoyer Northup as above recorded. present, I would have voted ‘‘nay.’’ Cox Hulshof Norwood Coyne Hyde Nussle A motion to reconsider was laid on f Cramer Inslee Oberstar the table. Crane Isakson Obey f b 1315 Crenshaw Israel Olver Crowley Issa Ortiz THE JOURNAL EXPRESSING SENSE OF CONGRESS Culberson Istook Osborne Cummings Jackson (IL) Ose The SPEAKER pro tempore. Pursu- REGARDING WTO ROUND OF NE- Cunningham Jackson-Lee Otter ant to clause 8 of rule XX, the pending GOTIATIONS IN DOHA, QATAR Davis (CA) (TX) Owens Davis (FL) Jefferson Oxley business is the question of agreeing to The SPEAKER pro tempore (Mr. DAN Davis (IL) Jenkins Pallone the Speaker’s approval of the Journal MILLER of Florida). The unfinished Davis, Jo Ann John Pascrell of the last day’s proceedings. business is the question of suspending Davis, Tom Johnson (CT) Pastor Pursuant to clause 1, rule I, the Jour- Deal Johnson (IL) Paul the rules and agreeing to the concur- DeFazio Johnson, E. B. Payne nal stands approved. rent resolution, H. Con. Res. 262. DeGette Johnson, Sam Pelosi f The Clerk read the title of the con- Delahunt Jones (NC) Pence DeLauro Kanjorski Peterson (PA) REMOVAL OF NAME OF MEMBER current resolution. DeMint Kaptur Petri AS COSPONSOR OF H.R. 2149 The SPEAKER pro tempore. The Deutsch Keller Phelps question is on the motion offered by Diaz-Balart Kelly Pickering Mr. DICKS. Mr. Speaker, I ask unani- the gentleman from Pennsylvania (Mr. Dicks Kennedy (MN) Pitts mous consent to withdraw my name as Dingell Kennedy (RI) Platts a cosponsor of H.R. 2149. ENGLISH) that the House suspend the Doggett Kerns Pombo rules and agree to the concurrent reso- Dooley Kildee Pomeroy The SPEAKER pro tempore. Is there lution, H. Con. Res. 262, on which the Doolittle Kind (WI) Portman objection to the request of the gen- yeas and nays are ordered. Doyle King (NY) Price (NC) tleman from Washington? Duncan Kingston Pryce (OH) There was no objection. This is a 5-minute vote. Dunn Kirk Putnam The vote was taken by electronic de- Edwards Kleczka Radanovich f vice, and there were—yeas 410, nays 4, Ehlers Knollenberg Rahall Ehrlich Kucinich Ramstad REMOVAL OF NAME OF MEMBER not voting 18, as follows: Emerson LaHood Rangel AS COSPONSOR OF H.R. 2180 [Roll No. 432] Engel Lampson Regula English Langevin Rehberg Mr. HILLIARD. Mr. Speaker, I ask YEAS—410 Eshoo Lantos Reyes unanimous consent to remove my Abercrombie Andrews Baker Etheridge Largent Reynolds name from cosponsorship of H.R. 2180. Ackerman Armey Baldacci Evans Larsen (WA) Riley The SPEAKER pro tempore. Is there Aderholt Baca Baldwin Everett Larson (CT) Rivers Akin Bachus Ballenger Farr Latham Rodriguez objection to the request of the gen- Allen Baird Barcia Fattah LaTourette Roemer tleman from Alabama?

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.009 pfrm04 PsN: H07PT1 H7878 CONGRESSIONAL RECORD — HOUSE November 7, 2001 There was no objection. Ray was involved in virtually every national coalition against terrorism in the face of overriding, passionately held views f aspect of community life in Sac- ramento. He was by profession an in- on local issues, particularly the Israeli-Pal- ANNOUNCEMENT BY THE SPEAKER estinian conflict. surance man, but he was also involved PRO TEMPORE Hezbollah, whose name is Arabic for Party in banks and the cable TV industry. He of God, was listed by the State Department The SPEAKER pro tempore. The was a longtime volunteer in numerous on Friday, along with 21 other groups—a Chair wishes to announce it will enter- civic organizations. number of them Palestinian supporters op- tain 1-minute and 5-minute special or- Our community benefited from Ray posed to the faltering Middle East peace ef- ders until 2 o’clock today. Butler’s involvement in it for many, forts—as a terrorist organization whose fi- nancial resources should be cut off. f many years. Our hearts go out to his Those groups join the list that already in- COMMENDING THE WORLD CHAM- wife and family in this time of loss. cludes groups under the control of or with PION ARIZONA DIAMONDBACKS Mr. Speaker, Sacramento has lost a ties to Osama bin Laden, who is suspected of champion, a lion of its community. We being behind the Sept. 11 attacks on the (Mr. FLAKE asked and was given were the better for his presence and we World Trade Center and the Pentagon. permission to address the House for 1 are the lesser for his passing. The American action on Friday imposed minute and to revise and extend his re- stringent financial sanctions on the 22 marks.) f groups. The government seized any assets of Hezbollah in the United States long ago, but Mr. FLAKE. Mr. Speaker, I rise b 1330 the latest move is seen as putting pressure today to commend the world champion on Arab governments to crack down on the Arizona Diamondbacks. SPECIAL ORDERS fund-raising activities of Hezbollah and On Sunday night, the Arizona The SPEAKER pro tempore (Mr. DAN other groups on the list. Diamondbacks engaged New York in MILLER of Florida). Under the Speak- The widespread Lebanese outrage over the what will truly go down as one of his- er’s announced policy of January 3, American demand reflects the distance Hezbollah has traveled since it rose from the tory’s greatest baseball games ever. 2001, and under a previous order of the Shitte Muslim slums on the southern fringe The game capped one of the most ex- House, the following Members will be of Beirut in the early 1980’s as a shadowy, citing and thrilling World Series that recognized for 5 minutes each. brutal band of kidnappers, suicide bombers baseball has ever seen. and airplane hijackers. f In the end, the world champion Ari- Now it is a part of the Lebanese establish- zona Diamondbacks emerged vic- DISAPPOINTMENT IN FORMER ment, with members in Parliament, an im- torious, and in doing so, they became LEBANESE OFFICIAL’S REMARKS portant social service network and a tele- vision station whose news programs are avid- the first sports franchise in Arizona’s (Mr. WOLF asked and was given per- ly watched by many Lebanese. long history to earn the right to call mission to address the House for 1 Hezbollah has enjoyed the support of Syria themselves the best in the world. minute and to revise and extend his re- and Iran. Syria dominates Lebanon’s polit- They also became the fastest baseball ical affairs. marks.) Indeed, Hezbollah members are officially franchise to win a World Series, doing Mr. WOLF. Mr. Speaker, I want to so in just their fourth year of exist- regarded as national heroes—‘‘the resist- express deep disappointment in an arti- ance’’—for their role as guerrillas who op- ence. cle which appeared in yesterday’s New posed the 22-year-long Israeli occupation of The Arizona Diamondbacks take a York Times with regard to Lebanon. southern Lebanon. lot of criticism sometimes for relying We lost American men and women at The American ambassador here, Vincent heavily on their aces, Curt Schilling the American Embassy in 1983. We lost Battle, presented the American position at an emergency meeting he requested on Fri- and Randy Johnson, but this victory 241 Marines who went there to help the shows that they are truly a complete day with the Lebanese foreign minister, Lebanese people and to help the Leba- Mahmud Hammud. team from top to bottom. This is not nese Government. The foreign minister was apparently to mention their rookie manager, Bob There was an article whereby the unimpressed. Brenly, who did a fantastic job, and the former Prime Minister, Selim al-Hoss, ‘‘The Lebanese resistance has expelled fantastic front office, led by Jerry said the following: ‘‘The United States Israel’s occupation army from south Leb- anon last year,’’ Mr. Hammud said. ‘‘We are Colangelo. is consequently a terrorist partner, Mr. Speaker, I want to express my proud of it.’’ which makes the U.S. unfit to lead the ‘‘We view the resistance as a legitimate pleasure not only for what the Arizona world.’’ means to liberate our land from Israeli occu- Diamondbacks did, but the manner in Mr. Speaker, we need in this region pation, and we hold fast to it, with the sup- which they did it. They did it with a reconciliation; we need peace. We do port of Syria and the rest of the Arab great deal of class, integrity, and re- not need inflammatory statements like world.’’ Perhaps the most striking reaction came spect, which is a real reflection on the this from the leadership and former great State of Arizona. from an unexpected quarter, the elder states- leadership of the Lebanese Govern- man Selim al-Hoss, a soft-spoken academic On behalf of all Arizonans and Ameri- ment. We should be bringing people to- and a Sunni Muslim who was the long-suf- cans, I want to thank the world cham- gether, not dividing people. fering prime minister through many years of pion Arizona Diamondbacks for pro- Mr. Speaker, I include for the civil war. He is widely respected for his per- viding the country and the world with RECORD the article I referred to. sonal integrity, though as a leader he was an exhilarating World Series, which re- rendered powerless by religious militia fac- [From the New York Times, Nov. 6, 2001] minds us why baseball is America’s fa- tions in a land then corrupt beyond imagina- vorite pastime. LEBANON TO RESIST U.S. SANCTIONS ON tion. HEZBOLLAH ‘‘America supports the world’s most brutal f (By John Kifner) terrorist state and the deadliest ever ter- rorist who leads it,’’ Mr. Hoss said, referring PAYING RESPECTS TO RAYMOND BEIRUT, LEBANON.—The Lebanese govern- to Israel and its prime minister, Ariel Shar- ment is indignant over American pressure to T. BUTLER OF SACRAMENTO, on. ‘‘The United States is consequently a freeze the assets of Hezbollah, the Shiite CALIFORNIA terrorist partner, which makes the U.S. unfit Muslim organization bitterly opposed to to lead the world.’’ (Mr. OSE asked and was given per- Israel. mission to address the House for 1 Indeed, it was widely assumed here that It is a request the Lebanese are likely to Israel was behind the new list, particularly minute and to revise and extend his re- reject, according to officials and accounts in after the influential Israeli lobby in Wash- marks.) newspapers here including the daily owned ington, the American Israel Public Affairs Mr. OSE. Mr. Speaker, I rise today to by Prime Minister Rafiq Hariri, which is pre- Committee, applauded it. pay my respects to a friend of mine sumed to reflect his views. To Hezbollah the condemnation was a who passed away this past Saturday. ‘‘The government is headed for a refusal to badge of honor. Raymond T. Butler was an icon in the freeze Hezbollah money or to interfere with ‘‘We feel proud we have been taken as an the resistance,’’ that newspaper, Al enemy that should be blacklisted as terrorist Sacramento community. I know my Mustaqbal, reported today. by the Great Satan who heads the greatest good friend, the gentleman from Cali- The apparent impasse once again spot- pyramid of tyranny, repression and arro- fornia (Mr. MATSUI), also knew him lights the difficulties the Bush administra- gance of modern times,’’ Sheik Hassan very well. tion has in cobbling together its inter- Nasrullah, the group’s leader, said at a rally.

VerDate 06-NOV-2001 01:53 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.051 pfrm04 PsN: H07PT1 November 7, 2001 CONGRESSIONAL RECORD — HOUSE H7879 ‘‘It is natural for the American administra- month period or for the rest of that On the same front page there was a tion to blacklist Hezbollah and the other year period discretionarily, they would story about the rumblings in South Af- struggling Palestinian factions.’’ have the option of working in commu- rica that have come since independence Sheik Nasrullah issued a prohibition nity service or going into AmeriCorps was granted, and what does it talk against any form of assistance to the Amer- about? It talks about the growing dis- ican operation in Afghanistan, calling it, ‘‘a or going into some other service for the war against every Muslim who refuses to government. They would receive mod- parity in South Africa between the bow or kneel to the United States.’’ est pay but exceptional training to very rich and the very poor and the In southern Lebanon, Sheik Nabil Qaook, bring back that kind of unity of experi- fact that thousands and thousands of the strategist of the guerrilla campaign ence that is so important, I think, as people are having their electricity shut against Israel, said in a speech during the we conduct business that involves, off, are not able to earn a living, rising weekend: ‘‘The U.S. lists don’t bother us the more and more, the rest of the world. unemployment levels and that slightest. When America accuses Hezbollah, An understanding of international re- globalization without a social contract, we take it as proof of the credibility of our and those are my words, not the words goals. lations has been so obvious since the ‘‘In the past, America didn’t shout so loud. September 11 attack on this country. I of the New York Times, creates a ris- When it is in a dominating position and would encourage my colleagues to call ing poverty and rising wealth for only when the rules of the international game are me or my office to get a copy of this the few, and that our globe is being af- in its favor, we don’t hear accusations of ter- draft legislation, to look into the possi- fected by these forces, these powerful rorism. But when the balance of power leans bility of renewing military conscrip- economic forces in all regions. the other way, we hear them scream.’’ tion in both a mandatory and a vol- Recently, this week, Secretary Pow- f untary way that they could earn cred- ell has met with the top leaders of Ban- its with the GI Bill of Rights provi- gladesh, Bangladesh, one of the poorest REINSTATEMENT OF MILITARY nations in the world, which has a $2 CONSCRIPTION sions for the time that they serve their country. billion trade deficit with the United The SPEAKER pro tempore. Under a It would give those individuals the States. How do these stories connect? These previous order of the House, the gen- kind of experience, but more than that, MITH stories connect because in Bangladesh tleman from Michigan (Mr. S ) is it would be a binding force of common over 3,500 contract shops operate, pro- recognized for 5 minutes. experience that would hold this coun- ducing over a billion garments for the Mr. SMITH of Michigan. Mr. Speak- try together. er, the service in the Armed Forces for world, half of which come here to the all American men has been an experi- f United States. ence that has I think unified us in this The SPEAKER pro tempore. Under a Women in that country make caps country. It has been a common experi- previous order of the House, the gen- that are worn by athletic teams at all ence of getting up early in the morn- tleman from Ohio (Mr. BROWN) is rec- of our major universities, for example. ing, eating mediocre food, but mostly ognized for 5 minutes. They are forced to sew 320 caps per understanding how the military works (Mr. BROWN of Ohio addressed the hour if they want to keep their job, and and understanding the importance of House. His remarks will appear here- their bosses want them to increase it patriotism in this country. after in the Extensions of Remarks.) to 370 caps per hour. For each cap, they I ask my colleagues, Mr. Speaker, to f are paid a penny and a half. Those caps realize that within a few years there arrive in our country for a total of $1 will be nobody in this Chamber that WORLD TRADE ORGANIZATION for total costs of production and ship- has served in the military. In a few MEETING IN QATAR ment, material, labor and transpor- years, there will be nobody in State The SPEAKER pro tempore. Under a tation. And then they are sold, on aver- legislatures that has served in the mili- previous order of the House, the gentle- age, inside this economy for $17 to $19 tary except, possibly, for maybe a few woman from Ohio (Ms. KAPTUR) is rec- a cap. heroes that have come back and had ognized for 5 minutes. Now, the foreign minister of Ban- the name ID that allows them to run Ms. KAPTUR. Mr. Speaker, I just gladesh wants us to remove further for political office. wanted to draw my colleagues’ atten- tariffs on these items coming to our I think that is a great danger in tion to yesterday’s New York Times, country. And what I am thinking is, terms of the understanding of legisla- the front page. There are some stories even if we remove the tariffs, what guarantees are there that the women of tive bodies here in the U.S. House of there that bear an interrelationship that country would get a living wage? Representatives, over in the U.S. Sen- that is important. There is absolutely no guarantee. ate and certainly in all our legislative There was a major story about the The trading system that this bodies, the State legislatures, as well World Trade Organization’s upcoming globalization regimen has put in place as municipal jurisdictions. That expe- meeting in Qatar in the Middle East, has put a downward pressure on work- rience of serving in the military has the first meeting that the WTO will be ers across this world; and they are ris- unified us. holding since Seattle; and the story ing up in South Africa, in the Middle I have been working on legislation talks about the World Trade Organiza- East, in South America. We saw their for the past 5 years that would rein- tion and some of the difficulties that it faces in Seattle. Somebody had better state military conscription in a process has been having in gaining broad-based pay attention to what is wrong with that is both voluntary and mandatory. public support for its activities and de- this global trading system. It works to It would direct the Secretary of the liberations; and in fact, the story im- the benefit of the few at the cost of the Army and the President to reinstate a plies that if these meetings in Qatar many. conscription between 6 months and 1 are not successful, it might spell the I am for trade. I have a trading dis- year where those individuals would go demise of the WTO and the type of trict, but I am for the dignity of the through a kind of orientation of boot globalization initiatives that have en- working person whether they work on camp, but also the learning of inter- sued since this Congress passed GATT the farm or whether they work in the national relations, the learning of ter- just a few years ago when the WTO was factory, wherever in the world they rorism and how terrorists work and set up. exist. This world trading system must where they come from, a better under- One of the reasons it says that these have a social contract, and without standing of the different goals of the talks are having difficulty is because of that we are going to have political countries around the world, and then the fact that the world trade system tremors across this world, the likes of after, but also the military discipline has resulted in widening disparities be- which the free nations have never expe- of that kind of basic boot camp ori- tween the very rich and the very poor, rienced before. entation. and it is very interesting that the I would say that you must have free After that there would be a discre- meeting is being held in a part of the trade among free people. And that tion. If they do not want to continue to world which demonstrates the wide dis- trade regimen that is put in place by serve in that kind of military combat parity in incomes between the very the laws we pass and by the institu- training role for the rest of that 6- rich and the very poor. tions like the World Bank and the

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.015 pfrm04 PsN: H07PT1 H7880 CONGRESSIONAL RECORD — HOUSE November 7, 2001 International Monetary Fund and the Guard. And I know that those men and cent of their income to charities. In ad- Export-Import Bank, if they do not women with minimal supervision on dition, about $1 billion has been do- give credence to democratic rights and Day One will be U.S. citizens, will nated for relief efforts. The outpouring freedoms then, my goodness, what are speak, read, write English, will under- of donations since the attack provides we doing? stand better what behavior that is not further evidence of the desire and in- So I would commend to my col- consistent with a normal passenger stinct of Americans to help their fellow leagues, take a look at the New York would be, and they will be motivated man. Times. Think about the connection be- for airline safety. Pay them what they b 1345 tween WTO and Qatar this week and need to have. Get them there today. what is going on in South Africa, and Mr. Speaker, we cannot wait until That is a given. what is going on in Mexico where our law is passed, until it is But, Mr. Speaker, the problem is a wages have been cut in half, and what conferenced, until it is signed, until it lot of these charities are keeping these went on in Seattle when people did not is enacted. Mr. Speaker, we, in the Fed- monies, they are not distributing it, earn enough for the work they do. eral Government before Monday morn- and there are roughly 50,000 people that What kind of system is this country ing comes, before we fly on Veterans’ are unemployed up in New York be- promoting? Day, we must have better airline safe- cause of the September 11 calamity. f ty. I call on all of us to act and act im- And with the 5,000 people killed, there mediately to bring the kind of safety are roughly 7,000 children without par- CREATING SAFER AIRLINE to our airports that we can bring only ents. So we need these charities to step TRAVEL by replacing these proven criminal cor- forward and to go ahead and distribute The SPEAKER pro tempore (Mr. DAN porations and getting their question- this money as quickly as possible. MILLER of Florida). Under a previous able employees off the system, off the Earlier this year, and recognizing the order of the House, the gentleman from payroll and bringing in loyal Ameri- vital roles of charity, especially chari- California (Mr. ISSA) is recognized for 5 cans. table foundations, I introduced legisla- minutes. Mr. Speaker, I ask for this to be en- tion to abolish an antiquated excise Mr. ISSA. Mr. Speaker, I do not come acted and enacted before our great hol- tax that not-for-profit foundations pay often to the well of the House, but iday. on their net investment income. I am today I feel it is essential that I ad- hopeful my colleagues will support this dress both my fellow colleagues here f and it will be part of the stimulus today and the American people because The SPEAKER pro tempore. Under a package, because if we do not have this we are now in the process of consid- previous order of the House, the gentle- antiquated excise tax on the not-for- ering airport security. And the debate, woman from the District of Columbia profit foundations, they will have more in my opinion, has degenerated to do (Ms. NORTON) is recognized for 5 min- money to distribute. we, in fact, hire Federal workers or do utes. As I mentioned earlier, Mr. Speaker, we hire non-Federal workers when, in (Ms. NORTON addressed the House. Americans are very generous in their fact, the House of Representatives and Her remarks will appear hereafter in donations, and yet we hear stories of the Senate clearly agree on two things the Extensions of Remarks.) people saying they went to ground zero that are existing today. f and went to the various charitable or- One is that we need to up and im- ganizations and lo and behold they CHARITABLE DONATIONS FOR prove the standards; secondly, that the could not get money. A few did, but for SEPTEMBER 11 ATTACK VICTIMS existing contractors who are doing the the most part they got very little job today, that is supposed to result in The SPEAKER pro tempore. Under a money. So I am here this afternoon to our safety in the air, are not doing previous order of the House, the gen- encourage the charities to distribute their job properly. tleman from Florida (Mr. STEARNS) is the money and realize that in the end Only yesterday when Chicago was recognized for 5 minutes. the money that they collected is for proven to be a hopeless sieve, and other Mr. STEARNS. Mr. Speaker, today those 50,000 people unemployed who cities when it was shown that these the Subcommittee on Commerce, cannot make mortgages and those workers, many of them, most of them Trade and Consumer Protection had a roughly 7,000 children that are without not citizens, operated by a foreign cor- hearing where we listened to the new fathers and mothers. poration that does not even ensure chairman of the Federal Trade Com- Let me conclude by saying that the that the background checks are done, mission, Mr. Tim Muris, and we talked FTC, in the hearing we had today, indi- even after paying a huge fine, they con- about a lot of issues that are under his cated in testimony that their findings tinue to not do the background checks. control. On the previous day, we had a are that fraud cases are few and far be- They continue to not meet the require- hearing of the Subcommittee on Over- tween. So while there has been some ments that will lead to America’s safe- sight and Investigations in which the talk about these charitable organiza- ty. chairman did an excellent job dealing tions as scam activities, from what the I get on an airplane virtually every with questions of the charities that FTC chairman has seen, these frauds week. I have over 100,000 miles this have been created as a result of the are few and far between. And I am year alone going back and forth to my September 11 catastrophe. heartened and pleased to hear the district. I as much as any other mem- The outpouring of support from agency is aggressively monitoring and ber of this great Nation have a vested Americans is truly magnanimous since investigating any attempts of fraud interest in airline safety, as do all of this tragedy. But we have to be sure within charities to take advantage of my colleagues here today and on the that the contributions that are made the September 11 occurrence. other side of the House. expressly for the purpose of aiding fel- We need to highlight here in the There is no question that we must low Americans in the wake of these at- House and the Senate how important it act and act immediately. From this tacks are used for the right purpose. In is that we show confidence in these body we do not call on the administra- my home State we had Hurricane An- charities, but at the same time the tion to specific action, but I call on all drew, which was a major catastrophe, a charities need to show and dem- of us in government to immediately calamity; and we had the same type of onstrate that they are helping by dis- fire these contractors who have failed outpouring of contributions that were tributing the money. to protect us, those contractors who given to help the victims of that hurri- f continue to violate the laws. Do not cane, and, likewise, since September 11 fine them; fire them. I believe that we have had the same thing occur here FURTHER MESSAGE FROM THE while we are deciding who can protect in this country. SENATE us better, I would feel much safer hav- Americans regularly give to char- A further message from the Senate ing my county sheriff standing there, ities. A recent study in the Washington by Mr. Monohan, one of its clerks, an- having my California National Guard Times indicates that the average nounced that the Senate disagreed to and every other State’s National household gives about $1,600 or 3.2 per- the amendment of the House to the bill

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.055 pfrm04 PsN: H07PT1 November 7, 2001 CONGRESSIONAL RECORD — HOUSE H7881 (S. 1447) ‘‘An Act to improve aviation Fast Track supporters have repeatedly repeal a nation’s public health or an security, and for other purposes,’’ refused, these provisions must be en- environmental law that was enacted agrees to a conference asked by the forced by sanctions. Simply look at through a democratic process behind House on the disagreeing votes of the how environmental and labor standards closed doors. two Houses thereon, and appoints Mr. evolved in the United States. Creation Corporations have been quick to cap- HOLLINGS, Mr. INOUYE, Mr. ROCKE- of these standards did not come about italize on chapter 11. We have seen it in FELLER, Mr. KERRY, Mr. BREAUX, Mr. because corporations wanted them. To Canada, we have seen it in the United DORGAN, Mr. WYDEN, Mr. MCCAIN, Mr. the contrary. They arose because con- States, we have seen it with Mexican, STEVENS, Mr. BURNS, Mr. LOTT, Mrs. cerned citizens demanded change to American and Canadian corporations. HUTCHISON, and Ms. SNOWE, to be the prevent companies from abusing work- As power shifts from democratically conferees on the part of the Senate. ers, from polluting our air and from elected governments to corporations, f dumping waste into our waters. many more corporations will attempt Through free speech and the demo- to strike down environmental laws, to RADIO FREE AFGHANISTAN WILL cratic process, the U.S. developed laws weaken food safety laws, to eliminate HELP WIN HEARTS AND MINDS to protect workers and the environ- consumer-protection statutes. OF YOUNG AFGHANS ment. But many in the developing Chapter 11’s provisions suggest that (Mr. KENNEDY of Minnesota asked world do not have these privileges. In when one country’s public health laws and was given permission to address the developing world, decisions are collide with a foreign corporation’s the House for 1 minute and to revise typically made by three groups: gov- profits, then public health usually and extend his remarks.) ernment leaders, usually not elected; loses, time after time after time. Every Mr. KENNEDY of Minnesota. Mr. factory owners, who are often one of single time in the World Trade Organi- Speaker, I am here to applaud this the same with government leaders; and zation and almost every single time Chamber for passing the Radio Free Af- Western companies. under NAFTA. ghanistan bill, because the battle we Would authoritarian government Americans need to know whether the are in right now is not just to win this leaders be in favor of cleaning up the Bush administration believes that cor- war militarily, but we have to win the environment or expanding worker porations deserve to trample on laws hearts and minds of those young boys rights? I do not think so. Would local that protect our health and protect our and girls playing out in the street or factory owners be in favor of tougher environment. Congress should not playing in the dirt and thinking about greenhouse gas emission standards? I allow chapter 11 to be incorporated what are they going to be when they do not think so. Would Western cor- into Fast Track. We need to protect grow up. porations be in favor of rules to reduce the laws that we in this democratic We cannot have them saying they the dumping of toxic chemicals? I do body, and State legislatures in their want to grow up to be a bin Laden; that not think so. democratic bodies, and city councils in they want to grow up to be a terrorist. How can the free trade lobby assume their democratic bodies have created. We need to have them thinking about that labor and environmental stand- More and more Members of Congress wanting to grow up to be a farmer, to ards will expand in the developing are joining the ranks calling for trade be a teacher, to be a truck driver, a world when those who can improve the agreements that are not rammed down doctor, and get the ideas in their head situation are the ones who profit from the public’s throats and that in fact re- of the freedom that we enjoy here and its abuse? Changes will only occur if spond to true social and economic have them yearning for that freedom. there is an incentive to change, and the ramifications across the globe. We need So this is a country that has spread trend in corporate globalization, these to press for U.S. trade policy with pro- our way of life and our philosophy trade agreements, provides very few in- visions that do, indeed, protect the en- throughout many parts of the world. centives to do the right thing. vironment, not weaken environment We need to make sure they in Afghani- If we fail to include these important and public health laws. We need to stan know that we hold out our hearts provisions in trade agreements, multi- press for provisions that promote the and prayers to them; that there is a national corporations will continue to advancement of stronger environ- better life waiting for them. We need to see these improvements as an unneces- mental standards. We need to press for inspire their young, and all the people sary expense. We cannot allow the ad- provisions that can be effectively en- of Afghanistan, for the future. ministration to push forward on these forced. Fast Track, Mr. Speaker, is not f trade agreements, such as NAFTA, the answer. that value foreign investment more FAST TRACK AND THE than they value the American worker. f ENVIRONMENT We cannot give corporations the green The SPEAKER pro tempore. Under a The SPEAKER pro tempore (Mr. DAN light to disregard human rights, to dis- previous order of the House, the gen- MILLER of Florida). Under a previous regard labor standards, to disregard en- tleman from Oregon (Mr. DEFAZIO) is order of the House, the gentleman from vironmental laws. We cannot reward recognized for 5 minutes. Ohio (Mr. BROWN) is recognized for 5 nations for abusing the ideals and the (Mr. DEFAZIO addressed the House. minutes. values that we in this country hold His remarks will appear hereafter in Mr. BROWN of Ohio. Mr. Speaker, on dear. Monday, the League of Conservation The greatest abuse of our principles the Extensions of Remarks.) Voters circulated a letter urging Mem- is not really what is being left out but bers to oppose the Presidential trade what has been put in these trade agree- f negotiating authority known as Fast ments: something called the investor- The SPEAKER pro tempore. Under a Track, or trade promotion authority. to-state relationship establishing chap- previous order of the House, the gen- League of Conservation Voters warned ter 11 of NAFTA. Through chapter 11, tleman from Illinois (Mr. LIPINSKI) is it would consider including the trade private corporations, for the first time recognized for 5 minutes. bill on its annual scorecard. ever, can sue a foreign government and (Mr. LIPINSKI addressed the House. The league has stated Fast Track overturn health and safety laws passed His remarks will appear hereafter in would threaten hard-won environ- by a democracy. the Extensions of Remarks.) mental and public health laws and reg- Now, U.S. Trade Representative Bob ulations. The bill would do nothing, Zoellick has committed to including f nothing, to prevent countries from low- that same chapter 11 in Fast Track. The SPEAKER pro tempore. Under a ering their environmental standards to Not only can laws be overturned, but previous order of the House, the gentle- gain unfair economic and trade advan- taxpayers in that nation are also liable woman from Georgia (Ms. MCKINNEY) is tages over Western democracies. for damages if a NAFTA tribunal rules recognized for 5 minutes. Environmental provisions must be a law or regulation causes an unfair Ms. MCKINNEY addressed the House. included, Mr. Speaker, in the core text barrier to trade. Understand this point: Her remarks will appear hereafter in of these trade agreements. Though corporate trade lawyers can effectively the Extensions of Remarks.)

VerDate 06-NOV-2001 02:01 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.012 pfrm04 PsN: H07PT1 H7882 CONGRESSIONAL RECORD — HOUSE November 7, 2001 The SPEAKER pro tempore. Under a streets of this country, or as they go up person is getting ready to get on a previous order of the House, the gen- into a building. plane or an Arab is getting on a plane tleman from Michigan (Mr. STUPAK) is The second thing I want to discuss at and simply because of the fact that recognized for 5 minutes. length this afternoon is missile de- their ethnic background is Muslim or (Mr. STUPAK addressed the House. fense. It is absolutely critical at this Arab you pull them aside and question His remarks will appear hereafter in juncture in our Nation’s history that them, simply because, and the only de- the Extensions of Remarks.) we prepare, that we prepare a missile termining factor in making that deci- defense system for this Nation. Any- sion is their nationality or their ethnic f thing that falls short of a complete background. That is not enough to jus- The SPEAKER pro tempore. Under a missile defense system for this Nation, tify it under our Constitution, in my previous order of the House, the gen- in my opinion, would demonstrate opinion. I think it is discrimination, tleman from Maine (Mr. ALLEN) is rec- dereliction of the duties that we have, but we have to weigh out these situa- ognized for 5 minutes. the responsibilities that we accepted tions. (Mr. ALLEN addressed the House. His when we were sworn in to represent the Now, I can tell my colleagues that remarks will appear hereafter in the people of this Nation. my stand in utilizing ethnic, or not ex- Extensions of Remarks.) Let me start with profiling. I have cluding, that is perhaps a better way to f seen, and I have been very disappointed put it, my position is that we should The SPEAKER pro tempore. Under a and discouraged recently, about some not exclude ethnic background any previous order of the House, the gen- people playing what I would call the more than we should exclude age or re- ligion when we build a profile with a tleman from Ohio (Mr. KUCINICH) is rec- race card against profiling. We have to ognized for 5 minutes. talk in a very serious tone and with number of components. Now, some of the people who have op- (Mr. KUCINICH addressed the House. thoughts of the consequences of doing posed this frankly are taking examples, His remarks will appear hereafter in things and not doing things, about extreme examples of abuse by law en- the Extensions of Remarks.) tools of enforcement that we can uti- forcement where, in fact, they may be lize within the borders of our country f right, the people, the critics may be and outside the borders of our country The SPEAKER pro tempore. Under a right, that in those particular cases, and for the people that want to cross previous order of the House, the gentle- ethnic or what we would call racial the borders of our country and for the woman from North Carolina (Mrs. profiling took place and there was a people that want to leave the borders CLAYTON) is recognized for 5 minutes. clear demonstration of discrimination. of our country, tools that we can use to (Mrs. CLAYTON addressed the House. But let me tell my colleagues, for ex- help secure the national security. One Her remarks will appear hereafter in ample, the other day in my debate I of those tools is profiling. said, look, we have bad arrests in this the Extensions of Remarks.) Now, let me distinguish at the very country. We have a cop who makes a f beginning the difference between what bad arrest, poor judgment. We have a I describe and what I define as racial RECESS lot of good police officers out there; profiling, which most people in this but every once in a while, a bad police The SPEAKER pro tempore. Pursu- country, including myself, are justified ant to clause 12 of rule I, the Chair de- officer or a good police officer even in opposing, and utilizing race as one of makes a bad judgment call. If we have clares the House in recess subject to the components of a threat profile. We the call of the Chair. a bad arrest, should you immediately will see on this chart to my left, again, jump from the conclusion that you Accordingly (at 1 o’clock and 55 min- how do I define racial profiling. My col- utes p.m.), the House stood in recess have had one bad arrest and therefore, leagues will see I have obviously a red logically, you should have no more ar- subject to the call of the Chair. circle through racial profiling. rests so that we avoid all future bad ar- f Racial profiling is where that is the rests? Of course we would not draw only determinant factor that one uti- b 1636 that kind of conclusion. That is ex- lizes in one’s profile construction. Now, actly the type of conclusion that my AFTER RECESS obviously, if race is one’s only deter- critics are attempting to draw when I minant factor, the only factor consid- speak of national security and a The recess having expired, the House ered, it raises a balloon for a very le- was called to order by the Speaker pro profiling system that will help us pro- gitimate argument that one is creating tect our national security. tempore (Mr. SHUSTER) at 4 o’clock and or causing discrimination. 36 minutes p.m. What my critics try to do is they try Now, there are some cases where one to come out and say, look, here is a f may not have any other factors other case. This person was detained as they than the person’s ethnic background; PROFILING AND MISSILE DEFENSE wanted to board an airplane, only be- and in that case, for example, one puts cause of the fact that they were Arabic The SPEAKER pro tempore. Under out a description only using the ethnic background. They are Arabs. That is the Speaker’s announced policy of Jan- background because that is all the in- the only reason they were detained. It uary 3, 2001, the gentleman from Colo- formation one has. Let me give an ex- is a clear case of discrimination. They rado (Mr. MCINNIS) is recognized for 60 ample. One is called to the scene of a go through all of these facts that of minutes as the designee of the major- bank robbery and the witnesses at the course make the case seem horrible. ity leader. bank robbery, within moments after And maybe it was a bad, bad case. But Mr. MCINNIS. Mr. Speaker, I wanted the bank robbery is committed, when that is not the situation that is occur- to take a little time this afternoon and you arrive at the bank, all they can ring out there. I have said to people be- have an in-depth discussion on a couple tell you is I do not know what size they fore, look, I realize that with the mil- of different issues that I think are very were, I did not see their face, but it was lions and millions of travelers that we important with the current matters a white man. It was a white male. have in this country every day, that that we have facing us. The first mat- Then, one is justified in saying, in im- there are going to be some select, some ter I would like to discuss at some mediately putting out an alert, look, very select situations of discrimina- length would be profiling and the need we know that the suspect was a white tion. But it is very easy to overstate for profiling for the national security male. That is all we have at this point that number. It is very easy to criticize of this country. I have some experience in time. All units be advised, there is a law enforcement. It is very easy to in security. I used to be a police officer. white male that just committed a bank criticize airport security on this pro- I have a pretty good idea of what we robbery. file. need to do to look out for suspects and I do not know anybody that says that What I have said to my critics is, how we can help and assist all citizens is not a legitimate purpose or a legiti- produce the numbers. Show us case by of this country, regardless of their mate means. But where one would run case, and if we have a case where we background, in being sure that they into problems and where one sees dis- have bad performance by law enforce- are secure and safe as they walk the crimination is if, for example, an Irish ment or bad performance by airport

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.065 pfrm04 PsN: H07PT1 November 7, 2001 CONGRESSIONAL RECORD — HOUSE H7883 personnel or whatever personnel were ing that the politically correct thing is companies profile for risk. That is involved in this, there ought to be dis- to not question anybody who might be what I am asking that we continue to cipline. Because we should have zero offended by questioning; do not dare do. We need to profile for risk. What is tolerance; zero tolerance for discrimi- approach anybody who could claim dis- our threat profile? What is the threat? nation in this country. crimination; do not infringe on any- What is the risk? But let us not confuse who are the body’s right to board an aircraft sim- Think about it with an insurance victims here. Who are the victims in ply because we are interested in a num- company. Nobody says this is an ille- this situation? Think about September ber of components for a profile. gitimate or somehow not politically 11. We have to quit being politically I actually have some constituents correct matter. It is a fact of insur- correct. What has happened is we have out there, Mr. Speaker, that think ance. If they are going to insure some- moved from being constitutionally cor- profiling, period, regardless of how we body, they had better assess their risk. rect to politically correct. I am telling construct the profile, is not legitimate. It is the same as if anybody wants to my colleagues, there are law enforce- I find that pretty interesting, because invest in business. If one wants to in- ment personnel, there are airport secu- think about it, think about this: we vest, they had better assess their risk. rity personnel who are afraid to ques- find profiling in every avenue of our That is exactly what profiling does. tion certain individuals because they life. Think about it. Back to insurance. Let us talk about are afraid those particular individuals Our schools, for example, our schools insurance. We know, for example, that will complain that they are being dis- profile. Our schools profile which stu- males between the ages of 16 years old criminated against. dents are getting poor scores. Our and, say, 21 years old, and then an addi- schools profile neighborhoods: gosh, tional profile between 21 and 25, we b 1645 people from this side of the city are know that males in that age bracket That seems the easiest get-out-of- getting poorer scores than people from tend to speed more. We know they tend jail-free card one could use. If they are this side of the city. They profile by to drink and drive more. We know that detaining a person in the airport and race; they profile by, okay, the white they tend not to use their seatbelts. one has any kind of ethnic leverage, students in this age bracket at this Members see what I am saying: we they could just complain they are grade are at this reading level, the can begin to build a profile of why, being discriminated against: Why are black students are at this reading when somebody is a 16-year-old driver, you searching me? You are discrimi- level, the Hispanic students are at this why we charge a higher insurance pre- nating against me. reading level, the Vietnamese are at mium to a 16-year-old driver than we I have yet to meet one traveler, and this reading level. do to a 36-year-old female, mother of I fly a lot, as my colleagues do, I have The colleges do it; they profile their children, et cetera, et cetera. yet to meet one of our constituents or top engineering students. We use it in Members can see the comparisons. one traveler out there that is not will- education every day. We know that the risk of a 36-year-old We use it in marketing. We use it to ing to go through what is necessary, to female, say a mother, and there are assess risks. That is another area, in search their baggage and their fellow some other classifications that can be insurance and in marketing. passengers’ baggage, so they know put in, other components that can be when they get on that aircraft that The media, take a look at any news- paper or any television station that put into the profile, is at much less that aircraft has been secured and is criticizes through editorials, or any risk of drinking and driving, for exam- safe to fly. radio station, and take a look at what ple. Probably uses her seatbelt every Part of doing those kinds of checks, they do. They profile every day of the time she gets in the car; probably until we are able to put into place our week. They profile who their listeners straps her children every time they get computerized system which, through are, who their viewers are, who is most in the car. technology, will check every passenger likely to buy the products that they We can compare it to a 16-year-old that gets on that aircraft, their back- are trying to sell over their medium of white male who probably is not using ground, et cetera, through either eye communication. Of course they profile. that seatbelt, who speeds around, who scanning or other devices, will check Hospitals profile. Traffic is profiled. is not, frankly, as mature as the 36- every piece of cargo that goes under- In fact, I challenge my colleagues to year-old is. neath that aircraft, will check every name one aspect, one aspect of our life It sounds like a lot of common sense. bag that goes on that aircraft, whether that is not profiling. We profile. Our Nobody in these Chambers would dis- it is a carry-on bag, whether it is a political parties profile. Frankly, the agree with this type of profiling. All I purse that somebody has over their political parties also profile based sole- am saying is it is a huge mistake, a shoulder, or whether it is checked-in ly on race, in some cases, based solely huge mistake for us to allow political baggage, until we get to that point, on ethnic background. pressure by a very select number of there is a certain amount of random se- For example, they might say, hey, people to give any kind of commitment lection that needs to take place. this is a black district. Let us go in, be- that we will not allow ethnic back- That, at this point, until we get that cause the blacks tend to vote Demo- ground to be considered as a compo- in there, is the best alternative we crat, so let us not profile anything nent of a threat profile. have. We have no other alternative. We other than how many blacks in there We are correct, however, to accept have to maximize immediately the are registered. They profile strictly on pressure and to make commitments safety of travel within this Nation and one factor, and the Republicans do the not to use as a profile the sole, the sole the safety of the citizens of this Na- same thing with contingencies of, let component of race, because, as we tion, our national security. us say in a particular community it know, when the sole component is race So how do we build a profile? What may be that the Irish in that commu- only, that does tend to lead to the dif- kind of profile am I talking about? I nity support the Republicans in bloc ficulty of discrimination which most think, for example, ethnic background form. They go and they profile, too. people in this country, if not the over- is a legitimate component of it. Take a What I am saying here is, for God’s whelming majority of people in this look. Here is typical of what I call sakes, if we allow profiling for mar- country, believe that discrimination ‘‘threat profiling.’’ That is what I am keting purposes, if we allow profiling should have no less than zero toler- advocating here, threat profiling. Who out there in our schools, if we allow ance, zero tolerance for discrimination. is it we are up against? profiling in every step of our lives, why So I am not a proponent of, nor are We have some people out there that do we not or why are we resistant at all my colleagues proponents of, what I want to do very terrible things. We to profiling to protect the national se- would call that type of racial profiling, have obviously seen firsthand what curity of the United States of America? where the only factor we have, looking they have wanted to do, as a result of This is not a game. The nice guy fin- to the left to my poster, the only fac- what happened at the Pentagon and in ishes last here. In this kind of matter, tor that we have to consider is race or New York City. the nice guy finishes last. ethnic background. Mr. Speaker, I ask Members, do not Take a look at what we do when we But I am strongly advocating that we let people try and back us down by say- buy insurance, for example. Insurance continue to encourage, in fact that we

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.080 pfrm04 PsN: H07PT1 H7884 CONGRESSIONAL RECORD — HOUSE November 7, 2001 mandate, until we come up with a bet- the politically correct theory out seconds, and that is accurate. And they ter alternative, that we mandate there, and to take into consideration would be able to tell us where that mis- threat profiling. It is common sense. It just how much we depend on threat sile is going to hit, and that is accu- is not rocket science; it is common profiling for the protection of our soci- rate. They would be able to tell us the sense. ety. speed of the missile, and that is accu- For example, we can pretty well take Mr. Speaker, I want to change sub- rate. They would be able probably tell a look at a person’s behavior, what we jects real quick and talk about one of us what type of missile it is, and that may know about their behavior. We my favorite topics, that is, missile de- is accurate. may know their age, we may know fense. But now we begin to leave the accu- their gender, we know their nation- A little history on missile defense. racy and what most people thought ality, we know the ethnic background. We have a treaty called the Anti- was the truth. They may have certain flight informa- ballistic Missile Treaty. My colleagues b 1700 tion; for example, did they buy a one- know what that is about. Back in the way ticket, a round-trip ticket, et 1970s, there were only two nations, only That was, once they figured all that cetera, et cetera. We might know their two nations in the world, only two na- out, we would somehow fire a missile religious background, educational tions in the world that were capable of and stop that missile from striking the background, criminal background. delivering a missile into the borders of United States, and that is a falsehood. As we begin to get more and more in- the other nation: the United States and The United States of America today formation on these elements, the more the Soviet Union. does not have the capability to defend information we get, the more accurate There was a theory back then that against an incoming missile. the threat profile becomes. Threat there was an arms race that was going Let me tell my colleagues that just a profiling is an essential law enforce- to get out of control, and as one of the month ago people were mocking, say- ment tool in this country. Threat ways to slow down the arms race in the ing, the United States, nobody is ever profiling is no different than the type seventies, somebody came up with a going to fire a missile against the of profiling that many other walks of theory: let us create what we call the United States. I have advocated for life utilize in our everyday life. Antiballistic Missile Treaty; in other some period of time that not only do As I said earlier, newspapers use it, words, antimissile. That is exactly we have to worry about an intentional TV stations use it; even the people who what the treaty is called. launch of a missile against the United blast me in an editorial, for example, What they said in that treaty, or the States of America, we have to worry for what I call threat profiling, ask way they put kind of the structure of about an accidental launch of a mis- them what they know about their read- the treaty together, was to say, all sile. We all know that the old Soviet ership and how they got that informa- right, if Russia is not allowed by treaty Union had, what, 6- or 7,000 nuclear tion about their readership. to build a defensive mechanism against warheads. We cannot be assured today, The bottom line is simple. The bot- U.S. missiles, Russia then would not even by the capable leadership of Rus- tom line is that I agree that ethnic initiate an attack against the United sia, we cannot be assured by the leader- background, and in fact, I advocate States because they would have no pro- ship today that they have all of those that ethnic background alone should tection when the United States retali- weapons; that they know where all of not be used as the sole component of a ated against Russia. these missiles are; that those missiles profile. At that point, I think it is fair It also works vice versa: Why would have all been kept up on their mainte- for us to call it racial profiling. nance, et cetera; and some people But once we begin to use ethnic the United States initiate an attack would not take me seriously. profiling as a component, one of sev- against the Soviet Union if the United Some people said, how can anybody eral components to build a profile, I States had no way to defend itself from accidentally launch a missile? About a think it is very legitimate. I think it is the multiple missile warhead that the month ago it happened. It happened in smart. Obviously, it is constitutionally Soviet Union could deliver into the the Black Sea. The Ukrainian military protected. It may not be politically borders of the United States? launched a missile by accident, and correct, with a small number of people. So they put together this treaty. In what was the result? They shot down a It may be abused by a small number of this treaty, they said Russia will not passenger airline. They shot it right law enforcement personnel. build a defense system and the United But overall, if it just saves one ter- States of America will not build a mis- out of the sky by an accidental launch. rorist attack, and it will save a lot of sile defense system. If the Ukrainian military can launch, terrorist attacks, we have proven evi- For many years the treaty really has by accident, a missile against a pas- dence of that and we know it does, so if gone unnoticed. A lot of people did not senger airplane, I can assure my col- it can just assist our Nation and the pay much attention to the treaty. In leagues that at some point in the fu- citizens that we have a responsibility fact, we could ask the average citizen, ture the United States of America, we, to protect in this Nation by giving and at one time one probably could will be the victim, in my opinion, of an them some assurance of protection and have asked me, before I became a little accidental launch. actual protection, then we ought to be more knowledgeable on the subject: Let us shift real quickly from an ac- using it. Okay, if a foreign country launches a cidental launch to an intentional So I would ask my colleagues, as this missile against the United States, what launch. Remember, when the treaty continues, number one, very quickly happens? was drafted in the 1970s, there were two ask for the facts of the abuses that are If that person was somewhat up to countries capable of delivering a mis- alleged. Ask them to lay out each par- speed they would say, well, we have the sile against each other. That was the ticular case where this so-called abuse NORAD space command, the detection Soviet Union and the United States of took place. We will find in some of service in Colorado Springs and Chey- America. Let me tell my colleagues those cases that abuse did in fact take enne Mountain. It is a granite moun- what has happened in the 25 years since place, but I believe Members will also tain. They hollowed out the inside of the signing of that treaty. find that most of these allegations are that mountain, and we have within Take a look at this poster to my left. limited in number, maybe legitimate that NORAD, the alliance between Again, let me reiterate, in the 1970s, but limited in number. Canada and the United States of Amer- when the Anti-Ballistic Missile Treaty Then take a look at what a good ica, to detect missile launches, or to was negotiated and when it was signed, threat profile, which allows as one of detect foreign objects, or to kind of put there were two countries capable of de- its components ethnic background, a radar in the sky; kind of our eye in livering missiles against each other, take a look at how much good that can the sky. That is NORAD. the Soviet Union and the United States do, how powerful that weapon is for Then if somebody fires a missile of America. protection of not just ourselves but against us, NORAD would be able to Look what has happened in the last protection of our fellow citizens. detect a missile launch, which yes, 25 years or so. Countries that now pos- So I urge that my colleagues take they can do anywhere in the world; sess ballistic missiles: Afghanistan, into consideration and run away from they would be able to do it within a few that is something we have heard about;

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.082 pfrm04 PsN: H07PT1 November 7, 2001 CONGRESSIONAL RECORD — HOUSE H7885 Algeria; Argentina, look at it; Belarus; sight, the people that drafted this trea- right to pull out and the United States China; Czech Republic; Egypt; France; ty, they had the foresight to put provi- of America has the right to pull out Jordan; Hungary; Russia; obviously sions within the treaty that would from the Anti-Ballistic Missile Treaty. Saudi Arabia; Slovakia; South Africa; allow us to abrogate the terms of the They have that right only if they de- Syria; Taiwan. The blue on this map treaty. Within the four corners of that cide that extraordinary events, ex- indicates countries that now have bal- treaty, they foresaw that at some point traordinary events, now, remember, listic missile capability. in the future the circumstances of 1970 that extraordinary events are not de- That is a big change. Twenty-five might not match the circumstances of fined within the confines of that trea- years ago the only blue on that would 2000 or 2001, and that is where we are ty. They are not defined. But I think have been the Soviet Union and the today. we can define it within a couple of United States. We would not have had Let me show my colleagues exactly paragraphs, and I will show that in a any blue down here. We would not have what the treaty says. We are just going few moments. any blue over here. We would not have to look at an article on this treaty, but ‘‘If it decides that those events are had this blue over here, would not have it is the pertinent clause of the Anti- related to the subject matter.’’ Obvi- blue around these areas, out there in Ballistic Missile Treaty that allows us, ously, there are lots of events that are Taiwan. That did not exist. as a right, as a right, to withdraw from related to the subject matter of missile We would say, well, did not people the treaty. We are not breaching the defense. Extraordinary things have back in the 1970s, when they were talk- treaty. We are not breaking the treaty. happened in technology, in those peo- ing about putting this Anti-Ballistic And the Soviet Union, if they decided ple, that contain ballistic missiles in Missile Treaty together, did they not to withdraw from the treaty, would not the last 25 years. ‘‘Have jeopardized the supreme inter- think about that? Did they not ever be breaching the treaty, and they are est.’’ I will state, jeopardization of our think that maybe somebody in the fu- not breaking the treaty. supreme interests must include within ture would also deliver or develop the Some columnists in the journalistic that category an accidental or inten- capability for ballistic missiles? The world out there like to parlay to their tional launch against the United answer to that is yes. viewers or their readers out there that States of America, not only by the So- In fact, the people that executed that if the United States or the Soviet viet Union, but by any other country treaty, the people who helped draft Union were to withdraw from the Anti- or any other regime in the world that that treaty knew that the cir- Ballistic Missile Treaty that they has the capability to do it. cumstances could change. They also would be breaching or breaking, like So what would be those extraor- knew when they put that treaty to- breaking a contract. These people obvi- dinary events that would justify this? gether that the circumstances could ously have not read the treaty because Let us pull up the previous chart. This change so dramatically that the treaty the treaty, within its own four corners, is an extraordinary event. Compare, would be of no use to either party, that within the document has specific, spe- look at what has happened in the last the treaty would actually work to the cific language about allowing a coun- 25 years. detriment of the Soviet Union and to try, either the United States or the So- Twenty-five years ago the United the detriment of the United States of viet Union, to pull out of this treaty. States of America and the Soviet America. Remember that no other nation in Union had ballistic missile capability. I can tell my colleagues that today, the world, no other nation in the world They were the only two countries in actually several years ago, but today that has ballistic missile capability, no the world that could deliver those mis- the point is here. This treaty is now a other nation in the world other than siles. And then some extraordinary detriment to the national security in- the United States and the Soviet Union things happened. All of a sudden other terests of the United States of Amer- is subject to this treaty. They can do little countries all over the world begin ica. This treaty is now a detriment to anything they want. They are not sub- to get not only nuclear capability but the Soviet Union. Why should the ject to this treaty. the ballistic missile capacity to deliver United States of America not build a Let us take a look at the specific lan- that nuclear capability, or a tradi- missile defense system? Why should guage contained within the treaty that tional warhead, conventional warhead, the Soviet Union not build a missile allows us to withdraw from the treaty. through the utilization of that missile. defense system to protect their citizens Article 15 of the Anti-Ballistic Missile That is extraordinary, unfortunately, and their allies, frankly? Treaty, the poster to my left. ‘‘This extraordinary in kind of a fearful way. Look at what we have got going on treaty shall be of unlimited duration.’’ But it is an extraordinary event that today. We have a war going on in Af- Number two, key paragraph. ‘‘Each has taken place. ghanistan. What if we lost control? party shall in exercising its national If for one moment we do not think What if the Pakistani Government lost sovereignty,’’ the word ‘‘shall,’’ ‘‘have that the proliferation of these missiles control of its nuclear missiles and nu- the right to withdraw from this treaty throughout the world is not a threat to clear capability? What if bin Laden got if it decides that extraordinary events the national interests of the United ahold of one of those missiles? Do my related to the subject matter of this States of America, of course it is a colleagues think he would hesitate for treaty have jeopardized its supreme in- threat, and it is a direct threat. And 1 second to fire that missile against the terests.’’ Let me go through it again. mark my words, just the same as the United States and destroy hundreds of ‘‘Each party shall in exercising its na- Ukraine military by accident fired a thousands of people instantaneously? tional sovereignty have the right,’’ it surface-to-air missile and by accident Of course he would not. is a right, it is not a breach of con- brought down a passenger airline, at We have an inherent obligation, it is tract, it is not a breach of the treaty, some point in the future of this coun- our job, it is our responsibility, number it is a right contained within the con- try someone will either intentionally one, to pull out of that treaty; and tract, within the treaty, ‘‘the right to launch or accidentally launch a missile number two, to build a missile defense withdraw from this treaty, if it decides against the United States of America. system that will protect the interests that extraordinary events related to Now, we can completely neutralize of the United States of America. And the subject matter of this treaty have that treaty if we allow our administra- we can share that information; we can jeopardized its supreme interests. It tion, which has been very aggressive on share that information with our allies shall give notice of its decision to the their commitment to build a missile like the Brits, for example, or the other party 6 months prior to the with- defense system for this country, we, Italians, who support this, to go out drawal from the treaty. Such notice every one of us in these Chambers, in and build their own missile defense sys- shall contain a statement of the ex- my opinion, have an inherent obliga- tem so they are not under a threat by traordinary events the notifying party tion to help our administration build, some rogue country or under a threat regards as having jeopardized its su- first of all, we have the technology so by a very legitimate country that, by preme interests.’’ it is to a point now where it is almost accident, launches a missile. Let us look at the key part of this time to build missile defense for this What about that treaty? What did paragraph. Number one, each party has country. This is an extraordinary the treaty say? They did have the fore- the right. The Soviet Union has the event.

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.084 pfrm04 PsN: H07PT1 H7886 CONGRESSIONAL RECORD — HOUSE November 7, 2001 Let me show some other extraor- gitimately, well, I disagree with some never ever use in front of me the ex- dinary events, as if proliferation of bal- of their points of view, but certainly cuse, well, it is not going to happen, or listic missile capabilities throughout have a protected right to be pacifists, the odds of this happening are so small. the world is not enough, standing who say, oh, my gosh, war is terrible. And by the way, keep in mind, col- alone, to fill out the definition of an And, of course, all of us agree war is leagues, that a missile does not have to extraordinary event. Let me show some terrible. But just keep in mind what have a nuclear warhead on it. As we others. Winston Churchill said. He said, ‘‘The know, it could have a warhead of a The threat is real, as posted on my only thing worse than war is losing high concentration of anthrax in it. left. Rogue states and weapons of mass one.’’ Think about that. The only thing The possibilities, the horrible possibili- destruction. Among the 20 Third World worse than war is losing one. And we ties of what can be delivered by a mis- countries that have or are in the proc- can lose the war against missile de- sile is unimaginable, just as unimagi- ess of developing weapons of mass de- fense if we do not provide missile de- nable as 3 months ago somebody would struction. Take a look at this. These fense for this country. But back to the have told us that the World Trade Cen- are extraordinary events as was in- pacifists. I think every pacifist in the ter Towers would have collapsed and tended by the people that drafted the United States, everybody opposed to the Pentagon, hit all in a simultaneous Anti-Ballistic Missile Treaty. These the war in the United States of Amer- act of terrorism. It was unimaginable 3 are the kind of extraordinary events ica should be urging and supporting months ago. that the drafters of this treaty must President George W. Bush in his deter- It was unimaginable that the have thought of as a legitimate reason mination to build a defensive missile Ukraine Navy, or their military, on a for the United States or for Russia to system for this country. military exercise, would accidentally withdraw from the Anti-Ballistic Mis- Now, one might ask why. I will tell launch a missile and bring down a pas- sile Treaty and to build a missile de- you why. Think about it. You could senger airline. These things take on a fense system that would protect the avoid the next war if you had the capa- much more realistic view for us since national security interests of their re- bility of stopping a missile. Let us say, September 11 of 2001. spective countries against a threat. for example, that by accident some We are charged, my colleagues, with Who would have ever imagined 25 country, say North Korea or Russia, by the responsibility of the security of years ago that the country of Iran accident, launched a couple of missiles this Nation, of the security of this Na- would have nuclear weapons, chemical against the United States; that the tion’s people. And one of the tools that weapons, biological weapons and ad- missiles were in such a silo arrange- we must deploy immediately is missile vanced technology for ballistic mis- ment and the electronics were such defense. And as I said earlier, I do not siles? Who would have imagined that that there was a multiple launch, by understand how anyone could object to Iraq would have had nuclear weapons, accident. So the United States not only it. I guess we can complain about the chemical weapons, biological weapons gets hit by one nuclear missile; it may cost. These things are expensive. Our and advanced ballistic missile tech- get hit by one, two, or three nuclear defensive mechanisms in this country, nology? Libya, same thing. North missiles. our military operations, are expensive. Korea, same thing. Syria, same thing. If we had the capability to stop it, We have no choice. But thank goodness These reflect, in my opinion, extraor- there would be no retribution, or the a few years ago we spent money to dinary events. These reflect the neces- retribution would not at least come in make our military number one in the sity as recognized by our administra- the way of a nuclear missile fired back world; that when some SOB attacks tion, as recognized by George W. Bush, towards Russia. But if we did not have our country, like these terrorists did, our President, and our Vice President, the capability to stop it, because we that we have the capability to defend DICK CHENEY, and their Cabinet, their simply neglected to build a missile de- ourselves. very capable Cabinet. This indicates, it fense system for the protection of this So please do not make money the demands, it insists that the United country, because of that neglect we issue, and do not make the issue that States, that the leaders of this country were not able to stop an accidental the technology is not there. I mean we back this administration and allow launch, we could very well find the did not have technology when the this country to go forward with a mis- United States with no choice but to re- Wright brothers first flew an airplane. sile defense system. We owe it to our taliate for the horrible, horrible results We did not have the technology to take citizens. of a nuclear missile strike against the that airplane across a State or fly it Now, until September 11, many peo- United States. across the country or take it to high ple never thought it would happen and That is why I think that people who altitudes or to pressurize it. All of that we could delay it to another day. Well, oppose missiles, who oppose war as an technology came in steps. We had to let the next generation worry about it. answer, that is why those people should start somewhere. Same thing with a I am saying today, today, colleagues, be saying, look, the best way to disable car or anything else. We start some- we cannot afford to let the next gen- missiles is to be able to defend against where. eration worry about it. them. And we can actually make mis- Our technology is advanced enough siles obsolete in the future if in fact it today for missile defense that the b 1715 is a weapon that can be defended President is right; that the President’s We have to protect the next genera- against. commitment to providing a missile de- tion as well as this generation, and we If we were able to develop a bullet- fense for this country should be sup- have to do it as soon as we possibly proof vest which covered the whole ported by each and every Member of can. body, we could make the shooting of a the United States Congress. Any Mem- The day is coming. The day of reck- bullet against a police officer an obso- ber of the United States Congress who oning is coming when the question will lete weapon. We have only been able to chooses not to provide a missile de- be asked, or the question could be protect a part of the body, and we can- fense for this country ought to be ques- asked, why did we not stop that mis- not protect it against all shots. But we tioned by their constituents in a public sile? Did we have the capability to stop are very, very close to having the com- forum. And I would be very interested that missile? Why did we not build a plete technology to provide this coun- to see how they explain to their con- missile defense system? Or the day is try the kind of missile defense that it stituents that the United States does coming when the comment could be needs. not need missile defense. made, thank goodness that our govern- Unfortunately, some of my col- And by the way, before my colleagues ment saw fit and understood their re- leagues are very stubborn. I cannot go out to their constituents, they bet- sponsibility to the national security imagine or fathom why anyone in their ter make sure not to get themselves in interests of this Nation, and they put right mind would object not to an of- a corner by saying that we would be in place a missile defense system that fensive system but to a system that breaching a treaty; that the treaty pro- stopped that accidental launch. will bring down any type of missile at- hibits us from doing that. Understand And by the way, let me make a com- tack against the United States of from my lesson today, from my com- ment about all those people who are le- America. And I hope my colleagues ments today, that the treaty, in fact,

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.086 pfrm04 PsN: H07PT1 November 7, 2001 CONGRESSIONAL RECORD — HOUSE H7887 allows us because of extraordinary protection agencies to engage in what b 1730 events, which are very easy to justify, we call threat profiles. And threat pro- We, of course, have been told to get allows us, under extraordinary events, files do not exclude ethnic background on with our lives, to go about our busi- to withdraw from the treaty and build as an element or as a component, nor ness as Americans, to not be intimi- a missile defense system. do they make that the exclusive ele- dated by the terrorist acts, and I would So save yourself the embarrassment. ment of the profile. It puts together a add something else, to not turn, if you Do not go out there and say the treaty series of components so that we can will, into the kind of people who would does not allow it, because the treaty then construct some type of risk pro- perpetrate hatred so deep that it would clearly does. Its language is as clear as file, the same as we do in insurance, take innocent lives. I am very gratified can be that we are allowed to withdraw the same as we do in marketing, and Americans have not done any of that, from the treaty, legitimately withdraw the same as we do in our schools. It is that there is a great deal of charitable- from the treaty and then build a mis- exactly what we are asking to do for ness, there is a great deal of desire to sile defense system. And keep in mind, the national security of the United be involved in how we can be problem if you object to a missile defense sys- States of America. solvers. For that reason, I see it fitting tem, not to get yourself in a corner on f that we continue doing our work in the money. Obviously, we have to make United States Congress to be problem sure the money is spent efficiently. We CATERPILLAR’S BARRIERS TO solvers. do not want pork. We do not want TRADE So to my colleagues tonight, I be- waste. But the technology is out there. (Mr. CRANE asked and was given lieve there is a degree of work that is Keep in mind that just 3 or 4 months permission to address the House for 1 yet undone, and we must keep busy to ago we had the successful test. We had minute and to revise and extend his re- help solve these problems. There is two missiles connect in space. Two marks.) work undone with respect to airline se- missiles, an intercept missile and an Mr. CRANE. Mr. Speaker, the neces- curity, Federal security, federalizing offensive missile, coming into the sity of passing H.R. 3005, a bill to renew the airline security in our airports. United States. Obviously, it was a test. trade promotion authority, is epito- We have yet to address the approxi- Both missiles were test missiles. It is mized by the experience of Caterpillar, mately 5.4 percent unemployment, the working. Our technology has made headquartered in my home State of Il- surge in unemployment, the many in- giant steps towards being perfected so linois. Caterpillar’s motor graders dustries that have been hit so hard be- that it can provide an effective shield made for export to Chile face nearly cause of the tragedy of September 11, for the United States. $15,000 in tariffs. Caterpillar motor such as the tourist industry, hotels, That is what we are asking for. We graders manufactured in Brazil for ex- hospitality, those particular employ- are not asking with missile defense to port to Chile face a tariff of only $3,700. ees, and many others. enhance our capability to attack an- I was riding on a plane with a con- And when Caterpillar’s competitors other nation, but there are lots of na- stituent who said that an accounting produced the same product in Canada, tions around the world that can do it. firm had laid off 400 workers. Every it can be exported to Chile free of tar- And as we now know, there are people day we are finding different industries iffs because of the Canada-Chile free in the world who wish great harm on that are being impacted from the trade agreement. Caterpillar employ- this country. So all we are asking for is events of September 11. Is American ees in Illinois are forced to watch as the capability to protect, to put a going about its business? Yes. Ameri- workers in other countries provide shield over the United States and give cans are cheered and buoyed by their products to our neighbors. us the protection that our citizens de- values, and they are committed to the Mr. Speaker, while other countries serve. wonderfulness of this Nation. Now, time is wasting. Ever since Sep- are making preferential trade deals, we I also see the effort by Americans to tember 11 our realization of what can are sitting on the sidelines lacking the draw closer together, as diverse as this occur received kind of an aggressive authority to negotiate. Make no mis- Nation is, from the many walks of life jerk. We hit a pretty hard speed bump take, our foreign competitors have this and many ethnic backgrounds that our in the road. We now realize there are authority, and they use it to their ad- citizens have come from, and I have dangers out there that may be much vantage. Of the more than 130 free seen a renewed zealousness around our closer to the United States than we trade agreements in force today, the values, our songs, our spirit, our chari- ever imagined. U.S. is party to only three. tableness; and it has been done not So, colleagues, in conclusion with my Trade works for America. Let us pass with any particular negativeness. two subjects today, let me say that I H.R. 3005 and keep America’s economy We have overcome or maybe we have speak from the bottom of my heart growing. spoken about or spoken out against the when I say to my colleagues how criti- f idea of targeting any particular group. cally important it is that all of us sup- We have joined together to say that AFTEREFFECTS OF SEPTEMBER 11 port President George W. Bush in his this is not a fight against Islam, this is TRAGEDY commitment to build a missile defense not a fight against the Muslims, but system for this Nation. We ought to The SPEAKER pro tempore (Mr. clearly what this is is to recognize that give him a resounding ‘‘yes’’ vote. We OSBORNE). Under the Speaker’s an- we are standing against terrorism. ought to give this President what he nounced policy of January 3, 2001, the That is why we acknowledge the fact needs to put that security blanket over gentlewoman from Texas (Ms. JACK- that September 11, 2001, left thousands the United States to prevent a missile SON-LEE) is recognized for 60 minutes of victims from around the world. The attack against our country. as the designee of the minority leader. attacks killed hundreds from Britain, And, finally, on my first subject of Ms. JACKSON-LEE of Texas. Mr. from Israel, 250 from India, and scores discussion this evening, do not run Speaker, I do have an opportunity now of others from Japan, Mexico, Iran and away from threat profiling. What we to speak with a sense of appreciation elsewhere. As I have said previously ought to prohibit is profiling that is as well as a sense of questioning. Many and as the mayor of New York City has based strictly on race alone. I am not of us have come to the floor of the said, these attacks were crimes against asking for that. I think that does lead House in the weeks after September 11 all humanity, and much of it was more to discrimination, and I think we to raise many issues to help heal this than any of us could bear. should have zero tolerance for dis- Nation or to help solve the crisis that But I think as we look at our chal- crimination. But I am saying that in was created. I am never far from think- lenges and before this Congress re- the game, in the matter we are in- ing of the enormous loss of life that oc- cesses this year, there is still work to volved in right now, the nice guy fin- curred on September 11. For that rea- be done. As chair of the Congressional ishes last. The politically correct guy son, I believe that there is certainly Children’s Caucus, I am very gratified finishes last. never enough commentary and solu- that we will have an opportunity to de- It is very important for us to allow tions that could be offered to help heal bate H. Con. Res. 228 on the floor, and our law enforcement agencies and our us from September 11. I would like to thank my colleagues for

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.088 pfrm04 PsN: H07PT1 H7888 CONGRESSIONAL RECORD — HOUSE November 7, 2001 this opportunity and I ask Members to found to have had a myriad of more done. That is in the Senate’s legisla- join me in that opportunity. That is than utensils, threatening instru- tion that will be discussed between our legislation to finish one piece of our ments, stun gun and box cutter and two Houses, hopefully within the next task, and that is addressing the needs knives. As I recall the gentleman from few working days. We should not con- of children of this terrible tragedy. Texas (Mr. LAMPSON), we were here last tinue to even think about rewarding I introduced Members to the week debating vigorously on the floor the private companies who have a prov- Calderon family just a week ago. They and just adopting the Senate bill so we en track record of egregious violations. have become very real symbols for the would have legislation in place as we The example about the man carrying 10,000 to 15,000 children which have con- speak tonight. I consider that unfin- knives, Mace, and a stun gun that fronted this terrible tragedy, having ished business, and I yield to a member slipped past the screeners, well, slip- lost a parent or parents or guardian on of the Committee on Transportation ping past people is not acceptable any September 11. The pain is still being and Infrastructure. longer. If we are going to affect the felt. The reaching out to find these Mr. LAMPSON. Mr. Speaker, I thank lives of the family that the gentle- children is still occurring. The need to the gentlewoman for yielding me time, woman is talking about, and every nurture these children is still occur- and for the significant work she does family happens to be dealing with the ring. The long-term results of the im- and her statements regarding the chil- safety of travel within this country, pact of this tragedy on these children dren. our ability to move about the country is still being deciphered. We do not There is, indeed, much work that re- and promote economic security and de- know. mains to be done. It goes obviously to velopment throughout this country re- Mr. Speaker, we recognize that chil- the heart of people like this family lies on safe transportation; and that dren are being deprived access to men- that is exhibited in the picture that means in the air just as it does on the tal health services. We realize, of the gentlewoman from Texas (Ms. ground. course, that there is a great need. That JACKSON-LEE) has been talking about We must move this legislation trauma in children’s lives can be im- and many, many others who lost loved through the conference committee, and plemented, if you will, in many dif- ones, families broken apart. Those are do so quickly and effectively. Speak to ferent ways. We have yet to determine hurts and pains that will take literally the will of the people of this country what those ways will be. forever to heal, and probably never to and put into place so that the national H. Con. Res. 228, with sponsors from be able to be put back together. There defense and security, which are the around the Nation, is a legislative ini- are things that we can be doing in the charges of the Federal Government, tiative that helps us recognize the House of Representatives and in the will indeed work to keep our skies safe, plight of these children and establishes Congress of the United States to put and it is the responsibility of the Fed- a quick expediting through Federal and into place and make a difference in eral Government to make it happen. State and local agencies the needs of people’s lives. b 1745 these children. The psychological Mr. Speaker, one of those other areas It is plain and simple common sense. needs, counseling, nutritional and med- of unfinished business happens to be I hope that everyone in this country ical counseling, and upon determina- airport security. It is unbelievable to and certainly everybody in this room tion of death of their parent or parents me that we continue to have a debate tonight asks themselves, who do you or guardian, in 60 days those benefits at this late date. The attack occurred want protecting you and your family, a can be generated for them. on September 11. The gentlewoman Federal security force or the lowest I want to applaud the opportunity to joined me and others of our colleagues bidder? I think that question is real be able to debate this, which I am hop- only 5 days after September 11 with a simple on almost everyone’s minds. ing and looking forward to doing, and I specific plan that we discussed at one I thank the gentlewoman from Texas want to applaud the bipartisan effort of the major airports in Houston, for allowing me to come and speak a on this legislative initiative. Texas, and that we discussed at other little bit to this concern, this one par- This is the Calderon family. This is airports in southeast Texas. We came ticular area of concern that I have and Naomi, 4, and this is their 20-month-old back here, and there was a proposal the many things that are left to be son, and they lost their mother. made in the House of Representatives. done, as you are graciously taking the Mr. Speaker, I am very pleased that The Senate took it up soon after that, opportunity to point out to us and give I have been joined by a number of col- passed a measure unanimously that we our other colleagues the opportunity to leagues on this issue. Again, we are could not pass in the House of Rep- talk about. talking tonight about work undone, resentatives. We have an economic stimulus pack- work that we need to carry forth be- It seems that our desire and Amer- age that is critical for the United cause we have been given this very spe- ica’s desire for us to be considerate of States of America. We obviously were cial challenge of September 11. While all the needs of all of the people and in an economic slump before the attack there are many who are still burying considerate of our political differences on September 11, and we certainly are their loved ones, they are also request- set partisanship aside; and on so many today. We are trying tremendously ing that the United States Congress things we have done that. But in too hard to affect the real areas of our moves towards addressing issues deal- many areas we have broken down in economy that can make a difference in ing with children, but also dealing with our ability to work together. re-creating the activity that helps so the question of airline security and I have big concerns about where we many people enjoy some level of qual- also dealing with the economic stim- are and why we are not able to move ity of life. That does not mean that we ulus package. this forward. We would not dream of have to put money out to those busi- As I introduce my friend and col- contracting out the protection that our nesses that are continuing to lay peo- league from Texas, I am going to con- police provide or the protections that ple off. It needs to be put in the hands tinue to discuss my family that is sym- our military provides. Why are we hav- and the pockets of the people who will bolic of the children who lost parents ing a debate today on whether or not spend it today because they need it on September 11. That is one unfin- this body would attempt to contract today. They need it to have food and ished business. How do we address their out airport security? That is, finally, clothing and shelter that will make a needs, the thousands that have yet we hope, going to be debated in a con- difference for themselves and their been, if you will, secured; or if we have ference as soon as the Senate, I think families. not found the kind of resources for they are preparing to name their con- We will pray for the family of the them, we must do so and establish the ferees, as we did yesterday. woman whose life was lost in that at- bully pulpit to get the government fo- Airport security forces have to be re- tack, and we will also pray for each cused on them. But we have something liable, standardized and verifiable. and every person in the United States that we have been focused on. There should be no compromise on of America that we will continue to Just this past weekend in Chicago it this. We should speak to the will of the hold together as we have and fight was determined that an individual people of this country, 82 percent of through this war that we are now liv- going through the security check was whom have told us what needs to be ing in the hopes that we will overcome

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.091 pfrm04 PsN: H07PT1 November 7, 2001 CONGRESSIONAL RECORD — HOUSE H7889 terrorism worldwide, that we will not grounds and that broke down to party believe that our discussion this evening ever face the terrible tragedy that we lines. That is unfortunate. That is is so important, work yet done that we faced in this country on September 11, what I am talking about. The biggest have to address. I have indicated estab- and the pain and suffering of the people concern that I had during that whole lishing an expedited process for these like this gentleman and two young debate was not that people are not children to get their benefits so that kids will have to face because of the going to be hired; people will be hired. they can continue on with their life, so loss of a loved one. We do not ever, ever We need that experience to be the same that schools can be notified in case want to see that happen again. If we regardless of what airport it is. there is a special treatment or special will act on these pieces of legislation As you were just saying, the training process, a special notice to help them soon, now, we can make a difference in has to be much more significant than with the trauma that they may be feel- their lives and an appropriate one. what it has been. And if we leave the ing; but yet we also have this airline I thank the gentlewoman for allow- people in charge of the process who security bill. Thanksgiving looms, one ing me to have the time. I wish you have been a part of the process, and I of the happiest and joyous times when well in your continued work as I do for might add that before the Transpor- families are going about the country all of us. tation Committee just 2 or 3 weeks visiting. I want them to do so. Ms. JACKSON-LEE of Texas. Let me ago, we had some of the major airport We have been on airlines since Sep- thank the gentleman for his leadership security companies represented at a tember 11. We were leaving to go to our on these issues. We did draw together meeting, three of the five present were district shortly thereafter to hold fo- quickly in Houston at our airport after foreign-owned businesses. If we are rums, as I did and as I know the gentle- the terrible incident to hear from our going to allow people working in our woman did, to hold forums to share local officials but also to address those airports for foreign-owned companies with people what happened and let concerns. We are now here in Novem- to be in line with our Federal security them express themselves. At the time, ber, and I believe it is extremely im- agencies, with information that is crit- I believe we all committed to working portant that we move forward. You ical to the security of the United on airport security, to looking at the may be aware that the U.S. Conference States of America and allow them to issues dealing with Afghanistan, to try of Mayors supports federalizing the se- come into this loop, I think that is a to deal with the pain of people being curity at the airports. ludicrous thing. But at this point, we laid off. Our work is still yet done. Might I just, before I yield to the dis- just have to have a bill before this I am delighted to yield to the distin- tinguished gentlewoman from Cali- President to sign so that the country guished gentlewoman to talk of the fornia, mention that just yesterday at can get back to traveling and feel safe work undone and that we must try to Dulles Airport, a passenger was able to in doing so. finish our legislative business so that get on with a different boarding pass. I hope that the House will quickly some of these people who have been so That compounded with the situation of consider what the Senate put forth and devastated, whether they have lost Mr. Gurung at O’Hare to the extent, I that in our conference, whenever it loved ones, whether or not they have just want to call out what it is alleged happens and hopefully it will happen not got the full confidence of flying, that he had, seven knives, a stun gun very quickly, maybe Monday or Tues- even though we are encouraging every- and pepper spray. And that he was also day of next week, that we can have a one, we are not trying to scare people, released. Certainly we believe in civil bill that the people of this country will we are just trying to do our jobs, but liberties and respect for the individ- be as happy with and feel secure with we need to finish these tasks. These are ual’s rights, but because there were no as they have in the statement that was very important tasks, so that we can standards, the individual was released, made very clearly that this whole proc- make good on our commitment to the where he was, if you will, able to leave ess be federalized. Regardless of the American people. without further determining any asso- end run, we have to have the standard I yield to the distinguished gentle- ciations that he might have. in training and in action and in a ca- woman from California. I yield to you to answer this ques- reer path that allow people to keep an Ms. MILLENDER-MCDONALD. I tion. This is not an issue now of num- interest in the job that they are doing thank the gentlewoman so much for bers of employees or who hires employ- in the hopes that because they do a yielding. Let me commend you on the ees. I think the American people real- good job at one level, they will be able leadership that you have taken for our ize this is an issue where we need con- to grow from level to level and on children around this country, those sistency. We need every single person through, so it truly becomes a career. who have been devastated by the hor- dealing with security, whether they are Through that, I think our country rors of September 11, as we call 911, ur- in a small airport in Mississippi or will be safer and more secure in their gency. Let me also commend you on California or a large airport in Texas travels, our economy will get back to your tenacity to make sure that this or New York to have the same com- what it was doing before with so much House gets in front of it the piece of prehension of what you should be look- of it being driven by tourism, by hotels legislation that will help these chil- ing for, what the standards are for an and many other tourist activities that dren to get benefits for those horrific individual who may have violated the are involved with air travel. I think things that they had nothing to do law. You treat them with the respect of these are critical pieces. with: the loss of parents, the loss of the law, but you also treat them with My plea to our colleagues is that we loved ones, the loss of even having the the severity of the issue. set aside partisan politics in this mat- ability to carry on without counseling. Let me yield to the gentleman. Does ter, do the business that the people of I would like to join you and the Wom- the legislation that we are trying to this country want them to, and let us en’s Caucus to call all agencies to see propose even with the conference and get this bill back over here so we can how soon they can expedite the fund- the fact that the bill that the Senate put it on the President’s desk and let it ing, the benefits for these youngsters passed 100 to nothing but did not pass become law. so we can get counseling done so that the House have anything to do with Ms. JACKSON-LEE of Texas. I am they can get back on track. I would politics or does it have to do with se- hoping that is the case. I am very love to join you in those efforts. curing our Nation? pleased that we have also been joined I also commend you for helping us to Mr. LAMPSON. In my opinion, the by the distinguished gentlewoman from categorize just what is left on this ideology difference that we had in the California (Ms. MILLENDER-MCDONALD), floor, why we are still here this Novem- House came down to politics. It is clear whom I believe is as well on the Trans- ber 7 or 8, I have lost count of the to me that 49 Senators and 50 Demo- portation Committee and the cochair dates; but it is because when we rushed crats and one independent coming to- of the Women’s Caucus. to pass an airport bailout, I was all for gether in the Senate on one bill was I thank the gentleman from Texas that, being a senior member of the not a political statement. It was a for highlighting for us the importance Aviation Subcommittee of the full statement in belief of the American of standards and just how ludicrous it Transportation Committee rep- people. When it came to the House, the is that we would have incidents like resenting California; and I thought this House was broken on ideological this that are occurring. That is why I was the proper thing to do, because on

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.093 pfrm04 PsN: H07PT1 H7890 CONGRESSIONAL RECORD — HOUSE November 7, 2001 the day of 9–11, we had to bring in 2,200 on this stimulus package to be for stimulus package, and that is that we flights from the air to the ground at health care and unemployment bene- are about to enter into the holiday sea- the request of the Secretary of Trans- fits. If we are going to rush people off son. We have been charged and chal- portation and the President and Vice of jobs, 100,000, we certainly should lenged by the President to go on with President. have the funding to give them unem- our lives. If there is ever a season But little did we know that an airline ployment benefits that they rightfully where families are out, when con- security bill would be this long in com- deserve. We should be able to try to sumers present the final indicators of ing, for heaven’s sake. We thought that give health care to the over 11 million how the economy is doing, it is the after bailing out the airline industry, children who are uninsured and the 44 Thanksgiving through the holiday sea- the secondary thing would be to make million adults who are uninsured. son, the many names that the Christ- sure that all of our folks who work at So I thank the gentlewoman tonight mas holiday season is called, whether the airports and on the aircrafts will be for allowing us to bring into focus for it is for the different faiths. But it is a secure. Of course we asked for the the American people the unfinished holiday season. cockpits to be fortified, and that is business, the business that is truly the I cannot for the life of me understand what was in all bills. We asked for the people’s business that is going undone. why we cannot immediately move an flight attendants to get antihijacking Ms. JACKSON-LEE of Texas. Mr. economic stimulus package that goes training as opposed to some generic Speaker, I thank the gentlewoman to the consumers, small businesses, to type of training. That was put into the very much for her leadership on this provide for health care and unemploy- bill. We also asked, and I was very dog- very important issue, and I might ask ment benefits, not just for the airline ged about this, that you do not remove and pose a question to the gentle- workers, but as we are coming to un- these screeners until they have the op- woman as well on this question of un- derstand, workers around the Nation. portunity to vie for positions, to take finished business: Can we do any less? What I believe is so important is get- First, I want to thank her for her exams and to try to keep their jobs. I ting this message out to the American leadership, as I indicated, as Chair of am livid that that happens and con- people of how we need to move on that the Women’s Caucus, and also her work tinues to happen. You do not just erase package. in the Committee on Small Business as Ms. MILLENDER-MCDONALD. Mr. thousands of people off a job just to well her work on the Committee on Speaker, I agree with the gentle- bring out a whole new crop. You see Transportation and Infrastructure. All woman. As I have said, and I will reit- how qualified those are who are cur- of that seems to be lodged right here. erate, in order to move any economic rently in those positions. But the The gentlewoman raised a point that stimulus package, you must have peo- whole thing of federalization comes to I think is very important, and I hope in ple buying into the economy, and in be. the conference, if they change any- order to do that, you must give low-in- And when we talk about security, thing in the bill, they will address the come workers a rebate so that they can that is a national issue when it comes question or at least make known that provide the toys and those other types to American people. And so I will say there are some qualified individuals of things that we provide for our chil- to you that I am a little disheartened who are presently working for private dren. We can ill afford not to do that. over the fact that we have not passed contractors who should be given the I also would like to say that when as yet the people’s bill, because that is opportunity to apply. What we are say- you talk about the private companies the people’s bill. That bill will rush ing is that there are no standards, engaging in the screening and screen- people back on to the aircrafts; it will there is no training, and we are also ers, we know that those private compa- boost our economic stimulus, because saying that these private companies nies were in violation over millions of what it will do is bring back that $6.6 have erred toward not paying money, dollars. But if we are talking about na- trillion that we see with the traveling not paying benefits, undermining the tional security, we have to be careful public. It will bring an additional $6.5 quality of the employee so that they of how we disseminate information trillion that we see in tourism. And so can get the cheapest bid. that we want to do now, that we are all of those things will help our eco- We know that one of those companies talking about the integration of infor- nomic stimulus package. was engaged in O’Hare, and in fact, we mation. I am joining the Democrats and espe- have run into that same company en- We have to be careful how we are cially the Senate side and our side, too, gaged in some other activities that going to integrate information coming in asking for the stimulus package to brought about tragedies. I think it is from the CIA and FBI to some private include a consumer interest-type of well-known and they have been pub- company, especially foreign-born com- provision for those who are low-income lished. So they are really an example, panies. So we have to be very clear and workers who do not have homes but if you will, of the need for not pro- very careful on that. need some type of rebate so that they moting self-interest, if that may be the Secondly, when you talk about fed- can go out and join the crowds in the case, of worrying about what private eralizing workers, as a former per- mall with this upcoming big holiday. I contractors may be eliminated, and sonnel director, we had a merit system would like to ask for $14 billion for tax really talking about the public inter- in place in the Federal Government. rebates to low-income workers, $27 bil- est, the national interest, of how we You will have a merit system, and you lion to spur businesses and their in- can create standards. So I want to ap- cannot just do an exodus of employees vestments. plaud the gentlewoman for that. without them having their due dili- I would like to also talk about those I think if there is anything else they gence and fairness. So this is why we small businesses that came to talk fix in the conference while they place need the federalization of those screen- with me. As the ranking member on federalizing the security as a priority ers. the Small Business Committee, I had out of that conference committee, tak- I thank the gentlewoman so much for about 15 businesspeople from lower ing it out of the Senate bill, would be having us come today to talk about Manhattan come to meet with me last also the eliminating of this super-citi- this. week. They said, we need some type of zenship, which means you have to be a Ms. JACKSON-LEE of Texas. I thank stimulus; we need some type of push citizen for 5 years. We respect the fact the distinguished gentlewoman. The because we are losing our family busi- that there are difficulties in dealing important point she raised was, first of nesses in lower Manhattan, New York. with people who are not citizens, and I all, the disseminating of information. have raised that concern. When we are looking to secure our air- b 1800 I have another concern on that issue, ports, share intelligence, would it not That is what we are talking about, but I am going to focus just tonight on be more appropriate to have these par- making sure that small businesses get making sure if you are a citizen, then ticular workers under the Federal aus- their rightful stake in this stimulus there is no reason to put a number of pices, under Federal law enforcement, package. years on it. I do not think we need to under the Department of Justice? Lastly, I would like to see the $24 bil- do that. Then, with the economic stimulus lion that is being requested by Senator But my question to the distinguished package, does it make sense to give bil- DASCHLE and others who are working gentlewoman deals with the economic lions of dollars to corporations, and the

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.095 pfrm04 PsN: H07PT1 November 7, 2001 CONGRESSIONAL RECORD — HOUSE H7891 consumers are left holding the bag? I having been identified, but things we anxiety and fear and increased the lack would like to say to her, I would like have undertaken on this floor that of confidence in our infrastructure to take her up on that offer in trying have not been finalized. As flawed as being capable of responding or pro- to reach out to Federal and local and the transportation piece is that came tecting us. State agencies to see how they are from the floor, we are hoping that dur- The first responsibility a government doing with our children. ing the conference meeting it will be has is to protect its citizens. The next Mr. Speaker, I am very pleased to be improved. You have already mentioned one, it seems to me, is to give a sense able to yield now to the distinguished some things perhaps it ought to con- of freedom and opportunity that they gentlewoman from North Carolina sider. can bring their children up or their (Mrs. CLAYTON). But we had our opportunity at bat families can grow and be provided for. When I mentioned to her that we over here, and most honestly, we We need to make sure that we are pro- were on the floor today to talk about missed a few balls. But, as they say in viding those necessary resources to unfinished business, knowing her work the ball game, ‘‘It ain’t over until it’s shore up our health departments, to in the Committee on the Budget, I over,’’ and it is not over until indeed shore up our first-line responders, to know she has great insight into what we have finalized the conference bill. give them the tools, the information, we need to do with the budget, on how So there is hope. the technology, the collaboration. we need to balance the needs for secur- I think we do need to federalize the I am pleased that President Bush has ing this Nation, and also her experi- security. I think it is unthinkable. We appointed someone to focus on that. ence. Both of us have experienced ter- would not think of not federalizing the Governor Ridge has that responsibility, rible natural disasters, when she had to Border Patrol. Those workers are and I am very pleased that that has single-handedly work to help save her under a certain standard. The idea that happened. But that will not do it, just hometown and local community of we cannot find ways of dealing with to have a spokesman. He needs to have Princeville, and I just experienced them in a fair way, in recruiting those the authority, plus the local people Tropical Storm Allison. You have to who are among the contractees now who will be working with him, whether get busy and finish the job because peo- who possibly could qualify is to suggest State or local, need to have the capac- ple are in pain. that we do not know how to recruit ity to respond to give our communities I want to thank the gentlewoman for people. So I think that is a bogus argu- that kind of response. her great leadership on the Committee ment that we cannot control, or we do The whole idea of homeland security on the Budget and on the Committee not know how to dismiss them or dis- is, not only have we been threatened on Agriculture and her knowledge cipline them. physically, but our economy has been about rural areas. We know how to discipline our mili- threatened, our way of life has been As I yield to the gentlewoman, no tary. They are federalized. They have a threatened. So we need to give con- one has really mentioned the last plane certain standard. We know how to dis- fidence back to families that the gov- fell in Somerset, Pennsylvania. I imag- cipline our CIA. They have a certain ernment will respond to them in their ine that was a rural area. We do not standard. It is the same thing with hour of need. know what kind of impact it had, we them. We know how to recruit and em- Yes, we did pass the airline reassur- have not made a determination. There ploy and discipline the FBI. They are ance, or bailout, whatever you want to is a lot of work we need to do. all federalized. call it, and perhaps they needed those I am delighted to yield to the distin- So the intelligence, the military, in monies. But I thought it was grossly guished gentlewoman from North Caro- fact, the Capitol Police officers, are unfair to put them ahead of people. I lina (Mrs. CLAYTON). employed by the Federal Government thought both of them needed to be Mrs. CLAYTON. Mr. Speaker, I am with certain standards. So to suggest helped. I did not think that the big very pleased to join the distinguished that we need to have a different struc- dogs needed to eat before the little gentlewoman from Texas. Again, I ture because it is unmanageable does dogs. I thought all of them needed help. want to join my colleagues in thanking not bear well on the consistency of how Children and unemployed people need you for arranging this special order so we protect ourselves. to have that opportunity. we can talk about the unfinished work I want to spend my time, though, So we have an opportunity still to that we should complete prior to the talking about your idea of what we do make sure we extend those resources, holidays or the work we should com- in terms of children, and I want to par- make sure health care is there, and to plete in the next few days or certainly allel some opportunities. provide for families to do that. in the next few weeks. I think in homeland security, as well Finally, I want to parallel children in The gentlewoman mentioned the as national security, we need to take foreign countries as well. We have issue of airline security that has been every opportunity to look at our com- made a military response to the at- talked about by both of my colleagues munities in holistic ways. We need to tacks, and they were horrific. They who preceded me, being on the Com- take opportunities as we look at these were unacceptable and there is no ex- mittee on Transportation and Infra- threats, again referring to the Com- cuse for it. There may be causes, but it structure and having interest in the mittee on the Budget, the threats on is still unacceptable. airlines. our water system, threats on our food I serve on the Committee on the program, bioterrorism, chemical b 1815 Budget, and today we had a homeland threats, low-tech threats, all of the in- So it was a terrorist act without jus- security hearing. At that homeland se- formation, cyberterrorists, all of these tification. But nevertheless, in those curity hearing we were privileged to are potential threats that we need to countries, there is the instability that have the Director of GAO share with us find ways to handle. gives opportunity for terrorists to a number of reports that they had per- But we have an opportunity before grow. In those countries are families formed throughout, I guess, the last 2 we leave in the next few days to make and children who are suffering. In Af- years. sure we find resources to make it avail- ghanistan itself, it is reported as of But the latest report that the gov- able to our local health departments, this last week, 6 million people, most ernment is using comes from the GAO our local front-line defenders, to give of them women and children. Let me audit, which actually was released the confidence. say that again, Mr. Speaker: 6 million very day that President Bush came and What we have as a result of Sep- people. We are dropping more than 1 spoke to the combined House here in tember 11, America is really feeling million packages of food which will the House of Representatives when he great fear and anxiety, more anxiety feed for one day. It will not at best re- spoke to the Nation. It basically talked about the homeland threat than they spond to more than 1 million. Already about the threats that may affect our are about our national threat, to be they cannot get the food in certain homeland security and looked at what most honest. Not only with the attack areas. So we need to find ways of work- the roles of the government should be. on September 11, but since that we ing with our allies to bring, in parallel Obviously, there are things we could have had the anthrax attacks; and all with our military, a humanitarian ap- do now, not only because of that report of those have just raised the level of proach.

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.097 pfrm04 PsN: H07PT1 H7892 CONGRESSIONAL RECORD — HOUSE November 7, 2001 Now, the United States has done well we do patchwork, we get that kind of Unless we deal with the needs of peo- in terms of providing food for needy response. So we have an opportunity to ple, the starving people in Afghanistan, countries, but we can do far more. Our respond to the holistic need and the the starving people around the world; strategy must be one that says our vulnerability that my people back in in the Sudan, there are tragedies hap- military will always be strong; but our my district feel, both physically, but pening there between religious groups; strategy has to be, if we do not want also economically, and the vulner- but unless, as I hear the gentlewoman our homeland security and our na- ability that we see that is nationwide saying, we address the pain of starving, tional security continuously threat- is also one of military strength, but millions of starving Afghanis, millions ened by terrorists who come from un- also of diplomacy and humanitarian. of starving people who are innocent, stable situations, we have to be smart So we have opportunity. the terrible cold that is going to be ap- enough to try to prevent the cause of Again, I thank the gentlewoman for proaching, and we can certainly salute that, as we indeed defend militarily allowing me to participate. our military. anyone who is killed or maimed or Ms. JACKSON-LEE of Texas. Mr. By the way, I want to salute them. brought harm to the American citizen. Speaker, reclaiming my time, I thank We are approaching Veterans’ Day. I So we have an opportunity here in this the gentlewoman for bringing her in- want to thank all of the men and country, both to respond to corporate sight to the floor of the House this women who are protecting us all over America, but we also have to respond evening, particularly since the gentle- the world who are part of the United to the average citizen and children. We woman just came out of a very impor- States military. But unless we address also as a great Nation have an oppor- tant budget hearing on the question of the question of the pain in this coun- tunity, an obligation to defend our how we prepare long range. try, and that we take these children country. So military strategy has to be As the gentlewoman well knows, we away from these kinds of terroristic involved, but at the same time we have formulated a Homeland Security training, we take them away from ought to be doing humanitarian Task Force that has just presented a being brick makers at 8 years old. I do strikes. report that our caucus has received and not know if we know that Afghan chil- So we have an opportunity as we reviewed; but what the gentlewoman is dren are working at 4 and 5 and 6 and close these last few days, yes, to do the highlighting, and I want to yield to the 7 years old to bring home 50 cents a final version of the airline security; gentlewoman on this question, is that day, 50 cents a week, making bricks. I and hopefully, they can work out a we now have the opportunity. We are think the gentlewoman knows that the compromise that will improve what we here now. This is November. Our work gentlewoman from California (Ms. have, and we certainly need to do more is not yet finished; appropriations bills SOLIS) is doing a briefing on Afghan on the stimulus. The stimulus program are yet unfinished. But we need a new women. We have agreed to join her to that we passed in this House is really bill from the administration and we do one on a separate day on Afghan shameful when we understand the need the Committee on the Budget en- children. But as I hear the gentle- needs of the unemployed, the needs of gaged so that we can address these woman saying, we have to wake up and the children, and the needs of those issues head-on with a plan. The Com- address those issues. I yield to the gentlewoman. who do not have opportunities for mittee on the Budget provides the Mrs. CLAYTON. Mr. Speaker, first I other resources, and giving them a tax plan, the vehicle, and I know that with think it is almost shameful that we break is not the response that they some sense of humor; but we will not ask the local policemen and the fire- need for shelter, for clothing, for food, make light of this. There are always men to sacrifice their lives, and yet we and yes, also for Christmas and toys. some vigorous debates sometimes be- give GM and these big corporations big They need some basics, and we are not tween our budget legislators and our tax breaks, but we do not give the fam- providing that as a great country; and appropriators, but we have been work- ilies of these people those kinds of I think we can do that. ing together. breaks. Just to use the comparison in Again, I want to thank the gentle- The gentlewoman has seen now what that stimulus. There are some prin- woman for her leadership and her vi- the long-range plans need to be. It does ciples in the stimulus, and the Com- sion to challenge all of us that in these not seem like the economic stimulus mittee on the Budget might not agree waning days, we have an opportunity, package that has been proposed by this on both sides, but they agree on the but more than that, we have a chal- House that so many of us opposed took principles. The stimulus needs to be lenge and an obligation to make sure into account the dollars that we might short-lived. The stimulus needs to have we take care of the American people need for long-range planning, and I am an effect that it would cause people to and take care of all of them, not just going to pose that question to the gen- have confidence, and also the stimulus part of them, all of them. Our humani- tlewoman. As we move through the ap- would be the one that would bring no tarian efforts, our responsiveness to propriations process, this economic harm in terms of increasing the deficit. the whole community requires us to stimulus package is sort of a part of Also the issue of Afghanistan and what look at our infrastructure, requires us that; but it has no plan to it, because we must do in that area, I think the to look at our health and education none of us can comprehend billions of gentlewoman is right. needs, and requires us to look at secu- dollars going back to large corpora- I think to the extent we fail to speak rity of our airlines. But nationally, the tions on tax rebates to them dated to the great gap between societies, we reason we have trouble in our home- back to 1986. My son was born in 1985. are creating those vacuums where dic- land security is that we are threatened It almost looks like we are burdening tators and terrorists come and fill that by those who dislike us enough to kill people with monies that have been long void. That is what bin Laden did in Af- us. Whether that is reasonable or not, given and really are not at this point ghanistan. That is what we find in we have to find how we change that. the appropriate utilization of precious other countries where they are har- Not to suggest that we ever give up our Federal dollars. boring terrorists or governments that military response, but we are very The other point I would like the gen- are unstable. So there is value in shortsighted as a country if that is the tlewoman to be able to comment on, America spreading democracy or try- only approach. Because what we will be and I thank the gentlewoman for that, ing to stabilize those communities for doing is fighting this war sometime I am not sure how we can approach our own selfish interests. It is in our next year, the next year and the next this; but the gentlewoman has high- interests to have stability in the Mid- year, because what we are doing is giv- lighted a very important point. What is dle East. It is in our self-interests to ing opportunities for new terrorists to happening in Afghanistan and neigh- have stability in Afghanistan and attack us. boring Pakistan is that children are Pakistan, if no more than to keep down So our homeland security and our na- being sent to these terrorist schools, the potential of a threat of terrorists; tional security is tied almost the same these schools that are training them but it is also in our interests in the way in that our policies do matter. for lack of something else to occur in long run to have trading partners. So There are consequences of our foreign their lives, and they are being led to we want to secure those. policy and there are consequences from believe that we are bad and they are So both of those questions are very our domestic policy. To the extent that good. important. Again, I want to thank the

VerDate 06-NOV-2001 01:07 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.099 pfrm04 PsN: H07PT1 November 7, 2001 CONGRESSIONAL RECORD — HOUSE H7893 gentlewoman for the opportunity, and I for all the idea of knives and such in- alone is strong evidence that the projections of want to wish her well in pushing her struments being carried on to planes. I children affected should be interpreted quite bill and that we should consider that. think if the American people know you liberally. Ms. JACKSON-LEE of Texas. Mr. cannot carry them on, you will be sub- Whatever the actual number, one thing is Speaker, I thank the gentlewoman. I ject to criminal penalties, they will ad- clear—as Members of Congress we must ad- thank all of my colleagues who have here to that; and I believe that is ex- dress the needs of our children, the most vul- taken the time to address the question tremely important. nerable of all Americans, first and foremost. of unfinished business. I started out by My resolution before us today, H. Con. Res. b 1830 saying that 9–11 was a day in infamy, it 228, addresses this great need. It expresses was a day of pain. It was a day where And then it is crucial in the eco- the sense of the Congress that the children many of us have said, let us go on with nomic stimulus package that we take who lost one or both parents or a guardian in our lives, we do not want to talk about care of those individuals who have been the September 11, 2001, World Trade Center it; but it is the responsibility of those laid off through no fault of their own and Pentagon tragedies (including the aircraft of us in government to talk about it because of this enormous tragedy; that crash in Somerset County, Pennsylvania) and act upon it to heal the American we provide unemployment benefits and should be provided with all necessary assist- people. health benefits; that we get help to the ance, services, and benefits and urges the Let me just summarize what I think small businesses that are out there heads of Federal agencies responsible for pro- our unfinished business is. It is to deal struggling, as they are the infrastruc- viding such assistance, services and benefits with the children. As I started out, I ture, the backbone of America; the to give the highest possible priority to those want to thank the leadership of this concessions in the airport are suffering children. House that I understand will possibly as well; that we provide a rebate to This resolution is non-controversial. It mere- be giving us an opportunity to debate those low-income workers and mod- ly prioritizes the delivery of Federal benefits this resolution, and I am very pleased erate-income workers who will take currently available under Federal law to chil- with that. I think the Members of the those dollars and put them back into dren who have lost their parent(s) or guardian House realize the importance of the the economy as we move toward the in this horrific tragedy. These should include: long-range impact on the children that holiday season. (1) foster care assistance; (2) adoption assist- lost a parent or guardian or parents on Let us not get into any kind of war- ance; (3) medical, nutritional, and psycho- that day. They are going to need foster fare about what large corporations de- logical care; (4) educational services; and (5) care assistance, adoption assistance, serve funds and which do not. Let us such additional care or services as may be medical, nutritional, psychological attempt to do the job, Mr. Speaker; fin- care, educational services and other necessary in light of this tragedy. ish our business and provide for the Additionally, we urge such agencies, to the services. American people through a real stim- We realize that those children who maximum extent possible, to take such steps ulus package; with airport security, are separated from family members are as necessary to ensure that such assistance, federalize it and let the conferees do going to need the kind of direction services and benefits are provided within 60 the bidding of the American people. from government, or at least the impe- days of the date of the determination of the Then let me be grateful for the fact tus of government, to encourage that death of the child’s parent or guardian. that we are going to work to help our these children get with relatives, close Much of the funds that would be utilized for children. We have not forgotten this relatives; and then we are going to services in this legislation would come from family. I would simply say that we need to give those relatives the finan- the Social Services Block Grant (SSBG). The have work to do. Let us get it done. cial support based upon benefits that SSBG is a flexible source of funds that states Mr. Speaker, the tragedies of September are due these children. This resolution may use to support a wide variety of social will address local and State govern- 11, 2001 left thousands of victims from around services activities. ment and the Federal Government to the world, killing hundreds from Britain, more In FY 1999, the largest expenditures for get those benefits out, not handouts, than 130 Israelis, more than 250 from India, services under the SSBG were for child day but benefits due these children in a 60- and scores of others from El Salvador, Iran, care, foster care for children, and prevention day period from within the determina- Mexico, Japan and elsewhere. Indeed, these and intervention services. tion of the death. We think this is attacks against all people, and against all hu- There are no federal eligibility criteria for something we can do. I applaud the manity are, as Mayor Rudolph W. Giuliani cor- SSBG participants. Thus, states have total dis- leadership of the House for the appear- rectly noted, ‘‘more than any of us can bear.’’ cretion to set their own eligibility criteria (with ing opportunity to do this. But perhaps the greatest victims of these exception of the welfare reform law’s income Airline security must be done now, tragedies are the yet-to-be counted children limit of 200% of poverty for recipients of serv- and it must be federalized. The Attor- whose parents or guardians never came home ices funded by TANF allotments that are ney General said about a private con- on September 11, 2001, and never will. transferred to SSBG). States also have wide tractor even before this terrible inci- As Chair of the Congressional Children’s discretion over the use of these funds. Federal dent in Chicago, an astonishing pattern Caucus, I call on Congress to recognize the law establishes the following broad goals to- of crime that potentially jeopardized uncounted victims of these tragedies: the chil- ward which social services must be directed: public safety described one of the pri- dren. Their slain parents and guardians were Achieving or maintaining economic self-sup- vate contractors doing Federal secu- the passengers and crew of Flight 77, Flight port to prevent, reduce, or eliminate delin- rity. My friends, let us restore the 11, Flight 93, and Flight 175. They served our quency; achieving or maintaining self-suffi- faith of the American people back into great Nation at the Pentagon, both as civilians ciency, including reduction or prevention of de- the travel industry, and in particular and military, and they were the thousands of pendency; preventing or remedying neglect, our airlines, on the brink of this holi- innocent civilians and rescue workers killed or abuse, or exploitation of children and adults day season. I am flying. We are all not injured at the World Trade Center on Sep- unable to protect their own interests, or pre- trying to create hysteria; but it is long tember 11, 2001. serving, rehabilitating or reuniting families; pre- overdue for us to be able to check and Today, six weeks after the September 11, venting or reducing inappropriate institutional to screen checked bags, to be able to 2001 attacks, there is still no official overall care by providing for community-based care, train and have standards on people who count of the bereaved children. Speculation as home-based care, or other forms of less inten- are checking us into the airport. We do to just how many children have lost at least sive care; and securing referral or admission not mind being checked. We just want one parent or a legal guardian range in the for institutional care when other forms of care to make sure that they check us the area of 10,000 (based on various news are not appropriate, or providing services to same way in Atlanta that they do in sources and cited last week on National Public individuals in institutions. Chicago; that someone is not just look- Radio by Senator HILLARY RODHAM CLINTON) Federal law also provides the following ex- ing at you in Chicago and screening to 15,000 (cited in an editorial in The Times amples of social services that may relate to you and all that you have in Atlanta. on September 26, 2001), to the conservative these broad goals: Child care, protective serv- Standards are extremely important for estimate of 4,000 who qualify as ‘‘orphans’’ ices for children and adults, services for chil- federalizing. under the Twin Towers Orphan Fund. Finally, dren and adults in foster care, health support I plan to offer a bill, it has been in the early estimate of 1,500 children left by the services, and services to meet special needs the drafting stages, to outlaw once and 700 missing Canter Fitzgerald employees of children, aged, mentally retarded, blind,

VerDate 06-NOV-2001 01:29 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 9920 E:\CR\FM\K07NO7.101 pfrm04 PsN: H07PT1 H7894 CONGRESSIONAL RECORD — HOUSE November 7, 2001 emotionally disturbed, physically handicapped, the children who lost parents or a guardian in Afghan Children: While H. Con. Res. 228 alcoholics and drug addicts. the September 11, 2001 tragedies because specifically speaks on the children who lost My legislation, H. Con. Res 228, would ex- the circumstances and violence of the loss is parents during the September 11 attacks, press to the States that these funds be expe- analogous. there are millions of children in Afghanistan ditiously distributed to the proper Agencies so The combination of witnessing and experi- who will lose a father and/or mother as a re- that needed services for the children who lost encing traumatic events and multiple environ- sult of the War Against Terrorism. A genera- parents or a guardian during the attacks of mental and family factors further contributes to tion of Afghan children is at risk. We cannot September 11 may be rendered. various mental health problems. Statistics indi- forget these children and they will be the focus Mr. Speaker, this resolution is greatly need- cate that only one in five children with a seri- on an upcoming briefing co-sponsored by the ed now. ous emotional disturbance receive mental Children’s Caucus. Foster Care and Adoption Services: These health specialty services. That’s why I intro- As Members of Congress, we bare the great services are crucial to any child who has lost duced H.R. 75, the ‘‘Give a Kid a Chance Om- burden of providing and protecting these chil- their parent(s) or guardian. The importance of nibus Mental Health Services Act of 2001’’ to dren. This is perhaps our greatest and most providing such services expeditiously cannot promote mental health among all children and sacred responsibility. So today I urge us all to be underestimated, particularly in light of their families and to provide early intervention come together as parents, as leaders, and as compounding emotional trauma endured by services to ameliorate identified mental health Americans to provide these children with the these children. problems in children and adolescents. This services and benefits that they so desperately At a recent Congressional Children’s Cau- legislation is greatly needed, but the resolution need are entitled to. cus briefing held on October 12th, 2001, Cindy before us today, H. Con. Res. 228, effectively Thank you. God bless the Children, and Freidmutter, Executive Director of the Evan B. address the issue of mental health in our chil- God bless the United States of America. Donaldson Adoption Institute in New York dren in light of these tragedies. f spoke to this issue. She noted that after Sep- Mental health is indispensable to personal tember 11, the Adoption Institute proposed the well-being, family and interpersonal relation- ANNOUNCEMENT OF INTENT TO Permanency Project to minimize further trau- ships, and contribution to community or soci- OFFER MOTION TO INSTRUCT ma and uncertainty in the lives of children who ety. This resolution recognizes the need for CONFEREES ON H.R. 2500, DE- lost one or both parents in the attacks. such services and makes them available. PARTMENTS OF COMMERCE, This project is needed due to the uncertain Educational Services: Clearly, children dis- JUSTICE, AND STATE, THE JUDI- future faced by children who have lost their placed from their homes, communities, and CIARY, AND RELATED AGENCIES parent(s) or guardian. For many of these chil- families must be stabilized as soon as pos- APPROPRIATIONS ACT, 2002 dren, extended family members become deci- sible, before further damage is done. One of Mr. ROHRABACHER (during the Spe- sion-makers and permanent caregiver for the most important factors in providing such cial Order of Ms. JACKSON-LEE of these children. Some children, however, may stability immediately, and in preventing further Texas). Mr. Speaker, I hereby give no- not have a relative or friend to assume paren- de-stabilization is maintaining the level of edu- tice that I intend to offer a motion to tal responsibility and eventually enter the pub- cation that existed prior to the loss of the par- instruct conferees. lic welfare system. Other children find them- ent(s) or guardian. This resolution provides for The form of the motion is as follows: selves moved around from relative to relative. such services. Mr. ROHRABACHER moves that the man- Best practices and research in the fields of Other Services: Finally, other services may agers on the part of the House at the con- adoption and child welfare dictate that two be deemed appropriate in light of the situation ference on the disagreeing votes of the two considerations should be paramount in offer- as it progresses. While it is impossible to an- houses on the bill, H.R. 2500, be instructed to ing crisis services to these children and their ticipate and enumerate every conceivable situ- insist on the language contained in section families/caregivers. First, it is critical to quickly ation calling for the need for such services, 626 of the House-passed bill and section 623 of institute and support a stable family structure this resolution recognizes the need for com- the Senate amendment, prohibiting the use because repeated changes in caregivers for of funds in the bill by the Department of mon sense and discretion in determining what Justice or the Department of State to file a displaced children can cause irreparable harm. services are needed given the particular situa- motion in any court opposing a civil action Second, children who have lost their parent tion as it applies to children. against any Japanese person or corporation benefit by having a permanent caregiver who Update on Mr. Calderon and His Children: for compensation or reparations in which the is a family member or close family friend, and Mr. Calderon is 39 years old and moved to plaintiff alleges that, as an American pris- when possible, it is beneficial for such children New York City from the Dominican Republic 7 oner of war during World War II, he or she to remain with their siblings. Separation from years ago. He and his children currently reside was used as slave or forced labor. remaining biological family members can in the Washington Heights neighborhood of f cause these children significant additional Manhattan. DENOUNCING BRUTAL TREATMENT At an October 12 briefing sponsored by the trauma. OF AFGHAN WOMEN AND WOMEN This resolution recognizes these needs, and Congressional Children’s Caucus, Mr. AROUND THE WORLD to the greatest extent possible, provides for Calderon spoke about his wife Lizie Martinez- services that best serve these children. Calderon, who is still missing from the attack The SPEAKER pro tempore (Mr. Medical and Nutritional Services: Without a at the World Trade Center. SCHROCK). Under a previous order of parent or guardian to provide regular medical Lizie was employed with Aon Financial the House, the gentlewoman from Cali- and nutritional services, children face wors- Group, which was located on the 100th floor fornia (Ms. MILLENDER-MCDONALD) is ening situations still. This resolution ensures of Tower 2. They were married in 1996. recognized for 5 minutes. that such services are available. The Calderons have two young children, Ms. MILLENDER-MCDONALD. Mr. Psychological Services: According to the Naomi, 4 years old, and Neftali, 20 months, Speaker, as the co-chair of the Con- National Mental Health Association, children Mr. Calderon is a school bus driver, but was gressional Caucus on Women’s Issues, I who experience such trauma are at extreme force to take a leave of absence in order to am here again to denounce the brutal risk of mental disorders, particularly in situa- care for his children. and horrific treatment directed against tions such as this, where ongoing trauma ex- As a result of that briefing, which included a Afghan women and women around the ists due to the loss of parents or a guardian. panel of experts whose agencies deliver serv- world. For example, children who lost a parent in the ices to families, Mr. Calderon is now able to Mr. Speaker, I have developed a Bosnian War still experience chronic depres- provide for his children. The American Red track record for supporting legislation sion, post traumatic stress disorder, and grief, Cross, with the personal assistance of Ron and championing causes that support even years after the Bosnian War ended. Houle, presented Mr. Calderon with 2 months the needs of women, such as pay equity These children have been further deprived of rent, and will be providing food and winter and the enforcement of antidiscrimina- a normal grieving process due to difficult and clothes for his children shortly. Mr. Calderon is tion laws. painful thoughts in the way in which their also expecting financial assistance from the My passion for supporting the needs loved one died. As a result, these children Red Cross to help with living expenses and to and rights of disenfranchised women needed and continue to need intensive and help secure a future for his children. Because and children has motivated me to urge long-term mental health services. of this greatly needed assistance, Mr. my fellow House colleagues to join me Importantly, the trauma that the Bosnian Calderon is able to return to his job in a few in denouncing oppression wherever it is War children endured closely parallels that of weeks. manifest.

VerDate 06-NOV-2001 02:11 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.031 pfrm04 PsN: H07PT1 November 7, 2001 CONGRESSIONAL RECORD — HOUSE H7895 I have vowed to revisit the plight of VAWA, more than $1.5 billion in grant which we do that, of course, it is com- Afghan women each week until gender funds have supported the work of pros- mendable and it is important; and it is apartheid there ceases to exist, and for ecutors, law enforcement officers, the absolutely the right thing to do. several weeks I have passionately ad- court, victim advocates, and health But it is amazing to me how much dressed these concerns. Therefore, I care and social service professionals. time and energy we spend in that. We come before this body not only to ex- Through the support of VAWA fund- passed something called a stimulus press my outrage and sorrow about the ing, my home State of California main- package. It is really a security pack- plight and treatment of Afghani tains 23 sexual assault response teams, age. It is designed to make sure that women by the Taliban regime, but to 13 domestic violence response teams, the American economy remains strong also express my outrage regarding do- and scores of domestic violence advo- and that people remain employed, and mestic violence within our own bor- cates located in law enforcement agen- we do this as we watch an economy ders. There are atrocities that we and cies throughout the State. that is deteriorating. We all know that. the House will not allow and will con- I am proud of these resources, but We are taking the right steps, I be- tinue to fight until justice is done for more work and funding is needed. lieve, in the measures that have been all women. Women need more safe havens and pro- passed by this House to address this In Afghanistan, the Taliban regime is tection against domestic violence, not economic downturn. But they will, of mistreating women. Their actions are only for themselves but for their chil- course, take time. woefully inconsistent with the Islamic dren. All of these issues deal with, in a religious injunctions that recite one Mr. Speaker, we will often hear peo- way, some directly, some indirectly, should be just and compassionate to ple say that I am a mother of all chil- national security. But in every single women. dren; and in order to do that, we must instance, we also have the issue of im- Contrary to Islamic custom, Muslim be the defender of women’s rights. migration and immigration reform working its way into those discussions. women and girls are forbidden from re- f ceiving an education. They can be se- I will try to deal with both of them to- IMMIGRATION AND IMMIGRATION verely punished and even put to death night. REFORM The issue of airline security. Let me for violating Taliban laws. These laws talk about that on a broader scale. It enforced by the Taliban are not those The SPEAKER pro tempore. Under is, of course, important to make sure set forth in the Muslim’s holy book, the Speaker’s announced policy of Jan- that we are safe when we get on an air- the Koran. The laws are reflective of uary 3, 2001, the gentleman from Colo- plane. Is it not also important, is it not narrow and atypical interpretations of rado (Mr. TANCREDO) is recognized for even of paramount importance, to try Islamic law. 60 minutes. and do something about the millions of The end result is that Afghani Mr. TANCREDO. Mr. Speaker, I have people who come across our borders, ei- women are confined to their homes to on many occasions risen on this floor ther by land or by air or by sea, every live, suffer, and sometimes die in a to address the body with regard to the single year? And they, for the most state of fear. The fathers, brothers, issue of immigration and immigration part, come here not to necessarily do husbands, uncles, and men of the soci- reform, and tonight is no exception to us harm, but for their own purposes, al- ety share in the mistreatment of these that rule. I do this often because I be- lieve it is a significant problem, per- most always economic in nature. women. Reports continue to be pub- It is understandable. No one is sug- haps the most significant problem we lished about the extent of brutality gesting that it is not the desire of face in this country from a domestic that women and little girls are being every human being on the planet to policy standpoint. subjected to. Domestic violence is not better themselves and to provide more We argue on the floor of the House only common but rampant. for themselves and for their families. I am horrified by this. It is my belief day in and day out and night in and But they do come across our borders, and understanding that women are sup- night out about a variety of issues. All Mr. Speaker; and they do so some- posed to be held in high esteem. If this of them, of course, have major con- times, some of these people come is the case, I am forced to wonder how sequences. across our borders with evil intent, as these men of the faith can justify such We have spent a long time debating we learned all too savagely on Sep- inhumane behavior to Muslim women. the issue of airline security, for in- tember 11. Domestic violence is a phenomenon stance. It was mentioned again just in Now, there is an undeniable problem. that plagues women nationwide. In the the course of the previous speaker’s It is one of those huge problems; and in United States, a woman is beaten every comments. It is undeniably an ex- a way it is like the typical story of the 9 seconds. This year, almost 4 million tremely important issue, the issue of 500-pound gorilla in the room that no- American women will be physically airline security. It is for those of us, body wants to acknowledge, but every- abused by their husbands or their sig- especially, who fly as often as those of body knows it is there. In this case, nificant others. us in the House do. ‘‘it’’ is a completely broken, com- Wife-beating, a common and repug- I, for one, am on an airplane twice a pletely incompetent INS, Immigration nant behavior employed by far too week, and my family are off and on air- and Naturalization Service. many men, results in more injuries re- planes. I assure the Members that I I want to focus the first part of my quiring medical treatment than rape, have just as much concern about air- remarks this evening, Mr. Speaker, on auto accidents, and mugging combined. line security as the next person, and this incompetence and on the desperate These figures are disturbing, Mr. perhaps more so, from a very personal need we have for national security pur- Speaker, and disheartening, because standpoint. Therefore, the decisions we poses to not only make sure that the underlying these numbers are those make in this House with regard to the flying public is safe, but to make sure not counted that are even more appall- particular kind of security that is put that we are safe every day on the ing. in place are certainly important. I do streets of the United States from peo- For example, 42 percent of murdered not mean for a moment to suggest that ple who come across our border, from women are killed by their intimate they are not relevant to our debates illegal aliens or from immigrants who male partner. But a tragic and dis- here. are here even legally, but have the de- graceful irony is that prison terms for But I do mean to suggest that they sire to do us ill. killing husbands are twice as long as are not as important, Mr. Speaker, as We have a responsibility to point this those for killing wives. There must be one other issue. That issue is the de- out, and I try my best to do so. I have, parity in sentencing for domestic vio- fense of our borders. every single time I come to this floor, lent crimes. The women of this House As I have said on more than one oc- people who write us, who call us, who have fought and will continue to fight casion, the defense of this Nation be- take advantage of e-mail, which is for resources to protect the lives of gins with the defense of our borders. right now probably the best way to women. The extent to which we devote time contact us. In the 7 years since the passage of and energy and resources protecting I have people who do that by the the Violence Against Women Act, the flying public, to the extent to thousands, contact our office to tell me

VerDate 06-NOV-2001 01:29 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.104 pfrm04 PsN: H07PT1 H7896 CONGRESSIONAL RECORD — HOUSE November 7, 2001 of stories that I have put in the cat- the customer chose evidently not to puter files. As I say, the Inspector Gen- egory of almost too incredible to be stay in the cell. eral expected that there would be some true, but they are true. Many, many of After more than 45 employees, many degree of cooperation. I do not know them are documented. of them union members, blew the whis- why they thought so, but they did. It Many, many of the stories come from tle on their bosses, Kromegate broke. was not forthcoming, however. people who work for the INS, people The office of the Inspector General for When the Office of the Inspector Gen- who are trying their best to do a good the Justice Department investigated eral finally gained access to Mr. job in light of a bureaucracy that has the matter and in June 1996 released its Cadman’s computer, all his e-mails re- absolutely no interest in having them 197-page report. In this report, Inspec- lating to the delegation’s visit had do a good job, especially if that job is tor General Michael Bromwich not been deleted. According to the report, in internal security within the bound- only detailed the conspiracy behind the ‘‘In his interview, Mr. Cadman stated aries of this United States. INS sham but also explained how Mr. that as matter of consistent practice, I am going to start this evening’s dis- Cadman and other officials tried to he contemporaneously deleted his elec- cussion with a story about a gentleman cover up the wrongdoing. tronic mail messages shortly after re- by the name of Walter Cadman. Mr. Initially, by the way, Mr. Speaker, sponding to them. In searching his e- Cadman is an employee of the INS, a the Inspector General told a member of mail, however, we,’’ the OIG, ‘‘did find very high-ranking employee. I will tell the delegation, the gentleman from some of Mr. Cadman’s messages from the Members what that specific posi- California (Mr. GALLEGLY), who was at June 1995 which was inconsistent with tion is in just a moment. But let me the time I believe even the chairman of Cadman’s representation to us.’’ the Subcommittee on Immigration, give a little bit of background, Mr. In an extensive and time-consuming told him that it would be done, that Speaker. process, investigators were eventually this report would be done within a few Mr. Cadman’s climb through the bu- able to locate 61 messages that had months, that the facts were clear, and reaucracy of the INS began when he been sent or received by Mr. Cadman if they could get simply the response joined the service in 1976; and after regarding the congressional visit, that they required from the INS in working as an investigator and a re- many of which helped OIG, Office of In- terms of access to documents, the re- gional director, he took over a job in spector General, prove that the offi- port would be done in just a few Florida, the Florida operations, in 1992. cials had purposely deceived the Con- months. It actually took over a year Three years later, a seven-member gress of the United States. congressional fact-finding team visited because, of course, to no one’s real sur- Krome, and that is a facility, a deten- prise, the INS was not forthcoming ‘‘On the basis of the evidence gath- tion facility for detainees, alien detain- with the documents that were required ered in this investigation, we believe ees. They visited the Miami Inter- to conduct the investigation. the appropriate punishment for Miami national Airport also. Mr. Bromwich wrote in the report: District Director Walter Cadman falls Mr. Cadman was among several high- ‘‘Moreover and perhaps more troubling, within a range from a 30-day suspen- ranking INS officials who attempted to Mr. Cadman was a willing participant sion to termination of employment.’’ deceive these Members of Congress into in efforts to mislead INS headquarters This was the OIG’s, the Office of In- believing that Miami immigration op- and then to mislead and delay the in- spector General’s, conclusion. erations were well managed. Mr. vestigation of this matter.’’ That is a They went on to say that, ‘‘Should he Cadman and others abruptly released very damning statement. We have not be terminated, we urge his reas- 58 inmates from the critically over- heard statements to that effect in signment to a position where he would crowded Krome detention center 2 days other cases, people trying to mislead not have significant managerial re- before the task force’s visit, according investigators, people trying to delay sponsibilities.’’ I want my colleagues to an exhaustive Federal investigation. the investigation. We remember that to listen to that carefully, Mr. Speak- All of this, by the way, everything I all too clearly, I think, from past ad- er. The OIG said should this man not am telling with regard to this case is ministrations. get fired, which is as we all know al- documentable. Again, if anybody wants Anyway, Justice officials found that most impossible in the Federal bu- more details, this is the way, Mr. Cadman had presided over meetings in reaucracy, contrary to the protesta- Speaker, that one would obtain those, which the conspiracy was planned. On tions of those who want to federalize by contacting our office. the day of the visit, Mr. Cadman, re- the airline security service, but it says, Let me go on. More than 100 other portedly red-faced with anger, threat- ‘‘Should he not be terminated, we urge aliens were hidden in the facility to ened to arrest two INS inspectors who his reassignment to a position where dupe the House delegation, Members tried to alert representatives about the he would not have significant manage- from the House of Representatives, to whitewash. Mr. Cadman even called rial responsibilities.’’ give the illusion that the inspection airport police. After Mr. Cadman’s removal from process at the Miami airport was well Again, this story gets better when I Miami, he virtually disappeared in the managed. tell my colleagues where this gen- INS bureaucracy. Then, on March 4, tleman now resides within the INS. So b 1845 1997, the gentleman from Kentucky just hang with me here a minute. (Mr. ROGERS) held hearings on Staff was bulked up and noncriminal Again, put it in the category, unbeliev- Kromegate, trying to find out how detainees were allowed to wait in an able but true, and of course, with re- Cadman and his cohorts were punished. unsecured lobby rather than in a less gard to the INS, the folder gets bigger The gentleman from Kentucky (Mr. hospitable holding cell. Inspectors were and bigger and bigger every day. ROGERS) asked then-Attorney General also ordered to remove their gun hol- Mr. Cadman’s cover-up efforts began Janet Reno the following question: sters and handcuffs to portray a much after the Office of the Inspector Gen- kinder, gentler INS that focused on eral started its investigation. Mr. The gentleman from Kentucky (Mr. customer service. Cadman, ‘‘did not deny that large num- ROGERS): I need to know what hap- This phrase, ‘‘customer service,’’ I bers of aliens had been transferred and pened to the people. Let us get to the heard many times from many INS offi- released from Krome,’’ Mr. Bromwich bottom line here. What happened to cials and many people who have come wrote in his report. ‘‘However, Mr. the people that misled the Congress? to our office as whistleblowers to talk Cadman essentially represented that Name the names. Where are they now? to us about the incredible pressure all alien movements were normal in Janet Reno’s response: Dan Cadman under which they have been placed by light of the overcrowded condition elected a voluntary demotion to a GS– INS management. They are told the there.’’ 15. same thing, that they are to treat any- That explanation, investigators de- By the way, a GS–15, that is, if not one coming, trying to get into this termined, was not true. Rather than the highest, it is close to the highest country, and even those who have come cooperate with investigators, Mr. category of GS, of government service, here illegally, as customers; and the Cadman forced the Justice Department that one can get. It is at least $100,000 customer is always right. In this case, to obtain subpoenas to access his com- a year.

VerDate 06-NOV-2001 01:29 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.106 pfrm04 PsN: H07PT1 November 7, 2001 CONGRESSIONAL RECORD — HOUSE H7897 He elected to take this demotion to on visas. Now, Mr. Speaker, not every- where the problem begins, as we can GS–15, criminal investigator in head- one visiting the United States needs a imagine, turned over to the INS for quarters operations. Okay. That was visa. People come from certain coun- their handling of the case, for their en- the demotion. tries where we have agreements where forcement essentially. Congressman ROGERS: Well, where is visas are not necessary. So we have far b 1900 he now? more people coming to the United Attorney General Reno: I cannot tell States each year. In fact, we have Now, would you believe, Mr. Speaker, you precisely. about 500 million visitors a year. But that there are, as we sit here tonight, Congressman ROGERS: Is he still about 35 to 40 million come as a result at least 300,000 people wandering working? of the visa process. around in the United States of America Attorney General Reno: He accepted Now, that process is one where people completely free to do whatever they a voluntary demotion, sir, so I would go to the consulate in their home coun- are doing and want to do, 300,000 people assume he is still working. try. They fill out some forms; and it is who have, in fact, been ordered de- Congressman ROGERS: He is a Justice the responsibility of that consulate of- ported, but the INS has not taken Department official; correct? charge of it? They have simply let Janet Reno: So far as I know, sir. ficial to determine whether the person making the application is indeed who them walk. And they have done so be- ROGERS: He misled the Congress and cause, I contend, Mr. Speaker, the INS he still works for the Justice Depart- they say they are, number one, and, number two, whether or not they have does not care. ment? We have documentation; and I will Correct. any sort of background that would pre- read from a letter I received, an e-mail Now here is the punch line, Mr. vent them from being able to come into message we got not too long ago, like Speaker, and listen carefully to this. the United States. So about 40 million we get so many times, as I say, hun- Roughly a year later in 1998 the INS come. dreds sometimes in a day, and it has promoted Mr. Cadman to head the Very little attention is paid, and was now accumulated into the thousands of newly formed National Security Unit. up until September 11, very little at- The gentleman from California (Mr. tention is paid to anybody’s back- letters about this issue, and e-mails GALLEGLY) represents this whole thing ground. They could not care less, about this issue, and one of them came as a case where truth is stranger than frankly. Again, they have been told from an INS agent. Again, I will read fiction. that all of these people must be treated part of it later, but he essentially ex- Five years after Mr. Cadman left as customers. Again, if a customer presses the opinion that the INS does south Florida in disgrace, only to take wants to come to the United States, not care, does not want there to be any a job as a very high-paid INS adminis- the customer is always right. So a visa close scrutiny of these people. The trator and as a, quote, ‘‘demotion,’’ he is almost automatically granted. whole idea of internal investigations, was appointed, if we can believe it, to Once they get here, there are certain internal security and what happens head up the newly formed National Se- conditions that they must follow. If when people come across the border il- curity Unit. Chalk that up, Mr. Speak- they are here on a student visa, they legally, or what happens if they over- er, to another incredible but true series are supposed to be students. If they are stay, do they go after them? The an- of events of which we have become here on a work visa, they are supposed swer is absolutely not. aware in the last several months as we to work. There is an H1B. This is a cat- There are literally millions of people discuss the issue of immigration re- egory of visa of a person, usually a here. I am using the figure of 300,000, form in this country. white collar worker, usually in very which I gave earlier, Mr. Speaker, We wonder then how is it that so high-tech industries, computer pro- which only refers to people who have many breaches of security could have grammers. That is what they are sup- actually been to a court and then or- happened over the years? And more re- posed to do while they are here. dered deported but have not gone any- cently, how is it that even Mohamed It is estimated somewhere near 40 where. When we talk to the INS, they Atta, a name all too familiar to every percent of all visas are violated every say I do not know where they are; I one of us now since September 11, how year, 12 million, in other words. Twelve have not the slightest idea. This is a is it that Mr. Atta could have been re- million people either stay here even favorite response of the INS to almost admitted to the country in January after their visa says they should go every question; it is a shrug of the even though he had left the country? home or in some other way violate the shoulders. I do not know. I do not know He was here on a particular kind of visa, as many of the 19 hijackers of where they are, have not the slightest visa. He left and he was supposed to September 11 did. idea. After all, we can only look at so apply for what is called an I–512 form, The process is one where if someone many people. How can we follow all or authorization to leave the country violates their visa or if someone com- these people? They give you a million and return. By law he was supposed to mits a crime while they are in the excuses. But, of course, that is their put that in writing, the reason he was United States as a visa holder, they are job. Theirs to have internal security, leaving and for how long and how long taken to court. But they are not taken, but nobody cares much about it. So he would be gone. Now, he never did Mr. Speaker, to a regular court, the 300,000 people that have been ordered to that. kind of court that we would be taken be deported that the INS have done So, therefore, of course, after he left to if we violate the law. Not a district nothing about, did not take them to to go to Spain, which he did in January court, not a county court. They are the border and deport them. and then returned to the United States taken to an immigration court. And One anecdote here to add to this list coming through Miami, should never believe me, there is a significant dif- of incredible but true, unbelievable but been allowed to reenter the country. ference. true, however you want to put it. I will But, of course, the INS did not catch it What happens at that point in time is give an example of something that hap- and essentially did not care. That is fascinating. And I will tell another pened. Again, every day I am telling the truth of the matter. They do not anecdote, another story in a moment, somebody about this and they will care. another incredible but true story. come to me and say, ah, that is noth- There is a lot more attention being They can go to the immigration ing, listen to this. It is astounding now. paid to it now, that is true, since Sep- court, charged with a crime. It could be Our files, if we stacked them up here, tember 11. But prior to that time, let as insignificant as overstaying a visa. they would reach higher than the sign me just give some examples once again It could be as significant as murder. here. of the unbelievable but true incidents Crime brings them there. They get ar- A magistrate, an INS magistrate told or situations that we have become rested and end up in front of a judge, the story to a Member of Congress aware of while we have been doing this and the judge listens to the case, and about a person that came before him as analysis of the Immigration and Natu- he either gives bail or he throws the a criminal. He had been arrested. He ralization Service in the United States. case out of court or he orders the per- was about, I think, 18 or 19 years old, if Approximately 35 million people son deported. Then they are essentially I remember correctly, but he had no come into the United States every year turned over to the INS; and that is identification on him. He had mugged

VerDate 06-NOV-2001 01:29 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.108 pfrm04 PsN: H07PT1 H7898 CONGRESSIONAL RECORD — HOUSE November 7, 2001 an old lady, I think broken her arm or the Immigration and Naturalization with not just faxes and e-mails but peo- leg and had stolen her purse. Anyway, Service. Fairly high-ranking position, ple coming to the office, INS agents, he had been arrested and taken to im- would you not say? A position where present and past INS agents, telling me migration court. The judge listens to you would expect someone to be able to essentially the same thing; thanking the case and orders him deported. Ac- understand the English language? Well, us for doing what we are doing here, tually gives him a choice: Do you want I am now going to attribute what he is trying to reform that system. to go to jail, or do you want to get de- quoted as saying to language problems. I think my colleagues could under- ported? Well, the kid I think probably I am not going to suggest that he is ac- stand those kinds of things happening, made the right choice under that cir- tually abetting criminal behavior, aid- Mr. Speaker. We have all been con- cumstance and said I would just as ing and abetting or encouraging crimi- fronted by a Federal employee in this soon go back to Mexico, which is where nal behavior. That is too much to sug- agency or that who is disgruntled and he had come from. gest. Because if you actually ended up wants to come and tell his or her story. He told the judge and the arresting maybe prosecuting this gentleman for We have to oftentimes look at it in officers that he was an illegal alien; aiding and abetting criminal behavior, light of what the circumstances are: that he was here without permission. he would be moved up to an even high- Have they actually gotten into some And he had no identification. He gave er position within the INS, following sort of trouble, are they being fired or his name, or he gave a name to the po- INS protocol. something other? But never, ever have lice and to the judge. They actually, in Here is the comment by Mr. Fred Al- I had so many people from the same this case, did take this particular per- exander: ‘‘It is not a crime to be in the agency coming to tell me of the prob- son then, put him on a bus, and sent United States illegally.’’ It is not a lems that they face there. him to Mexico through San Diego, I be- crime to be in the United States ille- He says, ‘‘I currently work for the lieve. Shortly after this gentleman got gally. Is there something wrong here? Immigration and Naturalization Serv- into Mexico, he called his mother and Maybe it is just that he does not under- ice and have for’’ blank years. I am not said, okay, will you bring down my ID stand the English language; does not going to say. He goes on to explain now. Because, of course, this gen- know what a crime is; does not know what his background has been. He tleman was not an illegal alien. He was served in a variety of different capac- born in the United States, his parents what the words illegal and legal mean, ities in the INS and he was recently were born in the United States, his the difference between those two. He went on to say: ‘‘It is only a viola- transferred. He said, ‘‘Every honest grandparents were born in the United tion of our civil law.’’ Now, evidently a border patrol agent will tell you that States. He was not here illegally. But he had learned, Mr. Speaker, he violation of a civil law is not a crime. every illegal alien makes it through had learned that if you say you are an If you are here illegally, it is not a the border, it just takes some longer illegal alien, you will be taken to im- crime. What kind of a statement is and more attempts than others to get migration court and you will not find this? It is a reflection of what the INS across. In any event, make no mistake yourself in a prison, or even in a jail thinks their job is. They believe them- about it, every determined illegal waiting to go to prison. You will be selves to be social workers. They be- alien, from the youngest of the young sent on a trip, in this case down to lieve that they were put here to en- to the oldest of the old, and even dis- Mexico. So he called his mom and said, courage immigration into the United abled aliens can find a wheelchair, and would you bring down the ID; and his States, and it does not matter how make it to the interior of our cities. mom dutifully got in the car, drove anybody gets here. Once they are there, they live amongst down to Mexico, drove across the bor- The INS, for the most part, I will us with very little fear of discovery and der, I guess it was 100-some miles from contend, Mr. Speaker, would just as deportation.’’ their home, handed him his ID and he soon there be no borders whatsoever. An absolutely true statement. And then, of course, came right back across The INS would then find themselves in even those outside INS know this is the border with her, showing his ID to a position of sending out agents to true. There is not a Member on this the INS agent, the border guard, as if countries all over the world to explain floor, and certainly probably most of anybody paid attention even there, but why they should come to the United the population of the country recog- showed his true ID and came into this States, and that the fact is there would nizes that once an illegal alien is here, country as a citizen. be no restrictions against them doing the chances of their ever being re- All records of the original offense, of so and everything will be better off as turned to their country of origin are course, were attached to that person a result of hundreds of millions of peo- slim to none. It is because the ethos in- that was deported to Mexico, not to the ple crossing our borders. side that Department says, come on, person that was coming back in. Two I believe that that is the motivating come on over. different people. This guy was an factor and the real basis, the ethos, of He goes on to quote something, this American citizen. But he knew how the INS, I do believe, after all the gentleman who wrote me, goes on to corrupt, how messed up the system is. things we have come across here, after quote something that his employer, He knew that it was better for him to all the things that have been e-mailed one of his supervisors told him that pretend to be an illegal alien and take or faxed to our office by thousands of puts in a nutshell everything I have advantage of the laxity, the incom- people, some of them wanting to know said about the INS and the ethos there, petence, whatever you want to call it, what they could do about this horren- the thinking. He said, ‘‘I would also of the INS to get away with his crime. dous problem; but many others are like like to point out that probably close to Amazing, but true. the gentleman I am going to read or half the illegal aliens in our country Here is another one. Would you not address here in a moment. first entered under some sort of legal think, Mr. Speaker, that it would be We got this in our fax just a short method and subsequently violated or only appropriate, certainly expected time ago. I cannot reveal his name overstayed their original status.’’ that a high-ranking official of the INS right now, except to say that he, ac- This is what I mentioned earlier: would understand the words ‘‘legal’’ cording to his letter, works for the came here through a legal process, and ‘‘illegal’’ and the definition of the INS. And I will just read excerpts from under a visa perhaps or some other word ‘‘crime″? Would that be asking his letter so as to avoid any indication process, but then just simply stayed. too much? Perhaps we need to give a of who he is for fear of whatever ret- And there are literally millions. We are test to every potential administrator ribution might be in store for him. not sure how many. Figures range from at INS so they could actually define ‘‘I wanted to write you and let you 7 to 15 million. No one really knows, these words; because evidently, Mr. know that I, as well as my entire ex- but we know it is in the millions, and Speaker, some of them are having a tended family and all my close cowork- I certainly believe it is in the double very difficult time with the English ers and friends, appreciate your efforts digits. language and with understanding the to reform our immigration policies.’’ ‘‘Here in the interior,’’ he said, English language. That is the kind of thing they usually ‘‘there is almost zero enforcement op- Here is what I mean. Mr. Fred Alex- start out with. They are not alone, and erations which target these violators.’’ ander, the deputy district director for believe me, I know it. We are inundated Absolutely true. Documented time and

VerDate 06-NOV-2001 01:29 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.110 pfrm04 PsN: H07PT1 November 7, 2001 CONGRESSIONAL RECORD — HOUSE H7899 time again. ‘‘Finally,’’ he said, ‘‘I They seldom say it in just those means that we are going to stop all would like to make you aware that I terms. It starts out ‘‘Mr. Congressman, people from coming across the borders believe the INS is totally mis- I have to hire them to do the job.’’ We illegally. managed.’’ Again, a common theme. explain that we would be willing to We have to stop it, Mr. Speaker. We ‘‘After writing that, I feel it is a com- look at some sort of guest worker pro- have no alternative but to try and con- plete understatement,’’ he said, ‘‘but gram, but people should come to the trol our borders. It is a very difficult the English language probably doesn’t United States legally. I try to encour- task. Everybody recognizes that. But I have a word which would convey my age them to think about that as the suggest that we have to rise to the oc- sentiments without being vulgar.’’ right way to do it. Maybe, yes, they casion. When he was transferred to this par- will have to pay more money for the There is hopefully legislation that ticular district office, he said that his service. Employers do not like to hear will be making its way through the new supervisor said to him, and we that. I was an employer, and I recog- Congress. I understand that there will have heard this phrase over and over nize that an employer is always look- be some legislation coming up soon again, Mr. Speaker, ‘‘Now, listen, big ing for the best help at the lowest that will actually do something about cases, big headaches; little cases, little wage. the INS structure. I am not sure what headaches; and no cases, no head- But the reality is that there are tre- it is right now. I think that the chair- aches.’’ ‘‘That in a nutshell,’’ this indi- mendous problems as a result of mas- man of the Committee on the Judiciary vidual writing me goes on to say, sive immigration to the United States, is developing it. I hope that it is com- ‘‘seems to be the INS management phi- and especially massive illegal immigra- prehensive in nature. I hope that it ac- losophy.’’ tion to the United States. Because of tually abolishes the INS, or the part of the problems that I have identified the INS that is designed to deal with b 1915 with both political parties, for the security and enforcement. I hope that ‘‘That same supervisor told me not to longest time, we could not get anyone it abolishes that responsibility that we be too gung ho about doing my job be- to pay attention. I would come to the give to Customs, to the Department of cause the United States is not ready floor and say, there are problems with Agriculture, to the Coast Guard, and a for an efficient immigration service.’’ standard quality-of-life issues with variety of other agencies that are cob- The letter concludes that he would be massive immigration, with the balkan- bled together in order to try and create happy to discuss this later with me, ization of the American culture and so- some kind of border security. and that sort of thing. ciety; and there are national security Right now there are so many agen- Mr. Speaker, I think that in a way problems with not being able to control cies with such conflicting responsibil- sums up the attitude of the INS with our own border and not knowing who is ities and specific regulations as to regard to what their job really is. Big coming across at any given time, not what they can do, what they can look cases, big headaches. Little cases, lit- knowing what they are doing here, or if at and what the other people cannot, tle headaches. No cases, no headaches. they have gone home when they are people will wait on the border to see And do not be too gung ho about doing supposed to go home. which line is being monitored by which your job because the United States is I recognize that there are massive agencies. Certain agencies can look in not ready for an efficient immigration problems with actually trying to se- the trunk and certain ones cannot. So service. Maybe this supervisor is right, cure our borders. Let me suggest, al- if you are trying to smuggle drugs into and we are not ready for an efficient though I certainly hope that we will the country, you will pick one line. If immigration service. I disagree. use the military, either the Active you are trying to smuggle people in, There was a time when I would stand Duty military or the National Guard, you will pick another. Put that in the on the floor of the House, as I do to- to secure our borders, along with using category of idiotic but true. night, and ask my colleagues to join all kinds of technology that is avail- I hope that we abolish all of those me in an effort to reform the Immigra- able. We are not talking about having agencies or those parts of it that are tion and Naturalization Service, and guards standing shoulder to shoulder supposed to deal with border security, there would be relatively little com- across thousands of miles between Can- and I hope that we create a brand-new ment except from the general public. I ada and the United States and Mexico agency. Let us call it the United States would hear from folks all over Amer- and the United States, I am talking Border Security Agency for our pur- ica. When I get their e-mail address or about patrolling, use of sensors and poses together tonight, and all of their any other way to contact them, we try overflights, and there are a variety of functions are to secure our borders and to respond, and we have thousands and ways. root out those people who have come thousands who have contacted us in I am also talking about deploying here illegally and send them back. If that way. massive numbers of people for internal they violated the law while here, they I would be asking my colleagues time security purposes. We started talking serve time for it. and time again for their help on this tonight about security issues. How The reality is, the nature of this issue, and this gentleman’s observa- much more relevant are the discussions place and the business we do here and tions were accurate. Nobody really with regard to the internal security of the pressures that are applied by spe- cared that we did not have an efficient the United States than just the person cial interest groups, especially by im- immigration service. There were polit- who looks through that little machine migrant support groups, business inter- ical problems with trying to make it and screens our bags? I want good ones, est groups and others, we will start out efficient. but I am trying to keep the bad guys perhaps with a very good thought in One party, the Democratic Party, from coming here in the first place. mind, and by the time it works its way recognizes that there is a great deal of We cannot just stand at the border through the body, it will get diluted. political support that they get from and say, you look like someone who People in this business hope that ev- the immigrant communities; they want wants a job; even though you are ille- erybody out there simply forgets the to encourage massive immigration for gal, there is probably an eager em- connection between the terrorists and that purpose. The other party sees that ployer willing to hire you and often- immigration and our lack of enforce- there are both business interests and times, unfortunately, exploit you. We ment. The hope is that people will sim- political problems that develop as a re- could do that and try our best to figure ply forget about it and we can get back sult of actually trying to do something out which ones we want to let in ille- to business as usual. Business as usual, about immigration reform. gally. meaning porous borders, meaning un- Many businesses are not happy about The INS would be all for that, by the concerned about who is coming across what I talk about here on the floor way. They would say, let us look for and why. There are plenty of people and, believe me, I hear from them. certain characteristics. Are they who still want that. They desire that They suggest that it is my responsi- Arabs, let us keep them out. Even situation. Again, the political motiva- bility to make sure that they have a those, we have to be more specific. The tions are strong. cheap work force. That is really what reality is we cannot do that. If we are I hope and I assure you, Mr. Speaker, it boils down to. going to have secure borders, that that I will never let this body forget

VerDate 06-NOV-2001 01:29 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.112 pfrm04 PsN: H07PT1 H7900 CONGRESSIONAL RECORD — HOUSE November 7, 2001 this, at least as long as I am here and b 1930 tell the story. They just need someone I have breath. I will not let Members But that is what we wrangle over. to hear it and then act upon it. I ask forget that 19 people came into the And we do that to our peril. this body to heed their message. They United States on September 11, all of If we do not address this issue, Mr. know the threat to America. These are them immigrants, all of them here on Speaker, if we do not do everything in patriotic Americans who watched what some status, some of them with legal our power to stop people from coming happened on September 11 and shed the documents, some of them who were into the United States illegally, to find tears, the same tears, the kind of tears here illegally because they had over- those who are here illegally and deport that you and I and everybody else shed. stayed; and some of them, six to be ac- them, if we do not do everything in our They work for the INS. They know the curate, we do not have the slightest power to accomplish that goal, then if, problems. They know and some of them idea what status they had when they God forbid, another event similar to tell me in very specific terms about came here. The INS cannot tell us the 11th were to occur and it turns out what they believe happened and what about six of the individuals, if they that it was perpetrated by somebody they believe is wrong with the agency were here on visas, here on green cards; who is here either on falsified papers, they work for that helped cause the they have no idea. snuck across the border, here even le- horrible events of September 11. That tells us something, does it not, gally but eventually became illegal be- Please, Mr. Speaker, I urge you and about exactly how those people did get cause they violated their visa status, everyone else, all my other colleagues, here. I think they probably waltzed any one of the wide variety of reasons to move expeditiously to reform immi- across the border without telling the that someone like that can get into the gration, to abolish the INS, create a INS and asking for a visa. I cannot United States today and stay here, if new, a better homeland defense organi- even imagine such a thing, but they that happens, Mr. Speaker, then we are zation, stop illegal immigration at the did. That is why when we talk about not just being irresponsible in this border by every method we have at our tightening visa requirements, I am all body, we are actually culpable, because disposal, devote resources to identi- for it. we have the opportunity to try and fying the people who are in the United But let us assume that we get con- stop it. States illegally, and yes, deporting cerned about handing out visas like Can I guarantee that even if we im- them. candy, and we begin to apply more plemented the most stringent border Mr. Speaker, these may be harsh scrutiny and we actually have a law if controls that we would never have an words; but these are harsh times in it is signed into law, the Antiterrorist incident again like September 11? Of which we live. Who could have thought Act, which has something which we course not. Of course not. But I can tell that we would be here talking about proposed, the Immigration Reform you this, just because I cannot guar- buildings collapsing as a result of ter- Caucus, which said that if you are a antee that we will never have such an rorists turning planes into bombs? The member of a terrorist organization, incident does not mean that we should days to be shy about immigration re- you cannot come into the United form are over with. They were over not do everything in our power to try States. Put this into the unbelievable with for me a long time ago. They to stop it. but true category, Mr. Speaker. We have a great window of oppor- should be over with for all of us. I am Prior to the passage of that law, the tunity, Mr. Speaker, in this body be- encouraged by the response we get antiterrorist law, a person could be a cause the American people are with us, from average Americans. Now all I member of al-Qaeda, the organization those of us who want immigration re- need to get, Mr. Speaker, is the same that is devoted to our destruction, form. I hear from you. I guarantee you. response by my colleagues here. could be a member of that organization They want to know, they write me, f and that alone would not have been they call me, they e-mail me and say, enough, would not have been sufficient WORKING FAMILIES PLAY VITAL to deny this person a visa. what do I do, what can I do to help? ROLE IN WAR AGAINST TER- There was a law on the book that There are plenty of things that we can RORISM said the INS cannot deny a person a suggest and we do. There are bills com- The SPEAKER pro tempore (Mr. visa simply because they belong to a ing up that need to be passed. There is SHUSTER). Under the Speaker’s an- terrorist organization or an organiza- action that needs to be taken. Suffice nounced policy of January 3, 2001, the tion that is devoted to destroying the it to say, Mr. Speaker, that this body gentleman from New York (Mr. OWENS) United States of America. We did re- needs to represent the common sense is recognized for 60 minutes. peal that. That is good. that is manifest time and time again in Mr. OWENS. Mr. Speaker, I am dis- Now, if we find out that they are a the information I receive, from, quote, turbed by the fact that in this war member of al-Qaeda or an outfit that your average Americans. God bless against terrorism, which we all recog- wants to destroy us, we can deny them them for being there. God bless them nize is going to be a long-term war, we a visa; and boy, do I feel better about for being willing to come forward and are not recognizing that working fami- that. The terrorist with his or her tell their story, sometimes to their lies in this struggle against terrorism bomb in the bag waiting to come own detriment, to the fear of losing are very important. Working families across, when they do not get the visa, their job. in the struggle against terrorism have do they go home and say, sorry, Mr. bin My immigration reform caucus, Mr. a vital role to play. It is important Laden, I cannot get my visa. You will Speaker, will be holding a hearing, we that we all recognize that role that have to get somebody else. believe next Thursday, at which we working families play. Does anybody believe that is what is will have at least one individual that I am disturbed because of the treat- going to happen? Does anybody believe we have been able to obtain or we are ment that I see working families re- that they will not simply use the same working to obtain whistleblower status ceiving. Since September 11, we have path that everybody else uses to come for if that is what is necessary to get not behaved well toward working fami- into the United States illegally, that him to be able to speak to us. He is an lies. They are a vital component of our is, the millions and millions of people INS agent. He has been an INS agent long-term mobilization to make cer- who cross our border illegally? No. for over 30 years. His stories about the tain that this Nation is never again They will waltz across our southern troubled agency are again almost unbe- subjected to the kind of attack that border or northern border, or find a lievable but true. I hope that he will took place on September 11. They are a way to fly in undetected because our not be treated unjustly by being will- vital component of a war for the Na- borders are porous, and there is no real ing to come forward. I assure you that tion, a war for the whole of civiliza- defense mechanism, while we are wran- we will do everything we can to protect tion, really, because the kind of fanat- gling over having these people who him from any retribution that might ics and zealots who attacked the World look through the screening device, attempt to be wreaked upon him be- Trade Center are that kind of threat. whether they should be paid by the cause of his willingness to come for- So working families should be re- Federal Government or somebody else, ward. spected and considered a vital part of as to whether that matters, as to There are hundreds out there, Mr. whatever we are going to do in the fu- whether they are competent. Amazing. Speaker, hundreds that are willing to ture.

VerDate 06-NOV-2001 01:29 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.114 pfrm04 PsN: H07PT1 November 7, 2001 CONGRESSIONAL RECORD — HOUSE H7901 I am also concerned about the fact are some really very famous celebrities what is the United States of America that some immigrants who are Ameri- and ex-government officials who work all about. Before September 11, we were cans, working families and happen to in consultant firms for these same rich the most powerful Nation in the world. be immigrants, are being unnecessarily people. They are not immigrants, or in b 1945 harassed. Particularly in my congres- some cases immigrants. The children sional district there is a large contin- of these rich people are here on visas We are the most powerful nation that gent of Pakistani immigrants, Paki- all the time. They are not subjected to ever existed on the face of the Earth. stani Americans. They have been sub- this. It is another case of the mentality We were prosperous, very smug, and jected to all kinds of harassment by too much in America is a mentality anybody who said we needed to stop the INS and the FBI. In an overzealous which is weighed in a direction which and think about our relationship with attempt to demonstrate that they are makes working-class families suspect the rest of the world and what our mis- working hard, the INS and the FBI or second class. sion is as a nation and how our mission have arrested large numbers of people, I do not want to fall into the trap of as a nation is important, because in de- they say more than a thousand across fomenting a class war. The people who fining that mission, we not only pro- the Nation, in the metropolitan area it really believe in a class war are quick tect ourselves and defend ourselves and is about 250; and I know from firsthand to accuse liberals and Democrats and guarantee our children and our grand- contact that a large number of these progressives of wanting to start a class children will enjoy the same kind of people are innocent Pakistanis. It is war. The class war is not even a war. liberty, prosperity and comfort that we ironic that the one Muslim nation that The people who are in control in our enjoy. That is the dream I think every has gone the farthest out to join us in country who have the greatest part of person has. the fight against terrorism, taken a the wealth and the power, they are so I am a grandfather, and I look at my great deal of risk as a nation, is Paki- overwhelming in their power that they grandchildren and say I want them to stan. dominate the working class. It is not a have a world as good as the world I am, Why are Pakistani Americans being war. It is just a domination, the way and, if possible, better. So we want a lumped into the whole threat to Amer- they push the interests of the working better world. We cannot do that by act- ica that it is perceived immigrants rep- families around. ing in isolation as the United States of resent? Why not recognize that the There is no better example of that America. President of Pakistan is coming to this than what has occurred since Sep- A lot of us understood that before. country this weekend. He will be at the tember 11. Consider the fact that we Since September 11, most Americans United Nations. He is going to talk to passed a bill to bail out the airline in- are beginning to hear from the leader- President Bush. Pakistan again has not dustry, $5 billion in cash for them to ship that that is an impossibility, reneged on their offer to make some air divide up among themselves because of starting with the leadership in the base space available. They are way out losses we say they suffered as a result White House. Appropriately, President there with us. I think that to subject of being grounded by the Federal Gov- Bush moved to establish a coalition, Pakistani Americans to unnecessary ernment after the September 11 attack. what is called a coalition, but the coa- harassment and intimidation, some They were able to play with that, and lition is to deal with terrorism. The co- which resulted in the death of one Pak- they are going to get another $15 bil- alition spirit should be a permanent istani man in a jerry-built detention lion in loans. That is for the airline in- spirit. center in New Jersey, large numbers of dustry, the executives, et cetera. At In defending ourselves against ter- people were being detained by the INS the same time many of us pleaded that rorism, we are coming to grips with in a facility that was being run by the at least the airline employees should what our Nation is all about, what civ- local county, the county jail, and the be taken care of in the same legisla- ilization is all about. Because the peo- man had a heart attack and died. There tion, because, after all, when you ple who have perpetrated these ter- are large numbers of others who are in grounded the airline industry, the rorist acts are striking at the very jug- detention right now whose names we planes, you also took away the employ- ular vein of our Nation and our civili- cannot get. There are an unusually ment of the people who work on those zation. large number of women also who are planes either in the base or in flight or Our long-term mission has to be to being detained, Pakistani women. the supporting services at the airports. understand that we stand for certain These are all people who are basically So why not have a relief package for values, and those values are what bring working-class people. I am emphasizing them? Because of that traumatic eco- about our enemies. The people who per- this because no wealthy Pakistanis nomic blow to the airlines, they were petrated the terrorist acts on Sep- would be involved in this. No wealthy already beginning to lay off large num- tember 11 do not like those values. immigrants are going to be subjected bers of workers. So we said, the work- We should not cry about it or spend to this, either. ers who are laid off, let us provide for undue time worrying about whether we It is very interesting that those who them. We got from the Republican ma- are liked or not. The question is, why talk about immigration never talk jority an insistent no, an ideological are we not liked, who does not like us, about the fact that in our immigration no. There was a lot of talk about and what do we think of the people who laws, we actually have provisions ideologues. A blunt no, we will see do not like us? which encourage rich, wealthy immi- about them later. We even got some People hate our values, and we grants to come in. We have incentives half-hearted promise that next week. should not get into the trap of one reli- for wealthy immigrants. We put them Well, next week has not come yet. gion being set up against another. Cer- at the front of the line. The assump- There has been no particular special re- tainly Osama bin Laden wants to make tion is made in this present situation lief for the airline industry employees. it a conflict between Christianity and where we are unnecessarily harassing We are now moving through the prepa- Islam. A lot of other people would immigrants, the assumption is made, I ration of an economic stimulus pack- enjoy having the real issue hidden guess, that only the poor immigrants age where the same ideologues are in- under crosses and past history of cru- are a threat. sisting that we should not have any sades, et cetera. But we are not a coun- Why the assumption is made, I do not great amount of relief for the unem- try that accepts religion as a basis for know, because Osama bin Laden is a ployed in general. The unemployed our being. We are not a country that rich man. Osama bin Laden comes from people are at the very bottom who are adopts one religion. a very rich class of Saudi Arabians. suffering greatly from this economic We have a certain value system, and There are many Saudi Arabians and slump that was given a great boost the value system is really what upsets other people from the rich Arab world downward. It was pushed downward and our enemies most. Whether we were that are in this country who never get made more serious by the September 11 Christian or Jewish or any other reli- harassed and never have been harassed attack. gion, they still do not like the value since September 11, I assure you. There We ought to stop and consider what systems that are defined and set forth are many who have contracts with lob- our long-term mission is here. We have and promulgated by the Declaration of bying firms here in Washington. There had forced upon us the need to consider Independence and the Constitution.

VerDate 06-NOV-2001 01:29 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.116 pfrm04 PsN: H07PT1 H7902 CONGRESSIONAL RECORD — HOUSE November 7, 2001 Probably more so than the Constitu- the world who became definite democ- something we can debate about, but tion, the Declaration of Independence racies. Without question, Japan and war was necessary. defines what America is all about. It is Germany, after the defeat in World We are at war physically. Militarily not a legal definition, because the Dec- War II, became democracies. Whatever we are at war. But we also are at war laration of Independence, the pre- else they are, nobody challenges; no- for the minds, and we understand the amble, is not a legal matter. You do body would question the fact that Ger- minds of the world, the minds of not go to court on that. The Constitu- many is a great democracy now and human beings all over the world are tion is a legal document that we have will be tomorrow. There is no likeli- part of this war and effort. a lot of wrangling about, back and hood that they are going to sink into So we must, as we conduct this war forth in the court. fascism, totalitarianism. Germany is and understand our long-term mission, But Thomas Jefferson’s declaration clearly a democracy. We accomplished understand that working families are that all men are created equal and are that. very vital in this struggle against ter- endowed by certain inalienable rights, The transformation of Germany, rorism. How working families are and among those are life, liberty and some people said, well, we do not en- treated, how they are included, how the pursuit of happiness, is the core of gage in nation-building. That is bad. they are allowed to participate, how we the spirit of what this Nation is all Call it what you want. We did not ex- show concern for their problems is about, the core of our democracy and actly nation-build in Germany. They vital to the effort to win the war what it is all about, the core of what had a nation, very rigid rules and so- against terrorism and to win the war we carry about throughout the world, cial strata. All kinds of things are hap- for a democratic world, where all men the core of what the world is respond- pening there, and it is still happening and women are seen as equal, where ing to. in many cases. life, liberty and the pursuit of happi- Anybody who says we are more hated It is just as in the case of Japan. We ness are the values of the people who in the world than we are liked in the did not knock down traditions in are in charge of nations. world, I challenge them right away. I Japan. We did not turn around their re- Barbarians are anyone choosing to think we are more imitated, admired, ligion. We did not turn around their define themselves as being against all and people would duplicate our system, deeply entrenched practices with re- this, who are our enemies. The barbar- if they could, ordinary people. spect to marriage and a number of ians are against equality, equal rights We have leaders out there, fanatics, other things. But Japan is a democ- for all men and women. They are zealots, who would like to see this be- racy. Germany is a democracy. Two against life, liberty and the pursuit of lief in the equality of all men ended. great nations with a lot of influence happiness as being a basic set of rights. And we should stop saying all men, but are moving forward as democracies. They define themselves. We do not say all humans, because we clearly be- The Soviet Union, which most of us have to wrangle about their way of life lieve that women should be equal to felt in our lifetime would never be or their religion, whatever. If you are men. That upsets a large number of called a democracy, is struggling and against equality for all people, if you people throughout the world. Equality moving and has operated for a number are against the right to life, liberty of men and equality of women. of years now, 10 years, as a democracy, and the pursuit of happiness, you are We do not subscribe to a system a struggling democracy. A huge nation, our enemy. You define yourself, and we which says that you have got some but a very large sphere of influence. are committed. people up here who can be ayatollahs Democracy. Democracy moves on. We We must maintain a mission to deal or chiefs or kings or sultans or poten- should not back away from that mis- with that enemy. As long as the enemy tates that have a right to trample on sion. believes that way and does not attack the people underneath them, that the India, whatever problems India may us, certainly we will not attack them. lives of the people at the bottom of the have internally, India is a democracy. It is a battle of words. It is a battle of economic ladder are not as good as the The untouchables in India probably ideas. It is a battle of moral concepts. lives of people at the top; that they do feel like blacks felt in America 20 or 30 We would like to see it return to just a not deserve the same system of justice, years ago, and there are still a lot of battle of words, ideas and moral the opportunity to improve them- things to be done about the way un- concepts. selves; that they do not deserve an edu- touchables are treated in certain re- But since it is a hot war, a military cation. gions. But India is basically committed war, engagement is taking place, work- The spirit of America is what the en- to democratic rule. They have gone ing families and the sons and daughters emies of America hate. That spirit is through a lot of tribulations and trav- of working families are very much in- summed up in the statement about life, ails, social and political travails, but volved in that war. If you look at per- liberty and the pursuit of happiness, they have not yielded to any tempta- centages, I assure you the percentage and all human beings are created tion to lapse back into something of the people who are running the oper- equal. other than democracy. ation, whether it is the women in the It does not matter what happens in So our way of life, our mission in the rear, in the ships and the planning of our foreign policy today, tomorrow or world, is to perpetrate that democracy. the logistics or whatever, or the men the next day. If you do not back away That may mean we need to go to war who are in the Special Forces teams from believing all men and women are when it is necessary, when we are at- that landed already or are getting created equal and we continue to have tacked. I must say that people who say ready to land, you are going to find a democratic system, and we are going that what is happening in Afghanistan that large percentages of those people, to have decisions made as fair as pos- is similar to what happened in Vietnam overwhelming percentages, are from sible and keep trying to perfect it to are starting out with the wrong working families. make it real, we are going to offend premise. The Vietnamese never at- How dare we ignore the needs of large numbers of people throughout the tacked us. Whatever you may think working families when, if you did not world. Large numbers of zealots and fa- about the war in Vietnam, we were understand how vitally important they natics are always going to be attacking never attacked. They did not per- are before, you certainly must ac- us. petrate 5,000 casualties on us in the knowledge now how vitally important Do not worry about whether they first day of the war. they are? Because this is nothing new. like us or not. We have a mission to try A war was declared upon us. Even the In all the wars that have ever been to go throughout the world and make Japanese at Pearl Harbor did not hit as fought, there are always working fami- people understand how important this many casualties, and they did not hit lies, people on the bottom who make is. the mainland of America. So war was the greatest sacrifices. Their sons and We have succeeded greatly in expand- declared upon us via an attack on the daughters have been the cannon fodder ing democracy in the 20th century. mainland of America. As a nation, in every war since the Revolutionary Just stop and think about two very so- there was no choice but to accept the War onwards. phisticated, powerful nations with in- challenge and go to war. The nature of Therefore, if we are wise and we want fluence stretching over large areas of that war and how we conduct it is to continue the progress of our Nation

VerDate 06-NOV-2001 01:29 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.118 pfrm04 PsN: H07PT1 November 7, 2001 CONGRESSIONAL RECORD — HOUSE H7903 and fulfill the vision of the Declaration What has happened this year is that and there are an overwhelming major- of Independence, working families since September 11 it has come out ity of people in America who fall into should be treated well. They are on the more than ever before that there is this category. battlefields, wherever they are. They great contempt for people in the work- Continuing to read from the article sacrifice, they take the great risks. ing class. Working-class families are that appeared in the New York Times They are on the battlefield domesti- being treated with great contempt. The on November 6: ‘‘The spillover effect cally. They are needed very much as we majority of Republicans show again hit the retail and service industries try to shore up our home security. and again their great contempt for the very hard in New York City, said There are a lot of problems that we working families of America. Minimum James Parrott, the chief economist for have just because we do not have the wage, they refuse to talk about it at the institute, and those tend to be personnel, quality personnel, to fill all. We have not increased the min- lower wage jobs. A sudden decline in jobs. I have spoken about this before, imum wage. We have not each even had these jobs marks a sea change in the but, since then, just last week, the a chance to discuss it. economy since September 11. Earlier Government Office of Personnel Mr. Speaker, I am making a plea to this year while the job market was launched a major campaign to get my colleagues that we end the con- softening, the losses were concentrated young people to come into the govern- tempt, the class contempt and the among white collar workers like dot- ment. We are trying to entice people in class hostility that is reflected in the com programmers, stockbrokers, and to fill the positions. way we have treated working-class advertising executives. Now they are There are investigative positions, families in this Congress. We refuse to concentrated among people like Kim there are analyst positions, there are discuss minimum wage, so people are Daily. A single mother of two, Ms. positions in the computer areas, and mired at the very bottom and have had Daily worked her way up from a $6 an there are, of course, translators. I no movement for the last 2 years. No hour job picking up room service trays talked about that before. There is a discussion of it at all. to a $15 an hour job stocking mini bars great need for translators, people who What has happened since September at the World Trade Center Marriott. can translate from Arabic, from Farsi, 11? There is an article that appeared in When the hotel was destroyed on Sep- just as an example. The New York Times on Tuesday, yes- tember 11, so was her job. She has not So we have a great need that cannot terday, which I think is a very thor- been able to find another job. It is not be filled by educating just the middle ough analysis in a very compact way of for lack of trying. She stood in line for class and elite children. I have talked what has happened to working fami- 4 hours outside a city-sponsored job about this many times. Our public edu- lies. The article in The New York fair, but never even made it to the cation system, which is an American Times, Tuesday, November 6 is enti- door. She has been talking to a union, invention, public education, which sets tled: ‘‘A Tax Hit Low Pay Jobs the but the only position available so far forth the credo that all children should Hardest. Many of the unemployed were was so tip-dependent, that she won- be educated, it is one of the great con- in the service industry.’’ It is by Leslie dered if it would cover her $700-a- tributions to civilization. Eaton and Edward Wyatt. ‘‘The terror- month rent. A job bank had only a few It is also one of the reasons that we ists,’’ and I read a quote from the arti- hotel positions, and none of them paid are greatest Nation in the world. Step cle, ‘‘The terrorists who attacked the anywhere near the $25,000 that she by step, when we need it, the brain World Trade Center may have been try- earned at the Marriott last year. I do power to go forward, the brain power ing to crush American capitalism and not want to go for less money, she said. has been there. Thomas Jefferson un- its masses of the universe on Wall But a changed job market raises huge derstood that we had to get away from Street, but the economic impact of the challenges for the city at a time when educating people just to speak Greek attack is felling a very different group hundreds of thousands of families have and Latin and deal with philosophy and of people: cooks, cab drivers, sales moved off the welfare rolls.’’ religion. They have to be educated in clerks, and seamstresses. Workers in Here is a welfare recipient who got a the arts of farming, engineering, et traditionally low pay industries like job for $6 an hour. She worked up to $15 cetera. So he was the creator of the restaurants and hotels, retailing and an hour, and $15 an hour comes out to model for the land grant colleges which transportation, have been hit hard in $25,000 a year in her pay, so we are cer- came later. the fallout from September 11, accord- tainly not talking about wealthy, well- Of course, those land grant colleges ing to a new analysis from the New to-do people. We are talking about peo- established in every State were fed by York State Department of Labor. A re- ple who are working ever day, but get- a system of public education, which, in port released yesterday by the labor- ting very low pay. State by State, over the years, has backed Fiscal Policy Institute fore- Continuing the article: ‘‘The chang- been very much imperfect, and there casts that almost 80,000 people will ing job market raises huge challenges are many problems. The problems did have lost their jobs by the end of the for the city at a time when hundreds of not just begin a few decades ago. We year, and that 60 percent of these posi- thousands of families have moved off have always had problems. tions paid an average of $23,000 a year.’’ the welfare rolls. The most successful But we must rush now to solve those That is far below the citywide aver- of these former welfare recipients, as problems by making certain that work- age salary of roughly $58,000 in New well as many newcomers to the coun- ing class families, children of working York City. New York City has a slight- try, found jobs at the hotels and res- class families, get a first-class edu- ly higher salary scale and standard of taurants, as cleaners of office build- cation, because in addition to them living. If we want to know who I am de- ings, and as messengers in lower Man- being our first defenders on the battle- fining as working families, I am not hattan. Now that the economy has ex- fields of the world when there is a mili- going to get into trying to deal with ploded along with the World Trade Cen- tary conflict, they are also the ones expert definitions, but let us just say ter, their prospects of staying in the that have to replenish the human re- anybody who has a family and they are world of work have diminished, said sources that we need to run the CIA, to making less than $50,000 a year can David R. Jones, the President of the run the FBI, to run the INS, to take consider themselves in a working-fam- Community Service Society of New care of a very complex society. ily situation. The working families in- York, which has been helping workers come-wise. There are other features. who lost their jobs after September 11. b 2000 People have to get up every day and go His group is recommending a govern- Even the airplanes and the aircraft to work. There are some people who ment-financed jobs program, he said. carriers and the tanks and all of the may get $50,000 a year from their in- Otherwise we will have people sitting weapons require educated people to op- vestments in the stock market or var- on stoops, getting a little check and erate them at this point. So it is im- ious interest-bearing accounts or real doing nothing, he said.’’ perative that we recognize the vital estate, but the people have to get up That is David Jones of the Commu- role of working families and we end and go to work every day and are mak- nity Service Society talking. He is what has happened this year in this ing less than $50,000 a year are clearly more optimistic than I am. Given wel- country, this House of Representatives. people who belong to working families; fare reform, there are a lot of these

VerDate 06-NOV-2001 01:29 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.120 pfrm04 PsN: H07PT1 H7904 CONGRESSIONAL RECORD — HOUSE November 7, 2001 people who are very needy, desperately trict is located in the center of Brook- jobs. Their average wage per hour was needy, who will never get a welfare lyn. $51.34; sales supervisors, 1,183, and check. They will never be sitting on a ‘‘Twenty-four percent of the people $22.42 an hour; service supervisors, stoop doing nothing, because the way lived in Queens, 12 percent lived in the about 1,070 have lost their jobs, and the system operates now, you can al- Bronx, and just 18 percent live in Man- they made $16.46. most starve. Your family can go com- hattan where most of the jobs are lo- This chart is for ten occupations pletely mad before you get any help. cated. Ms. Mendes, who is from Ja- most affected by the events of Sep- Continuing the article: ‘‘How many maica, is lucky of the many of the un- tember 11. It appears in the New York New Yorkers are unemployed is un- employed because she speaks English Times Tuesday, November 6. clear. In a government survey taken in and she can use a computer. The Con- I include for the RECORD the entire the week of September 11, which any- sortium for Worker Education, which article. one who worked at all was counted as runs a special program for people un- The article referred to is as follows: employed, 223,100 people in New York employed because of the disaster, and [From the New York Times, Nov. 6, 2001] were looking for work. That was an in- they have already counseled 3,200 peo- ATTACKS HIT LOW-PAY JOBS THE HARDEST crease of almost 20,000 people in a ple, they have 5,000 jobs in that special MANY OF THE UNEMPLOYED WERE IN SERVICE month. The unemployment rate hit 6.3 bank,’’ for people who can handle that INDUSTRY percent. The October survey will not be kind of need, I mean are familiar with (By Leslie Eaton and Edward Wyatt) released for several weeks, but its re- computers. ‘‘Most of them are back of- The terrorists who attacked the World sults are included in Federal figures fice jobs, data entry jobs, word proc- Trade Center may have been trying to crush which were released on Friday. Those essing jobs, administrative assistance, American capitalism and its masters of the Federal figures show that a surge in said Sal Rosen, the Associate Director universe on Wall Street. But the economic national unemployment rose by half a impact of the attack is felling a very dif- of that group. ferent group of people: cooks, cabdrivers, percentage point to 5.4 percent,’’ and ‘‘Hotel and restaurant employment we have all been reading about the fact sales clerks and seamstresses. has been devastated by the destruction Workers in traditionally low-wage indus- that that surge to 5.4 percent rep- of the trade center and the steep drop tries, like restaurants and hotels, retailing resents the highest unemployment for in tourism that followed. Most res- and transportation, have been hit hard in the the last 20 years. The unemployment taurants are not unionized, but Local fallout from Sept. 11, according to a new rate is higher now than it has been in 100 of the Hotel Employees and Res- analysis from the New York State Depart- ment of Labor. 20 years. taurant Employees Union, which rep- ‘‘Unemployment insurance covers And a report released yesterday by the resents about 6,000 restaurant workers, only about a third of unemployed labor-backed Fiscal Policy Institute fore- say that 10 percent of its membership workers. The number of people apply- casts that almost 80,000 people will have lost their jobs by the end of the year and that 60 ing for benefits in the city have soared. lost jobs immediately after September 11. About 200 of those, 600 have since percent of these positions paid an average of Last month, an average of 12,745 people $23,000 a year. That is far below the citywide a week had applied. A year ago, that found work, but not necessarily in res- taurants. average salary of roughly $58,000. figure was merely 5,616 a week. A spe- ‘‘The spillover effects hit the retail and cial program, Disaster Unemployment ‘‘John Haynes has a short-term job at service industries very hard in New York Assistance, is supposed to help those the Immigrant Workers Assistance Al- City,’’ said James Parrott, the chief econo- who are not eligible for unemployment liance helping undocumented workers. mist for the institute. ‘‘And those tend to be insurance because they work part-time Until September 11, he cooked meals lower-wage jobs.’’ on the 106th floor of the World Trade The sudden decline in these jobs marks a or they were self-employed before. sea change in the economy since Sept. 11. They are not eligible. But only 2,350 Center for the 250 employees of Win- dows on the World. He said he earned Earlier this year, while the job market was people are now getting those benefits.’’ softening, the losses were concentrated In other words, out of the 12,745, only $408 a week before taxes, about $25,400, among white-collar workers like dot-com 2,350 are getting those special disaster and he lives in a public housing unit in programmers, stockbrokers and advertising unemployment benefits in New York the Bronx.’’ Mr. Haynes is of course executives. State. quite happy that he escaped death, Now, they are concentrated among people ‘‘Almost 25,000 people told the New first of all. like Kim Daily. A single mother of two, Ms. York State Department of Labor that ‘‘The tourism and travel drought has Daily worked her way up from a $6-an-hour- they lost their jobs because of the hit many businesses in Queens, accord- job picking up room-service trays to a $15- ing to a new report by the Center for an-hour job stocking minibars at the World Trade Center disaster. The analysis Trade Center Marriott. said that the first 22,000 of these claims an Urban Future, a public policy group. When the hotel was destroyed on Sept. 11, found that about 16 percent worked at Airline workers, freight forwarders, so was her job. And she has not been able to bars and restaurants, 14 percent truckers and limousine drivers are all find another one. worked in hotels, and 5 percent worked hurting.’’ And on and on it goes. It is not for lack of trying; she stood in in air transportation. Only 4 percent at They also included in the same arti- line for four hours outside a city-sponsored Wall Street brokerage firms.’’ And cle a chart which breaks out 10 occupa- job fair but never even made it in the door. tions that were most affected by events She has been talking to her union, but the many of them have been relocated to only position available so far was so tip-de- some other place. They have fared the of September 11, unemployed after the pendent that she worried it would not cover best. attack. The occupation: waiters and her $700-a-month rent. A job bank had only a ‘‘The largest group of people, 21 per- waitresses. The estimated layoffs were few hotel positions, and none paid anywhere cent, worked in a category called busi- 4,225 as a result of September 11 events. near the $25,000 she earned at the Marriott ness services. Many of these were tem- The average hourly wage of those wait- last year. porary workers like Lisa Mendes, a sin- resses and workers was $7.08 an hour. ‘‘I don’t want to go for less money,’’ she gle mother who lost her job as an ac- Cleaning and maintenance workers said. The changed job market raises huge chal- counting clerk on September 12. In about 3,365, have lost their jobs. Their lenges for the city at a time when hundreds years past when one temporary job average wage was $14.90 an hour. of thousands of families have moved off the ended, she could pick and choose b 2015 welfare rolls. The most successful of these among the offerings of the agencies. former welfare recipients, as well as many Now there is just nothing there. Ms. Sales representatives (retail), 2,843. newcomers to this country, found jobs at ho- Mendes is typical of the unemployed in Their average wage was $9.15 an hour; tels and restaurants, as cleaners at office another way: she lives in Brooklyn. food preparation, 2,284, and they made buildings and as messengers in Lower Man- The Labor Department analysis said $8.90 an hour; cashiers, 2,282 and $7.36 hattan. that almost 26 percent of the people an hour they make; housekeeping ‘‘Now that the economy has exploded along workers, 1,840, and $13.42 they make; with the World Trade Center, their prospects who said they were jobless because of of staying in the world of work have dimin- the twin towers collapsed lived in food preparation and fast food service, ished,’’ said David R. Jones, president of the Brooklyn.’’ 1,718 have been laid off, and $7.09 was Community Service Society of New York, Brooklyn happens to be my home their average wage; general managers which has been helping workers who lost borough. The 11th Congressional Dis- and top executives, 1,367 have lost their their jobs after Sept. 11.

VerDate 06-NOV-2001 01:29 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.122 pfrm04 PsN: H07PT1 November 7, 2001 CONGRESSIONAL RECORD — HOUSE H7905 His group is recommending a government- He does not think he will be able to go laid off in large numbers. We said we financed jobs program, he said. ‘‘Otherwise, back into restaurant work, he says. ‘‘They would do it next week. It is 3 weeks we’ll have people sitting on stoops, getting a are not hiring right now,’’ he said. ‘‘So I’m later now, and we still have not done little check and doing nothing,’’ he said. going to go for job training, either in com- it. There seems to be no haste at all. How many New Yorkers are unemployed is puters or photo imaging.’’ unclear. In a governmental survey taken in The tourist and travel drought has hit The airline employees, those who are the week of Sept. 11, in which anymore who many businesses in Queens, according to a unemployed, have been lumped with worked at all was counted as employed, new report by the Center for an Urban Fu- the other unemployed now. What does 223,100 people in New York City were looking ture, a public policy group. Airline workers, the Republican majority propose for for work (after adjustments for seasonal fac- freight forwarders, truckers and limousine the other people who are unemployed? tors). That was an increase of almost 20,000 drivers are all hurting. people in a month. The unemployment rate Piddling, very tiny amounts of money Listen to Greg Buttle, who operates valet were included in the stimulus package hit 6.3 percent. parking lots at the three major New York The October survey will not be released for area airports: You park at these lots and that has already passed this House of several weeks, but its results are included in workers will shuttle you to and from the ter- Representatives. federal figures, released Friday, that showed minal for about $13 a day plus tax. (They will We passed the stimulus package in a surge in national unemployment, which also wash your car, change the oil, rotate or the House without any significant aid rose by half a percentage point, to 5.4 per- replace the tires, even pick up your dry for the unemployed and for working cent. Unemployment insurance covers only cleaning.) Before, he normally had more about a third of unemployed workers, but families. The emphasis of the bill that than 150 cars in the lots; now, there are passed the House by the Republican the number of people applying for benefits in about 50, he said. the city was has soared. In the last month, Mr. Buttle said he employed 45 people be- leadership, the Republican majority’s an average of 12,745 people a week has ap- fore Sept. 11; now he employs 30. ‘‘I tried to bill, which passed by a two-vote mar- plied; a year ago, that figure was 5,616. make sure that the part-timers who have gin, that bill places great emphasis on A special program, Disaster Unemploy- come in most recently are the first ones to more tax cuts. ment Assistance, is supposed to help those go,’’ he said. ‘‘But some of our employees who are not eligible for unemployment in- We are going to have more tax cuts have worked for us for eight or nine years.’’ surance (usually because they worked part because the ideologues say the tax cuts For more evidence of the spillover effect, time or were self-employed). But only 2,350 are necessary for investment. The look at Chinatown. Business has plunged at people are now getting those benefits. ideologues say when we have tax cuts, Almost 25,000 people told the New York many of the more than 200 sewing shops below Houston Street and at least 20 went people invest, the investment creates State Department of Labor that they lost jobs, and it trickles down to people on their jobs because of the trade center dis- out of business in October, said May Chen, a aster. An analysis of the first 22,000 of those vice president of Unite, the garment work- the bottom. claims found that about 16 percent worked at ers’ union. At least a thousand of her 10,000 But sometimes tax cuts are not in- bars and restaurants, 14 percent worked at members have lost their jobs as stores and vested, they are just hoarded. Some- hotels and 5 percent worked in air transpor- clothing companies have canceled orders. times tax cuts lead to people having tation. Only 4 percent worked at Wall Street Others are working reduced hours. Their job prospects are not good. ‘‘Because money which they invest in other parts brokerage firms (many of which simply relo- of the world where they get a higher cated workers to Midtown or New Jersey). of the language barrier, sewing is about the The largest group of people—21 percent— only skill they have,’’ said Susan Cowell, an- return on their investment. Taking worked in a category called business serv- other union official. care of big business does not automati- ices. Many of them were temporary workers, Unite also represents workers at commer- cally lead to a benefit for people on the like Lisa Mendes, a single mother who lost cial laundries; because of the declines at bottom, and that has been shown again her job as an accounting clerk on Sept. 12. In many restaurants, about 600 of these workers and again. years past, when one temporary job ended, have also been laid off. With the public’s attention riveted to the The best way to help poor people, we she could pick and choose among the offer- know from social services practices, ings at the agencies. Now, ‘‘there’s just noth- sad stories of the dead and the heroism of ing there,’’ she said. ‘‘It’s scary.’’ the rescuers, some workers fear that their nonprofit services practices, the best Ms. Mendes is typical of the unemployed in plights will be ignored. way to help people is to put money in another way—she lives in Brooklyn. The ‘‘No one wants to hear our stories,’’ said their hands. Unemployed people need Labor Department analysis found that al- Asmat M. Ali, a former captain at Windows money. Unemployed people, people who most 26 percent of those who said they were on the World. ‘‘About a busboy or the dish- have working families, cannot save the washer making $250 a week and raising three jobless because of the twin towers collapse money. They need the money now. live in Brooklyn; 24 percent live in Queens, kids in an apartment in the Bronx or Brook- and 12 percent live in the Bronx. Just 18 per- lyn. But 80 percent of the people who worked They will spend the money now. It will cent live in Manhattan. in the World Trade Center fell in that cat- turn over in our economy. But Ms. Mendes, who is from Jamaica, is egory.’’ We recognize that the engine of cap- luckier than many of the unemployed be- Mr. Speaker, I think this is a land- italism is consumerism. Consumers cause she speaks English and can use a com- mark article which clearly sets forth make our economy go. Why do we hesi- puter. The Consortium for Worker Edu- tate, then, to make provisions for peo- cation, which runs a special program for peo- the basic thesis of my discussion: ple unemployed because of the disaster (and Working families in the struggle ple who are the number one con- has already counseled more than 3,200 of against terrorism are suffering greatly sumers? The working families are our them) has 5,000 jobs in its special job bank. already in New York City. number one consumers. It does not ‘‘Most of them are back-office jobs, data The domino effect of the World Trade make sense. entry, word processing, administrative as- Center catastrophe and the declining Ideologues, people trapped in a vision sistants,’’ said Saul Rosen, associate execu- of the world which says, no, govern- tive director of the group. economy goes right across the whole Hotel and restaurant employment has been country. Workers in New York City are ment spending are always bad, tax cuts devastated by the destruction of the trade not the only workers suffering. The are always good, they have their heads center and the steep drop in tourism that pattern that I have just set forth ap- in the sand in a dangerous way. followed. Most restaurants are not union- plies right across the country in the So we are stalled. Fortunately, yes- ized, but Local 100 of the Hotel Employees big cities, and certainly places where terday the other body unveiled an eco- and Restaurant Employees Union, which rep- tourism was important, places where nomic stimulus package that sets up a resents about 6,000 restaurant workers, says situation where we will have another that 10 percent of its membership lost jobs the service industries are important, immediately after Sept. 11. About 200 of they are all suffering equally. These opportunity maybe in the conference those 600 have since found work, but not nec- are the people who are vital to our win- to fight for the unemployed. essarily restaurant work. ning the struggle against terrorism, to The other body’s plan was drafted in John Haynes has a short-term job at the the saving of our civilization. They are close consultation with labor leaders Immigrant Workers Assistance Alliance, suffering in a very direct way. We are who helped persuade key Senators to helping undocumented workers. Until Sept. not responding in this Congress to that gear the package heavily to helping 11, he cooked meals on the 106th floor of the suffering. workers who have lost their jobs, but World Trade Center for the 250 employees of Windows on the World. He said he earned As I said before, we approved a bill some elements sought by labor were $488.80 a week before taxes, or about $25,400 a for the airline industries, and at that trimmed back in the final hours, even year, and he lives in public housing in the time we would not approve a bill for though the plan is still far superior to Bronx. the airline employees who were being the one that came through the House.

VerDate 06-NOV-2001 01:29 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.034 pfrm04 PsN: H07PT1 H7906 CONGRESSIONAL RECORD — HOUSE November 7, 2001 Democrats will be able to get the bill far safer, less dangerous, and less de- tion because later on these kinds of ex- through the closely divided Senate Fi- bilitating for key people. On all meas- posures lead to debilitating diseases nance Committee. Tomorrow it is ex- ures that relate to worker safety, we and people die. pected, but no Republican has signed have tremendous opposition from the We have a situation that has now onto the plan. It is even doubtful it Republican majority. I know because I been revealed concerning the workers could pass on the Senate floor unless it am the ranking member of the Sub- who worked on the spill at EXXON, the is agreed that they would not have a committee on WorkForce Protections. EXXON Valdez oil spill in 1989, when filibuster. It is my job to deal with workforce pro- an oil tanker ran aground and spilled The House and Senate bills are al- tections, and we have bill after bill and tremendous amounts of oil. The count most mirror opposites of each other. effort after effort to cut down on the was 250,000 dead birds, 2,800 sea otters, The House bill devotes about 75 percent safety or the government’s protection 300 harbor seals. We know what the of its $99 billion first-year cost to busi- of the safety of workers. animal count was, but only now are we ness and individual tax cuts, while only Now this monster has raised its ugly beginning to understand that when 11 about one-quarter of the $90 billion head at ground zero in New York. At million gallons of oil were spilled and Senate bill would reduce tax revenue. ground zero, we have a situation where people from all over the country went The Senate plan also includes $20 bil- rescue workers and other people in the out to clean it up, they became vic- lion for additional spending on infra- area are not being protected properly, tims, also. structure and security. AFL President and we are going to have victims cre- No one talks about the workers who John Sweeney said that ‘‘Congress ated unnecessarily. stood in the brown foam 18 hours a day, took care of companies’’ with airline Because of the contempt for workers, who came back to their sleeping barges rescue legislation, and ‘‘they continued the hostility towards working families, with oil matted in their hair, ate sand- to lay off workers. Weeks have gone by nobody is paying attention to the need wiches speckled with oil, steered boats and no action was taken and the unem- for protective gear. Recently, accord- through a brown, hydrocarbon haze ployment numbers rise. It’s about time ing to an article that appeared in the that looked like the smog from hell, they deal with the unfairness here.’’ Daily News on October 26, ‘‘A Federal and after the summer, some found One of the tax provisions, allowing agency has slammed the city for not themselves with oil traces in their taking steps to protect rescue workers companies to speed up depreciation of lungs, in their blood cells, in the fatty from injuries immediately after the newly-purchased assets, would cost tissue of their buttocks. States about $2 billion in revenue. With World Trade Center catastrophe. In a They got treated for headaches, nau- State budgets already under pressure, sharply worded report, consultants for sea, chemical burns, and breathing that could lead to layoffs of State the National Institute of Environ- problems and went home, but some mental Health Sciences said nearly workers, county workers, city workers. never got well. We have contempt for the needs of 1,000 injuries, ranging from blisters and The story appears in another news- the people on the very bottom at a nausea to severe burns and fractures, paper that this goes on and on, and time when it is pretty clear that they could have been prevented if the city many years later workers are suffering have to play a vital role in our war on had made sure workers had basic safety dramatically, and some people are training and adequate equipment such terrorism. dying as a result of not paying atten- as hard hats, and respirators.’’ I hope the message goes out and all tion to the health of the workers. The report was dealing with very of the Members of Congress who are lis- Another way the workers are being basic, elementary kinds of things, but tening would understand the need to treated in a hostile and contemptuous beyond that, the report gets into the communicate with their working fami- manner relates to the contracting discussion of toxic chemicals and met- lies about the unfairness of this, and process at ground zero. We started off als: ‘‘ ‘Toxic chemicals and metals are on the wrong foot. There was an article about the fact that this Congress is being released into the environment being managed in a way in which it is around lower Manhattan by the col- in the New York Times on October 19 almost impossible to get up enough lapse of the World Trade Center towers which talks about the fact that they momentum to confront the party in and by the fires that are still burning were employing people who were not control. at ground zero,’ according to internal being paid. Day laborers at ground zero We spend a lot of time in recess. We government reports. Dioxins, PCBs, say they are not being paid. The story spend a lot of time working back in the benzene, lead, and chromium are as it goes here shows that illegal immi- district. There is a plot, a scheme to among the toxic substances detected in grants were brought in by a contractor minimize the amount of time spent on the air and soil around the World Trade from outside the city and they were the floor of this House and people Center site by Environmental Protec- not even bothering to pay the people speaking in a way which might be tion Agency equipment, sometimes at who were working at very low wages. picked up by the general public, and levels far exceeding Federal levels, the The treatment of workers in this sit- certainly working families. documents show.’’ This is a report in uation amounts to a lockout of legiti- So the message has to be gotten out the Daily News also on October 26, an mate workers who live in New York. there somehow that working families article by Juan Gonzalez. New York has a high unemployment are being treated unfairly. Working ‘‘EPA monitoring devices have also rate. A few minutes ago, I said it is families have a vital role to play in the found considerable contaminants in the presently at 6.3 percent for adults. Yet, struggle against terrorism, and they Hudson River and in the water and most of these workers were brought in are not being recognized for their full sediment, especially after it rains. Six from outside the city. worth. We demand that there be some weeks after the World Trade Center at- Day laborers are frequently illegal definite changes made. tack, benzene, a colorless liquid that immigrants who are promised pay- On another area, working families evaporates quickly and can cause leu- ments in cash. They have no form of are being subjected to conditions which kemia, bone marrow damage, and other employment contracts. They know are going to create more unnecessary diseases in long-term exposure, con- their employer only through a crew victims. We have a situation where we tinues to be released into the air in leader who hires them on a street cor- opened this Congress this year with a plumes from the still burning fires at ner. repeal of the ergonomics standards by relatively high levels.’’ Officials with a cleaning company, in OSHA. There was joy in the majority, On and on it goes to talk about the this case Milrose Services, Incor- great joy and celebration in taking fact that the protective gear needed is porated, of Freeport New York, the away labor standards and standards to not there. The highest level of benzene usual racket in which certain people in assist the safety of working people, recorded was on October 11, 58 times city government contract with people working families, members who have higher than OSHA’s permissible expo- outside the city, and these officials of to go out and work every day in the sure limit. Other kinds of extremes this particular company say they are area of ergonomics. have also occurred. not responsible for hiring and paying There was a set of standards that Workers’ health and sometimes their the laborers. They have the contract, would have helped make the workplace lives are at stake in this kind of situa- they are not responsible.

VerDate 06-NOV-2001 01:29 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.125 pfrm04 PsN: H07PT1 November 7, 2001 CONGRESSIONAL RECORD — HOUSE H7907 b 2030 The complaints first surfaced when an or- Washington, so little expertise that we ganizer with the New York Committee for do not have enough to take care of the The company hired a subcontractor Occupational Safety and Health went to the to do that. What is unusual here is the situation at the post office, at the hiring line to talk to workers about safety same time we take care of the situa- setting. Ground zero has just been de- precautions; he heard an earful about how stroyed in an act which is attributed to they were not being paid. tion on the Hill in Senate and House illegal immigrants or undesirable im- Yesterday morning, lawyers from the state buildings? They did not move fast migrants. They are hunting all over attorney general’s office came and the work- enough. Information did not flow fast the country for undesirable immi- ers lodged their complaints. enough. ‘‘They gave us very specific information Our hospital system has been under grants, but the contractor brings in il- about where they worked, what they were legal immigrants to do part of the pressure for the last 20 years and cer- promised, what they were paid, what they tainly will see no relief because of the cleaning work at the World Trade Cen- weren’t paid,’’ said Patricia Smith, the as- ter, and of course, the people are so sistant attoney general in charge of the ideologues in this Congress who insist crooked they do not even bother to pay agency’s labor bureau, whose offices are that we continue to cut local facilities, the workers, and they make a mistake, around the corner from the hiring site. hospital facilities unnecessarily. Of and it becomes a matter in the paper. ‘‘We’ve talked to the employer, we are inves- course, in the Washington, D.C., area One of the workers was named tigating and, hopefully, we’ll be able to re- they closed down D.C. General Hos- solve it.’’ pital. Cecilia Ramirez, but what is important Officials with Milro Services said yester- here, and I would like to submit this We watched the spectacle of two day that they were surprised and dismayed postmen who went to a hospital and be- entire article, is a documentation of to learn of the charges. But they said hiring the utter contempt they have for a and paying the day laborers was not the cause the hospital was so badly in- working class that would go outside on company’s responsibility, but that of a su- formed, because of their own pressures, a critical matter like cleanup work pervisor, Lumi Morel, who was acting as a they were turned away, and when they around ground zero and get illegal im- subcontractor. went back the next day, they were al- ‘‘I don’t like that this is happening, if it is ready dying. Here is a triage setup, and migrants and bring them into New happening,’’ said Tom Milici, the vice presi- York City while other people are look- here is a setup which flows out of the dent of Milro. But, he added, ‘‘that’s out of inadequacy of our basic health system. ing for work and these kinds of jobs. my hands.’’ I will include this article that ap- Late yesterday afternoon, Ms. Morel, We should have a health system peared in the New York Times on Octo- reached by telephone, said she had been de- which is not just prepared to combat ber 19th in the RECORD. layed in paying the workers because of pa- terrorism, but one that makes certain [From the New York Times, Oct. 19, 2001] perwork. She said that she owed money to everybody gets equal and rapid treat- about 80 workers, and that she planned to ment. It did not happen. Joseph P. DAY LABORERS AT GROUND ZERO SAY THEY pay them by today. ARE NOT BEING PAID Curseen is dead as a result. Thomas Continuing in the same vein, sud- (By Somini Sengupta) Lee Morris is dead as a result. denly beyond September 11 we had the Then we have the spectacle of the The state attorney general’s office is inves- crisis of anthrax. Anthrax is a very tigating complaints that day laborers hired D.C. General Hospital being used as a to clear debris from office buildings sur- deadly substance, as we all know. I major headquarters for the process of rounding the site of the World Trade Center need not waste the time here to repeat dispensing the antibiotic and giving have not been paid, some of them for up to what the Centers for Disease Control out information. D.C. General Hospital two weeks of work. and the numerous press conferences has been closed. The same economic The complaints here are hardly unusual. over the last 2 weeks have told us forces, the same pitch on our health Day laborers are frequently illegal immi- about anthrax. We vacated the House care facilities that has gone on grants who are promised payment in cash. of Representatives because of the an- They have no formal employment contracts, throughout the country has forced the and they know their employer only through thrax possibilities, the scare. There is a closure of D.C. General Hospital. But a crew leader who hires them on a street cor- Senate building which still remains va- because there was no other place, the ner. cant, the Hart Building, because of the emergency center had to be set up at Officials with the cleaning company in this anthrax scare. the D.C. General Hospital. The working case, Milro Services Inc., of Freeport, N.Y., What happened when it was discov- class had to do with a closed hospital, say they are not responsible for hiring and ered in the post office where working a jerry-built situation to take care of a paying laborers; the company hired a sub- people work? What happened when it major problem. contractor to do that. (Late yesterday after- was clear that there was a danger to noon, the subcontractor said she was making Joseph P. Curseen is dead. Thomas arrangements to pay the workers.) workers? We have two deaths, postal Lee Morris is dead. They were postal What is unusual here is the setting. In this workers, two deaths that I consider to workers at the bottom of the heap, and case, the day laborers are at the center of be totally unnecessary. If we had acted we are not taking care of our working the mammoth cleanup effort in Lower Man- faster, if information had moved faster, families when we allow that kind of hattan. By 8 a.m. each morning, they are if the people in charge of combating system to take place. When decisions lined up, 100 deep, on the corner of Broadway the anthrax problem had moved faster, are made, triage decisions, some people and Fulton Street for a day’s work. Escorted with more purpose, these two men are more important than others. past barricades by police officers, they clear would not be dead, in my opinion. shards of glass, wipe soot off desks and sweep It is important we go forward with a floors covered with ash and debris. I think triage was practiced. The in- health care system that serves every- They are promised $60 for an 8 hour shift, tention was focused on the important body. That health care system would $90 if they work 12 hours, and the buildings people. We have Congressmen, Senators certainly be ready for any kind of bio- they clean include the offices of several city on Capitol Hill, and given the fact that terrorism in the future, and workers’ and federal agencies. But in interviews at we were not prepared, we have limited families would be treated in the same the hiring site this week, several laborers, people who know how to handle this manner as any other families. There including some men and women freshly un- problem, which is most unfortunate would be no priority set for anybody. employed from shops and delis near the trade and a little unforgivable because an- center, said they had not seen a dime for Everyone would have the same service. their work—some for a week, some for two. thrax has been a clearly recognized I conclude by saying that working One man, Gonzalo Carmona, opened his problem since the Gulf War. They even, families in the struggle against ter- datebook and pointed to his nine days of at one point, ordered all members of rorism are as important as any other work, starting on Oct. 1; by his calculations, the Army to be vaccinated against an- component. They may be the most im- he was owed $780. A woman, Cecilia Linares, thrax. portant component in our struggle said she had worked for seven days straight; If we became worried about anthrax against terrorism. when she asked about pay, the woman who during the Gulf War and we have had a f hired her, whom she said she knew only by situation where at one point all the her first name, Lumi, told her, ‘‘Tomorrow, MESSAGE FROM THE SENATE tomorrow, tomorrow.’’ members of the Army were ordered to Early Wednesday morning, Ms. Linares be vaccinated against anthrax, why is A message from the Senate by Mr. showed up again and looked, in vain, for the there so little expertise in the country Monahan, one of its clerks, announced woman. when an anthrax outbreak occurs in that the Senate has passed with an

VerDate 06-NOV-2001 01:29 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.128 pfrm04 PsN: H07PT1 H7908 CONGRESSIONAL RECORD — HOUSE November 7, 2001 amendment in which the concurrence 4527. A letter from the Principal Deputy transmitting certification of a proposed li- of the House is requested, a bill of the Associate Administrator, Environmental cense for the export of defense articles or de- House of the following title: Protection Agency, transmitting the Agen- fense services sold commercially under a cy’s final rule—Approval and Promulgation contract to Canada [Transmittal No. DTC H.R. 2944. An act making appropriations of State Plans for Designated Facilities; 136–01], pursuant to 22 U.S.C. 2776(c); to the for the government of the District of Colum- Puerto Rico [Region II Docket No. PR6–233a, Committee on International Relations. bia and other activities chargeable in whole FRL–7093–9] received October 26, 2001, pursu- or in part against the revenues of said Dis- 4536. A letter from the Assistant Secretary ant to 5 U.S.C. 801(a)(1)(A); to the Committee trict for the fiscal year ending September 30, for Legislative Affairs, Department of State, on Energy and Commerce. transmitting certification of a proposed li- 2002, and for other purposes. 4528. A letter from the Principal Deputy The message was announced that the cense for the export of defense articles or de- Associate Administrator, Environmental fense services sold commercially under a Senate insist, upon its amendment to Protection Agency, transmitting the Agen- contract to Norway [Transmittal No. DTC the bill (H.R. 2944) entitled ‘‘An Act cy’s final rule—Approval and Promulgation 121–01], pursuant to 22 U.S.C. 2776(c); to the making appropriations for the govern- of Air Quality Implementation Plans; Mary- Committee on International Relations. ment of the District of Columbia and land; One-Hour Ozone Attainment Dem- onstration for Philadelphia—Wilmington— 4537. A letter from the Assistant Secretary other activities chargeable in whole or Trenton Ozone Nonattainment Area [MD– for Legislative Affairs, Department of State, in part against the revenues of said 074–3085; FRL–7089–1] received October 26, transmitting certification of a proposed li- District for the fiscal year ending Sep- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the cense for the export of defense articles or de- tember 30, 2002, and for other pur- Committee on Energy and Commerce. fense services sold commercially under a poses,’’ requests a conference with the 4529. A letter from the Principal Deputy contract to Japan [Transmittal No. DTC 119– House on the disagreeing votes of the Associate Administrator, Environmental 01], pursuant to 22 U.S.C. 2776(c); to the Com- mittee on International Relations. two Houses thereon, and appoints Ms. Protection Agency, transmitting the Agen- cy’s final rule—Approval and Promulgation 4538. A communication from the President LANDRIEU, Mr. DURBIN, Mr. REED, Mr. of Air Quality Implementation Plans; Dela- of the United States, transmitting a report INOUYE, Mr. DEWINE, Mrs. HUTCHISON, ware; Post-1996 Rate-of-Progress Plans and on the temporary and permanent U.S. mili- and Mr. STEVENS, to be the conferees One-Hour Ozone Attainment Demonstration tary personnel and U.S. civilians retained as on the part of the Senate. for the Philadelphia—Wilmington—Trenton contractors in Colombia involved in sup- f Ozone Nonattainment Area [DE–1033; FRL– porting Plan Colombia; to the Committee on 7089–3] received October 26, 2001, pursuant to International Relations. SPECIAL ORDERS GRANTED 5 U.S.C. 801(a)(1)(A); to the Committee on 4539. A letter from the Director, Congres- By unanimous consent, permission to Energy and Commerce. sional Budget Office, transmitting notifica- 4530. A letter from the Principal Deputy address the House, following the legis- tion on the growth of real gross national Associate Administrator, Environmental lative program and any special orders product during the third quarter of 2001, pur- Protection Agency, transmitting the Agen- suant to 2 U.S.C. 904(j); (H. Doc. No. 107–144); heretofore entered, was granted to: cy’s final rule—Approval and Promulgation jointly to the Committees on the Budget and (The following Members (at the re- of Implementation Plans; Texas; Control of Rules, and ordered to be printed. quest of Ms. KAPTUR) to revise and ex- Air Pollution for Volatile Organic Com- tend their remarks and include extra- pounds, Solvent Using Processes, Surface neous material:) Coating Processes, Aerospace Manufacturing f Mr. BROWN of Ohio, for 5 minutes, and Rework Operations [TX–129–1–7471a; today. FRL–7091–3] received October 26, 2001, pursu- REPORTS OF COMMITTEES ON Ms. KAPTUR, for 5 minutes, today. ant to 5 U.S.C. 801(a)(1)(A); to the Committee PUBLIC BILLS AND RESOLUTIONS Ms. NORTON, for 5 minutes, today. on Energy and Commerce. 4531. A letter from the Principal Deputy Mr. DEFAZIO, for 5 minutes, today. Under clause 2 of rule XIII, reports of Associate Administrator, Environmental Mr. LIPINSKI, for 5 minutes, today. committees were delivered to the Clerk Protection Agency, transmitting the Agen- Ms. MCKINNEY, for 5 minutes, today. cy’s final rule—Approval and Promulgation for printing and reference to the proper Mr. STUPAK, for 5 minutes, today. of Implementation Plans; Texas; Control of calendar, as follows: Ms. MILLENDER-MCDONALD, for 5 min- Emissions of Nitrogen Oxides From Sta- utes, today. Ms. PRYCE of Ohio: Committee on Rules. tionary Sources in the Houston/Galveston House Resolution 279. Resolution waiving Mr. ALLEN, for 5 minutes, today. Ozone Nonattainment Area [TX–134–8–7532; points of order against the conference report Mr. KUCINICH, for 5 minutes, today. FRL–7092–7] received October 26, 2001, pursu- to accompany the bill (H.R. 2620) making ap- Mrs. CLAYTON, for 5 minutes, today. ant to 5 U.S.C. 801(a)(1)(A); to the Committee propriations for the Departments of Vet- (The following Members (at the re- on Energy and Commerce. erans Affairs and Housing and Urban Devel- quest of Mr. STEARNS) to revise and ex- 4532. A letter from the Principal Deputy opment and for sundry independent agencies, tend their remarks and include extra- Associate Administrator, Environmental boards, commissions, corporations, and of- neous material:) Protection Agency, transmitting the Agen- fices for the fiscal year ending September 30, Mr. SMITH of Michigan, for 5 minutes, cy’s final rule—Approval and Promulgation 2002 (Rept. 107–273). Referred to the House today. of Implementation Plans; Texas; Lawn Serv- Calendar. ice Equipment Operating Restrictions; and Mr. COLLINS, for 5 minutes, November Requirements for Motor Vehicle Idling for 8. the Houston/Galveston (HG) Ozone Non- f (The following Members (at their own attainment Area [TX–133–1–7493; FRL–7092–8] request) to revise and extend their re- received October 26, 2001, pursuant to 5 PUBLIC BILLS AND RESOLUTIONS marks and include extraneous mate- U.S.C. 801(a)(1)(A); to the Committee on En- rial:) ergy and Commerce. Under clause 2 of rule XII, public Mr. ISSA, for 5 minutes, today. 4533. A letter from the Principal Deputy bills and resolutions were introduced Mr. STEARNS, for 5 minutes, today. Associate Administrator, Environmental and severally referred, as follows: Protection Agency, transmitting the Agen- f By Mr. SMITH of New Jersey (for him- cy’s final rule—Approval and Promulgation self, Mr. EVANS, Mr. SIMPSON, Mr. ADJOURNMENT of Implementation Plans; Texas; Houston/ REYES, Mr. STUMP, Mr. FILNER, Mr. Galveston Ozone Nonattainment Area Vehi- Mr. OWENS. Mr. Speaker, I move BILIRAKIS, Mr. GUTIERREZ, Mr. cle Miles Traveled Offset Plan [TX–28–1–7538; BUYER, Ms. BROWN of Florida, Mr. that the House do now adjourn. FRL–7092–4] received October 26, 2001, pursu- MCKEON, Ms. CARSON of Indiana, Mr. The motion was agreed to; accord- ant to 5 U.S.C. 801(a)(1)(A); to the Committee BAKER, Mr. RODRIGUEZ, Mr. SIMMONS, ingly (at 8 o’clock and 36 minutes on Energy and Commerce. p.m.), the House adjourned until to- 4534. A letter from the Principal Deputy Mr. SHOWS, Mr. BROWN of South Caro- morrow, Thursday, November 8, 2001, at Associate Administrator, Environmental lina, Ms. BERKLEY, Mr. UDALL of New Mexico, Mr. POMEROY, Mr. SANDERS, 10 a.m. Protection Agency, transmitting the Agen- cy’s final rule—Approval and Promulgation Ms. LEE, Ms. SLAUGHTER, Mrs. JOHN- f of Air Quality State Implementation Plans SON of Connecticut, Mrs. THURMAN, EXECUTIVE COMMUNICATIONS, (SIP); Texas: Low Emission Diesel Fuel [TX– Mr. GRAHAM, Mr. BOEHNER, Mr. PICK- ERING, Mr. PASCRELL, Mr. HOLDEN, ETC. 134–5–7509; FRL–7091–5] received October 26, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. DOYLE, Mr. EDWARDS, and Mr. Under clause 8 of rule XII, executive Committee on Energy and Commerce. ABERCROMBIE): communications were taken from the 4535. A letter from the Assistant Secretary H.R. 3240. A bill to amend 38, United States Speaker’s table and referred as follows: for Legislative Affairs, Department of State, Code, to restore certain education benefits of

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individuals being ordered to active duty as PHELPS, Mr. HOUGHTON, Ms. Mr. FALEOMAVAEGA, Mr. BERMAN, Ms. part of Operation Enduring Freedom; to the SCHAKOWSKY, Mr. LAFALCE, Mr. LEE, Mr. ABERCROMBIE, Mr. HOLT, Mr. Committee on Veterans’ Affairs, and in addi- MCHUGH, and Mr. SOUDER): LAMPSON, Mr. HILLIARD, Ms. BERK- tion to the Committee on Armed Services, H.R. 3244. A bill to require the Secretary of LEY, Mrs. MCCARTHY of New York, for a period to be subsequently determined the Treasury to mint coins in commemora- Mr. STEARNS, Mr. HASTINGS of Flor- by the Speaker, in each case for consider- tion of the Spirit of America and to establish ida, Ms. ROYBAL-ALLARD, Mrs. ation of such provisions as fall within the ju- the Victims of September 11th Fund; to the MORELLA, Mr. KILDEE, Mr. DOYLE, risdiction of the committee concerned. Committee on Financial Services. Mr. SAXTON, Ms. HOOLEY of Oregon, By Mr. ACEVEDO-VILA: By Mr. GOSS: Mr. MEEKS of New York, Mr. BAIRD, H.R. 3241. A bill to extend the benefits of H.R. 3245. A bill to provide for an addi- Mr. HORN, Mr. CROWLEY, Mr. KIRK, the weatherization assistance program under tional district judge for the middle district Mr. CAPUANO, Mr. UDALL of Colorado, part A of title IV of the Energy Conservation of Florida; to the Committee on the Judici- Mr. SCHIFF, Mr. MCNULTY, and Mr. and Production Act to Puerto Rico; to the ary. PALLONE): Committee on Energy and Commerce. By Mr. GREENWOOD (for himself, Mr. H. Con. Res. 264. Concurrent resolution ex- By Mr. BLAGOJEVICH: LEWIS of Georgia, Mr. CARDIN, Mr. pressing the sense of Congress to welcome H.R. 3242. A bill to ensure that the United TOM DAVIS of Virginia, Mr. BUYER, the Prime Minister of India, Atal Bihari States is prepared for an attack using bio- Mr. BARTON of Texas, Mr. DEAL of Vajpayee, on the occasion of his visit to the logical or chemical weapons; to the Com- Georgia, Mr. BOUCHER, Mr. United States, and to affirm that India is a mittee on Energy and Commerce, and in ad- WHITFIELD, and Mr. COLLINS): valued friend and partner and an important dition to the Committees on Agriculture, the H.R. 3246. A bill to amend title XVIII of the Judiciary, and Science, for a period to be ally in the campaign against international Social Security Act to provide for coverage terrorism; to the Committee on Inter- subsequently determined by the Speaker, in under the Medicare Program of oral drugs to each case for consideration of such provi- national Relations. reduce serum phosphate levels in patients By Mr. WYNN: sions as fall within the jurisdiction of the with end-stage renal disease; to the Com- committee concerned. H. Con. Res. 265. Concurrent resolution ex- mittee on Energy and Commerce, and in ad- pressing appreciation to Turkey for offering By Mr. EDWARDS: dition to the Committee on Ways and Means, H.R. 3243. A bill to prohibit late-term abor- to provide special forces in support of Oper- for a period to be subsequently determined tions; to the Committee on Energy and Com- ation Enduring Freedom; to the Committee by the Speaker, in each case for consider- merce. on International Relations. ation of such provisions as fall within the ju- By Mr. ENGEL (for himself, Mr. WATTS By Mr. FROST: risdiction of the committee concerned. of Oklahoma, Mrs. ROUKEMA, Mr. H. Res. 278. A resolution designating mi- By Mr. HILLIARD: nority membership on certain standing com- STEARNS, Mrs. MORELLA, Mr. JACK- H.R. 3247. A bill to terminate all unilateral SON of Illinois, Mr. JEFFERSON, Mr. mittees of the House; considered and agreed United States sanctions against foreign to. HINCHEY, Mr. SERRANO, Mr. LARSEN countries or entities, and for other purposes; of Washington, Mr. LATOURETTE, Mr. By Mr. LAFALCE: to the Committee on International Rela- H. Res. 280. A resolution recognizing the PALLONE, Mr. CUNNINGHAM, Mr. POM- tions. EROY, Mr. JOHNSON of Illinois, Ms. commencement of Ramadan, the Islamic By Mr. HOLT (for himself, Mr. AN- LEE, Ms. MILLENDER-MCDONALD, Mr. holy month of fasting and spiritual renewal, DREWS, Mr. FERGUSON, Mr. FRELING- DICKS, Mr. PASCRELL, Mr. TOWNS, Mr. and commending Muslims in the United HUYSEN, Mr. LOBIONDO, Mr. MENEN- REYNOLDS, Mr. SANDLIN, Mrs. THUR- States and throughout the world for their DEZ, Mr. PALLONE, Mr. PASCRELL, Mr. MAN, Mrs. CAPPS, Mr. MCGOVERN, faith; to the Committee on International Re- PAYNE, Mr. ROTHMAN, Mrs. ROUKEMA, Mrs. CLAYTON, Mrs. MALONEY of New lations. Mr. SAXTON, and Mr. SMITH of New By Ms. SLAUGHTER (for herself and York, Mr. LOBIONDO, Mr. CALLAHAN, Jersey): Mr. TIBERI, Mr. VISCLOSKY, Mr. Ms. ROS-LEHTINEN): H.R. 3248. A bill to designate the facility of H. Res. 281. A resolution commending and GALLEGLY, Mr. STUMP, Mr. BOUCHER, the United States Postal Service located at Mr. SHOWS, Mr. OWENS, Mr. DEFAZIO, urging increased support for organizations 65 North Main Street in Cranbury, New Jer- led by Afghan women that are providing sub- Ms. VELAZQUEZ, Mr. GILMAN, Mr. sey, as the ‘‘Todd Beamer Post Office Build- WOLF, Mr. GRUCCI, Mr. ISRAEL, Mr. stantial education, health, and relief serv- ing’’; to the Committee on Government Re- ices during a time of humanitarian crisis in HAYWORTH, Mr. MASCARA, Mrs. form. MYRICK, Mr. BALLENGER, Mr. CROW- Afghanistan and in Afghan refugee areas in By Mr. STUPAK: neighboring countries, and for the inclusion LEY, Mr. MCNULTY, Mr. COSTELLO, H.R. 3249. A bill to amend the Internal Rev- of women in any new government established Mr. KENNEDY of Rhode Island, Mr. enue Code of 1986 to allow distilled spirits to in that nation; to the Committee on Inter- FROST, Ms. ROS-LEHTINEN, Mr. FARR be produced in dwelling houses, other con- national Relations. of California, Ms. LOFGREN, Mr. nected structures, and certain other prem- UDALL of Colorado, Mr. CALVERT, Mr. ises; to the Committee on Ways and Means. f PLATTS, Mr. HONDA, Mr. WALSH, Mr. By Mr. THUNE: FILNER, Mr. MEEHAN, Ms. MCKINNEY, H.R. 3250. A bill to authorize the President MEMORIALS Mrs. MCCARTHY of New York, Mr. to present a gold medal on behalf of Congress Under clause 3 of rule XII, memorials ACKERMAN, Mrs. CAPITO, Mr. JONES of to the Sioux Indians who served as Sioux were presented and referred as follows: North Carolina, Mr. CANNON, Mr. Code Talkers during World War II in recogni- WYNN, Mr. BALDACCI, Mr. ACEVEDO- tion of their service to the Nation; to the 205. The SPEAKER presented a memorial VILA, Mr. SIMMONS, Mr. OSBORNE, Mr. Committee on Financial Services. of the Senate of the Commonwealth of Penn- GONZALEZ, Ms. KAPTUR, Ms. EDDIE By Ms. MILLENDER-MCDONALD: sylvania, relative to Senate Resolution No. BERNICE JOHNSON of Texas, Ms. HART, H.R. 3251. A bill to amend title 39, United 109 memorializing the United States Con- Mr. NADLER, Mr. KING, Mr. KILDEE, States Code, to provide, for a limited emer- gress that the Commonwealth commends and Mr. FATTAH, Mr. COBLE, Ms. ESHOO, gency period, that the payment of a bill, in- supports the President of the United States Ms. SOLIS, Mr. DAVIS of Illinois, Mr. voice, or statement of account due, if made as the Commander-in-Chief of our Armed MORAN of Virginia, Mr. KIRK, Mr. by mail, shall be considered to have been Services and sends its support, prayers and ISSA, Mr. CLAY, Mr. HILLIARD, Mr. made on the date as of which the envelope gratitude to all our military service per- SHAYS, Mrs. MINK of Hawaii, Ms. KIL- which is used to transmit such payment is sonnel as they undertake the difficult tasks PATRICK, Mr. HOYER, Mr. CONDIT, Mr. postmarked; to the Committee on Govern- that may lie ahead; to the Committee on RADANOVICH, Mr. BACA, Mr. GREEN- ment Reform. Armed Services. WOOD, Mr. MCDERMOTT, Mr. SMITH of By Mr. SAM JOHNSON of Texas (for 206. Also, a memorial of the Senate of the Washington, Mr. HORN, Mr. MENEN- himself, Mr. MATSUI, and Mr. REG- Commonwealth of Pennsylvania, relative to DEZ, Ms. BERKLEY, Mr. BAIRD, Mr. LI- ULA): Senate Resolution No. 107 memorializing the PINSKI, Mrs. BONO, Mr. BERMAN, Ms. H.J. Res. 73. A joint resolution providing United States Congress to commemorate PELOSI, Mr. SKEEN, Mr. QUINN, Mr. for the appointment of Patricia Q. Stonesifer every September 11 as a day of mourning and SWEENEY, Mr. BONIOR, Mr. GEKAS, as a citizen regent of the Board of Regents of remembrance; jointly to the Committees on Mr. TAYLOR of Mississippi, Mr. the Smithsonian Institution; to the Com- International Relations and Government Re- FOSSELLA, Mr. TERRY, Mr. mittee on House Administration. form. FALEOMAVAEGA, Mrs. LOWEY, Mr. By Mr. LANTOS (for himself, Mr. f WAMP, Mr. GIBBONS, Mr. FLETCHER, HYDE, Mr. ACKERMAN, Mr. GILMAN, Mr. RUSH, Mrs. KELLY, Mr. BOEH- Mr. GEPHARDT, Mr. MCDERMOTT, Mr. ADDITIONAL SPONSORS LERT, Mr. WEINER, Mr. RANGEL, Mr. ROYCE, Ms. PELOSI, Mrs. LOWEY, Mr. Under clause 7 of rule XII, sponsors UDALL of New Mexico, Mr. CARSON of KNOLLENBERG, Mr. VISCLOSKY, Ms. Oklahoma, Mr. KENNEDY of Min- SCHAKOWSKY, Mr. ENGEL, Mr. were added to public bills and resolu- nesota, Mr. CAMP, Mr. ROGERS of WEXLER, Mr. LEVIN, Mr. DAVIS of tions as follows: Kentucky, Ms. SLAUGHTER, Mr. Florida, Mrs. MALONEY of New York, H.R. 122: Mr. UPTON.

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H.R. 162: Mr. GUTIERREZ and Mr. H.R. 2669: Mr. UDALL of New Mexico. H.R. 3038: Mr. SHUSTER and Mr. PITTS. FALEOMAVAEGA. H.R. 2709: Ms. PRYCE of Ohio. H.R. 3077: Mr. TANNER and Mr. GREEN of H.R. 633: Mr. UDALL of New Mexico. H.R. 2722: Mr. SCHIFF, Mr. DOYLE, Mr. FIL- Wisconsin. H.R. 883: Mr. HAYWORTH, Mr. REYNOLDS, NER, Ms. MILLENDER-MCDONALD, Mr. WATT of H.R. 3088: Mr. CASTLE and Mr. SWEENEY. Mr. MCHUGH, Mr. STENHOLM, and Mr. KERNS. North Carolina, Mr. CLEMENT, Mr. SANDERS, H.R. 3109: Mr. LOBIONDO and Mrs. MCCAR- H.R. 902: Mr. MOLLOHAN. Mr. KILDEE, and Mr. LIPINSKI. THY of New York. H.R. 2777: Mr. STARK, Ms. LOFGREN, Mr. H.R. 959: Mrs. BONO. H.R. 3143: Mr. GILMAN and Mr. MCHUGH. BENTSEN, and Ms. HARMAN. H.R. 981: Mr. PENCE. H.R. 3209: Mr. HEFLEY. H.R. 1155: Mr. HANSEN. H.R. 2794: Mr. HALL of Texas. H.R. 2887: Mr. CAPUANO. H.R. 3212: Mr. NADLER. H.R. 1187: Mr. LANGEVIN and Mr. SHERMAN. H.R. 2897: Mr. WU. H.R. 3213: Ms. VELAZQUEZ and Mr. GON- H.R. 1194: Mr. PETERSON of Minnesota. H.R. 2946: Mr. BONIOR. ZALEZ. H.R. 1198: Mr. MCHUGH. H.R. 2949: Mrs. CAPPS, Mr. BLUMENAUER, H.R. 3221: Mr. SESSIONS, Mr. LIPINSKI, and H.R. 1434: Mr. RAMSTAD. Ms. ROYBAL-ALLARD, Ms. WOOLSEY, Mr. Mr. DEAL of Georgia. H.R. 1556: Mr. MORAN of Kansas. DAVIS of Florida, Mr. SCHIFF, Ms. SANCHEZ, H.R. 3230: Mr. DEMINT. H.R. 1733: Mr. CAPUANO and Mr. ABER- Mrs. MALONEY of New York, Mr. LEWIS of H.R. 3238: Ms. WOOLSEY. CROMBIE. Georgia, Ms. MCCOLLUM, Ms. ESHOO, Mr. WU, H.J. Res. 40: Mr. GEPHARDT. H.R. 1798: Mr. CAPUANO. Mrs. DAVIS of California, Mr. CARSON of CHAFFER H.R. 1928: Mr. ABERCROMBIE. H.J. Res. 66: Mr. S . Oklahoma, Mr. WEINER, Mr. BAIRD, Mr. H.R. 1948: Mr. PAYNE. H. Con. Res. 232: Mr. BACA and Mr. HOUGHTON, Mr. BROWN of Ohio, Mr. DOGGETT, H.R. 2099: Mr. DICKS, Mr. LARSEN of Wash- SCHROCK. Mr. STICKLAND, Mr. HINOJOSA, Mr. EVANS, ington, Mr. SMITH of Washington, Mr. WU, H. Con. Res. 240: Mr. GEORGE MILLER of Ms. WATERS, Mr. INSLEE, Mrs. CLAYTON, Mr. OOLEY California. and Ms. H of Oregon. PHELPS, Ms. SCHAKOWSKY, Mrs. CHRISTENSEN, ANZULLO H. Con. Res. 250: Mr. DAVIS of Florida, Mr. H.R. 2163: Mr. M . Mr. OBERSTAR, Mr. PASTOR, Mr. NADLER, Mr. OLIS SABO, Mr. KIND, Mr. DUNCAN, Mrs. MORELLA, H.R. 2166: Mr. S . WATT of North Carolina, Mr. GARY G. MILLER RYCE Mr. LANGEVIN, Mr. BACA, Mr. H.R. 2219: Ms. P of Ohio. of California, Mr. ROTHMAN, Mr. CONDIT, Mr. EORGE ILLER FALEOMAVAEGA, and Mr. KUCINICH. H.R. 2220: Mr. G M of Cali- BONIOR, Mr. OSE, Mr. ENGLE, Mr. UDALL of H. Con. Res. 260: Mr. MEEKS of New York, fornia. New Mexico, Mrs. LOWEY, Mr. ABERCROMBIE, Mr. OWENS, Mr. PAYNE, Mr. HILLIARD, Ms. H.R. 2375: Mr. BERMAN. Mr. BALDACCI, Mr. DEUTSCH, Ms. DEGETTE, MCKINNEY, Mr. RUSH, Mr. DAVIS of Illinois, H.R. 2377: Mr. DEUTSCH. Mr. SHERMAN, Mr. ETHERIDGE, Mr. SPRATT, Ms. KAPTUR, and Ms. BROWN of Florida. H.R. 2457: Mr. MCINTYRE. Mr. EDWARDS, Mr. TAYLOR of Mississippi, Ms. H. Res. 235: Mr. DIAZ-BALART. H.R. 2484: Mr. GILMAN, Mr. FRANK, Mr. RIVERS, Mr. LUTHER, Mr. KIND, Mr. SMITH of ABERCROMBIE, Ms. KAPTUR, Mr. LARSON of Washington, Mr. LARSEN of Washington, Ms. Connecticut, Mr. PRICE of North Carolina, VELAZQUEZ, Ms. HARMAN, Mr. OWENS, Ms. f Mr. WATT of North Carolina, Mr. WYNN, and MCKINNEY, Mr. DELAHUNT, Mrs. TAUSCHER, Mr. FLETCHER. Mr. FRANK, Mrs. JOHNSON of Connecticut, DELETIONS OF SPONSORS FROM H.R. 2527: Mr. KUCINICH, Mr. LAHOOD, and Mr. ISSA, Mr. CALLAHAN, Mrs. CUBIN, Mr. PUBLIC BILLS AND RESOLUTIONS Mr. HINCHEY. HOBSON, Ms. PELOSI, and Mr. KENNEDY of H.R. 2546: Mr. FERGUSON. Rhode Island. Under clause 7 of rule XII, sponsors H.R. 2555: Mr. HONDA and Mrs. MINK of Ha- H.R. 2980: Mr. ENGLISH and Mr. CLEMENT. were deleted from public bills and reso- waii. H.R. 3007: Mr. MATHESON, Mr. TIERNEY, and lutions as follows: H.R. 2610: Mr. DUNCAN, Mr. ANDREWS, Mr. Mr. SHOWS. PICKERING, and Mr. PAYNE. H.R. 3014: Mr. BRADY of Pennsylvania, Mr. H.R. 2149: Mr. DICKS. H.R. 2638: Mr. DOYLE. MCGOVERN, Ms. BALDWIN, and Mr. BERRY. H.R. 2180: Mr. HILLIARD.

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Vol. 147 WASHINGTON, WEDNESDAY, NOVEMBER 7, 2001 No. 153 Senate The Senate met at 10 a.m. and was to the Senate from the President pro ment, with 30 minutes of debate prior called to order by the Honorable BILL tempore (Mr. BYRD). to the vote in relation to the amend- NELSON, a Senator from the State of The legislative clerk read the fol- ment, at approximately 3 p.m. Florida. lowing letter: The majority leader announced last U.S. SENATE, night in closing that he wanted to com- PRAYER PRESIDENT PRO TEMPORE, plete the DC appropriations bill today. The Chaplain, Dr. Lloyd John Washington, DC, November 7, 2001. Everyone should understand we are To the Senate: going to work very hard until we finish Ogilvie, offered the following prayer: Under the provisions of rule I, paragraph 3, Dear God, You, Yourself, are the an- of the Standing Rules of the Senate, I hereby this bill tonight. That is the intention swer to our prayers. So often we come appoint the Honorable BILL NELSON, a Sen- of the majority leader. Other than to You with our shopping list of re- ator from the State of Florida, to perform these two amendments, I am not sure quests. Prayer becomes a ‘‘gimmie’’ the duties of the Chair. how many more there will be. Hope- ROBERT C. BYRD, fully, it can be wrapped up quickly. game rather than a grace gift. Help us President pro tempore. to realize that whatever You give or There are a number of other important Mr. NELSON thereupon assumed the issues that are waiting to be completed withhold from us in prayer is to draw chair as Acting President pro tempore. us into deeper intimacy with You. before we adjourn for the year. When we put the primary emphasis on f f a relationship with You, experiencing RECOGNITION OF THE ACTING RESERVATION OF LEADER TIME Your presence and receiving Your MAJORITY LEADER The ACTING PRESIDENT pro tem- power, life becomes a privilege. It loses The ACTING PRESIDENT pro tem- pore. Under the previous order, the its strain and stress. Added to that, pore. The acting majority leader is rec- leadership time is reserved. You provide the spiritual gifts we ognized. need—wisdom and discernment, emo- f f tional strength and stability, and phys- SCHEDULE DISTRICT OF COLUMBIA ical stamina and endurance. Grant the APPROPRIATIONS ACT, 2002 Senators a special measure of Your in- Mr. REID. Mr. President, the Senate spiration today as they listen to You. will resume consideration of the Dis- The ACTING PRESIDENT pro tem- Speak to them before they speak to the trict of Columbia Appropriations Act pore. Under the previous order, the Senate and to the Nation. May debate immediately. Senator ALLEN will offer Senate will now resume consideration not divide but develop deeper under- an amendment regarding needle ex- of H.R. 2944, which the clerk will re- standing. Now, when the world looks to change programs. He has agreed to port. America for leadership, may patriot- have 60 minutes for debate prior to the The assistant legislative clerk read ism unite this Senate. Grant the Sen- vote in relation to the amendment. as follows: ators and to all of us a renewed depend- That vote will occur a little after 11 A bill (H.R. 2944) making appropriations ence on You that makes possible great- o’clock. Following the vote in relation for the government of the District of Colum- ness in leadership. You are our Lord to the Allen amendment, Senator bia and other activities chargeable in whole or in part against the revenues of said dis- and Saviour. Amen. HUTCHISON of Texas will offer an amendment regarding attorney’s fees, trict for the fiscal year ending September 30, f with 60 minutes for debate on that 2002, and for other purposes. PLEDGE OF ALLEGIANCE amendment. Following 30 minutes of The ACTING PRESIDENT pro tem- The Honorable BILL NELSON led the debate on the Hutchison amendment, it pore. Under the previous order, the Pledge of Allegiance, as follows: will be laid aside for a period of morn- Senator from Virginia is recognized to offer an amendment, on which there I pledge allegiance to the Flag of the ing business until 2:30 p.m. Senators United States of America, and to the Repub- will be permitted to speak during shall be 60 minutes of debate. lic for which it stands, one nation under God, morning business time for up to 10 Mr. REID. Mr. President, I ask that indivisible, with liberty and justice for all. minutes each. This period of morning we not go to the amendment for just a f business is for a number of reasons but few minutes. Senator LANDRIEU is in mainly to accommodate the Senators- the building and will be here momen- APPOINTMENT OF ACTING only briefing with Secretary of Defense tarily. I think she should be present. I PRESIDENT PRO TEMPORE Rumsfeld. ask unanimous consent the Senator The PRESIDING OFFICER. The At 2:30 p.m., the Senate will resume from New York be recognized for 5 min- clerk will please read a communication consideration of the Hutchison amend- utes as in morning business.

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

S11505

. S11506 CONGRESSIONAL RECORD — SENATE November 7, 2001 The ACTING PRESIDENT pro tem- been told by our President, by Gov- Mr. ALLEN. Certainly. pore. Without objection, it is so or- ernor Ridge, and by Attorney General The ACTING PRESIDENT pro tem- dered. Ashcroft. A public safety block grant pore. The Senator from Louisiana. The Senator from New York. would help our communities provide Ms. LANDRIEU. Mr. President, I f these additional resources for police, thank the Senator from Virginia for fire, ambulance, emergency, airports, yielding. PUBLIC SAFETY INFRASTRUCTURE waterways, public transit infrastruc- Let me quickly support my colleague Mrs. CLINTON. Mr. President, I rise ture, chemical, and nuclear plants. from New York in her remarks about today to bring to our attention two dis- I think we should reinvigorate the how important it is for us, as we fash- tinct problems facing our States and concept of civil defense, using more ion homeland defense, to be cognizant, particularly our communities in New volunteers to supplement our first line as Mayor Giuliani beautifully showed York as a result of the attacks on Sep- responders. Some of our colleagues, in- us, so that the mayors and local offi- tember 11. I have just come from a cluding Senators MCCAIN, BAYH, and cials are really on the front line. Our meeting with a number of mayors from LIEBERMAN, have recently spoken out Federal Government needs to recognize cities all over the country, including about the importance of encouraging the great role they have played and can mayors who joined us by conference Americans to become involved in civil play. Our budget should reflect the phone, Democrats, Republicans, large defense. I believe a public safety block principle of getting those resources cities, medium- and small-sized cities. grant could use funds to further that down to the lower level. I thank the They all have said with a single voice idea and help us prepare better and in- Senator from New York for her very in- that the impact on our public safety volve so many of the citizens who want structive remarks to us this morning. infrastructure of the attacks is such to participate in protecting our home- Let me, as I begin again this morning that they are bleeding dollars. They land front. If we are at war, which we on the DC bill, very briefly—within 1 are paying overtime constantly to our are told we are, which we believe we minute—just hit the highlights of the police officers, our firefighters, our are—we are fighting two wars. We are bill before we turn to the three or four first responders. They do not have the fighting a war abroad in Afghanistan amendments we may be considering funds to provide the protection and the against the terrorist networks, and we today, with that of Senator ALLEN quick response our citizens deserve and are fighting a war right here at home, being the first one up for us to con- expect. and we need to be prepared on both sider. I can speak specifically about New fronts. First, there is great consensus in this York. We have an economic situation The eligibility criteria would be underlying bill. Again, I thank my col- where we face a $10 billion shortfall in based on several factors. Certainly, league from Ohio, Senator DEWINE, for State revenues over the next 18 communities would have to be ready to his excellent work. We thank Mr. months. In addition, our New York use those funds for post-September 11 BYRD, the Senator from West Virginia, State comptroller, Carl McCall, has needs, not because they didn’t budget and the Senator from Alaska, Mr. STE- identified $940 million in potential well before the date of the attacks but VENS, for helping us get this bill to the State and local government costs due because of the additional burdens they floor, working across party lines and in to the current congruence of events. now face. a very dedicated way to bring a good This means that city governments, I believe medium- and larger-sized bill to this floor. county governments, far away from cities and counties should receive di- The five points in this bill are: Ground Zero, are faced with hundreds rect assistance. Smaller communities No. 1, this is the first bill over $7 bil- of calls about potential biological or could go through the State, based on lion that comes to the floor in 5 years chemical materials, particularly an- the CDBG program. I hope commu- without the Control Board being in ef- thrax, to which they are responding as nities would have to submit a plan ex- fect. So there is great responsibility we expect them to. They are faced with plaining how they would use the funds, that we have to make sure this and fu- threats coming in—both credible and, but that they would be given broad dis- ture budgets reflect the fiscal dis- frankly, not, but we have to follow cretion because they are best able to cipline that is now a part—and hope- each one up—potential threats to our defend their own communities. They fully will be even a stronger part—of infrastructure, our powerplants, our should be given that opportunity. the District’s future. The budget is not bridges, our ports, our airports. I think we need this legislation now only in balance but the District is in a As a result, we have a tremendous because our homeland defense will only surplus, having swung $1 billion from a pressure buildup on our local govern- be as strong as the weakest link at the deficit now to a surplus. We would like ments. As I heard today, it is some- State and local level. We need our citi- to keep it that way. thing that is being faced by govern- zens more involved in civil defense to There are going to be great chal- ments across our country. That is why supplement those of our people on the lenges ahead, but Senator DEWINE and I strongly support the plan with which front line in the uniformed services. I I are committed to fiscal discipline, Senators BYRD and REID are coming think we recognize this now is an abso- transparency, accountability, and ex- forward, to provide additional funding lute necessity. I certainly support the cellence in management for the Dis- for public safety needs. I am calling on efforts of Senator BYRD and Senator trict. our colleagues and the Federal Govern- REID, combined with Senator BAUCUS, No. 2, there is an underlying prin- ment to create a public safety block to have a homeland recovery and secu- ciple—we will debate some of that this grant program to help communities rity package, but I do not think it will morning—about local decisionmaking. plan, strictly for our emergencies, and work unless we provide funds directly We believe generally local governments to be ready no matter what happens in to our cities and counties, unless we should be allowed to spend their money their communities. recognize that they have to be the and local funds in the ways they are di- Why is a public safety block grant so front line defense in the war against rected. There is some debate about necessary? terrorism here at home. that issue. That debate will take place First, September 11 changed every- f this morning. thing. Anybody who wants to pretend No. 3, there is a significant invest- it didn’t is sending a false message to DISTRICT OF COLUMBIA ment in child welfare. I want to say on the people we represent. Our cities and APPROPRIATIONS ACT, 2002 behalf of Senator DEWINE and myself our counties are on the front lines in The ACTING PRESIDENT pro tem- and many of the Members who helped, the war against terrorism. When a pore. Under the previous order,the Sen- we are investing $40 million in new threat is called in to our local fire de- ator from Virginia is recognized to moneys to set up a better child welfare partment or our local mayor’s office, offer an amendment on which there system in the District. Too many chil- they cannot wait for some kind of Fed- shall be 60 minutes of debate. dren have died. There are too many eral response. They have to send out Ms. LANDRIEU. Will the Senator families torn asunder. There are too those first responders. They are on a yield for just 1 minute for opening re- many children without parents, too heightened state of alert as they have marks from the manager of the bill? many parents without children who November 7, 2001 CONGRESSIONAL RECORD — SENATE S11507 cannot be found. This investment will Page 18, line 8, after ‘‘provided,’’ and before SEC. 127. (a) None of the funds contained in help the courts work better and help us ‘‘That’’ insert the following: ‘‘That funds this Act may be used for any program of dis- to put our money where our mouth is made available in such Act for the Wash- tributing sterile needles or syringes for the ington Interfaith Network (114 Stat. 2444) hypodermic injection of any illegal drug. and invest in kids. shall remain available for the purposes in- (b) Any individual or entity who received No. 4, there is a $16 million increase tended until December 31, 2001: Provided,’’. any funds contained in this Act and who car- for security in the District. After Sep- Page 34, line 4, District of Columbia ries out any program described in subsection tember 11, it is obvious the District Funds—Public Works, insert after ‘‘avail- (a) shall account for all funds used for such itself is a target, hosting the Capitol of able’’: ‘‘Provided, That $1,550,000 made avail- program separately from any funds con- these great United States. So we have able under the District of Columbia Appro- tained in this Act. recognized that. priations Act, 2001 (Public Law 106–522) for Mr. ALLEN. Mr. President, I rise Finally, there is an investment in the taxicab driver security enhancements in the District of Columbia shall remain available today to ask my colleagues in the Sen- environment and in education. until September 30, 2002.’’. ate to take a stand, a strong stand, AMENDMENT NO. 2109 Page 37, line 4, insert the following after against illegal drug use by rejecting a Ms. LANDRIEU. I send a managers’ ‘‘service’’: ‘‘Notwithstanding any other pro- provision in the District of Columbia amendment to the desk and ask unani- vision of law, the District of Columbia is appropriations bill that would allow mous consent it be approved. This is hereby authorized to make any necessary the use of taxpayer funds for a needle strictly a technical amendment. Any payments related to the ‘‘District of Colum- exchange program. bia Emergency Assistance Act of 2001’’: Pro- controversial issues have been re- vided, That the District of Columbia shall My amendment mirrors the section moved; they are not included. It has use local funds for any payments under this of the House bill that addresses the been cleared on both sides. heading: Provided further, That the Chief Fi- needle exchange programs and would I send the amendment to the desk. nancial Officer shall certify the availability prohibit both the use of Federal and lo- The ACTING PRESIDENT pro tem- of such funds, and shall certify that such cally generated funds for these needle pore. Is there objection? funds are not required to address budget exchange programs. I think it is wrong Without objection, the clerk will re- shortfalls in the District of Columbia.’’. and it is a misguided priority for the port. Page 63, line 8, after ‘‘expended.’’ insert the following new subsection: District of Columbia, with all their pri- The assistant legislative clerk read ‘‘(C) AVAILABILITY OF FY 2001 BUDGET RE- orities and pressing concerns in the as follows: SERVE FUNDS.—For fiscal year 2001, any District—whether they be in improving The Senator from Louisiana [Ms. amount in the budget reserve shall remain their public schools or improving pub- LANDRIEU], for herself and Mr. DEWINE, pro- available until expended.’’. lic safety—to be wasting money. In poses an amendment numbered 2109. Page 68, line 6, insert the following as a fact, I don’t think they ought to waste Ms. LANDRIEU. Mr. President, I ask new General Provision: SEC. 137. To waive the period of Congres- a penny in providing drug users with unanimous consent the reading of the sterile needles or syringes. amendment be dispensed with. sional review of the Closing of Portions of 2nd and N Streets, N.E. and Alley System in As you know, Mr. President, the Con- The ACTING PRESIDENT pro tem- Square 710, S.O. 00–97, Act of 2001. Notwith- stitution provides the Congress the au- pore. Without objection it is so or- standing section 602(c)(1) of the District of thority to exercise exclusive jurisdic- dered. Columbia Home Rule Act (sec. 1–233(c)(1), tion in all cases dealing with the Dis- The amendment is as follows: D.C. Code), the Closing of Portions of 2nd trict of Columbia. We have oversight and N Streets, N.E. and Alley System in On page 6, line 25, insert the following responsibilities. The Federal District after ‘‘inserting ‘‘1,100’’.’’: Square 710, S.O. 00–97, Act of 2001 (D.C. Act Section 16(d) of the Victims of Violent 14–106) shall take effect on the date of the en- of Columbia is properly and constitu- Crime Compensation Act of 1996 (sec. 4– actment of such Act or the date of the enact- tionally subject to more oversight from 515(d), D.C. Official Code), as amended by ment of this Act, whichever is later. the Congress than would be any of the section 403 of the Miscellaneous Appropria- The ACTING PRESIDENT pro tem- 50 States. This is evidenced by the fact tions Act, 2001 (as enacted into law by sec- pore. The question is on agreeing to that both the House and Senate have tion 1(a)(4) of the Consolidated Appropria- the amendment. authorizing subcommittees specifically tions Act, 2001), is amended— The amendment (No. 2109) was agreed addressing the District of Columbia. (1) by striking ‘‘in excess of $250,000’’; and (2) by striking ‘‘and approved by’’ and all to. Thus, we, as Members of the Senate, that follows and inserting a period. Ms. LANDRIEU. I move to reconsider have not only a right but also a con- (b) The amendments made by subsection the vote, please, and move to lay that stitutional oversight responsibility to (a) shall take effect as if included in the en- motion on the table. stop this legislation which would obvi- actment of section 403 of the Miscellaneous The motion to lay on the table was ously be detrimental to the public Appropriations Act, 2001. agreed to. good. On page 12, line 7, after ‘‘Agency,’’ insert Ms. LANDRIEU. At this time the That is the bottom line here. When the following: ‘‘the Governor of the State of Senator from Virginia should be recog- Maryland and the Governor of the Common- there is something that is clearly det- nized, according to the unanimous con- rimental to the public good in the Dis- wealth of Virginia, the county executives of sent agreement. contiguous counties of the region’’. trict of Columbia, we have an oversight Page 12, line 7, after ‘‘and’’ and before The ACTING PRESIDENT pro tem- responsibility. While the vast majority ‘‘state’’ insert the following: ‘‘the respec- pore. The Senator from Virginia. of matters have to do with local juris- tive’’. AMENDMENT NO. 2107 diction—schools and traffic signals— Page 12, line 8, after ‘‘emergency’’ and be- Mr. ALLEN. Mr. President I call up various other issues, management is fore ‘‘plan’’ insert: ‘‘operations’’. amendment No. 2107. best at that local level—although we Page 13, line 14, strike ‘‘$500,000’’ and in- The ACTING PRESIDENT pro tem- would like to empower them in some sert: ‘‘$250,000’’. pore. The clerk will report. Page 13, line 15, strike ‘‘McKinley Tech- The assistant legislative clerk read cases to do more—but insofar as the nical High School’’ and insert the following: as follows: needle exchange network is concerned, ‘‘Southeastern University’’. these needle exchange networks are Page 13, line 16, strike ‘‘Southeastern Uni- The Senator from Virginia [Mr. ALLEN] proposes an amendment numbered 2107. bad for the communities in which they versity’’ and insert the following: ‘‘McKinley are located. Technical High School.’’. Mr. ALLEN. I ask unanimous consent In November of 1995, the Manhattan Page 13, line 14, insert after ‘‘students;’’: the reading of the amendment be dis- Lower East Side Community Board ‘‘$250,000 for Lightspan, Inc. to implement pensed with. the eduTest.com program in the District of The ACTING PRESIDENT pro tem- passed a resolution to terminate their Columbia Public Schools;’’. pore. Without objection, it is so or- needle exchange program. You may Page 16, line 3, strike ‘‘U.S. Soccer Foun- wonder why they stopped it. They said: dation, to be used’’ and insert: ‘‘Washington, dered. The amendment is as follows: The community has been inundated with D.C. Sports and Entertainment Commission drug dealers. Lawful businesses are being which in coordination with the U.S. Soccer (Purpose: to prohibit the use of local funds to carry out needle exchange programs in abandoned, and much needed law enforce- Foundation, shall use the funds’’. ment is being withheld by the police. Page 17, line 18, insert after ‘‘families’’ the the District of Columbia) following: ‘‘and children without parents, On page 57, strike beginning with line 24 Why would we want that to happen in due to the September 11, 2001 terrorist at- through page 58, line 7, and insert the fol- our Nation’s Capital? The U.S. Senate tacks on the District of Columbia,’’. lowing: could through this appropriations bill, S11508 CONGRESSIONAL RECORD — SENATE November 7, 2001 if this amendment is not adopted and their lives to illegal drug use. When the I ask my fellow Senators to join me the conference committee leaves it in, highest death rate from illegal drug in this effort and not give up on this allow the District of Columbia, our Na- use occurs in African American com- war on drugs as we take on another tion’s beloved capital, to use taxpayer munities, and when heroin and cocaine war—the war on terrorism. We owe it funds to buy clean needles for drug ad- are at some of their lowest prices in to our brave law enforcement officers dicts. However, prior experience with history, I maintain that we should not who have been fighting this war on these needle exchange programs not vote to encourage the government to drugs, with many of them risking their only fails to demonstrate positive re- give away the tools that enable people lives by infiltrating some of these drug sults among drug addicts, but it may to promote drug use and, therefore, networks, chasing drug dealers, paying actually result in negative results. harm themselves. Indeed, it is not just informants, doing undercover work, That is right, negative results. harming themselves. Drug use is the and surveillance. Our law enforcement Deaths resulting from drug overdoses key component in crime. officers have been fighting this war on have increased five times since 1988. Ask any prosecutor, law enforcement drugs, and now they are fighting daily According to a White House report, in officer, or, in fact, any judge who deals battles on many other fronts in the war 1997 15,973 people died from drug-in- with criminal cases, and you will find on terrorism. duced causes. That is 1,130 more people that the vast majority of criminal We also owe it to those struggling than in 1996. The highest death rate cases are related to drug use. Someone with drugs not to turn our Government from illegal use was among African may be under the influence of drugs into an enabler. Americans at 8.3 deaths per 100,000 peo- when they assault or rape someone, Finally, we owe it to our children to ple. and when they are breaking and enter- fight to ensure that they grow up and Additionally, according to Alco- ing, armed robberies, or other thefts live in a world as free from illegal holism and Drug Abuse Weekly, the and stealing of property to pay for that drugs as is possible. number of American teenagers using addiction. You will find, I maintain, I respectfully ask my colleagues to heroin has doubled in most recent that the vast majority of crimes are support my amendment, which sends years. Indeed, when one thinks of her- drug-related one way or the other. all the right messages, all the proper oin, you think of heroin being used by I believe that in a time when all of messages, not just for our District of folks in their late 20s and 30s. The big- these negative trends seem to be on the Columbia, which is in a time of crisis; gest increase in the use of heroin is rise that the endorsement or condoning but it sends the right message for all of among teenagers. In fact, the average of a needle exchange network by the America, and actually the right mes- age of heroin users nationally is now U.S. Senate sends the wrong message sage for all of the world which is now lower among teenagers. about our Government’s commitment watching our Nation’s Capital. That is very frightening. to fighting drugs and, thus, undermines Once again, I ask my colleagues to An AIDS Journal study indicated our efforts to prevent drug use and stand up for what is right in our Na- that Vancouver, the site of one of these eliminate the illegal drug trade. tion’s Capital, for all the people of needle exchange programs, now has the According to former President Clin- America, and those who are watching highest rate of heroin deaths in North ton’s drug czar, General Barry us. America. McCaffery: I thank the Chair. It seems to me that giving a drug ad- The problem is not dirty needles. The prob- The ACTING PRESIDENT pro tem- dict a clean needle is like giving an al- lem is heroin addiction. The focus should be pore. The Senator from Louisiana. coholic a clean flask. It just doesn’t on bringing help to the suffering population, Ms. LANDRIEU. Mr. President, I make any sense. not giving them more effective means to thank you for the recognition. Some would claim that needle ex- continue their addiction. One doesn’t want At this time I am prepared to yield a change programs prevent the spread of to facilitate this dreadful scourge on man- kind. few moments, 5 minutes, to the Sen- AIDS amongst intravenous drug users ator from Maryland for morning busi- and are, therefore, important in ad- We have a legal responsibility to keep these harmful networks from be- ness. dressing the AIDS problem. The ACTING PRESIDENT pro tem- coming a reality in the District of Co- The Clinton administration at- pore. The Senator from Maryland. lumbia. Allowing it in the District of tempted to lift the ongoing ban on Fed- Ms. MIKULSKI. Thank you very Columbia would send a very poor mes- eral funds for needle exchange pro- much. grams as a solution to reducing the sage to those ravaged by drug addic- Mr. President, I ask unanimous con- rate of HIV infection among intra- tion—that AIDS is a terrible disease sent I be allowed to speak for 5 minutes venous or IV drug users without in- that can be maintained, yet it is OK to as in morning business. creasing the use of drugs such as her- die from the effects of drug addiction. The ACTING PRESIDENT pro tem- oin. While clean needles do not con- Additionally, the Government would pore. Without objection, it is so or- tribute to the spread of HIV, there is be sending a weak message to those dered. scant evidence, scientific or anecdotal, who would want to make a profit from The Senator is recognized. that needle exchanges protect users. illegal drug trade: Drugs are illegal, (The remarks of Ms. MIKULSKI are A Montreal study published in the yet the United States Government con- printed in today’s RECORD under American Journal of Epidemiology in dones needle exchange networks which ‘‘Morning Business.’’) 1997 showed that addicts who used nee- issue identification cards that entitle Ms. MIKULSKI. Mr. President, I dle exchange programs were twice as users to carry drug paraphernalia with- thank the Senator from Louisiana for likely to become infected with HIV out interference from the law. being so gracious. than those who did not. Finally, it would send a dangerous The ACTING PRESIDENT pro tem- The New York Times magazine re- message to our youth. It seems to me pore. Who yields time? ported that one New York City pro- that we all know that drugs are harm- Ms. LANDRIEU. I yield, under the gram gave a single individual 60 sy- ful. We don’t want to send a message to unanimous consent agreement, to Sen- ringes, a pamphlet with instructions on our youngsters that the Federal Gov- ator DURBIN for a response to the Allen using them, and a identification card ernment supports providing needles amendment. that allows them to legally possess and syringes for drug delivery and bro- The ACTING PRESIDENT pro tem- drug paraphernalia. Indeed, drug ad- chures explaining the most efficient pore. The Senator from Illinois. dicts use these programs not only for means of injection. Mr. DURBIN. Mr. President, it is my fresh paraphernalia but also to net- It is imperative that the Senate understanding that under the unani- work among other drug addicts for stand strong against illegal drug use. mous consent agreement there were 30 fresh supplies of the drug itself. We must not allow Federal funds to go minutes allocated to each side. It may be more accurate to call the toward programs supplying individuals The ACTING PRESIDENT pro tem- drug needle exchange programs what already struggling with addiction with pore. Yes, and there are approximately they are: drug exchange networks. drug paraphernalia. We must not di- 18 minutes remaining on each side. We are at a time in history when rectly or indirectly endorse needle ex- Mr. DURBIN. Thank you very much, more Americans are ruining or losing change networks. Mr. President. November 7, 2001 CONGRESSIONAL RECORD — SENATE S11509 Ms. LANDRIEU. How much time does District of Columbia—it is more than a appropriations bill we said we want the the Senator need? Because there are suggestion—would be unable to spend D.C. government to report to us if two other Senators who would like to its own money on a needle exchange there is a higher incidence of crime speak. program. What does the Washington around areas with needle exchange pro- Mr. DURBIN. If I could ask for 15 Post think of that suggestion? They grams. It came back consistently and minutes. have asked this question, an important said no. Ms. LANDRIEU. How about 12 min- one: Has Congress nothing better to do I say to the Senator from Virginia, utes? at this point than to play mayor and they said no. The people, the cops on Mr. DURBIN. I will take 12. city council to the District of Colum- the beat, those who were asked to re- Ms. LANDRIEU. I thank the Senator bia? They go through the proposals port to Congress said no, there was not from Illinois. which we are going to consider here, an increase in crime or drug usage The ACTING PRESIDENT pro tem- proposals relative to needle exchange around these programs. pore. The Senator from Illinois is rec- and domestic partnership. Time and Let’s talk about the scientific com- ognized. again what you find is they are pro- munity for a moment. In addition to Mr. DURBIN. I thank the Chair. posals which don’t stand up. strong support from political officials, Unfortunately, because my time has The current DC appropriations bill the potential for needle exchange pro- been reduced, I am going to have to re- would allow the District to finance the grams to halt the spread of HIV/AIDS duce the time I was going to use to needle exchange program only through and encourage substance abusers to praise the chair of the subcommittee its own funds. There would be no Fed- enter treatment is scientifically prov- for her work on this bill. But I do want eral funds involved. That has been the en. The Surgeon General of the United to make a point of saying this: I have rule for years. What Senator ALLEN States, David Satcher, stated: served on this subcommittee. This is says in his amendment is, no, you can’t There is conclusive scientific evidence that not an easy assignment. I congratulate even use your own funds for that pur- syringe exchange programs as part of a com- Senators LANDRIEU and DEWINE for pose. prehensive HIV prevention strategy are an bringing forth an excellent bill. It is a Why should we keep our hands off effective public health intervention that re- bill which is a challenge every single this decision? Let me tell the Senate duces the transmission of HIV and does not year. about this beautiful Nation’s Capital in encourage the illegal use of drugs. Why is this bill a challenge? Because which I have had the privilege of being This is the Surgeon General of the every Member of the Congress who ever a student and a Congressman and a United States. He is not an elected offi- wanted to be mayor of a town gets the Senator for so many years of my life. cial. He has never put his name on a chance to be ‘‘mayor for a day’’ on the This beautiful city has massive prob- ballot that I know of, but he has spent DC appropriations bill. Senators from lems. One of the biggest problems is a his lifetime in public health and medi- some of the largest States in the Na- public health problem we cannot over- cine. He says the amendment offered tion can’t wait to make decisions that state. The AIDS rate, the rate of infec- by the Senator from Virginia is just are ordinarily made by mayors and tion of AIDS in Washington, DC, is the plain wrong. members of city councils. They get to highest in the Nation. It is nine times If that amendment prevails, we will be ‘‘aldermen for a day.’’ They get to the national average. For us to say we increase the likelihood of HIV and rule a city for a day. It is such a tempt- are going to impose our political opin- AIDS in the District of Columbia; we ing opportunity. And the fact that we ion on how to deal with the AIDS crisis will increase the likelihood of more put only 10 percent of the money, in the worst suffering city in America drug usage. How can we in good con- through Congress, into the District of is just wrong. science consider such a measure? How Columbia does not hold them back. Individuals become infected in the can we turn our back on the over- They don’t want to merely control the District of Columbia with AIDS and whelming scientific and medical evi- money that Congress puts in the Dis- HIV primarily through the sharing of dence against the Allen amendment? trict of Columbia, they want to control contaminated needles for intravenous To ignore that is to ignore any warning all the money in the District of Colum- drug usage. More than a third of the we receive. bia. You would think they were having AIDS cases nationwide are related to Do my colleagues recall during the a major election here and they were injection drug use. These statistics are Reagan administration President elected mayor of the District of Colum- most dramatic among women, where Reagan faced the onset of the AIDS bia because they want to make all the three out of four women diagnosed epidemic and thank goodness Dr. Koop, decision. with AIDS injected drugs themselves his Surgeon General, had the courage Frankly, that is wrong. It is wrong or became infected through a partner to stand up and say: Don’t politicize an and irresponsible. If you believe in who was an injection drug user. epidemic. We will deal with it in hon- home rule, if you believe in the appro- I refer to this statistic about the Dis- est medical terms. Thank goodness Dr. priate delegation of authority to the trict of Columbia: Over half of the chil- Koop said that and sent notices out to level closest to the voters, why in the dren born with HIV have a parent en- every home in America so they under- world would a Senator from any State gaged in substance abuse. Our vote this stood the seriousness of this public in the United States want to impose morning will decide whether or not we health challenge. It would have been so his or her judgment on this city, our take away the authority of the District easy for this to be politicized. It would Nation’s Capital? And they do, year in of Columbia to deal with a public have been so easy for someone to take and year out. health crisis that is the worst in the advantage of it. President Reagan and I thank the Senator from Louisiana Nation. We are imposing our political Dr. Koop wouldn’t allow that. for really fighting back the temptation view on the best medical judgment in Dr. Koop supports needle exchange to put in all these riders and all these America of how to deal with an epi- programs—Dr. Koop, the former Sur- ideas, all these ordinances that Mem- demic. We wouldn’t accept that if the geon General under a Republican Presi- bers of Congress want to put on the epidemic related to bioterrorism. We dent. District of Columbia. I say thank you wouldn’t let the Governors and mayors The Institute of Medicine in Wash- to the Senator from Louisiana. make medical decisions. We would ington, DC, said access to sterile sy- But the proposal we have before us stand up for what is right scientifically ringes is one of the four unrealized op- today is one of the worst. It is a pro- and medically. portunities in HIV prevention. The Na- posal where we say to the District of Both the District of Columbia mayor, tional Research Council and the Insti- Columbia: You cannot use your money, Anthony Williams, and the police chief tute of Medicine indicated that needle your taxpayers’ dollars, on a public support the use of local funds to fi- exchange programs have the potential health program that you endorsed to nance needle exchange programs in to reduce risk behaviors associated deal with a major public health crisis Washington, DC. The arguments that with HIV by 80 percent and HIV trans- in the District of Columbia. these programs are creating and fo- mission by 30 percent. With his amendment, the Senator menting crime, encouraging drug use, When I start to list the organizations from Virginia has suggested that the fall flat on their face. Last year in this that oppose the Allen amendment, that S11510 CONGRESSIONAL RECORD — SENATE November 7, 2001 say it is just plain wrong scientifically HIV testing on the site, and more than Let me close with this statement and medically, we will have some un- a quarter are screened for hepatitis B from the Surgeon General because this derstanding of why this is the wrong and C. All seven of the needle exchange says it all: thing to vote for. programs in my home State of Illinois In summary, the new studies contribute First, those opposing the Allen offer referrals to treatment informa- substantially to the strength of the data amendment: The American Medical As- tion about HIV prevention. showing the following effects of effective sy- sociation, the American Academy of I have voted for some of the toughest ringe exchange programs: A decrease in new Pediatrics, the American Foundation penalties in the law when it comes to HIV sero conversions; an increase in the for AIDS Research, the American drug usage. I have joined with those numbers of injection drug users referred to Nurses Association, the American who say we have to make it clear that and retained in substance abuse treatment and well-documented opportunities for mul- Pharmaceutical Association, the this is wrong; it not only kills you, but tiple prevention services and referral and American Public Health Association. it threatens America in so many ways. entry into medical care. The data indicate The list goes on and on and on. Every I think these harsh punishments have that the presence of a syringe exchange pro- major credible public health organiza- worked in some cases; they have not gram does not increase the use of illegal tion that has been asked to comment worked in others. There are some peo- drugs among participants in the syringe ex- on needle exchange programs has con- ple for whom even the harshest punish- change programs. cluded they are an effective way to ment in the world is not enough. They That is the Surgeon General speak- fight drug usage and the spread of HIV need a helping hand, someone who will ing on the basis of facts and real statis- and AIDS. reach out to them and say, please, test tics. I beg the Senate not to play Let me draw the attention of the yourself for HIV, consider this program mayor and council for a day at the ex- Senate to this chart. This is a map of for rehab. pense of an HIV/AIDS epidemic in the the United States showing the States The amendment offered by the Sen- Nation’s Capital. Stand with the AMA that are currently involved with needle ator from Virginia will stop the Na- and the Surgeon General for the sound exchange programs. Keep in mind, all tion’s Capital, a city that is rocked and prudent medical judgment to let of these 31 States have decided this is with the HIV/AIDS epidemic, from those programs continue in the Dis- a good way to fight drug usage and fighting it. This amendment turns its trict of Columbia using their own HIV/AIDS. Are we passing a law ban- back on the scientific and medical evi- funds. ning States around the country such as dence which we gather across America I yield the floor. Maryland from having a needle ex- in terms of how these programs help us The ACTING PRESIDENT pro tem- change program, or Illinois? No. Only to fight drugs, how they help us to pore. The Senator from Nevada is rec- the District of Columbia, where Sen- fight crime, fight dependency, and ognized. ators and Congressmen get to play fight addiction, why 31 different Mr. REID. I ask that the time I con- mayor for a day. That is unfair. Look States, including the State of Utah and sume not be charged against either of at these States all across America: the State of Louisiana, have similar the managers. Florida, Georgia, North Carolina, Ten- programs. The ACTING PRESIDENT pro tem- nessee, Louisiana, Texas, the Presi- The ACTING PRESIDENT pro tem- pore. Without objection, it is so or- dent’s home State, all with needle ex- pore. The Senator’s 12 minutes have ex- dered. change programs. pired. If this is such a scourge on America, Mr. DURBIN. I ask for 2 additional as the Senator from Virginia suggests, minutes. f why hasn’t he offered an amendment to Ms. LANDRIEU. I yield 2 additional ban these programs nationwide? Be- minutes to the Senator. AVIATION SECURITY ACT cause, frankly, it is not Congress’s Mr. DURBIN. The Senator from Vir- Mr. REID. Mr. President, I ask the business to do so. Secondly, it is just ginia said at one point that this is a Chair lay before the Senate a message plain wrong from a public health point program that harms its participants. I from the House of Representatives on of view. say to the Senator that the American the bill (S. 1447). We know in these States that these Medical Association disagrees with The PRESIDING OFFICER laid be- programs bring people who are cur- him. The American Public Health As- fore the Senate the following message rently addicted into the presence of sociation disagrees with him. Law en- from the House of Representatives. those who will give them the clean and forcement in the District of Columbia Resolved, That the House insist upon its safe needles, but also much more. They disagrees with him, and the Surgeon amendment to the bill (S. 1447) entitled ‘‘An will connect up with them to try to General of the United States disagrees Act to improve aviation security, and for help them end their drug usage. People with him as well. other purposes’’, and ask a conference with living and lurking in the shadows and When we consider what we are up the Senate on the disagreeing votes of the alleys of America as IV drug users against, the Senator says we have to two Houses thereon. using contaminated needles are not make sure we send the right message. Ordered, That Mr. Young of Alaska, Mr. going to end their addiction, they are The fact that we can come to the floor Petri, Mr. Duncan, Mr. Mica, Mr. Ehlers, Mr. going to unfortunately continue it. and make a political judgment to take Oberstar, Mr. Lipinski, and Mr. DeFazio, be They are going to give birth to chil- away one of the tools and weapons to the managers of the conference on the part of the House. dren who will also suffer from HIV and fight for good public health and to AIDS as a result of it. fight HIV/AIDS is the wrong message. Mr. REID. Mr. President, I ask unan- Ninety-five percent of the programs What are we going to do next? Are we imous consent that the Senate disagree refer clients to substance abuse treat- going to decide that Congress is going to the House amendment, agree to the ment and counseling programs—95 per- to make decisions about the threat of request for a conference on the dis- cent of those needle exchange programs anthrax and not the public health com- agreeing votes of the two Houses and do make the referrals. You are going to munity, that it is a political decision that the Chair be authorized to appoint cut off this opportunity to reach out to not a medical decision? I hope not. conferees on the part of the Senate, a drug addict and say, please, we know Whether we are fighting AIDS or an- with no intervening action. that you are addicted, but here is your thrax, whether we are fighting drug ad- The ACTING PRESIDENT pro tem- chance to shake this addiction, to diction or other problems facing us in pore. Is there objection? change your life. Why would we walk America on the medical scene, for Without objection, it is so ordered. away from that? Why in the Nation’s goodness sakes, let us have the humil- The Chair appointed Mr. HOLLINGS, Capital would we walk away from it, ity as Members of the Senate and the Mr. INOUYE, Mr. ROCKEFELLER, Mr. where the HIV and AIDS infection is House to defer to the experts in the KERRY, Mr. BREAUX, Mr. DORGAN, Mr. the worst in America? field. Let us not be swept away with WYDEN, Mr. MCCAIN, Mr. STEVENS, Mr. Over half of the people who come to the thought that by passing this BURNS, Mr. LOTT, Mrs. HUTCHISON, and these needle exchange programs realize amendment we are stating something Ms. SNOWE, conferees on the part of the they have an opportunity for voluntary that is politically strong. Senate. November 7, 2001 CONGRESSIONAL RECORD — SENATE S11511 THE DISTRICT OF COLUMBIA AP- the city and found that the program re- Mrs. CARNAHAN. Mr. President, the PROPRIATIONS ACT, 2002—Contin- duced infections by two-thirds—a very Senate is currently considering the fis- ued substantial program. The study found cal year 2002 District of Columbia Ap- AMENDMENT NO. 2107 that injection drug use did not increase propriations bill. I would like to recog- The ACTING PRESIDENT pro tem- at all in the city at the same time. nize Senators LANDRIEU and DEWINE pore. The Senator from Nevada is rec- Similarly, a 1997 study by the National for their strong leadership in moving ognized. Institutes of Health concluded that this important bill through committee. Mr. REID. The Senator from Lou- needle exchange programs reduced HIV The District of Columbia shares a isiana, the manager of this bill, needs 4 by at least 30 percent and reduced risk unique relationship with the Federal extra minutes. I ask unanimous con- behaviors among drug injecting drug Government. It is the only locality in sent that she be given 4 extra minutes users. the country whose budget intersects so In fact, needle exchange programs and that Senator DEWINE be given 4 directly with Congress. Congress is extra minutes in relation to this serve as an effective link to drug treat- charged with approving both the Fed- amendment. ment programs. So you get a double- eral and local budget for the District. The ACTING PRESIDENT pro tem- edged benefit; not only do you limit Consequently, the city cannot move pore. Without objection, it is so or- the spread of HIV/AIDS, but you intro- forward with its own new budget until dered. duce people to drug treatment pro- the Congress finishes its work and ap- The Senator from Louisiana is recog- grams. proves the bill. I encourage the Senate nized. According to the recent CDC Mor- to approve this bill as quickly as pos- Ms. LANDRIEU. Mr. President, I bidity and Mortality Weekly Report, 95 sible. yield 2 minutes to the Senator from percent of needle exchange programs Several amendments may be offered New Jersey. refer clients to substance abuse treat- to this bill that impose Federal restric- The ACTING PRESIDENT pro tem- ment. Last year, the Surgeon General tions on how the District of Columbia pore. The Senator from New Jersey is found that needle exchange not only spends the money that it collects in recognized. reduces HIV transmission but many local taxes. The District of Columbia is Mr. CORZINE. Mr. President, I rise may also reduce injection drug use for fortunate to have such an able leader to voice my very strong support for the these people who are in the programs. in Mayor Anthony Williams. This past District of Columbia’s efforts to cut Reference to drug treatment programs year, the mayor, along with the city HIV/AIDS transmission through its is a good thing. That is how we reduce council, have put together a budget for needle exchange program and strongly this scourge in our country. the city that reflects its own priorities Mr. President, the District of Colum- oppose the Allen amendment. First, I that meet local needs. I do not intend bia and communities nationwide are compliment the leadership of the to support amendments to this bill facing a two-pronged public health cri- chairwoman, the distinguished Senator that impose restrictions on how the sis of injection drug use and a per- from Louisiana, for her efforts in mak- District spends it money. sistent and growing HIV/AIDS epi- ing sure that democracy works in the I would not want Congress telling St. demic. As many as half of all HIV in- District of Columbia, that we leave to Louis or Kansas City how to spend fections are caused by the sharing of the local folks home rule regarding their local tax dollars. The same stand- those matters we leave to home rule all HIV-contaminated injection tools. I conclude by saying this is an impor- ard should be applied to the District of across this country. I can only argue tant program that needs the Senate Columbia. The District of Columbia is that the District of Columbia should be support. We can do a lot to make a big our Nation’s Capital and an inter- able to use its own funds as it sees fit, difference in our communities. national symbol of democracy. The the same as do other localities in the I thank the Chair. Congress should honor the unique sta- country. Mr. KENNEDY. Mr. President, more tus of this city by allowing the District Let me start with the bottom line on than 40,000 people a year become in- to make its own decisions on how taxes the fundamental issue. Needle ex- fected with HIV, the virus that causes raised from its own citizens should be change programs work and they save AIDS. Half of all new HIV infections in spent. lives. Facts speak for themselves. The the United States occur among drug The ACTING PRESIDENT pro tem- Senator from Illinois was very articu- users. pore. The Senator from Louisiana. late in bringing out a lot of them. I In addition, approximately 4 million Ms. LANDRIEU. Mr. President, I ask will go over a little more of that. There Americans have been infected with the for the yeas and nays. are over 130 needle exchange programs hepatitis C virus. Injection drug use is The ACTING PRESIDENT pro tem- operating in the Nation, in 80 cities responsible for at least 60 percent of pore. Is there a sufficient second? and 31 States. They work. These pro- those infections. There is a sufficient second. grams, like the District of Columbia’s Numerous authorities, including the The yeas and nays were ordered. programs, are supported at the local National Academy of Sciences, the The ACTING PRESIDENT pro tem- level by people who want to attack this Surgeon General, the Centers for Dis- pore. Who yields time? scourge of drug addiction and HIV/ ease Control and Prevention, the Ms. LANDRIEU. I yield time to the AIDS in our communities. They are American Medical Association, the Senator from Rhode Island. supported by States and a huge amount Academy of Pediatrics, and the Amer- The ACTING PRESIDENT pro tem- of private funds in the country. Again, ican Public Health Association have pore. The Senator from Rhode Island. the simple reason is that they work. concluded that needle-exchange pro- Mr. REED. Mr. President, I strongly Countless government and private grams reduce the transmission of HIV support Chairman LANDRIEU’s inten- scientific studies have proved the effec- and hepatitis C without encouraging tion in the District of Columbia fiscal tiveness of the needle exchange pro- the illegal use of drugs. year 2002 appropriations bill to allow grams. They limit the spread of HIV/ It is indefensible for Congress to tell the city to use its own funds to support AIDS. Fact. They do that without any the citizens of the District of Columbia a needle exchange program in the city, sense or any kind of objective evidence that they cannot spend their own and I oppose Senator ALLEN’s amend- that they do anything to spread drug money on programs that stop the ment to restrict the use of those funds. use. The Centers for Disease Control, spread of fatal, infectious diseases. It is The current ban on the use of Federal the University of California, and the irresponsible for members of Congress funds for this program remains intact U.S. General Accounting Office, among to oppose a locally funded program on in the legislation before us. a whole host of others, have shown that the ground that it encourages illegal This issue truly is about the ability these programs substantially reduce drug use, when every major health or- of an independent jurisdiction to use the transmission of HIV/AIDS without ganization in the United States says its locally raised revenue to support a encouraging drug use. that the opposite is true. program that its elected officials have I want to give an example. Beth People’s lives are at stake. I urge my deemed appropriate. Israel Medical Center in New York colleagues to oppose the Allen amend- In my own State of Rhode Island, for studied needle exchange programs in ment. example, a needle exchange program S11512 CONGRESSIONAL RECORD — SENATE November 7, 2001 called ENCORE has existed in the city To reiterate, I commend the leader- I yield the floor. of Providence since 1995, supported by ship of Senator LANDRIEU from Lou- The ACTING PRESIDENT pro tem- local funds. This has been, and con- isiana. Her position and the position of pore. Who yields time? tinues to be, a very successful program. the committee is that the District of The Senator from Louisiana. Many of the other programs in the 34 Columbia should be allowed to spend Ms. LANDRIEU. Mr. President, our States that currently have either its own money on a needle exchange side rests its case. I believe our speak- state-funded or city-funded needle ex- program. This is a program that has ers have concluded. Senator DURBIN change programs also have been suc- been embraced in 34 States and over 100 and I have some closing remarks, and I cessful in decreasing the spread of HIV/ cities. One of those cities is Provi- have some things to submit for the AIDS. dence, RI. Providence has Operation RECORD. I understand the Senator from There are currently well over 100 dif- ENCORE in which they provide a nee- Virginia may have some time remain- ferent needle exchange programs dle exchange together with education, ing on his side. I understand from the around the country working to effect counseling, and drug rehabilitation re- leader he would like to get to this vote this positive change. ferrals. The program works. as soon as possible. I inquire of the The ENCORE program in Rhode Is- I come today with facts, with suc- Senator from Virginia what his inten- land has enrolled over 1,500 clients and cess, to argue that the District of Co- tions are and how much time he in- provides education, counseling, access lumbia should be allowed to use its tends to use. to sterile syringes, and referrals to sub- own money to replicate successful pro- The ACTING PRESIDENT pro tem- stance abuse treatment programs. Fol- grams in other urban areas. They have pore. The Senator from Virginia. lowup studies and date continue to a huge problem with AIDS in their Mr. ALLEN. Mr. President, I say to show that participants in this program community. This is a sensible, proven the Senator from Louisiana, I have a have substantially reduced their risk way to help people avoid the scourge of few minutes, no more than 3 or 4, behaviors. infection with AIDS, and we should maybe 5 at most, of concluding re- However, the HIV/AIDS epidemic support it, not try to deny them this marks. The others on our side who continues to be very serious in my opportunity. wanted to speak are elsewhere, and the State, particularly as individuals with It is no surprise, based on the experi- vote will get them back here. the disease are able to live longer and ence of Providence, which is, at this Ms. LANDRIEU. Mr. President, I ask therefore constitute a greater percent- point, enrolling over 1,500 individuals unanimous consent that the Senator age of the State population. That is successfully, that this program has from Virginia have 5 minutes and that why the State of Rhode Island con- been heralded by the Surgeon General we have 2 minutes for closing remarks, tinues to look for new methods to deal as a great success. In his words, in and then we will be ready to vote. with the spread of this disease, and March of 2000: The ACTING PRESIDENT pro tem- why programs like ENCORE are so im- There is conclusive scientific evidence that pore. Is there objection? portant. syringe exchange programs, as part of a com- The Senator from Nevada. The Surgeon General echoed this re- prehensive HIV prevention strategy, are an Mr. REID. Mr. President, I certainly port in one of his own studies in March effective public health intervention that re- have no objection to the request. We 2000, stating that ‘‘there is conclusive duces transmission of HIV and does not en- have a number of Senators who have scientific evidence that syringe ex- courage the illegal use of drugs. inquired as to when the vote will occur. change programs, as part of a com- ‘‘Conclusive scientific evidence,’’ and I wonder if the two Senators can agree prehensive HIV prevention strategy, today we are here to try to refute con- we can have the vote at 11:15 a.m. are an effective public health interven- clusive scientific evidence, which is at Mr. ALLEN. Agreed. tion that reduces transmission of HIV the heart of the proposal to strike this Ms. LANDRIEU. Agreed. and does not encourage the illegal use provision, and also to override the Mr. REID. I pose that, Mr. President, of drugs.’’ That has been the case in judgment of local authorities which is as a unanimous consent request. my own State, and that will be the commonplace throughout this country The ACTING PRESIDENT pro tem- case if we allow the District of Colum- in the over 100 municipalities that are pore. Without objection, it is so or- bia to take a similar approach with its running a program such as this. dered. own funds. If we want to rely upon science and The Senator from Louisiana had re- The District of Columbia has the also on the authority of localities to quested in her unanimous consent re- highest rate of HIV and AIDS in the use their local funds as they wish, we quest that the Senator from Virginia country, and therefore desperately have to reject this Allen amendment have 5 minutes and that she have 2 needs the ability to tackle this prob- and we have to support the position of minutes. lem in its own way. Unfortunately, the the committee. Mr. REID. There will be time left city has been prevented from using its This position that drug programs fea- over. That sounds great to me. own locally raised revenue to deal with turing needle exchanges are effective is The ACTING PRESIDENT pro tem- this issue since 1999 in this appropria- supported by a host of organizations: pore. The Senator from Virginia. tions bill. The American Medical Association, the Mr. ALLEN. I thank the Chair. In addition, in last year’s D.C. appro- American Nurses Association, the Mr. President, in conclusion, as Sen- priations bill, even private funds were American Public Health Association, ators are getting ready to vote on this prevented from being used to support a the American Academy of Pediatrics, amendment, my amendment actually program. and the U.S. Conference of Mayors. It keeps the policies the way they have Today we have an opportunity in the is clearly supported by the mayor of been in prior administrations. I cited bill before us to change this attitude the District of Columbia, Mayor Wil- General McCaffrey who was the drug and allow the city to enact a targeted liams, and the police chief. czar under President Clinton. General and aggressive program to attempt to Those with the most interest in this McCaffrey stated the problem is not eradicate this deadly disease from a program, with the most at risk, the clean needles, the problem is drug ad- vulnerable population. most at stake, are asking us to give diction. Several important public health or- them the chance to use their resources One thing that has arisen a great ganizations support this move, includ- to provide for a needle exchange pro- deal in this debate is not the message ing the American Medical Association, gram to reduce the transmission of we are sending, although I think it is the American Nurses Association, the AIDS and, as the Surgeon General the wrong message if we actually say American Public Health Association, pointed out, in no way will this encour- we are going to use taxpayer funds in the American Academy of Pediatrics, age the illegal use of drugs. I cannot the District of Columbia to give drug and the U.S. Conference of Mayors, as think of a more sensible position to users, drug addicts, clean needles and well D.C. Mayor Anthony Williams and support. syringes. The evidence is clearly mixed D.C. Police Chief Charles Ramsey. It is I urge my colleagues to reject the on it. We can get evidence, I suppose, imperative that we add our support to Allen amendment and support Chair- from those who are drug addicts. I this effort as well. man LANDRIEU’S position. would not consider them the most November 7, 2001 CONGRESSIONAL RECORD — SENATE S11513 credible witnesses under any cross-ex- usual force and clarity in outlining AMERICAN PUBLIC HEALTH ASSOCIATION, amination. Indeed both sides cite stud- many good arguments supporting the Washington, DC, September 25, 2001. ies. Whether it is a study in New York tabling of the Allen amendment. Hon. ROBERT BYRD, or Vancouver or various other studies, Chairman, Senate Committee on Appropriations, I ask unanimous consent to have Washington, DC. these needle exchange networks only printed in the RECORD letters from the DEAR CHAIRMAN BYRD: The American Pub- create networks for drug users to ex- American Public Health Association, lic Health Association (APHA), consisting of change information and drugs and have the District of Columbia Housing Au- more than 50,000 public health professionals no positive impact whatsoever on drug dedicated to advancing the nation’s health, thority, the nonprofit organization use nor do they have an impact on strongly urges you to oppose any amend- called Prevention Works, as well as the stopping HIV transmission. ment to the FY 02 District of Columbia Ap- Of course, I do think AIDS and HIV Whitman-Walker Clinic, Inc. propriations bill that would place further re- strictions on the District’s needle exchange ought to be addressed, but, as General There being no objection, the letters programs. While APHA opposes any provi- McCaffrey states, the way of doing it is were ordered to be printed in the sion to ban the use of federal, local or pri- not to encourage and facilitate drug RECORD, as follows: vate money to fund needle exchange pro- delivery devices that are cleaner than DISTRICT OF COLUMBIA grams, we are encouraged that the House Ap- one would ordinarily use. HOUSING AUTHORITY, propriations Committee did not include last The main argument, though, is a ju- Washington, DC, June 5, 2001. year’s extraordinarily burdensome restric- risdictional one. I have the same gen- Hon. TED STEVENS, tions on the operation of needle exchange eral sentiments as the Senator from Il- Chairman, Senate Appropriations Committee, programs in the District. We urge your Com- U.S. Senate, Washington, DC. mittee to follow the House Committee’s lead linois when we are talking about local and at a minimum, oppose last year’s oper- control. I really do not like it. Notice Hon. C.W. BILL YOUNG, ational restrictions. Virginia, of course, is not one of the Chairman, House Appropriations Committee, Since 1994, APHA has advocated for the de- States that allows needle exchange. I House of Representatives, Washington, DC. velopment, implementation, evaluation, and am one who generally, as a matter of DEAR CHAIRMEN YOUNG AND STEVENS: As funding of needle exchange programs to help philosophy, trust the people in the required by Section 150(b) of the District of prevent HIV infection. All APHA public pol- States. I believe the 10th amendment is Columbia Appropriations Act for Fiscal Year icy is passed by the Association Governing 2001 (Public Law 106–522), the District of Co- Council and is required to meet strict sci- very important as a part of our Bill of entific criteria. APHA policy on needle ex- Rights granting to the people in the lumbia Housing Authority Police Depart- ment (DCHAPD) submits to the House and change is no different—an enormous body of States those rights that are not specifi- Senate Committees on Appropriations its re- published research, including more than cally granted to the Federal Govern- port on illegal drug activity at or near any seven federally sponsored reports, dem- ment. But this is an issue that has to public housing site where a needle exchange onstrates that needle exchange programs re- do with the District of Columbia. program is conducted. duce the spread of HIV while not increasing The District of Columbia is under the drug use by program participants or others During the reporting period from January purview and oversight of the Congress in the community where the program is con- 1, 2001, to May 31, 2001, Prevention Works ducted. These findings are also reflected in a because it is the seat of Government. was the only organization administering a March 2000 report released by Surgeon Gen- The part of the District of Columbia needle exchange program near a public hous- eral David Satcher reviewing all of the sci- that remains is that which was ceded ing development. Distribution locations were entific research on needle exchange pro- for the seat of Government by the at 15th and Ives Streets, SE, which is near grams completed since 1998. State of Maryland. Virginia also grant- Hopkins Apartments located at 1430 L The current epidemiology of HIV/AIDS is ed some land, which is now Arlington Street, SE; Central and Southern Avenues clear—women and children are affected dis- County. It was not necessary, and it SE, which is near East Capitol Dwellings lo- proportionately by heterosexual HIV infec- was retro-ceded to Virginia. cated at 5725 East Capitol Street, SE; and tion associated either directly or indirectly 21st and H Streets NE, which is near with transmission from injectable drug Just to show how Congress recognizes users. These new cases of HIV/AIDS that are its special role in oversight as far as Langston Terrace located at 21st and Benning Road, NE. During this period, there linked to injectable drug use largely can be the District is concerned, both the were no needle exchange distribution sites in prevented through the provision of sterile House and the Senate have authorizing operation directly on public housing prop- needles to drug users coupled with other pub- subcommittees specifically to address erties. lic health tools including health education the needs of the District. There is no and condom distribution. During the reporting period, we monitored Needle exchange programs increase the Chicago committee or Kansas City each of the areas where the needle exchange committee or Oklahoma City com- contact that health professionals have with van operated near a public housing site so as injectable drug users, thereby increasing op- mittee or Los Angeles committee in not to impact the behavior of needle ex- portunities to conduct health education and the House nor a subcommittee on change clients. Based on our observations, disease prevention activities, including drug them. the maximum amount of time that the van treatment and counseling. The efficacy of To argue this is a States rights issue remained at any one site was approximately these programs is proven—placing further re- or 10th amendment issue negates and 90 minutes. The activity in and around the strictions on funding and operations threat- clouds the reality that we have a re- van did not cause any disturbances. People en the District’s efforts to reach those indi- sponsibility in the Senate to have over- visiting the van were there long enough to viduals most at risk of HIV infection. Public sight over the laws and the activities, receive their supplies and usually left the health and saving lives must take precedence over politics. Your opposition to any further the safety and the conduct in the Dis- area immediately. There was also no evi- dence that the presence of the needle ex- restrictions on these important public health trict of Columbia. change van led to increased crime. It should programs is critical. It is my view that it would be the be understood that the needle exchange Thank you for your consideration of our wise and prudent course of conduct to ‘‘sites’’ are not permanent sites, but rather views and your attention to this critical pub- not have the Senate in any way con- stops on a weekly schedule of van routes. It lic health matter. done granting free needles, or free sy- should also be noted that in addition to the Sincerely, ringes to those who are engaged in and, exchange of needles, the Prevention Works MOHAMMAD N. AKHTER, MD, MPH, in fact, are illegal drug addicts. I hope van provides free food and coffee to anyone Executive Director. my colleagues in the Senate will stand approaching the van. During the reporting period, we received no resident complaints or WHITMAN-WALKER CLINIC INC, for that principle for the District of Co- Washington, DC, September 3, 2001. lumbia, which is looked upon as not concerns regarding the operation of the nee- dle exchange program near the three public Hon. MARY L. LANDRIEU, only our Nation’s Capital but also the housing developments. Chair, Committee on Appropriations, Sub- home of our legislative body, and of committee on the District of Columbia, U.S. freedom of our representative democ- The DCHAPD will continue to monitor all Senate, Washington, DC. disbursement sites located near our public DEAR SENATOR LANDRIEU: As Executive Di- racy by people all over the world. housing developments and report accord- I thank the Chair. I yield back my rector of the Whitman-Walker Clinic, the ingly. If you have need for further informa- largest HIV/AIDS service provider in the time. tion, please feel free to call DCHAPD, Chief Washington, D.C. metropolitan area, I again The PRESIDING OFFICER (Mr. Madison Jenkins, Jr., at (202) 535–2588. urge you not to include language in this REED). The Senator from Louisiana. Sincerely, year’s DC Appropriations bill that would re- Ms. LANDRIEU. Mr. President, I MICHAEL KELLY, strict the District’s ability to prevent the thank the Senator from Illinois for his Executive Director. spread of HIV/AIDS. S11514 CONGRESSIONAL RECORD — SENATE November 7, 2001

In previous years, the Congress has added a PREVENTION WORKS, chance of effectively achieving these feder- series of overly restrictive prohibitions on Washington, DC, July 23, 2001. ally defined objectives. In addition, because the District’s AIDS prevention needle ex- Hon. MARY LANDRIEU, of new performance-based funding guide- change program. This year, under your lead- Chair, Committee on Appropriations, Sub- lines, the ban on local funding for needle ex- ership, we hope that you will respect the de- committee on the District of Columbia, U.S. change places future District funding in even cisions and policies of the District’s elected Senate, Washington, DC. more jeopardy. officials and not include such provisions in DEAR SENATOR LANDRIEU: I am writing as The federally imposed restrictions on nee- the Executive Director of Prevention Works, the bill. Further, we ask that you oppose any dle exchange do not improve the health of the needle exchange program in the District efforts to add such restrictions by others any District resident. They merely limit ef- of Columbia. Our mission is to curb the fective outreach and prevention of deadly during consideration of the D.C. appropria- spread of HIV, hepatitis, and other blood- disease among the city’s most vulnerable tions bill. borne diseases among drug users, their sex- residents. Sadly, the District of Columbia has one of ual partners, and newborn children. The Dis- Sincerely, the highest rates of HIV/AIDS in the nation. trict has an AIDS rate over 10 times the na- PAOLA BARAHONA, MPH, As of December 31, 2000, more than 13,000 peo- tional average. According to Health Depart- Executive Director. ple had been diagnosed with AIDS, and more ment statistics, 36% of people living with Ms. LANDRIEU. Again, I ask the than 6,600 people were living with AIDS in AIDS here have been injection drug users. In addition, almost a third (31%) of the cases Senator from Illinois for any closing the District. Approximately, one-third of all remarks he might add. AIDS cases in the District are attributed to attributed to heterosexual contact involved intravenous drug use. It is estimated that 1 sex with a drug injector. Our outreach and Mr. DURBIN. Mr. President, how in 20 adults is HIV positive. education are crucial to the health of our en- much time do I have remaining? tire community. The PRESIDING OFFICER. One The spread of HIV can be prevented, and Elected officials in the District are aware minute and 10 seconds. one scientifically proven way to do so is of the AIDS pandemic here and its connec- Mr. DURBIN. I thank all those who through needle exchange programs. Accord- tion to drug use. That is why they funded the ing to the Centers for Disease Control and needle exchange program from 1996 to 1998. have joined me on this side, including Prevention, the number of these programs is Since October 1998 Congress has prohibited the Senator from Rhode Island and the increasing, with 131 needle exchange pro- the District from using logically raised pub- Senator from New Jersey. grams across the country in at least 81 cities lic funds to support needle exchange. This The District of Columbia is facing and 31 states, plus the District of Columbia. lack of public funding has had dramatic ef- the worst HIV/AIDS epidemic in Amer- Four of these programs are conducted in the fects on our program and on our community, ica, nine times worse than the national State of Michigan, with two in Detroit, one as has this year’s Congressionally-mandated average. The medical community and in Grand Rapids, and one in Kalamazoo. Al- relocation of all exchange sites to a limited the law enforcement community of this most 40 percent of all needle exchange pro- area of the city. Program Instability: Prevention Works city have asked us to give them the grams receive public funding. The good news tools and weapons to fight this epi- is that recent data presented at the 2001 Na- cannot guarantee the same level of services each month because of insecure private fund- demic. tional HIV Prevention Conference shows ing. that programs are having an affect in de- The needle exchange program has Service Reliability Impaired: Having to proven successful in fighting this epi- creasing new transmissions. Moreover, ex- move our exchange sites has resulted in a di- haustive scientific studies have all concluded demic. That is why we have to defeat minished client base because clients can not the Allen amendment. To do otherwise that needle exchange programs reduce HIV find the program. The change appears arbi- infection and do not increase drug use. trary to clients, and because sites no longer is to ignore the American Medical As- Needle exchange programs are supported conform to patterns of high drug activity, sociation and every major public by the American Medical Association, the many clients have been lost and may never health group that has told us that nee- National Academy of Sciences, the American reaccess services. dle exchange programs work. To reject Academy of Pediatrics, the American Bar Program Services and Refferals Com- the medical and scientific evidence and Association, and the U.S. Conference of May- promised: Having to monitor Congressional to take away this weapon against the ors, among others. Even the recent United activity and pursue smaller and more numer- war on drugs and the war on HIV and ous private funding streams means that val- Nations Declaration of Commitment on HIV/ uable program resources are directed to AIDS is wrong. AIDS, signed by the United States, supports these administrative activities. Resources We appropriate less than 10 percent ‘‘access to sterile injecting equipment’’ as for monitoring and improving services are of the funds the district will spend out one way of preventing the spread of AIDS. lost and the quality of linkages with drug of Congress. The rest is their own We have been heartened by your comments treatment and other services are com- money, and they are only asking to that you do not support riders to the D.C. promised. Organizations that are allowed to spend their own money as 34 other Appropriations Bill. We are also pleased get larger and more predictable public fund- States do for programs that they think that, in transmitting the District’s budget to ing do not face this challenge. Obstacle to Collaboration: Prevention are important to protect their citizens. the Congress, the Bush Administration de- The Senator from Virginia may not leted section 150, which placed unduly re- Works may be a client’s first or only contact strictive limitations on the operation of the with the comprehensive network of service be surprised to find some Virginia li- needle exchange program. We hope you will providers in the District. However, our cli- cense plates at the needle exchange follow the lead of the Bush Administration, ents’ access to substance abuse treatment program in DC. We need to keep this and also delete these provisions from last and the rest of the public health infrastruc- program in place. year’s bill, and further, enable the District ture is hindered because community-based The PRESIDING OFFICER. The time organizations and government agencies are government to fund the program as other of the Senator has expired. hesitant to work with Prevention Works be- cities are allowed to do. cause of understandable fears of repercus- Ms. LANDRIEU. Mr. President, I While the news of late has focused on the sions on their own public funding. move the Allen amendment be tabled, international AIDS crisis, we have a crisis of Participants Concerns: Increased restric- and I ask for the yeas and nays. our own in the District, which particularly tions affect program consumers and increase The PRESIDING OFFICER. Is there a affects African Americans. District leaders the general stigma associated with needle sufficient second? and health officials are doing their best to exchange. This increased stigma drives cli- There is a sufficient second. deal with the HIV crisis at home. I know you ents further underground rendering this pop- The yeas and nays were ordered. care about the health of the District’s peo- ulation even more difficult to reach. In- The PRESIDING OFFICER. The Sen- ple, and trust that you will demonstrate it creased restrictions do not result in less drug use, but they do lessen trust among a pre- ator from Virginia. when you consider the District’s appropria- Mr. ALLEN. Mr. President, I ask tions bill, and the District life-saving needle dominantly African American population exchange program. that has been historically alienated from the unanimous consent that Senator NICK- public health establishment. LES also be added as a cosponsor to this Thank you for your continued support for Community Health Needs Ignored: Reduc- amendment. the District of Columbia. As you consider ing HIV and other health risks among people The PRESIDING OFFICER. Without this issue, if you have any questions or com- who inject drugs is a national priority as de- objection, it is so ordered. ments, please feel free to call me at 202/797– fined in Healthy People 2010. Currently pro- 3511. hibited by Congress from funding Prevention Mr. REID. I suggest the absence of a Sincerely, Works—the only program with an estab- quorum. A. CORNELIUS BAKER, lished presence among this marginalized and The PRESIDING OFFICER. The Executive Director. hidden population—the District has no clerk will call the roll. November 7, 2001 CONGRESSIONAL RECORD — SENATE S11515 The bill clerk proceeded to call the I have to say with all due respect to fees of an attorney who represents a party roll. both Senators, with whom I have vis- who prevails in an action or any attorney Mr. REID. Mr. President, I ask unan- ited at length about this issue—so has who defends any action, including an admin- imous consent that the order for the istrative proceeding, brought against the Senator DEWINE—both have genuine District of Columbia Public Schools under quorum call be rescinded. concerns for the schoolchildren of the the Individuals with Disabilities Education The PRESIDING OFFICER. Without District and the well-being of the Act (20 U.S.C. 1400 et seq.) If— objection, it is so ordered. school districts. They are both very (1) the hourly rate of compensation of the Mr. REID. Mr. President, I ask unan- passionate about these particular attorney exceeds 300 percent of the max- imous consent that even though we are views. We were unable to come to a res- imum amount of compensation under section probably a minute or so early, the vote 11–2604(b)(1), District of Columbia Code; or olution. So this debate will ensue. (2) the maximum amount of compensation begin now. I would like to speak about a couple The PRESIDING OFFICER. Without of the attorney exceeds 300 percent of the of things which are of concern to me as maximum amount of compensation under objection, it is so ordered. manager of this bill and as the appro- section 11–2604(b)(1), District of Columbia All time has expired. The question is priations chair for the committee. Code, except that compensation and reim- on agreeing to the motion. The yeas It is very disconcerting that we can- bursement in excess of such maximum may and nays have been ordered. not get the kind of information from be approved for extended or complex rep- The clerk will call the roll. the District, or the CFO, or the school resentation in accordance with section 11– The bill clerk called the roll. 2604(c), District of Columbia Code; and The result was announced—yeas 53, board, or any other financial entity to (3) in no case may the compensation limits nays 47, as follows: give us the details of outstanding judg- in paragraphs (1) and (2) exceed $3,000. (b) Notwithstanding the preceding sub- [Rollcall Vote No. 328 Leg.] ments—how much they are, how many section, if the Mayor and the Superintendent YEAS—53 there are, and that kind of informa- tion. We are not able to verify some of of the District of Columbia Public Schools Akaka Dodd Levin the information that was sent to us, concur in a Memorandum of Understanding Baucus Dorgan Lieberman setting forth a new rate and amount of com- Bayh Durbin Lincoln which itself is a problem to me not pensation, or a new limit referred to in sub- Biden Edwards Mikulski only as manager of the bill but as chair section (a)(3), then such new rates or limits Bingaman Ensign Murray of this committee. Boxer Feingold Nelson (FL) shall apply in lieu of the rates and limits set Breaux Feinstein Reed I hope we will be respectful of that forth in the preceding subsection to both the Cantwell Graham Reid issue as we debate whether it is appro- attorney who represents the prevailing party Carnahan Harkin Rockefeller priate to have caps for attorneys rep- and the attorney who defends the action. Carper Hollings Sarbanes resenting children and families with (c) Notwithstanding 20 U.S.C. § 1415, 42 Chafee Inouye Schumer U.S.C. § 1988, 29 U.S.C. § 794a, or any other Cleland Jeffords Smith (OR) special needs—whether or not it is ap- law, none of the funds appropriated under Clinton Johnson Specter propriate to have caps based on the this Act, or in appropriations acts for subse- Collins Kennedy Stabenow data. But if people are looking to us or Conrad Kerry Torricelli quent fiscal years, may be made available to Corzine Kohl Wellstone to the staff for some specifics, we have pay attorneys’ fees accrued prior to the ef- Daschle Landrieu Wyden tried our best. It is a real problem, fective date of this Act that exceeds a cap Dayton Leahy when we don’t have this information, imposed on attorney’s fees by prior appro- priations acts that were in effect during the NAYS—47 to be able to explain to people for the fiscal year when the work was performed, or Allard Frist Murkowski benefit of debate how much the judg- when payment was requested for work pre- Allen Gramm Nelson (NE) ments are that are outstanding, how viously performed, in an action brought Bennett Grassley Nickles many there are, what moneys we may Bond Gregg Roberts against the District of Columbia Public Brownback Hagel Santorum be saving, what moneys we may be Schools under the Individuals With Disabil- Bunning Hatch Sessions spending, and what the interest rates ities Act (20 U.S.C. § 1400 et seq.). Burns Helms Shelby are. It would be very pertinent in try- Mrs. HUTCHISON. Mr. President, Byrd Hutchinson Smith (NH) Campbell Hutchison Snowe ing to resolve this issue. Senator SESSIONS and I are offering Cochran Inhofe Stevens I say to the Senator from Texas and this amendment for one simple reason: Craig Kyl Thomas to the Senator from Illinois that we We want to improve the quality of edu- Crapo Lott Thompson cannot really trust the documents we cation for the District of Columbia. DeWine Lugar Thurmond Domenici McCain Voinovich have. We will just do the best we can. Our amendment will preserve an esti- Enzi McConnell Warner I appreciate the Senators feeling so mated $44 million for special education Fitzgerald Miller strongly about their respective posi- funding in the District. The motion was agreed to. tions and hope the outcome will be The amendment will continue a pro- Ms. LANDRIEU. Mr. President, I something that will serve the children vision contained in the last three DC move to reconsider the vote, and I of the District, their parents, the appropriations bills that cap the allow- move to lay that motion on the table. school system, and the taxpayers in able fees an attorney may charge for a The motion to lay on the table was the fairest manner possible. child’s special education placement in agreed to. The PRESIDING OFFICER. Under the District of Columbia. We raise the The PRESIDING OFFICER. Under the previous order, the Senator from cap in the present law from $125 an the previous order, the Senator from Texas is recognized. hour to $150 per hour, and a per-case Texas is recognized to offer an amend- Mrs. HUTCHISON. I thank the Chair. limit from $2,500 to $3,000. ment on which there shall be 60 min- AMENDMENT NO. 2110 Our amendment also continues a pro- utes equally divided, 30 minutes of Mrs. HUTCHISON. Mr. President, I vision contained in last year’s bill that which are to be used at this time. send an amendment to the desk. allows the District of Columbia, acting Ms. LANDRIEU. Mr. President, if the The PRESIDING OFFICER. The through the mayor and school super- Senator from Texas will yield for just a clerk will report. intendent, to waive those caps if they moment as she prepares to speak on The bill clerk read as follows: believe it is in the best interest of the her amendment, as you know, we have The Senator from Texas [Mrs. HUTCHISON), D.C. students to do so. had a lot of consensus in this under- for herself and Mr. SESSIONS, proposes an I also point out that our amendment lying bill. We have worked very hard amendment numbered 2110. will prevent an estimated $32 million in through many stages of our committee Mrs. HUTCHISON. Mr. President, I retroactive attorney’s fees from being to bring consensus on some of these ask unanimous consent that reading of awarded, as has been threatened by the issues. There is one issue that is going the amendment be dispensed with. D.C. Circuit Court. That court has to require some debate and discussion. The PRESIDING OFFICER. Without ruled that should this fee cap be lifted, I hope between what Senator objection, it is so ordered. they will go back and actually undo HUTCHISON can bring to this debate and The amendment is as follows: the will of Congress by awarding all Senator DURBIN, we might be able to Under ‘‘General Provisions’’ insert the fol- the billed attorney fees in excess of the come to some joint resolution. It is un- lowing new section: caps during the last 3 years. clear at this point if that will happen. SEC. . (a) None of the funds contained in Our amendment is supported by the This debate is going to move forward. this Act may be made available to pay the school board and the superintendent of S11516 CONGRESSIONAL RECORD — SENATE November 7, 2001 schools in the District. And the mayor (including approximately $32 million in fees amendment. Then probably, after the has told me he also has supported this. subject to the cap in FY 1999 through FY 2001 Senator from Illinois speaks, the Sen- They support it because it allows them that could now be billed, plus at least $12 ator from Alabama would like to million in new fees no longer subject to the to put the dollars in education for the speak. And then Senator MURRAY could cap). It is our collective opinion that the re- children. They are trying to use the sult of such an expenditure will seriously be recognized in morning business. money for the education programs. In and adversely affect our ability to provide The PRESIDING OFFICER. The Sen- fact, they have put the money they educational materials, textbooks, and oper- ator from Illinois. have saved since the caps were put in ational support to the students, teachers, Mr. DURBIN. I thank the chair of the place, that would have gone to attor- and staff of the DC schools. This will, as a subcommittee for yielding to me. ney’s fees, into the special needs pro- consequence, further jeopardize the oppor- Madam President, several years ago grams, and they have increased the tunity of our children to receive a quality Congress decided to pass a law which number of children who now can be education. was revolutionary. It said that in the We are grateful for your past support of United States of America, if you had a taken into the programs. our efforts to improve the quality of edu- Why is our amendment necessary? In cation provided to the children of our City child who needed special educational fiscal year 1998, the District of Colum- and we look forward to working with you to assistance, we were going to try to help bia spent $14 million solely to pay at- continue to build upon our growing accom- that child. It really was a commitment torneys who challenged the District’s plishments. Your support of this request will that had never been made before. placement of special education chil- be a significant step toward further realiza- I can recall, as a child growing up in dren. The next year, in fiscal year 1999, tion of our mutual goals for education. my small hometown, that it was rare Thank you in advance for your consider- the District spent $3.5 million in attor- to see kids with learning disabilities ation of this matter. Should you have any and physical disabilities in my class- ney’s fees. This meant that the District questions or require additional information, had approximately $10 million in addi- please do not hesitate to contact us. room. I do not know where those kids tional funds for the education of these Respectfully, were. They were certainly here on children. The District allocated all this Ms. PEGGY COOPER Earth, but they were not in the class- money saved to improving the quality CAFRITZ, room. of their special education programs. President. So Congress said: We are going to And those programs have continued. Dr. PAUL L. VANCE, change that. We are going to open the Over the next 3 years, D.C. allocated Superintendent. doors of education in the schools across $32 million in funds that would other- Mrs. HUTCHISON. I would like to America to children with special wise have gone to pay attorneys to im- read briefly from that letter: needs—kids who are disabled, mentally proving special education programs for It is our determination that the exclusion and physically, kids who have learning disabled and special needs children. of [the cap] could result in an additional cost disabilities. We are going to give them This effort has significantly im- of at least $44 million to the District of Co- a chance. proved the availability and quality of lumbia Public Schools in FY 2002. . . . It is That bill passed with an over- our collective opinion that the result of such whelming, bipartisan vote because it special education. They have also been an expenditure will seriously and adversely able to reduce the backlog of initial as- affect our ability to provide education mate- sounded so right and so American for sessments of special education children rials, textbooks, and operational support to us to stand up and say: That is why from 1,805, before the imposition of the the students, teachers, and staff of the DC America will be different. cap, to 143 as of March of this year. schools. This will, as a consequence, further We knew, when we passed that bill, it Now they are hiring new special edu- jeopardize the opportunity of our children to would not be easy because many of cation teachers, purchasing new assist- receive a quality education. these children really need special at- ive medical devices, and providing new I urge my colleagues to vote for this tention. I have seen it in classrooms training and education for existing spe- amendment. It is a reasonable cap. We across Illinois and people have seen it cial education teachers. are not trying to starve lawyers. We across the Nation. But the success sto- So what we are trying to do with this want legitimate lawyers to be able to ries are so gratifying, that children, amendment is make sure the education earn a living. But $150 an hour is quite who would have been tossed in the dollars, which are so crucial for the a legitimate amount to spend. I think trash heap just a few years ago, are District to improve the quality of edu- if anyone has the legitimate interests given a chance. With special education cation and the quality of special edu- of the school district at heart, they and special assistance, they can be- cation, stay in the education budget will listen to the superintendent of come productive citizens in America rather than going to pay lawyer’s fees. schools and the president of the school and have a good, wholesome, and happy I ask unanimous consent that a let- board to let them do what they believe life. ter the president of the school board they need to do to improve the edu- Democrats and Republicans said: and the superintendent of D.C. schools cation in the schools. And they do not This is a good thing for us to do. But have written in support of our amend- want to spend this money on lawyer’s what are we going to do about school ment be printed in the RECORD. fees. districts that turn these kids down, There being no objection, the letter They are doing the best they can. that will not give them the chance to was ordered to be printed in the There are no complaints—or maybe go into the schools, where the parents RECORD, as follows: there are complaints; I guess there are are distraught, where they have no DISTRICT OF COLUMBIA complaints against every school dis- place to turn? What are we going to do BOARD OF EDUCATION, trict, but there are no complaints that in that situation? Washington, DC, October 26, 2001. they are not making every effort to in- The law said, if it comes to that, if Hon. KAY BAILEY HUTCHISON, crease the quality of and the number of the school district will not accept the U.S. Senate, Russell Senate Building, children they can serve in these special child who needs special education, Washington, DC. needs classes. there may have to be a hearing. Of DEAR SENATOR HUTCHISON: On behalf of the Madam President, I now would like course, hearings involve attorneys. An District of Columbia Board of Education and the DC Public Schools, we are writing to to reserve the remainder of my time. I attorney would have to stand up for strongly urge you to include language in the ask that either Senator DURBIN or Sen- that child and that child’s family and FY 2002 appropriations bill for the District of ator SESSIONS be allowed to speak. Sen- try to give that child the chance the Columbia that provides a cap on the amount ator SESSIONS is my cosponsor. I do not parents want. of funds expended for special education at- know if Senator DURBIN wishes to Who will pay for that attorney, be- torney fees. Specifically, we are requesting speak first. cause some of these kids are from the language comparable to that contained in The PRESIDING OFFICER (Mrs. poorest families in America. They are the District of Columbia Appropriations Act CARNAHAN). Who yields time? not all rich families and rich kids. The of 2001, P.L. 106–522. It is our determination that the exclusion Ms. LANDRIEU. Madam President, I law said, when it comes to that issue, of such language could result in an addi- yield time, as stated in the unanimous the court will decide. If the attorney tional cost of at least $44 million to the Dis- consent agreement, to the Senator representing that disabled child—a trict of Columbia Public Schools in FY 2002 from Illinois for a response to this child with a learning problem—prevails November 7, 2001 CONGRESSIONAL RECORD — SENATE S11517 in the lawsuit, the court can award at- school district. Certainly, the schools ing disabilities. That system, those torney fees to the attorney who rep- of D.C. and schools across America children, those families will not have resented the child, and the school dis- need more money. But does this meet the same legal representation as kids trict that resisted bringing the child in the test of fairness and justice? Does it across America. for special education will have to pay meet the test of those who proudly Singling out the District of Columbia the attorney fees. voted for the IDEA legislation and said is just plain wrong. This isn’t a war I have just stated the law in Amer- they really cared about special edu- against trial lawyers. This is a war ica. Through her amendment, the Sen- cation? It does not meet that test. against poor children who need a help- ator from Texas wants to change what Let me tell you something else that ing hand. That is just not fair. I have just described in one city—the is unintended perhaps but has to be I asked before in the earlier debate, District of Columbia—to say that in said: When Senator HUTCHISON limits why is it when this appropriations bill this, the Nation’s Capital, we will not the amount the District of Columbia comes to the floor, every Member of play by the same rules that Texas, can pay to any lawyer representing any the Senate and House wants to turn Louisiana, Ohio, and every other State, child, no matter how complicated the into a mayor or a member of the city including Alabama, plays by. No. In case, to $3,000, do you know what the council? Time and again we defer these the District of Columbia we are going D.C. courts have said? They have said: judgments to the city council and to do it differently. We are going to We reject that. We are going to award mayor. In Springfield, IL, and Chicago, say, in the District of Columbia, no to these attorneys the fees to which IL, we say: It is your call. When it matter how complicated the case, no they are reasonably entitled. We under- comes to the District of Columbia, no, matter how many problems that child stand the D.C. appropriations bill we want to superimpose our decision, might have, no matter how many hear- passed by Congress may limit how our judgment. It is not fair for the Dis- ings might be necessary, no matter much Congress can pay out to those trict of Columbia public school system how much effort is put up by the school lawyers, but that is not going to limit to be standing here begging to be treat- board to stop this child from coming our right under the IDEA bill to award ed as a home rule unit and then say to into special education, no matter how these attorney’s fees. Congress: Make sure you carve out a much is involved in it, no attorney is So what has happened? little exception for D.C. when it comes paid more than $3,000, period—none, Let’s assume in a case that an attor- to special education students. They not a penny. ney works long and hard for many want to have it both ways. That $3,000 limit does not apply in years on a special education case and The mayor, whom I respect very Texas, does not apply in Illinois, Wash- the court says, you are entitled to much, has talked out of both sides of ington State, Alabama, or any other $10,000 in attorney’s fees. The his mouth on this issue. I don’t know State. The Senator from Texas would Hutchison amendment says, no, D.C. where he stands on this issue. I can’t have us apply that here in the District can only pay $3,000. What happens to follow it. I really respect this man. But of Columbia. the difference; what happens to the eight members of the D.C. city council So when you put a limit on the attor- $7,000? The $7,000 is still an obligation have written a letter, a compelling let- ney’s fees in complicated and difficult of the District of Columbia. Senator ter. I ask unanimous consent that the cases, how easy is it for a person, a HUTCHISON is not doing the District letter from the D.C. council of Sep- family, a mother and a father, to find any favor. tember 24 be printed in the RECORD. an attorney to represent their son or What is happening is all of these There being no objection, the letter daughter? It becomes increasingly dif- awards in court above the Hutchison was ordered to be printed in the ficult. payment level continue to build up in RECORD, as follows: What the Hutchison amendment does the District of Columbia, and interest COUNCIL OF THE is to close the courthouse door, close is running on them. This mountain of DISTRICT OF COLUMBIA, the opportunity for administrative debt for the District of Columbia is Washington, DC, September 24, 2001. hearings for children who are seeking going to be there whether Senator Re: special education attorney fees. special education in the District of Co- HUTCHISON or Senator DURBIN like it or Hon. MARY LANDRIEU, lumbia. not. It is a reality. In every city and Chairwoman, Subcommittee on the District of Need I remind my colleagues, the school district across America, they Columbia, Senate Committee on Appropria- District of Columbia is one of the poor- face their legal obligation—in Texas, tions, Hart Senate Office Building, Wash- est cities in America. There are chil- Louisiana, Alabama, and in Illinois. ington, DC. DEAR SENATOR LANDRIEU: As the Congress dren in this city who, through no fault But Senator HUTCHISON would say we considers the District’s appropriation for fis- of their own, came to the Earth in the won’t face that legal obligation when it cal year 2002 we understand that the House usual way—as Harry Chapin used to comes to the District of Columbia. has dropped any provision limiting attorney sing in a song—who came to the Earth The root problem is the weakness fees in special education cases. We hope and in the usual way with a lot of prob- and poor performance of the D.C. pub- urge that the Senate agree. lems, disabilities. These kids, through lic school system. They come racing to As you know, the federal Individuals with no fault of their own, will find the us now and say, we don’t want the at- Disabilities Education Act (20 U.S.C. 1400 et schoolhouse door is closed to them be- torneys who want children to come in seq.) mandates special education for children with learning disabilities, and provides that cause of the Hutchison amendment. as special education children to be paid where a child must go to court to effect his She has said these kids cannot have what they are entitled to be paid by or her right that child (if he wins) is entitled the same legal representation as chil- the court. to have his attorney’s fees paid by the gov- dren all across America who are asking Litigation is merely a symptom of a ernment. That the District has been singled for an opportunity for special edu- larger problem. Fifteen percent of the out for the last three years with a limit on cation. Her war is against trial law- kids in the D.C. public school system the fees has been a matter of great con- yers. I used to be one. I plead guilty as are special needs children, 10,500 chil- troversy. charged, Your Honor. But I can tell dren. The appropriate way to reduce The position of the Council and Mayor is quite clear: we adopted a proposed budget you, to say that no lawyer will spend the burden of litigation on the D.C. that contains no cap on attorneys fees. Our more than 20 hours on any case involv- public school system is for the system objections to a fee cap include: ing special education is just terrible. It to comply with the law and provide the A cap makes it more difficult for children is terrible when you consider the out- services and education that children to obtain special education to which they are come. The losers here won’t be the with special needs deserve in every entitled. It is a simple fact: a cap on fees re- trial lawyers. They will find other State in the Union, and every school duces the number of attorneys willing to work. The losers be will be the children district in America plays by those take such cases and, therefore, reduces ac- rules. But not under the Hutchison cess to counsel. and their families who do not want to A cap discriminates against low income give up hope for these kids. amendment. She has said there will be children. Affluent families can afford legal Senator HUTCHISON says it is a mat- one exception: the District of Colum- representation; the cap affects them but ter of dollars and cents: Either give it bia, one of the poorest cities in Amer- they still have an economic ability to help to the trial lawyers or give it to the ica with children suffering from learn- their children. S11518 CONGRESSIONAL RECORD — SENATE November 7, 2001 The effect of the cap is to treat the chil- I yield the floor. need to do that. He was disrupting the dren of the District of Columbia differently— Ms. LANDRIEU. May I inquire how classroom and the child would not ben- and less favorably—than any other child in much time the Senator from Alabama efit from being in the classroom an any other state in the nation. District chil- might need to speak on this amend- hour a day, and he decided to change dren have fewer rights with the cap. The way to improve special education in ment? that policy. So they did that under the the District of Columbia must be pro- Mr. SESSIONS. I will finish the time individual plan for the child. As a re- grammatic—improve the programs rather of Senator HUTCHISON. How much time sult, an objection was raised. The com- than limit the advocacy for special needs does the Senator have? promise—he told me this, and I find children. The PRESIDING OFFICER. The Sen- this unbelievable—was that the child We want public school children to obtain ator from Alabama has 81⁄2 minutes. was allowed to be in the classroom for the best possible education. Reforms must be Ms. LANDRIEU. That would be fine, 15 minutes a day. After all of that. done in a way that does not disadvantage As part of that settlement, the children. It is our strongly held view that of course, under the consent agree- the cap on attorney fees places already vul- ment, because the Senator from Wash- school was obligated to pay the lawyer nerable children at an even greater disadvan- ington State is on the floor and wants who brought the allegation because the tage. For all of these reasons we ask that the to speak not on this amendment but as child had prevailed—at least in some Senate follow the House and eschew any pro- in morning business. I was just inquir- part. So they had to pay the lawyer’s vision limiting attorneys fees for prevailing ing. The Senator from Alabama is enti- fee for their lawyers and the lawyer’s parties under the federal Individuals with tled to proceed. fee of the people on the other side. The Disabilities Education Act. The PRESIDING OFFICER. The Sen- teachers and all who had relevant in- Sincerely, ator from Alabama. formation about this had to disrupt SHARON AMBROSE, their first day of school to meet and Ward 6. Mr. SESSIONS. Madam President, meet and meet. They had to prepare DAVID CATANIA, the Individuals with Disabilities Edu- At-Large. cation Act has done a lot of great and they had to talk to experts and KEVIN CHAVOUS, things. It has had a consistently strong have expert testimony about this child Chairman Comm. on goal to mainstream disabled children and what they could do—all because of Education & Librar- into regular classrooms. the Federal education disabilities act. ies. I have in the last year or so visited 20 We want to help children who can be ADRIAN FENTY, schools in my State. I try to take the in the classroom—children who have Ward 4. opportunity each time to meet with sight disability, who can’t hear, or JIM GRAHAM, the principals and teachers in a con- children who have other disabilities Ward 1. and are in wheelchairs; they need to be PHIL MENDELSON, ference and ask them about their prob- At-Large. lems, what are their frustrations, what mainstreamed. We want to achieve KATHY PATTERSON, is working, what is not working, what that. Nothing here would say other- Ward 3. can we do in the Federal Government wise. There are a lot of problem areas, CAROL SCHWARTZ, to help them. though, and there is a cottage industry At-Large. The thing I hear over and over of lawyers who are filing lawsuits regu- Mr. DURBIN. These include Repub- again—and I ask Senators if they hear larly. lican as well as Democratic and Inde- the same thing; I suspect they do—is The District of Columbia tells us pendent members of the council. They that the Individuals with Disabilities they had nearly 2,000 cases last year, write in part: Education Act has become a legal and they are over the kinds of issues about which I am talking. These chil- The position of the Council and Mayor is nightmare. It has created laws that are dren are not being thrown on the ash quite clear: we adopted a proposed budget not helpful and are costing the schools heap. The question often is, What kind that contains no cap on attorneys fees. Our tremendous sums of money in litiga- objections to a fee cap include: of program or benefit do they get? Do tion. It is not helping children in ways A cap makes it more difficult for children they stay in the main classroom or go we would like to help them. Yes, we to obtain special education to which they are to a special education classroom. entitled. It is a simple fact: a cap on fees re- want to mainstream every child who We had a case in Alabama—and this duces the number of attorneys willing to can be mainstreamed. is true all over America—where a child take such cases and, therefore, reduces ac- I will share this story. I attended a cess to counsel. was so unable to control himself—ap- wonderful, award-winning elementary parently unable, or at least did not A cap discriminates against low income school in a mid-size town in Alabama. children. control himself—an aide was hired by The effect of the cap is to treat the chil- It was so well decorated. It was the the State to meet him at the school dren of the District of Columbia differently— first week of the school year. The bus stop in the morning, go to school and less favorably—than any other child in classrooms were well appointed, well with that child, sit with him all day in any other state in the nation. organized, with bulletin boards of first the classroom, and come home with I was a practicing attorney before I quality. My wife taught elementary him in the afternoon. This is happening came to Congress, and there are some school a number of years, and I know all over America. wonderful people who are involved in about those things and what you are The lawyers and the regulations are pro bono—free—legal work. They do supposed to do. The principal told me impacting principals and teachers who great work. There are also some attor- this story. love children. They want to see chil- neys who can’t find any other kind of He said: The first day of school, when dren do well, and they want to see work; they are not up to it. I don’t we were working as hard as we could to every child reach their highest and think we should put the future and fate do all the things necessary to make fullest potential; but they are being of these special ed kids in the hands of that first day a great day for the kids, handicapped by complex regulations an attorney who may or may not be I spent that afternoon and until 7:30 and litigation. I say that in general. qualified to handle the case. That is ex- that night with 13 individuals, includ- Then I will say this: $150 an hour is not actly what we are doing. ing a group of lawyers, over how long unusual. There are a lot of regulations This is discrimination against the an individual child should be kept in that we have where the hourly fees are special ed kids in the District of Co- the mainstream classroom. lower than that. Criminal defense at- lumbia. The District of Columbia This child had a serious emotional torneys are paid less than that in most school system should be ashamed that disability and was not going to be re- States in America. $150 an hour is a 20- they have called on this Congress to moved from school but would be put in percent increase over the current law. perpetuate this injustice. I hope this an alternative setting where the dis- This Hutchison amendment is a 20- Congress will think twice. If you voted ability could be dealt with. But the percent increase over current law in proudly for IDEA, if you really stand parents and lawyers wanted the child the District of Columbia. This was re- for children with disabilities, then for to be mainstreamed. In the previous quested by the District of Columbia. goodness’ sake give them the legal year, I believe that child had been in They say, well, you don’t cap other rights to pursue the right they have the classroom 1 hour a day. The prin- lawyer’s fees. Other lawyers don’t have under law. cipal had concluded the child didn’t their fees capped. November 7, 2001 CONGRESSIONAL RECORD — SENATE S11519 Let me say this: If someone cheats being devoted to sort of mainstream which my colleague, LANE EVANS, and I you on a contract and you sue them children because of the complicated have called the Heather French Henry and you win the lawsuit, they don’t rules about special needs and also gift- Homeless Veterans Assistance Act pay you anything for legal fees, unless ed children. It is a problem and it has after the wonderful work she did as it is in the contract, which it normally to be worked out. I agree with the Sen- Miss America in behalf of homeless is not. Most people in America file a ator. My disagreement is that this veterans. Her dad is a disabled Vietnam lawsuit, they pay their lawyer out of amendment doesn’t actually fix that vet. I ask unanimous consent that the what they recover. So we have given a problem, and it makes it worse, not committee-reported substitute amend- special advantage to lawyers in dis- better, which is why I probably cannot ment be agreed to, that the bill, as ability cases and in several other in- support this exact amendment and why amended, be read three times, passed, stances in lawsuits against Govern- we have tried to work out some com- and the motion to reconsider be laid ment agencies. We have agreed to pay promise between the Senators. upon the table with no intervening ac- their legal fees, but they are not guar- I wanted to say that for the record, tion or debate. anteed unlimited legal fees, guaranteed and I want to also say that in limiting The PRESIDING OFFICER. Is there to be paid forever, however much they the attorney’s fees to $150 an hour, objection? want or whatever some judge may which doesn’t seem to many people to Mr. SESSIONS. There is objection on agree to award them. be much of a limit—that is quite a lot this side, and I object. So I think this is a reasonable of money to make, particularly in The PRESIDING OFFICER. Objec- amendment. It is a serious request of these times. But the problem the Sen- tion is heard. the school board of this city, which is ator, as an attorney and prosecutor, Mr. WELLSTONE. Madam President, facing an avalanche of lawsuits. There should know is the real problem is the I have to say, not so much to my col- were nearly 2,000 last year. None of this overall limit of $3,000 per case. league from Alabama because he is money that is expended—the $10.5 mil- So what happens is an attorney basi- lion that was saved last year is not really objecting on behalf of someone cally can only spend 21⁄2 days. That being thrown away. The $10.5 million else, that I find this process to be abso- would allow them to process one or two lutely outrageous. that is saved can be used to help dis- motions and may not cover them until abled children and provide them better I believe the veterans community the end of the case. finds this process to be absolutely out- programs. If we pay out more money in These are long and complicated and, legal fees, from where do people think rageous. This is the fourth or the fifth as he has described, very difficult time I have come to the Senate to ask it is coming? It is coming from the cases. That is the problem Senator children. That is where it is coming unanimous consent to pass this legisla- DURBIN is trying to raise. So I hope we from—the people we want to help. We tion. We have a similar version in the can resolve it. Maybe the good pros- House of Representatives that has need to address nationally some of the ecutor, my colleague from Alabama, litigation that is arising with the Indi- passed. We can really get this done. would have a suggestion about that to This is an anonymous hold that has viduals with Disabilities Education us. Act. There is not a superintendent of been put on this bill. I have to say I am schools in America who has been on f more than surprised. I have now be- the job very long, I suggest—or cer- MORNING BUSINESS come indignant that we have a Senator on the other side who will not come to tainly very few who would suggest this The PRESIDING OFFICER. Under the Senate Chamber and debate me on system is working effectively. the previous order, there will now be a this legislation and express his or her Principals tell me all the time it is a period for the transaction of morning opposition and reasons why. nightmare for them. It is disrupting business not to extend beyond the hour their ability to educate our children. of 2:30 p.m. with Senators permitted to This legislation passed out of the They tell me the child who is getting speak therein for up to 10 minutes each Veterans Committee I think on a 21–0 hurt is the average child. There are and with the time to be equally divided vote. It was unanimous. It was Demo- special programs for the bright chil- and controlled by the two leaders or crats and Republicans alike. dren and for those with disabilities, but their designees. It is a familiar principle among vet- the average child is getting short- The Senator from Washington. erans in our Armed Forces that we do changed. Oftentimes, teachers are so Mrs. MURRAY. Madam President, I not leave our wounded behind. Home- frustrated they are leaving the profes- intend to speak as in morning business. less veterans are our wounded, and we sion. They are being sued for how they I believe the Senator from Minnesota are leaving them behind. The VA has handle difficult circumstances. reported there were about 345,000 home- The PRESIDING OFFICER. The time would like to propound a unanimous consent request. less vets in our country in 1999, and of the Senator from Alabama has ex- there are yet even more homeless vet- pired. Mr. WELLSTONE. Madam President, I ask unanimous consent that I follow erans as we see this economic down- Mr. SESSIONS. I thank the Chair turn. and reiterate my support for the the remarks of the Senator from Wash- What does the bill do? It sets a na- Hutchison amendment. ington in morning business. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without tional goal to end homelessness among ator from Louisiana. objection, it is so ordered. veterans within 10 years. Who is op- Ms. LANDRIEU. Madam President, I The Senator from Washington is rec- posed to that? The bill provides fund- want to speak for a moment. The Sen- ognized. ing, authorizes $50 million for some ator from Washington wants to be rec- Mrs. MURRAY. I thank the Chair. programs that really have a good track ognized. I want to say this: I voted (The remarks of Mrs. MURRAY and record—I will not even go over all of with Senator SESSIONS on the last Ms. SNOWE pertaining to the introduc- them today—for job training, for treat- amendment he offered on this subject. tion of S. 1643 are printed in today’s ment for addiction, for other transi- I actually agreed very strongly with RECORD under ‘‘Statements on Intro- tional services that are so critical to what he said. Many of us on both sides duced Bills and Joint Resolutions.’’) veterans: job counseling, social serv- of the aisle voted with him, as he has The PRESIDING OFFICER. The Sen- ices, medical services, assistance in outlined so beautifully some of the real ator from Minnesota. getting into affordable housing, calls problems with special education as far f for VA comprehensive homeless centers as Federal rules and regulations go. We in our major metropolitan areas in UNANIMOUS CONSENT REQUEST— are all well intended. We all want to America today to have kind of a one- S. 739 help these children, but there is a stop continuum of services for vet- major disagreement and debate about Mr. WELLSTONE. Madam President, erans. whether the rules are actually helping I ask unanimous consent that the Sen- I would like to know what is going on or hurting. ate proceed to the consideration of Cal- in the Senate. I would like to know The Senator is absolutely correct endar No. 191, S. 739, the Homeless Vet- why this legislation is being blocked. I that many of our resources are not erans Program Improvement Act, will say with great regret—I said it S11520 CONGRESSIONAL RECORD — SENATE November 7, 2001 last week, and I said it the week be- The PRESIDING OFFICER. Without tract, but this was a contract. There fore—I will put a hold on all the legis- objection, it is so ordered. are lawsuits pending for the lack of ful- lation, not the major appropriations Mr. MURKOWSKI. I thank the Chair. fillment of the terms of the contract, bills and judicial appointments, that f somewhere in the area of $40 to $70 bil- lion. Instead of storing the waste in a individual Senators on the other side ENERGY SECURITY have sponsored. This legislation should central, single, secure facility where go through on unanimous consent. It is Mr. MURKOWSKI. Madam President, we can concentrate all of our resources not controversial. It has the support of we are all aware of the shocking events on keeping it safe, nuclear waste is all of us. But I have no other choice that occurred on September 11. We are being scattered across the country. We but to do so. I have no other choice but certainly aware of the vulnerabilities have it in our powerplants, we have to fight like the dickens and use my le- that were shown to our Nation by this outside some of the plants storage in verage. I have been around the Senate action. As we reflect on the risk today, containers, casks designed for that for 11 years now, and I know the way I think we would acknowledge that storage, but these are not permanent. things work. never in our history have we, as a na- We have shut down plants where the It is very rare that today we continue tion, been forced suddenly, shockingly, waste is being stored. These plants to have these anonymous holds on leg- to reevaluate almost every aspect of were not designed for the permanent islation such as this to help homeless our life. storage of this waste or the shutdown Americans must make a choice now veterans. The only way I can fight and of plants. We have 16 different plants about risks; we must make choices we the only way I can continue to make with a total of 230 containers now hold- never thought we would have to make. this a priority—it is a priority to me, ing high-level nuclear waste on an in- From our mail to our shopping malls it should be a priority for every Sen- terim basis. to ball games, life in America is now a In South Haven, MI, dry-cask storage ator, and it should be a priority for our reflection, looking back through the pads are 200 yards from Lake Michigan. country—is to ask my colleagues to go lens of terror. Surveying that risk, per- Twenty percent of the world’s fresh and spend some time—and maybe many haps no single area causes greater con- water is in the Great Lakes chain. On of my colleagues have—in homeless cern than that of energy as a con- the shores of the Chesapeake Bay, dry- shelters, meeting with street people. sequence of our increasing dependence. cask storage sits less than 90 miles My colleagues would be amazed at how We rely on safe, stable, affordable, from Baltimore, near Washington, DC, many of them are veterans, how many and plentiful supplies of energy to with the U.S. Capitol and three major of them are Vietnam vets. Surely we power our progress, but the choices airports. These containers are ap- can do better. made on energy have left us vulnerable proved, but there is no substitute for a Anonymous hold? I do not know why. and exposed on two different fronts, permanent repository deep in the I guess I have my own suspicion, but I two fronts that add up to our Nation’s group, out of harm’s way where it was will say this: I have a hold on all the energy security, and I will discuss designed, and that is Yucca Mountain bills from individual Senators on the those today. in Nevada. other side, and they are going nowhere A report detailing these risks was re- We have had several debates through until whoever the Senator is steps for- ceived yesterday by Gov. Tom Ridge, the years on this issue. I understand ward and either debates me and we head of Homeland Security. What he the reluctance of my friends from Ne- have a vote or that Senator takes this did was itemize some of the risks we vada to accept the reality that Con- hold off. have at home. We have seen a great gress made a designation, subject to li- I will say this: I do not blame the deal of publicity given to the realiza- censing, that the repository would be Senator for wanting to remain anony- tion that about 20 percent of our en- at Yucca Mountain in Nevada. We are mous. I would want to remain anony- ergy is produced by nuclear power- still waiting after years and years. We mous if I were blocking this legisla- plants. We have about 103 reactors have had a Presidential veto. We are tion. We can do better for veterans in around the country producing clean, seeing a situation of delay, delay, our country. We can do better for vet- affordable energy. The fact the energy delay. erans in a lot of different ways, but is affordable, reliable, and free of emis- Back to the containers. They are ap- this is legislation where a lot of us sions such as greenhouse gases, is very proved by the Nuclear Regulatory came together on both sides of the appealing. However, there is no free Commission, but there is no substitute aisle. We have done some good work. It lunch. Nuclear power does create a by- for permanent repository. We have is not the cure-all or end-all. I do not product that must be dealt with, but waste at home, and 14 other plants are want to make this out to be perfect, when managed responsibly and stored in the process of being decommis- but I say to my colleague from Georgia safely this waste poses no threat and sioned, one in Massachusetts, two in it makes life a little better for some no risk to public health. Connecticut, and three in California. people. In this particular case it hap- I might add, in the several decades of We are getting more and more plants pens to be veterans. It is the kind of generating nuclear power in this coun- that are closed. thing we should be doing in public serv- try, we have never had a casualty asso- President Clinton vetoed a bill to ac- ice, and I cannot understand where this ciated with the operation of nuclear re- celerate the waste transfer and move anonymous hold comes from or why. actors for power generation. us ahead of our current opening date of Every day I am coming to the Cham- So the industry, as well as govern- 2012. That is the current date. I recog- ber and I am going to do the same ment, has done an extraordinary job of nize nobody wants the worst, but the thing. I am going to continue to have a proving nuclear energy has a signifi- reality is we have to put it somewhere. hold on all this other individual legis- cant place in our energy mix. The $6 billion expended on Yucca lation sponsored by individual Sen- In 1982, the Government made a Mountain clearly indicates Yucca ators on the other side until this bill promise to the American people to Mountain was the favorite site. Unfor- goes through. take care of that waste and provide a tunately, our previous President ve- Other than that, I do not feel strong- permanent repository. The contractual toed the bill, and the waste sits, no ly about it. agreement was that the Government closer to a permanent home. The waste I yield the floor. would take the waste in 1998. is there, exposed and vulnerable, pre- The PRESIDING OFFICER. The Sen- Madam President, 1998 has come and senting another target for potential ator from Alaska. gone. Today, after years of delay, bu- terrorists, nestled in our communities, Mr. MURKOWSKI. May I ask the reaucratic wrangling and $12 billion in beside our schools, homes and families. time I have reserved for morning busi- taxes collected from the ratepayers It is irresponsible to not address this ness? who depend on nuclear power, that situation. The PRESIDING OFFICER. The Sen- promise made by the Federal Govern- I don’t want to prolong the argument ator may speak for up to 10 minutes. ment to take the waste remains relative to the issue of the danger of Mr. MURKOWSKI. Madam President, unkept. this waste. It is being monitored by the I ask unanimous consent that I be al- I don’t know the opinion of the agen- best oversight available, the best pro- lowed to speak for 20 minutes. cies regarding the sanctity of a con- tection, the best security. Still, it is November 7, 2001 CONGRESSIONAL RECORD — SENATE S11521 not designed to stay where it is. We I have a chart that puts it in perspec- field services in a land claims area of the should put this waste in a central re- tive. It is important, as we address this Mackenzie Delta that is seen as a likely pository, designed to take the waste issue—and this Congress will address route for any Mackenzie Valley pipeline. and pool it until we meet the deter- this issue either by an agreement with Gwich’in Oilfield Services, 51 percent the Democratic leader to allow time owned by the Gwich’in Development Corp of mination of whether we will put it un- Inuvik Northwest Territories and 45 percent derground permanently or reprocess it. for an energy bill to come up or it will by Calgary-based Ensign Drilling, is expect- I will discuss the other risk relative be on the stimulus package because it ing to start operation this winter. to our energy, and that is the risk belongs there. I ask my colleagues to The Gwich’in Development settlement area overseas. Our risks grow greater as we reflect what other stimulus can they covers 22,422 square miles and is governed by leave the confines of the United States, identify that generates somewhere in the Gwich’in Tribal Council. where at least we have some control the area of $2.5 billion in Federal lease Gwich’in Development Corp., wholly owned over the choices we have made. We rely sales, money to the U.S. Treasury, pro- by the tribal council, has a mission to build on parts of the world where the leaders vides about 200,000 jobs throughout this an investment portfolio that offers business chose to undermine peace, democracy, opportunities, employment and training to Nation, and does not cost the tax- Gwich’in residents. and liberty, and will work to under- payers one red cent? That is why this mine our Nation, as well. issue belongs on the stimulus package. I ask unanimous consent the article We are more than 56 percent depend- Think of the tankers that would be be printed in the RECORD. ent on foreign oil. We simply do not built in U.S. shipyards with U.S. crews There being no objection, the mate- have the flexibility to be independent, to expand the oil from Alaska, which is rial was ordered to be printed in the should the need arise. I am not sug- currently about 17 percent of all the RECORD, as follows: gesting we can independently remove crude oil produced in this country. We [From Petroleum News, Alaska; Sept. 30, all of our dependence on foreign oil, could be far less dependent than we are 2001] but we certainly have options, and the today. We are only one supertanker GWICH’IN, ENSIGN LINK UPINNEW MACKENZIE Senate must act on the options. Unless terrorist activity in the Straits of DELTA DRILLING COMPANY we make the right choices now, the Hormuz away from serious disruption (By Gary Park) drivers relative to our energy security of our oil supply. A new Native-controlled oil and gas drill- are OPEC. Let me point out the reality associ- ing company has been formed to provide oil- What has OPEC done lately? We ated with the ANWR issue. It is so mis- field services in a land claims area of the know they just planned to cut 1.4 bil- understood. There is a threat that Mackenzie Delta that is seen as a likely lion barrels of production. Why? Clear- ANWR is at risk. What is ANWR? This route for any Mackenzie Valley pipeline. ly, to increase the price. They want to is ANWR in relationship to the State of Gwich’in Oilfield Services, 51 percent have a price between $22 and $24. The South Carolina. They bear a striking owned by Gwich’in Development Corp. of way to do that is to control the supply. Inuvik, Northwest Territories, and 49 per- resemblance: about the same acreage, cent by Calgary-based Ensign Drilling, is ex- That is just what they have announced 19 million acres. That is a big chunk of pecting to start operations this winter. they are doing. They are cutting pro- real estate. Of what does ANWR con- The Gwich’in settlement area covers 22,422 duction. sist? It already consists of three spe- square miles and is governed by the Gwich’in We have resources at home, but our cific designations by Congress: 8.5 mil- Tribal Council. hands are tied. We do not seem to be lion acres in wilderness classifications Gwich’in Development Corp., wholly owned able to reach an accord on how to use in perpetuity, another 9 million put by the tribal council, has a mission to build places such as ANWR, in my State, into a refuge, and Congress left out the an investment portfolio that offers business which hold the key to energy independ- 1.5 million acres, the coastal plain, for opportunities, employment and training to Gwich’in residents. ence by reducing substantially our de- determination of whether or not to pendence on Mideast oil. The Senate Tom Connors, chief executive officer of the open it for oil and gas exploration. corporation, said Sept. 10 that the deal with has approved safe and limited explo- Why? Clearly, the extensive explo- Ensign gives the community a chance to par- ration for ANWR, but President Clin- ration in Prudhoe Bay suggested the ticipate in the development of oil and gas re- ton vetoed that legislation in 1995. Had largest single deposit may be found in sources. President Clinton not vetoed that bill this coastal area. Ensign president Selby Porter said his in 1995, we would very possibly have as We take that and move along a little company’s experience and equipment make much as a million barrels a day flowing further and recognize that the House it the right choice to work with the Gwich’in from the ANWR area. That would off- bill, H.R. 4, said: OK, we will open this people. set the million barrels a day we are im- ‘‘The development of a local work force area for exploration, but the footprint and infrastructure is key to the continued porting from Iraq. can be only 2,000 acres. I have asked many times, how can we development of oil and gas resources of the That is 2,000 acres out of 19 million Arctic region of Canada,’’ he said. compromise our energy security when acres. If you reflect on that, what are Formation of the new company was an- on the one hand we import oil from the prospects? They say somewhere be- nounced Sept. 6. Iraq and Saddam Hussein and at the tween 5.6 and 16 billion barrels. Mr. MURKOWSKI. I also ask unani- same time we are enforcing the no-fly Prudhoe Bay has produced 13 billion mous consent that two other articles zone over that country, putting our barrels, and it was only supposed to be printed in the RECORD, ‘‘The Slick young American people’s lives at risk produce 10. This could equal, easily, Politics of ANWR Oil’’ by Paul K. with a blockade in the sky. With the what we would import from Saudi Ara- Driessen, and ‘‘The Sacred Slope’’ by oil money, he is paying his Republican bia for 30 years. Jack Stauder, Ph.D of the University guards to keep him alive. He is also de- Some say it will take 10 years and of Massachusetts at Dartmouth, rel- veloping capability for a missile, with some say it will take 7 years to get this ative to this issue. perhaps a biological warhead. Where oil. It is estimated if the oil is there— There being no objection, the mate- does he aim? Most of those items of here is the pipeline that is already in, rial was ordered to be printed in the terror are at our ally, Israel. That may an 800-mile pipeline—we can open up RECORD, as follows: be an over simplification of foreign pol- this area somewhere in the area of 18 icy, but one could reach that conclu- months if we expedite the permitting THE SLICK POLITICS OF ANWR OIL sion. process because we already have some (By Paul K. Driessen) We could be far less dependent today fields of discovery and a pipeline ap- A new Native-controlled oil and gas drill- if we considered the merits of opening proximately halfway over here. Put ing company was recently formed to provide this area. Using conservative esti- this in perspective. What is a 2,000-acre oilfield services in the Mackenzie River delta mates, in the 6 years that have elapsed footprint worth? area of northwestern Canada, adjacent to since the President last vetoed the This is an item from Petroleum Alaska. According to Petroleum News Alas- ka, the company was created to provide in- ANWR bill, that would have been more News, Alaska, ‘‘Gwich’in, Ensign Link vestment and business opportunities, em- than enough time to have researched Up New Mackenzie Delta Drilling Com- ployment and training for tribal members. It that tiny sliver of land, built the infra- pany.’’ expects to start operations this winter, to structure on 2,000 acres, and gotten the A new native-controlled oil and gas drill- expand oil and gas development activities in oil flowing. ing company has been formed to provide oil- the Arctic region. S11522 CONGRESSIONAL RECORD — SENATE November 7, 2001 This new enterprise, Gwich’in Oilfield mental militants hold the United States hos- Please call even if you think your Senators Services, offers some fascinating insights tage on ANWR oil? are solid supporters of protecting the refuge. into the slick politics of militant It’s time to face reality, toss bogus anti-oil Many Senators simply don’t yet believe that environmentalism. arguments on the ash heap of history, and Murkowski will do it, but our sources are re- The majority owner is none other than the support exploration in the Arctic National liable. Gwich’in Indians Tribal Council. Those are Wildlife Refuge. America’s entire environmental movement the same Gwich’in Indians that for years must rally now. have been poster children for the cause of op- THE SACRED SLOPE Please let us know you’re making this call, at our website. We’d like to keep a count. posing oil exploration in the flat, featureless (By Jack Stauder, Ph.D.) coastal plain of Alaska’s Arctic National Thank you. Your call will matter. This story bears telling first, for the silli- Sincerely, Wildlife Refuge (ANWR). ness it exposes about the conventional wis- But nearly 90% of the Gwich’ins live in —Wes Boyd dom of liberal opinion on campus today re- Canada. Only 800 live in Alaska. The Alaskan MoveOn.org garding environmental issues; and second, as Gwich’ins live some 250 miles from the coast- September 19, 2001 an example of how to challenge such silli- al plain, if one travels along the route car- ness. [I was riled enough by this message to ibou follow in migrating to and from ANWR. Last spring I arranged for myself to be ap- reply to all on the Committee who had re- As the crow flies, the Indians’ Arctic Vil- pointed to a new ‘‘Sustainability Com- ceived it:] lage is 140 miles across the all-but-impass- mittee’’ being set up by the powers on high Sunday, October 7: ‘‘Re: Is Nothing Sacred?’’ able Brooks Range. Those majestic moun- at the University of Massachusetts, where I From: Professor Jack Stauder tains—the ones seen in all the misleading teach. I was suspicious of what was intended ads and news stories opposing ANWR oil ex- Is it appropriate to circulate such partisan on campus under that slippery rubric. lobbying action information throughout a ploration—are 30 to 50 miles from the coastal Luckily, the Committee has done little so plain. (It’s amazing how a telephoto camera university committee? I don’t think so. We far except receive rather pompous memos shouldn’t tire others out through incessant lens can make them look so close.) tinged with utopian musings coming from a The Gwich’in Tribal Council plans to drill propaganda, no matter how close to our couple of professors at the Boston campus of in a 1.4-million-acre land claims area gov- hearts our causes are. our state system, including a Professor B. erned by the Indians. This is the same But if we are going to be wasting our col- (Names of colleagues in this piece have been amount of land that’s been proposed for ex- lective time this way, let me get in on the hidden to protect tender egos; but otherwise fun. ploration in ANWR. The proposed drill sites all the quoted e-mail here has been un- There are two sides to each controversy. (and a potential pipeline route) are just east changed.) Professor B. regards himself as a I’ve actually been to the North Slope of of a major migratory path, where the car- great expert on ‘‘sustainability.’’ Alaska. I’ve never seen an uglier landscape. ibou often birth their calves, rather than Anyway, the little controversy I will de- The proposed drilling area is a small speck awaiting their arrival in the refuge. scribe began with an e-mail forwarded in a vast tundra: it would compare to the Back in the 1980s, the Alaska Gwich’ins through a couple of leftist professors on my size of the township of North Dartmouth leased 1.8 million acres of their tribal lands campus. Its origins appear to be from one the within the entire area of Massachusetts, for oil development. (No oil was found.) Any endless number of lobbying groups on the Connecticut and Rhode Island put together. reservations they may have had to the latest left. One of the burdens of having left-wing The ‘‘great wilderness eco-system’’ would be leasing plans were apparently very muted. virtually unchanged by the proposed drilling. It is hard to grasp how drilling for oil in friends, as I do, is that they often pass on these lobbying efforts. This e-mail, however, Nothing would be ‘‘gone’’ forever. their own back yards is perfectly OK, but ex- People can say any area is ‘‘sacred’’ if they ploration on public and Inuit Eskimo lands was circulated to all twenty or so members of our Sustainability Committee as well as want. However, the Inupiat (Eskimo) of the 140 miles away somehow ‘‘threatens their North Slope, the only people who have ever traditional lifestyle.’’ It’s equally hard to the professors in Boston by one of the sillier members of our Committee. Bear with my lived there or would want to live there, are condone their willingness to collect count- by a large majority in favor of drilling for less thousands of dollars from environmental account as you read it; the fun begins after it. the oil. Why would people here in Massachu- groups, to place full-page ads in major news- setts want to deny them their wish? Few of papers, appear in television spots and testify Sunday, October 7: ‘‘Is Nothing Sacred?’’ us if any will ever go to visit this ‘‘sacred’’ on Capitol Hill in opposition to ANWR explo- From: Professor G. place, if only because it is so inhospitable to ration—and then lease more of their tribal Dear Friend of MoveOn, In this time of all but the Eskimo—cold and dark through- lands for drilling. But none dare call it hy- tragic urgency, our leaders in Washington out the winter, a huge flat marshland pocrisy. have pulled together and put all things con- swarming with mosquitoes in the summer. Government geologists say ANWR could troversial and partisan aside for the sake of Yet out of spiritual arrogance some presume contain as much as 16 billion barrels of re- national unity. Our friends on Capitol Hill to tell the Alaskans what to do with their coverable oil. That’s enough to replace all are making sacrifices, holding off on key land. our Persian gulf imports for 10 years or issues that can be won only through strug- The oil deposit is estimated to be a quite more. At peak production levels, it could gle, such as energy and campaign finance re- substantial one, otherwise there would be no 1 provide ⁄10 of total U.S. oil needs. Developing form. Our opponents have respected the na- interest in drilling there. One should auto- this critically needed energy could also cre- tional need for unity too, until now. matically distrust the misleading statistics ate 735,000 jobs, save us from having to send But today we learned that Sen. Frank and factoids thrown out by environmental hundreds of billions of dollars to OPEC, and Murkowski (R–AK) is breaking with this pa- groups who make their living propagandizing generate tens of billions in royalty and tax triotic spirit by trying to tack one of the issues like this. The oil from Alaska revenues to defend and rebuild our nation. most controversial issues in America onto wouldn’t meet all our needs, but it would All these benefits would result in the dis- the Defense Authorization bill: make us that much less dependent on the turbance of about 2,000 acres—less land than He wants to drill for oil in the Arctic Na- Middle East—a welcome goal. the terrorists destroyed or damaged in New tional Wildlife Refuge, the heart of the last And even if ‘‘existing fuel-efficient tech- York City—in a refuge the size of South great wilderness ecosystem in North Amer- nologies could save more’’ than drilling in Alaska could provide, this statement is a Carolina. And any drilling would be done in ica. This is a mistake, because: the dead of winter, using ice airstrips, roads Any oil found there wouldn’t come on line non-sequitur, for doing either does not pre- and platforms that will melt when spring ar- for 10 years; clude the other. Should I go on and on? Should I tell you rives. The refuge contains just 6 months supply who to call in Congress and what to tell Eskimos who actually live in ANWR want of oil; them? No, I won’t, because it’s not the busi- the same benefits the Gwich’ins seek. As Existing fuel-efficient technologies could ness of the Sustainability Committee, in my Kaktovik Inupiat Corporation president Fen- save more than that; eyes, to serve as a propaganda vessel for any- ton Rexford notes, the Eskimos are tired of Once it’s gone, it’s gone forever. one’s ‘‘cause’’ or ‘‘special interest.’’ using 5-gallon buckets for sanitation, be- The Defense bill will be debated this cause they don’t have toilers, running water Wednesday through Friday. —Jack Stauder, Soc/Anth Dept or a sewer system. They also understand the Please call your senators now: [As I rather expected, my questioning of a national security issues at stake here. No Senator John Kerry liberal environmental icon—the sacredness wonder they support exploration by an 8:1 Phone: 202–224–2742 of wilderness—brought a prompt reaction, margin. Fax: 202–224–8525 from none other than Professor B., to all Bin Laden & Company just sent us a wake- Senator Edward M. Kennedy members of our committee. Note his conde- up call from Hell. In mere hours, they Phone: 202–224–4543 scending familiarity towards me, although I plunged us into an economic crisis and a Fax: 202–224–2417 have never met the man.] long, difficult war that must be waged both Be sure they know you’re a constituent, overseas and in our own neighborhoods. Is and urge them to: Monday, October 8 there anyone who seriously believes we can ‘‘Please—block—the vote on the Mur- From: Professor B.: ‘‘Re: Is Nothing Sacred?’’ afford to continue letting a small band of po- kowski drilling amendment to the Defense To All, Jack’s contention that the Sustain- litically correct Alaska Indians and environ- Authorization bill.’’ ability Committee shouldn’t be used to lobby November 7, 2001 CONGRESSIONAL RECORD — SENATE S11523 issues is probably correct. On the other ment, I believe that the first consideration, Again, there is no contradiction between the hand, if someone wants to send an e-mail to out of respect, should be paid to the views of two goals, and its seems self-defeating and everyone on her/his address book, this a free the local people actually inhabiting the silly to pit them against each other. country. I respect Jack for exercising his place in question. After all, they know their No, I do not consider the 2000 acres of fro- right of free speech and expressing his views. environment best, and have the most to lose zen tundra on the North Slope, where the Now I will exercise mine. or gain depending on what happens to it. I drilling would take place, as ‘‘sacred’’—ex- I disagree with two points that Jack made: trust their wisdom more than that of lob- cept that it oil would help us meet our sa- one, the North Slope is not ‘‘their’’ land, it bying groups based in Washington, D.C. Per- cred duly to protecting our families and is ‘‘our land,’’ and furthermore, our chil- haps you disagree. keeping our nation strong. dren’s land. Second, I am convinced that fo- Also, maybe because I grew up in the West Your, Jack Stauder cusing on the front end, i.e., the production (Colorado and New Mexico) I was put off by Soc/Anth Dept., UMass Dartmouth end, of the pipeline, especially the oil pipe- your glib caricature of ‘‘the Texas men- [My riposte was apparently too much for line, does preclude achieving anything near tality.’’ We are encouraged in our university Professor B. He threw in the towel, left the the easily achieved efficiencies at the use to celebrate diversity, but it seemed to me field, hung up his cleats—whatever end of the pipeline. I think I read from a reli- your remarks smacked of regional prejudice methaphor you might choose. He replied, not able source that increasing the fleet mileage and mean-minded stereotyping of a great to the whole Sustainability Committee, but of American automobiles will save more oil state of our union—a state, by the way, that only to me, that he could not sustain more in a short time than the most optimistic es- has for long provided the rest of us with discourse on the issue.] timates of oil to be obtained from the North many valuable goods, including the oil and Thursday, October 11: ‘‘Re: The Sacred Slope. I also understand that the average natural gas that have moved our vehicles Slope, etc.’’ From: Professor B. fleet miles per gallon of American made and warmed our houses. We should be thank- Jack, I only partially read your e-mail re- ing Texans, not making fun of them. automobiles is the lowest in 25 years, largely tort. I think you are missing the purpose of due to SUV’s not being held to the standards On other Western topics, you accuse me of thinking like Montana cattlemen and North- the Sustainability Committee. Bantering of automobiles. words is a waste of time. Let’s perform. Now Jack, those of us who argue for a phi- west lumbermen. I’m not quite sure what W. losophy and policy of increasing the effi- you mean, although you seem to be down on ciency of our economy over the Texas men- these groups. Do you want them put out of I think he did read all my retort, and was tality of ‘‘we’ll shoot, drill, and fight our business? Do you want them to stop pro- wise enough to see any further attempt to way out of this mess,’’ and ‘‘be damned with ducing goods for our use? Can we in Massa- cross swords with my ‘‘banter’’ might lead to those pencil-necked liberal flakes who want chusetts produce the beef and wood products more humiliation of his half-baked ideas. us to change our superior American life- we need and use? Again, as with the Texans, For our own edification, I think a couple of styles of ostentatious, conspicuous consump- I say let’s thank these rural producers for lessons might he drawn from this otherwise tion, and profligate waste. Be damned I say. their efforts—not affect to despise them. trivial story, about how best to combat So what if we are only 5% of the world’s pop- Would you not at least admit the possi- environmentalism and its nonsense. ulation and contribute 25% of the CO2 in the bility that these hard-working Americans First, as I have learned from Rush world.’’ contribute much more of real value to their Limbaugh: humor helps, Irony, sarcasm, rid- Jack, you sound like the Montana Cattle- countrymen, than do university professors icule are useful tools in dealing with oppo- nents, especially those who cloak themselves men’s and the Northwest Lumberman’s Asso- firing off vaporous memos by e-mail? in pretentiousness airs of moral and intellec- ciation’s attitude that our land is their land Finally, what am I to make of the sly tual superiority, as environmentalists tend to do what they damned well please. statement you append to the end of your last to do. Now, by God, I have changed my mind. I message: ‘‘Some of us even believe that there is a definite nexus between American con- Second, don’t give environmentalists a think any sustainability committee that is chance to claim the moral high ground in serious ought to go on record as strongly op- sumerism and the feeling of being oppressed in some third world countries. A feeling so any argument. Aggressively assert your own posed to increased exploitation of finite re- principles—in this case, the valuable con- sources and dangerous pollution when there strong as to even, at least partially, foster terrorism.’’ tributions of resource providers, and the are scientifically and technically double positive aspects of American civilization. ways to increase efficiency of our economy, I hope there is no insinuation in these words that somehow Americans are respon- Third, know your opponents and exploit to say nothing of some of us who strongly be- the contradictions in their beliefs. For exam- sible for what those squalid foreign fanatics lieve we are morally wrong in our consump- ple, a pious tenet of Prof.B.’s liberal creed is did on Sept. 11. I trust you are not one of the tion habits. Yes, we do feel that the environ- that Native Americans are victims b and ec- ‘‘Blame America First’’ fringe that hangs ment is a ‘‘sacred’’ trust. ological saints, to boot—with whom good around American campuses. But what are Some of us even believe that there is a left/liberals must sympathize. Yet in this you getting at? definite nexus between American con- case the environmentalists want to tell them I can see how the terrorists might resent sumerism and the feeling of being oppressed what they can or can’t do with their tradi- and hate the United States for being such a in some third world countries. A feeling so tional lands! No wonder he is too embar- prosperous, dynamic, creative society—one strong as to even, at least partially, foster rassed to pursue an argument on this score. that is open, democratic, tolerant of all reli- terrorism. Hope all is well. My gibes about ‘‘celebrating diversity’’ (re- gions, and respectful of human rights and in- W. B. garding Texans!) were certainly tongue-in- dividual liberties. After all, none of the Mid- cheek, but highlighted another contradiction [These predictable opinions of Professor B. dle Eastern terrorists come from societies in Prof. B.’s attitudes by pointing out his use offered some targets too tempting to resist, with these characteristics. But why should of prejudicial stereotypes, when good left/lib- although I restrained myself from addressing we feel guilty for the evil acts their per- erals always condemn these b in the ab- his every point. Below is the e-mail I re- verted ideology leads them to? stract. I was accusing him in effect of being turned, again to the whole committee, al- Where exactly does ‘‘consumerism’’ fit in? a bigot, of violating one of the taboos of his though it was addressed to him.] If we voluntarily impoverished ourselves sort in showing ‘‘intolerance.’’ Obviously he down to the level of, say, Afghanistan, would Wednesday, October 10: ‘‘The Sacred Slope didn’t like being called out on these grounds. other people feel less ‘‘oppressed’’? If we ‘‘in- Finally, questioning him about his opin- etc.’’ creased the fleet mileage of American auto- ions regarding the United States put him in From: Professor Jack Stauder mobiles’’ to consume less oil, as you propose, an impossible position. if he is like most Dear Prof. B.: You make some interesting do you believe that Osama bin Laden will liftists—and the types of environmentalists points in your recent memo, but I think praise us to Allah and call of his terrorists? that foams at the mouth against ‘‘con- some clarification is in order. Seems unlikely to me. Perhaps the Taliban sumerism’’ and wants to use ‘‘sustain- You are certainly right that most of the prohibits girls from learning to read so they ability’’ as a tool to shoehorn us into some North Slope, being federal government land, don’t grow up to be seduced by the white sale type of socialist utopia—then he must have in some sort of legal sense belongs collec- ads of the Kabul Macy’s? Or what about the hated the good, but true, things I had to say tively to all American citizens. However, destruction of those large status of Buddha? about American civilization. Difficult as it perhaps because I am an anthropologist I be- Perhaps that was in response to information may be for most Americans to comprehend, lieve it would be a bit culturally arrogant to that monks of that faith were driving too the underlying belief of U.S. leftists, includ- inform the Native Americans whose ances- many SUV’s around their lamaseries? ing left-wing environmentalists, is that tors have lived in that region for a couple Seens to stretch. The only important prod- America stinks—that our country is malign, thousand years that (in your words) ‘‘the uct we consume from the Middle East is oil, unjust, oppressive, imperialist, and alto- North Slope is not ‘their’ land, it is ‘our extracted by our technology, for which the gether hateful. This view explains why they land’.’’ Native Americans (the Inupiat in this Middle East states are paid royally. It’s oil. give themselves the license to tear down our case) tend not to appreciate this attitude That is why I suggested that, to free us as civilization and to impose on us their own from white men. much as possible from dependence on that utopian ideas. The point I tried to make in my previous oil, we develop our own resources—like Alas- However, Professor B. and the wiser radi- memo is that in issues like this, of environ- kan oil. We can do this as well as ‘‘increase cals know, especially in the wake of Sep- mental protection and economic develop- efficiency of our economy,’’ as you desire. tember 11, that they cannot be so up front S11524 CONGRESSIONAL RECORD — SENATE November 7, 2001 with their anti-Americanism. So he had to theless, these are Eskimo children. You This is an issue of special importance to grit his teeth and refrain from replying as I can see telephone polls, snow. Nobody California. Too much of our energy comes more or less waved the stars and stripes in shovels the sidewalks off, I grant you, from the Middle East. The Plan I sent up to front of him. It must have infuriated and but they are there by choice. They are Congress promotes conservation, expands en- frustrated him. ergy supplies and improves the efficiency of Good, Let’s hope he stays wordless, and real people living in an area where our energy network. Our country needs that the sustainability project molders in in- some people say there is no footprint. greater energy independence. activity. But I wouldn’t be so sure. These ad- It is totally inaccurate. October 4, 2001: vocates for environmental causes always What we are looking at is the merits But there are two other aspects to a good, have a lot of time on their hands. of trying to bring a fair evaluation of strong economic stimulus package, one of Mr. MURKOWSKI. These articles the issue. Some have said: I am going which is trade promotion authority. And the highlight the reality of the issue of the to filibuster this bill. other is an energy bill. Gwich’ins, which is a legitimate con- Think about it. What they are talk- And I urge the Senate to listen to the will of the senators and move a bill—move a bill cern they have over the Porcupine car- ing about filibustering addresses the that will help Americans find work and also ibou herd, and the realization that now national energy security of this coun- make it easier for all of us around this table this issue has taken on a new dimen- try. to protect the security of the country. The sion because most of the Gwich’ins live Where is our President on the issue? less dependent were on foreign sources of in Canada. There is a small portion On October 31, October 26, October 17, crude oil, the more secure we are at home. who live in Alaska in this general area. October 4—he has made statements We’ve spend a lot of time talking about I might add, this line shows the divi- begging, if you will, and I wish he homeland security. An integral piece of sion between the United States and would direct that this body pass an en- homeland security is energy independence. Canada. Here is the Canadian activity And I ask the Senate to respond to the call ergy bill. The House has passed H.R. 4. to get an energy bill moving. going on on the Canadian side. This is Here is a statement the President primarily, of course, the home of the made: Mr. MURKOWSKI. It is not just the Senator from Alaska crying in the Gwich’ins. Nearly 90 percent of the But there are two aspects to a good strong Gwich’ins live in Canada. Only 800 live economic stimulus package, one of which is dark. We have heard from Gale Norton, in Alaska. The Alaska Gwich’ins live an energy bill. Secretary of Interior, saying it is in the national energy security interests only 250 miles from the coastline. Our He asked for an energy bill each time of this country to reduce our depend- Gwich’ins are down here in the that he has had an occasion to speak ence, and the best way to do it is basi- Gwich’in area of the Arctic village. on energy. Again in October: What we have here is a massive pub- cally to open up this area because we I ask Congress to act now on an energy bill have the technology to do it. We can lic relations effort, funded by extreme that the House of Representatives passed environmental groups, to suggest that back in August. create American jobs. somehow the Gwich’in people’s life- Also, we have heard from the Sec- I ask unanimous consent these state- retary of Energy, indicating the sig- style is at risk in opening this area. ments of the President on those dates They never acknowledge what is going nificance of what this can mean to re- be printed in the RECORD. ducing our dependence. on with the same Gwich’ins on the Ca- There being no objection, the mate- We have had the Secretary of Vet- nadian side, where they see an oppor- rial was ordered to be printed in the erans Affairs, Anthony Principi, indi- tunity for better employment, health RECORD, as follows: care, a better way of life for their cate that America’s veterans who PRESIDENT GEORGE BUSH’S COMMENTS ON fought the wars—and I will reflect on young people. It is important to under- ENERGY stand this issue is more than a public one comment made by a former Mem- October 31, 2001: ber, Mark Hatfield, who was a pacifist relations issue by the Sierra Club and And I want the Congress to know that others, suggesting that somehow the there is more to helping our economy grow and a good friend of ours. He said: I Porcupine caribou herd is going to be than just tax relief or just spending. And would vote for opening ANWR anyday decimated by a mild amount of activ- there’s two items I want to briefly touch on. rather than send another American ity here, when clearly this is the indi- One is an energy plan. man or woman overseas to fight a war cation of the path of the migratory Our nation needs an energy plan, an energy in a foreign country over oil. caribou herds, and the Canadians run a plan that encourages conservation and en- That is what we are doing. We did courages exploration. And I believe we can highway right across the pass. that in the Persian Gulf conflict. We do both in a responsible way. And we need to fought a war over oil to keep Saddam This is an open season when the car- modernize the infrastructure that develops ibou come through and as a con- energy from point A to point B, from plant Hussein from going into Kuwait and sequence we have the pot calling the to consumer. We need to get after it. It is moving on into Saudi Arabia. kettle black, if you will. our national interest that we have an energy If we look at affairs in the Mideast It is important that Members take plan, one designed to make us less reliant now and consider the vulnerability as- the time to understand this issue and upon foreign sources of energy. sociated with that area and our de- reflect on it. I am going to go through October 26, 2001: pendence on Saudi Arabia and the a couple of other points relative to Tax relief is an essential step, but it’s not weakness of the royal family and Bin the only step we should take. We need an en- Laden’s terrorist activities that would items that need evaluation. Some sug- ergy plan for America. Under the leadership gest there is no footprint up here in of the vice president, we drafted a com- disrupt those oilfields—we are sitting ANWR, and as a consequence it is a prehensive, commonsense plan for the future on a situation very similar to what we pristine area. That is totally false. of this country. saw maybe 30 years ago with the fall of This is the village of Kaktovik. There It passed the House of Representatives. It the Shah in Iran. That situation could are real people who live here. You can needs a vote in the United States Senate. Oh, happen, dramatically, overnight. see their homes here, and so forth. This I understand energy prices are low right We could face a terrorist attack on is the spring breakup. It might not be now. Thank goodness. But that shouldn’t the Straits of Hormuz. Why are we lead our nation to complacency. We need to waiting? a very pretty picture in the sense of be more self-reliant and self-sufficient. It is the color, but it shows you the Arctic in our nation’s national interest that we de- Let me tell you something. I mean Ocean, and so forth. The winters are a velop more energy supplies at home. It is in this in all candor. This issue has been little tough up there. our national interest that we look at safe a godsend to the extreme environ- This is another picture of a village nuclear power. It is in our national interest mental community. It is an issue that and this is in the 1002 area, physically that we conserve more. It is in our national they have been milking for revenue and there. There are schools, a health clin- interest that we modernize the energy infra- dollars and will continue to do so until ic, there is an airport. The village peo- structure of America. It’s in our national in- the very end. When it finally passes, terest to get a bill to by desk, and I urge the they will move on to another issue. It ple and their lifestyle is as they have Senate to do so. chosen it to be there. October 17, 2001: has been a cash cow because they I will show you a little picture of the And I ask congress to now act on an energy refuse to argue the merits of if it can children going to school. It is kind of bill that the House of Representative passed be opened safely. It can. We have 30 tough up there in the morning. Never- back in August. years of experience in the Arctic. November 7, 2001 CONGRESSIONAL RECORD — SENATE S11525 Where would we be today if we didn’t The PRESIDING OFFICER. Without us basically to get us to oppose some- have Prudhoe Bay? objection, it is so ordered. thing that most American natives sup- The same arguments today being Mr. CAMPBELL. Mr. President, be- ported. used against opening this area were fore I do so, I would like to make a Mr. MURKOWSKI. I thank my great used 27 years ago against opening couple of comments based on Senator friend from Colorado. We have enjoyed Prudhoe Bay: You are going to build a MURKOWSKI’s observations. many meetings together in conjunction fence across Alaska, 850 miles. The car- I think he is absolutely right on with his responsibilities as chairman of ibou are not going to be able to cross point. About a third of Senate Mem- the Indian Affairs Committee. He has it. It is going to break up the perma- bers are veterans. Several are veterans been an outstanding proponent of frost. All these arguments failed be- of World War II. One of my comments American Indian opportunities. cause it is one of the engineering won- will certainly not surprise them. His reference to history and what ders of the world. I ask the Senator if he remembers happened in North Africa is certainly Let’s be realistic. America’s veterans the story about how we won the North appropriate to our energy dependence have spoken. We have had press con- Africa Campaign in World War II when on the Mideast. We just need to look at ferences: The American Legion, Vet- some of the world’s great generals were the terrorist activities associated with erans of Foreign Wars, AMVETS, pitted against each other: General Pat- September 11. We have found that most Catholic War Veterans of America, ton from America and Field Marshal of the individuals responsible for tak- Vietnam Veterans Institute. The Vet- Montgomery from Great Britain on the ing down the buildings in New York erans of Foreign Wars are for it. The Allied side, and Field Marshal Rommel were Saudi Arabian. seniors organizations support it. The on the German side. History shows that I thank the Senator. 60-Plus have come out in support of it, Rommel was not a Nazi. In fact, he was Mr. CAMPBELL. That is right. I as have the Seniors Coalition and the later forced to commit suicide for his hope history doesn’t repeat itself. The United Seniors Association; in Agri- complicity in the events designed to only way we can prevent that is to be- culture, American Farm Bureau, and kill Hitler. come less dependent on foreign oil. National Grange. Organized labor is to- But at that time, the state-of-art (The remarks of Mr. CAMPBELL per- tally aboard. tanks were called Tiger 88s, with 88- taining to the introduction of S. 1644 I know many Members have been millimeter guns in the Panzer Divi- are located in today’s RECORD under contacted by organized labor—by the sions, which outclassed anything that ‘‘Statements on Introduced Bills and International Brotherhood of Team- America and Great Britain had in the Joint Resolutions.’’) sters, by union laborers, by the Sea- North Africa Campaign. Everybody Mr. CAMPBELL. Mr. President, I farers Union, Operating Engineers, knew it. Field Marshal Rommel, of yield the floor and suggest the absence Brotherhood of Plumbers and Steam- course, was one of the great minds of of a quorum. fitters, carpenters—and America’s World War II. Unfortunately, he was on The PRESIDING OFFICER. The business. There are over 1,000 busi- the wrong side. clerk will call the roll. nesses that support opening up this History tells us that one of the rea- The legislative clerk proceeded to area as part of our national energy se- sons we won that campaign was that call the roll. curity bill. we bombed the oil fields. When we cut Mr. BROWNBACK. Mr. President, I I encourage Members to recognize off their oil, the tanks stopped run- ask unanimous consent the order for the reality that we are going to get a ning. the quorum call be rescinded. vote on an energy bill under one of two I remind my colleagues that they The PRESIDING OFFICER. Without provisions. Either the Democratic lead- still run on oil. They do not run on objection, it is so ordered. ership is going to respond to the Presi- wind power or solar power. Mr. BROWNBACK. Mr. President, I dent’s request to bring up an energy I am absolutely supportive of Sen- ask unanimous consent to speak in bill before this body or work out some ator MURKOWSKI’s belief that there is a morning business for up to 5 minutes. time agreement that is reasonable. We national security connection with The PRESIDING OFFICER. The Sen- can take it up, have amendments, and being less dependent on foreign oil. He ator has that right. have an up-or-down vote on it. It mentioned the statistics and how de- f shouldn’t be a filibuster issue. Imagine pendent we are. It really should not filibustering on our national security. come as a big surprise to most Ameri- LAND FOR THE FORT SCOTT It has never been done in this body be- cans if we tell them we are more de- NATIONAL CEMETERY fore. We should have an up-or-down pendent on Iraqi oil than we were be- Mr. BROWNBACK. Mr. President, I vote. rise today to recognize an activity that Let us recognize it for what it is. If fore the war. In fact, 25 percent of the we don’t get the assurance from the oil we import, as I understand, comes is going on in my home State of Kansas Democratic leader to take up an en- from the Saudis, who every year divide that I think is quite commendable. ergy bill, then our other opportunity is much of the billions of America dollars Thirteen veterans from Fort Scott, KS, a stimulus bill. And it will be on the among the 300 members of the extended have expanded the lifespan of the Fort stimulus bill. The House has done its royal family, one of whom is Bin Scott National Cemetery by about 35 job. It passed an energy bill, H.R. 4. It Laden. It just defies common sense years through their hard work and will be on the stimulus bill. that because we cannot cut this umbil- dedication. When you think about stimulus, you ical cord, we are actually paying peo- I point this out because I think this think about what other stimulus provi- ple for oil so they can buy weapons is what America is all about. It is sions we have talked about which will with the intent of killing. about a can-do atmosphere and about provide nearly $1.5 billion worth of rev- I want to tell the former chairman people taking it upon themselves to do enue from lease sales to the Federal that I am absolutely in support of his something that they believe is not get- Treasury. It will employ a couple hun- efforts. When I was chairman of the In- ting done; and making it happen. dred thousand Americans in ship- dian Affairs Committee, I had many With about 1,100 World War II vet- building, and so forth. It will not cost opportunities to visit with Native Alas- erans dying every day, many veterans the taxpayer one dime. I challenge my kans and native peoples of the North. I cemeteries are struggling to accommo- colleagues to come up with a better an- found that almost to the person, when date veterans’ burials. That is true in swer. they would come down to lobby about my State as well. According to the U.S. Thank you for the opportunity to ANWR, the Native Alaskans who are Department of Veterans Affairs, by speak this morning. I yield the floor. American citizens supported opening of 2008, the annual number of deaths of The PRESIDING OFFICER (Mr. ED- ANWR. The only ones opposed to it veterans from all U.S. conflicts will WARDS). The Senator from Colorado. were the people who were natives of reach 620,000, or about 1,700 a day. Mr. CAMPBELL. Mr. President, I ask Canada, Canadian citizens. There was Fort Scott National Cemetery is one unanimous consent to speak for up to no question in my mind when I asked of 12 Civil War national cemeteries. It 10 minutes as if in morning business for them how they got here and who paid was dedicated in 1862 by President the purpose of introducing a bill. their bills, they were being spoon fed to Abraham Lincoln. I grew up just north S11526 CONGRESSIONAL RECORD — SENATE November 7, 2001 of Fort Scott, about 40 miles away. It The PRESIDING OFFICER. Without trict, and that was money coming di- was an old Indian fort early on. Then it objection, it is so ordered. rectly out of the education system. In was used, obviously, as well, during the f fact, before the caps were put in place, Civil War. attorney’s fees represented $14 million In a concession to make space for RECESS of the DC school budget. Since the caps veterans wanting to be buried at the Mr. REID. Mr. President, I ask unan- have been put in place, we have had a Fort Scott National Cemetery, burial imous consent that the Senate stand in figure of $3.5 million per year average spots are currently being made small- recess until the hour of 2:30 p.m. for attorney’s fees, and the extra $10.5 er, and sloping land that originally was There being no objection, the Senate, million has been able to go into the deemed unusable is now being used. at 1:32 p.m., recessed until 2:30 p.m. and services we are seeking to provide for Thanks to the extraordinary efforts reassembled when called to order by handicapped and special needs chil- of these veterans I have mentioned, the Presiding Officer (Mr. MILLER). dren. these 13 veterans, working as the Fort Moreover, we have been informed by Scott National Cemetery Expansion f the District of some of the excessive Committee, 10 acres of land will be CONCLUSION OF MORNING fees that were being billed before the added to the cemetery. This land, just BUSINESS caps. This is billing the school district across the old stone wall from the cem- for plaintiff’s lawyer fees when the etery, was purchased by the 13 vet- The PRESIDING OFFICER. Morning business is closed. plaintiff has been successful. One attor- erans, who took out a loan, and who ney before the caps individually made then sought contributions and worked f $1.4 million in fees in 1 year suing the the crowds at American Legion and DISTRICT OF COLUMBIA APPRO- District of Columbia schools. VFW halls throughout the region to PRIATIONS ACT, 2002—Continued Another law firm billed over $5 mil- raise money to pay off the loan. Once lion in a single year to the District of the loan was paid off, the veterans do- The PRESIDING OFFICER. Under Columbia schools. Submission of a va- nated the land to the Department of the previous order, there are now 20 riety of questionable expenses, includ- Veterans Affairs. minutes of debate evenly divided on ing flowers, ski trips, and even a trip to On Veterans Day, this year, Novem- the Hutchison amendment. The Chair New Orleans ostensibly made to scout ber 12, 2001, this land will be dedicated recognizes the Senator from Louisiana. out private schools far from the Dis- and ready to handle about 3,300 burial Ms. LANDRIEU. Mr. President, I un- trict that might be able to accommo- sites. I applaud the initiative of these derstood it was 30 minutes equally di- date special needs students. Fort Scott veterans who have success- vided. The reason we are trying to put some fully undertaken the effort to expand The PRESIDING OFFICER. The Sen- reasonable caps on these attorney’s this historic cemetery and provide a ator is correct. fees and excessive billings is so the place of honor for veterans and their Ms. LANDRIEU. Mr. President, I sug- money will go into education. Our eligible dependents for several decades gest the Senator from Connecticut be amendment has a cap of $150 an hour. If to come. recognized—and this has been cleared a lawyer billed 2,000 hours at $150 an I point this out because Fort Scott on both sides—as in morning business hour, that would be a $300,000 annual National Cemetery is one of the oldest for 7 minutes. income. veterans cemeteries in the country, (The remarks of Mr. DODD are printed So, we are not saying lawyers should dedicated by Abraham Lincoln. It is in today’s RECORD under ‘‘Morning not make a reasonable amount, and we filled up—or soon will be full. These Business.’’) are certainly not subjecting parents to veterans, by their own initiative, se- The PRESIDING OFFICER. The Sen- lawyers who cannot make a living. I cured the loan, purchased the land, got ator has used his 7 minutes. think $150 an hour is quite respectable. the loan paid off, and donated it to the Mr. DODD. I thank my colleagues. That is why we have tried to reach out Department of Veterans Affairs, which The PRESIDING OFFICER. Who to the other side and do something is receiving the land, and now will be yields time? that is reasonable but not exorbitant. able to provide an additional 3,300 bur- The Senator from Nevada. We are trying to help the District of ial sites for veterans. Mr. REID. Mr. President, so there is Columbia schools. We have a letter I think that this is such a commend- no misunderstanding, I have spoken from the superintendent of schools and able thing that these veterans have with Senator LANDRIEU and Senator the president of the school board re- done. I will be there on November 12, HUTCHISON, and the unanimous consent questing us to take this action. They along with a number of other people, to request Senator LANDRIEU made takes are very concerned that millions of recognize and honor what these men 31⁄2 minutes off each side. dollars will go into lawyer’s fees rather have done. I think it is wholly appro- The PRESIDING OFFICER. That is than to improve the services they give. priate to recognize what they have the Chair’s understanding. In fact, they are increasing the number done in this body as well. Who yields time? of teachers for special needs students. Mr. President, I yield the floor and The Senator from Texas. They are increasing the amount of suggest the absence of a quorum. Mrs. HUTCHISON. Mr. President, I medical equipment for these special The PRESIDING OFFICER. The want to use 5 minutes and be informed needs students, and that is exactly clerk will call the roll. at the end of 5 minutes so Senator what we want them to do. So I am try- The legislative clerk proceeded to DURBIN may take the floor, and I would ing to be helpful to the DC schools. call the roll. like to reserve the remainder of my Mr. TORRICELLI. Mr. President, I Educators are the ones who can best time. ask unanimous consent that the order determine need. The PRESIDING OFFICER. The Sen- Our amendment also has an out; that for the quorum call be rescinded. The PRESIDING OFFICER. Without ator will be notified. if the District itself believes the caps objection, it is so ordered. Mrs. HUTCHISON. I thank the Chair. are too low, they have the ability to (The remarks of Mr. TORRICELLI are Mr. President, my amendment at- override this amendment and this act printed in today’s RECORD under tempts to be a compromise between of Congress and increase the fee caps, ‘‘Morning Business.’’) those who wish to take the caps off the with the mayor and the school district Mr. TORRICELLI. Mr. President, I attorney’s fees for suing the District of working together. suggest the absence of a quorum. Columbia School District and what I I think that takes care of letting the The PRESIDING OFFICER. The think is a quite reasonable approach, local people have a final decision, clerk will call the roll. which is to keep the caps but raise doing what they have asked us to do in The legislative clerk proceeded to them. putting on reasonable caps, as they are call the roll. For the last 3 years, we have had caps trying to do the very difficult job of Mr. REID. Mr. President, I ask unan- on attorney’s fees. That was made nec- providing a quality education for all imous consent that the order for the essary because of the exorbitant fees the students of the District of Colum- quorum call be rescinded. that were being charged to the Dis- bia. November 7, 2001 CONGRESSIONAL RECORD — SENATE S11527 I was the chairman of the DC Sub- put them in a special education class. District of Columbia: 2,140. As of last committee and I want so much to do If they put up a fight, they have to hire year, that number was cut more than what is right for the District. I learned a lawyer to go through an administra- 50 percent to 1,011—more than a 50-per- their needs, and I worked with the tive hearing. cent drop. mayor and the school representatives The law we passed, for which many of Why? Because the poorest kids in the to try to give them the tools to do the us voted, said if the family prevails, if District of Columbia who cannot afford job they are doing. That is why I feel the child goes into special education, to have their families pay for a lawyer strongly enough to offer this amend- the court can decide to pay the attor- cannot get to court, cannot get into ment so the millions of dollars that ney’s fees for the family. Otherwise, special education. Imagine the life of have been actually assessed against the what would happen? Exactly what has that small child which has been de- school, even though it was against the happened in the District of Columbia cided at an early age, which says that law by one of the judges, will not be right now because of Senator whether they have a learning dis- able to be collected. It would be HUTCHISON’s amendment the previous ability, a physical handicap, or a men- against the Federal law for retroactive years. tal disability, they do not have a fees to be collected. Poor kids from poor families cannot chance. If the District of Columbia The PRESIDING OFFICER. The Sen- afford lawyers. As a result, they do not school system turns them down, they ator has used 5 minutes. get representation. They do not get a are finished because under Senator Mrs. HUTCHISON. I will stop there, chance to go into special education HUTCHISON’s amendment they would and I reserve the remainder of my classes. limit the attorneys to being paid $3,000 time. Senator HUTCHISON wants to limit and not one penny more. The PRESIDING OFFICER. Who the attorney’s fees to stop the poor I want to say something about the yields time? children in the District of Columbia attorneys who are involved in this. I The Senator from Illinois. who are seeking special education to made a statement earlier, but I want to Mr. DURBIN. I believe the chair of have a legal voice in the process. That make sure it is clear in the RECORD. our subcommittee has yielded her re- is just plain wrong. If the Senator The men and women involved in this maining time in debate to me. wants to repeal the Children with Dis- practice are doing a great service to I ask the Senator from Texas a sim- abilities Act as it applies all across the families and a great service to our ple question, and a yes or no answer America, let her offer the amendment. Nation, giving these kids a chance for would suffice. We are talking about I would vote against it, but it would be special education to receive their full- limiting the fees paid to attorneys who a fair amendment. est potential. The fact is, if we hold the represent children who are trying to What she is doing is zeroing in on fees to $3,000 as a maximum in these get into special education. Could the this town because some Members of the cases, many attorneys cannot afford to Senator from Texas tell me, is there a Senate and the House cannot help take the case and, sadly, some taking law in her home State of Texas lim- themselves from playing the role of these cases are not prepared to deal iting the fees paid to attorneys in her city councilman and mayor. They just with them because they frankly cannot State who represent children in special love it. They will not leave to the Dis- put in the time necessary to be suc- education cases? trict of Columbia the power to make cessful. Mrs. HUTCHISON. Mr. President, I its own decisions. They want to make The worst part of the Hutchison thank the Senator for the question be- the decisions for it. Whether we give amendment is the fact that even cause, of course, there are not those the District of Columbia 10 percent or though each year she continues to pass kinds of limits in Texas, but neither 20 percent of the money it spends, the this along, to stop the poor kids in the does the State of Texas get 20 percent fact is it is responsible under the same District of Columbia from having ac- of its budget from the Federal Govern- laws as every State in the Union. cess to special education, the courts ment. The Federal Government has the My colleagues ought to see the let- have said they are going to ignore it. constitutional role of making sure the ters I received in opposition to the They continue to award attorney’s fees District runs. That is why we have Hutchison amendment. The Senator to these firms. Now the District of Co- taken on 23 percent of the Federal from Texas would have us believe this lumbia cannot pay out anything more budget. is a battle over whether or not lawyers than Senator HUTCHISON has allowed Mr. DURBIN. I thank the Senator get paid. This letter I received from the them, but the amount of money that from Texas for responding to my ques- Consortium for Citizens with Disabil- the District still owes to these attor- tion. ities makes it clear all of these organi- neys is there and continues to earn in- Reclaiming my time, Mr. President. zations—and these are not bar associa- terest and grow. It is a huge element of Mrs. HUTCHISON. That is why we tions, I might say for the record: debt for the District of Columbia that make sure the Federal taxpayer dollars Easter Seals, the American Occupa- is not being served by the amendment are used wisely. tional Therapy Association, Higher of the Senator from Texas. The PRESIDING OFFICER. The Sen- Education Consortium for Special Edu- I urge all Members to think about ator from Illinois has the time. cation, Council for Learning Disabil- the simple justice of this situation. Mr. DURBIN. I thank the Senator ities, Council for Exceptional Children, Senator HUTCHISON says she is just de- from Texas. Epilepsy Foundation, Helen Keller Na- claring war on trial lawyers. Very few The answer was no. It was a long an- tional Center—oppose the Hutchison trial lawyers are going to take on cases swer, but the answer was no, in Texas amendment. involving special education. It takes a there is no limit on the amount of If it was such a wonderful idea to special attorney with a special dedica- money paid in her home State to attor- stop paying the attorney’s fees so we tion to make it happen. She may pick neys representing the families of chil- could give money for special education, or choose some of the attorney’s fees, if dren who are seeking special education. would you not think these groups that a particular fee is excessive, but each But she is saying with her amendment represent disabled kids would be in has to be approved by the court. If that we are going to change that rule in the favor of this amendment? court and that judge make a decision District of Columbia. No other State in They know better. They know what under the law, we have said that is the the Nation has done what the Senator Senator HUTCHISON is doing. She is tak- way it will apply to Texas, to Lou- from Texas wants to do to the District ing away the legal voice of the poorest isiana, and to the State of Illinois. But of Columbia. kids in the District of Columbia. at this point in time, to take this city, What is this all about? It is about a Then we received letters from some the Nation’s Capital, and say DC chil- law passed by Congress which said we lawyers, and the lawyers tell us what dren will be denied access to special want to give kids with disabilities a has happened as a result of the education at a time when all of the chance for an education. We know Hutchison amendment over the last 3 major disability groups beg us to vote sometimes when they try to seek that years. The number of hearings filed in against the Hutchison amendment is education they have to put up a fight. 1998, before the Hutchison amendment, unfair. The school board says, no, we cannot for special education purposes in the I reserve the remainder of my time. S11528 CONGRESSIONAL RECORD — SENATE November 7, 2001 Mrs. HUTCHISON. Mr. President, we are told that will be good for the ficult for the kids to get the education how much time remains on both sides? children of the District. to which they are entitled. The PRESIDING OFFICER. The Sen- I have not quite gotten that line of It discriminates against low-income ator from Texas has 6 minutes 19 sec- thinking. The bottom line is the people families. Make no mistake, if you live onds, and the Senator from Illinois has elected by the people of the District of in the DC area and you want to get 6 minutes 15 seconds. Columbia want the caps. They did not your child into special education, and Mrs. HUTCHISON. Mr. President, ask me to raise the caps. I did that be- you are wealthy, you will hire a law- please notify me when I have used 4 cause I was trying to come up with yer. But if you are poor, you are out of minutes. I want the right to close on something that would be reasonable, to luck under the Hutchison amendment. my amendment. I will then yield to the try to make sure we were not in any The effect of the cap is to treat the Senator from Illinois. way doing something to harm anyone. children in the District of Columbia Mr. President, I will discuss some of My bottom line is when the super- differently than any other State, in- the issues raised by the Senator from intendent of schools and the chairman cluding the State of Texas. Illinois. First, he says the number and of the school board, elected by the peo- The way to improve special edu- quality of attorneys who take special ple of the District, ask me to keep the cation, according to the District of Co- education cases has declined since the caps and, for Heavens’ sake, not allow lumbia city council, is programmatic. imposition of the cap. This is not sup- a retroactive use of the District’s funds Improve the programs rather than ported by the facts. The number of at- to go to lawyers instead of education, limit the advocacy. The fact is, the in- torney representations in 1997 before to the children of the District, it will efficiency of the DC public school sys- the caps were put into place was over not wash. tem, their inability to deal with the 2,000. Last year, there were 1,700 such I reserve the remainder of my time. legal challenges that face them, has led representations. We have not seen a The PRESIDING OFFICER. The Sen- to this problem. steep decline in the number of attor- ator from Illinois. Although the Hutchison amendment neys willing to take these cases. Most Mr. DURBIN. Mr. President, it should in the last 3 years may have made us certainly, $125 an hour, which is what not come as a surprise the Senator feel good about limiting DC liability, used to be the cap, and $150, which we from Texas says since she put a limita- we have not done it. During that period are proposing, makes a good living for tion on attorney’s fees, few cases are of time, the amounts awarded to attor- a person. filed. That is no surprise. The poor neys for the work they have done have A lawyer working 2,000 hours in a children in this District looking for continued to grow and interest has year earns $300,000 with a $150-an-hour special education cannot get attorneys continued to grow. There will be a day fee structure. It is not as if we are of reckoning for the District of Colum- looking at people who would not be who will do it for $3,000. What happens to those kids? They end up sitting in bia. It is time for us to face reality. able to have a quality of life. This is a These are legitimate debts of the Dis- reasonable amendment. the back of the classroom, falling be- hind. They become discouraged and trict for attorneys who have rep- Second, he made the statement that resented some of the poorest kids in access to special education will be in- drop out. Then think of the problems that follow in their lives. the District of Columbia. If a cap on at- hibited, that the disabled students will torney’s fees in the State of Texas is not be able to get access to this edu- What a great solution offered by the Senator. We are keeping out of special not a good idea, it is not a good idea in cation. Access to special education in the District of Columbia. the District has improved since the im- education kids who have learning dis- abilities, mental and physical handi- I ask Members to remember the sim- position of attorney fee caps in 1999. ple fairness that if we stand for special caps. That is the outcome. We can The backlog of IDEA initial assess- education and access for all children, tighten up the system even more, I say ments shrank from 1,805 before the poor and rich alike, you cannot deny to the Senator from Texas, by limiting caps to 143 as of March 2001. The back- for those poor children the voice and how many children can go into special log of hearings has been reduced from the process they need to get into education. Then think of how much 900 to 20 during the same period. Over- school. The Hutchison amendment de- money would be spent per pupil. That all expenditures for special education nies to these children and their fami- is not fair. It is not just. in the District have increased 38 per- lies a chance for special education. When she says we ought to do this be- cent since the caps were imposed. The That is wrong. It is unjust. I hope my cause the DC public school board wants number of new special education place- colleagues will join me in voting it done, I am sorry, I have seen the DC ments, the number of children who against the Hutchison amendment. have been able to be served, has in- public schools. I have seen reports on The PRESIDING OFFICER. The Sen- creased from 8,120 before the fee caps to them for years. And I frankly think the ator from Texas. 11,991 last year. The argument that management of the DC public schools Mrs. HUTCHISON. Mr. President, children are being denied access is not could be a heck of a lot better. It is one how much time is left on both sides? supported by the facts. More children of the reasons the District of Columbia, The PRESIDING OFFICER. The Sen- have been able to be accommodated be- year in and year out, has such poor rat- ator from Texas has 2 minutes and 6 cause the money is going into special ings by the Annie Casey Foundation seconds. The Senator from Illinois has education and not into the coffers of when it comes to the quality of life for 27 seconds. lawyers. children. Mrs. HUTCHISON. I ask the Senator The Senator talks about who is Let me tell you something else the from Illinois if he has any further use against my amendment. Let’s talk DC public schools did not tell you. The for his time or has he yielded back? about who is for my amendment. The average cost per case before the I want to address a couple of points school board of the District of Colum- Hutchison cap for attorney’s fees, for made by the Senator from Illinois. He bia is elected by the people of the Dis- those representing kids going into spe- says it is no surprise that since the trict. They are for this amendment. cial education, was between $7,500 and caps were put in place there were fewer They have asked the caps be left in $10,000. That is the average. Senator lawsuits filed. No, that is not the issue. place because they know the money HUTCHISON gives reference to $1 million The issue is that more students are ac- can go into education, and they are here and $1 million there. That is not tually being served and there is no very concerned if the caps go off and the case. charge by anyone that there is a denial the judge who has been awarded law- What you have here is as a result of of due process. yer’s fees, even against the Federal the Hutchison amendment, the DC city In fact, before the caps went into law, has said he is going to require the council has said we should keep in place there were 8,120 special need stu- District to pay the fees that were ille- mind in voting against the Hutchison dents in the DC schools. Now there are gal, which is a convoluted reasoning, at amendment—8 out of 13 members of the 11,191. There are only fewer than 50 the very best, but nevertheless the city council said by putting the cases even left pending. judge has said he is going to do it. Hutchison cap on the payment of fees I think the District is now getting a We are told we better lift the caps so for those who want to get kids into handle on the situation. They are put- the judge can go ahead and do it, and special education, it makes it more dif- ting more students in the classrooms. November 7, 2001 CONGRESSIONAL RECORD — SENATE S11529 That is because they have the money are doing. We had committed to a vote Sarbanes Stabenow Wyden Schumer Torricelli not going to lawyers but going into on the Hutchison amendment, which is Specter Wellstone education. That is why the elected rep- supposed to be at this time. Then I am resentatives of the school district have aware of no other amendment to this The amendment (No. 2110) was agreed asked that the caps be left in place. bill, and we could move to final pas- to. We are raising the caps to keep in sage. Mrs. HUTCHISON. Mr. President, I move to reconsider the vote. step with the times. One hundred and I am also aware that Senator LEVIN Mr. REID. I move to lay that motion fifty dollars an hour certainly will get had a request for a colloquy about a on the table. a quality lawyer. I think that has been subject that he is very interested in. I The motion to lay on the table was proven. The fact is, before the caps, wanted to bring that to the attention these were the kinds of abuses that the agreed to. of our leader. Mr. REID. Mr. President, I ask unan- attorneys made of the system. One at- Mr. REID. I say to my friend from torney, before the caps, earned $1.4 mil- imous consent that Senator CLELAND Louisiana, I guess the question is be recognized to speak in morning busi- lion in fees alone on suing the District whether or not Senator DURBIN’s mo- schools. One law firm billed over $5 ness for up to 10 minutes and that fol- tion to table would be in order and it is lowing his statement, there be 30 min- million in fees in a single year, suing according to the unanimous consent the District schools. There were sub- utes for debate with respect to the Dur- agreement. I don’t know if there was bin amendment which he will offer and missions of incredible expenses, asking some other agreement. the District to pay for flowers, for a that the time be equally divided and Ms. LANDRIEU. Mr. President, I sug- controlled and that no amendments be trip to New Orleans to supposedly gest the absence of a quorum. scout out another school where they in order prior to the vote on the The PRESIDING OFFICER. The amendment. would argue a child should be sent, a clerk will call the roll. ski trip—my goodness. Mr. DURBIN. Reserving the right to The senior assistant bill clerk pro- object, I would like to amend that so I We need some limitations on these ceeded to call the roll. kinds of abuses. That is what the have the same opportunity the Senator Mr. DURBIN. Mr. President, I ask from Texas had for an up-or-down vote. amendment would do. unanimous consent the order for the The District is asking us to do this. Mr. REID. That was done. quorum call be dispensed with. It has worked well. It has allowed the The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without District to increase its ability to serve objection, it is so ordered. objection, it is so ordered. the special needs students and the The Senator from Georgia. Mr. DURBIN. Mr. President, I ask amendment also allows the mayor and (The remarks of Mr. CLELAND per- unanimous consent to withdraw my the school superintendent to increase taining to the introduction of S. 1650 motion to table. the caps if they think it is necessary. are located in today’s RECORD under I urge my colleagues to vote for this The PRESIDING OFFICER. Without ‘‘Statements on Introduced Bills and amendment for the DC children, the objection, it is so ordered. Joint Resolutions.’’) schoolchildren of the District. Mr. REID. I ask for the yeas and nays The PRESIDING OFFICER. The Sen- Mr. REID. I ask unanimous consent on the amendment. ator from Illinois is recognized. that upon disposition of all amend- The PRESIDING OFFICER. Is there a AMENDMENT NO. 2111 ments to H.R. 2944, the District of Co- sufficient second? Mr. DURBIN. Mr. President, I send lumbia Appropriations bill, the bill be There is a sufficient second. an amendment to the desk. read a third time and the Senate pro- The question is on agreeing to the The PRESIDING OFFICER. The ceed to vote on passage of the bill; that amendment. The clerk will call the clerk will report. upon passage, the Senate insist on its roll. The legislative clerk read as follows: amendment, request a conference with The senior assistant bill clerk called The Senator from Illinois [Mr. DURBIN], for the House on the disagreeing votes of the roll. himself and Mrs. BOXER, proposes an amend- the two Houses, and that the Chair be The PRESIDING OFFICER (Mr. ment numbered 2111. At the appropriate place insert the fol- authorized to appoint conferees on the JOHNSON). Are there any other Sen- ators in the Chamber desiring to vote? lowing: part of the Senate, with this action oc- SEC. . The limitation on attorneys fees curring with no intervening action or The result was announced—yeas 51, paid by the District of Columbia for actions debate. nays 49, as follows: brought under I.D.E.A. (20 U.S.C. 1400 et seq) The PRESIDING OFFICER. Without [Rollcall Vote No. 329 Leg.] (Sec. 138) shall not apply if the plaintiff is a objection, it is so ordered. YEAS—51 child who is— (a) from a family with an annual income or All time for the amendment has ex- Allard Feinstein McConnell pired. The Senator from Illinois. Allen Fitzgerald Miller less than $17,600; or Mr. DURBIN. I move to lay the Bennett Frist Murkowski (b) from a family where one of the parents Hutchison amendment on the table and Bond Gramm Nickles is a disabled veteran; or Brownback Grassley Roberts (c) where the child has been adjudicated as I ask for the yeas and nays. Bunning Gregg Santorum neglected or abused. The PRESIDING OFFICER. Is there a Burns Hagel Sessions Mr. DURBIN. Mr. President, it is my sufficient second? Byrd Hatch Shelby Mrs. HUTCHISON. Mr. President, Campbell Helms Smith (NH) understanding, pursuant to the unani- didn’t the unanimous consent agree- Chafee Hutchinson Smith (OR) mous consent request, that there are 30 Cochran Hutchison Snowe minutes equally divided. I will not use ment say there would be a vote on my Collins Inhofe Stevens amendment? I ask there be a direct Craig Jeffords Thomas the 15 minutes on my side. vote. DeWine Kyl Thompson The PRESIDING OFFICER. The Sen- Mrs. BOXER. Reserving the right to Domenici Lott Thurmond ator is correct. Ensign Lugar Voinovich Mr. DURBIN. I hope to bring this object, could we find out if it said ‘‘on’’ Enzi McCain Warner or ‘‘in relation to.’’ If not, the motion amendment to a vote quickly. NAYS—49 would be in order. The purpose of this amendment is to The PRESIDING OFFICER. The Sen- Akaka Crapo Kerry dramatize for those who voted for the Baucus Daschle Kohl Hutchison amendment the types of ator from Nevada. Bayh Dayton Landrieu Mr. REID. I say to the Senator from Biden Dodd Leahy children who will be affected by the Texas, the unanimous consent agree- Bingaman Dorgan Levin limitation on attorney’s fees. Without ment said the Senate proceed to vote Boxer Durbin Lieberman this Durbin amendment, offered by my- Breaux Edwards Lincoln in relation to the Hutchison amend- Cantwell Feingold Mikulski self and Senator BOXER from Cali- ment. Carnahan Graham Murray fornia, literally children from families The PRESIDING OFFICER. The Sen- Carper Harkin Nelson (FL) with less than poverty income, chil- Cleland Hollings Nelson (NE) dren from families where one of the ator from Louisiana. Clinton Inouye Reed Ms. LANDRIEU. Let me try to clar- Conrad Johnson Reid parents is a disabled veteran, or chil- ify it. I may be confused about what we Corzine Kennedy Rockefeller dren from families where there has S11530 CONGRESSIONAL RECORD — SENATE November 7, 2001 been adjudication that the child has I believe the amendment that was Mr. WELLSTONE. Mr. President, I been neglected or abused would have just adopted by this body on a narrow ask for 3 minutes to speak in behalf of been limited in being represented in an vote sends a very bad message. It sends the Durbin amendment. effort to bring them into a special edu- a message that disabled children, chil- Mr. DURBIN. I ask the Senator from cation class. These kids face learning dren in need of special education, sim- Minnesota be yielded 3 minutes. disabilities and other mental and phys- ply are not as important as a govern- The PRESIDING OFFICER. The Sen- ical disabilities. mental entity that has an unlimited ator has that right. The purpose of this amendment is to ability to hire the highest paid attor- Mr. WELLSTONE. Mr. President, I say we are making a clear exception to neys. have not had a chance to examine the Hutchison limitation, and that sec- In the case of the District, I have every word of the Durbin amendment, tion applies to these three categories— learned that, in fact, the District does but my understanding of what the Sen- children and the families as they are go to the private sector, does throw the ator from Illinois has said is when it described in the amendment. I sin- best they can against these children comes to making sure parents of chil- cerely hope that those who vote for and against their families. There is no dren with disabilities have legal rep- this amendment will pause and reflect limit, as my friend from Illinois point- resentation if they need it to make an on the fact that these are only three ed out, on the attorneys the school dis- appeal for their children whom they be- categories of children who will be dis- trict decides to hire. Yet this onerous lieve are not receiving the support and advantaged by the Hutchison amend- amendment that was just adopted education they need, in light of the ment. There are many others, I am quite narrowly treats these children amendment of the Senator from Texas sure, who will come to light as we con- differently. being adopted, when it comes to a sin- sider the impact of her amendment. We have the greatest country in the gle parent or low-income or a disabled To think the District of Columbia, world, and in these days more than Vietnam vet or veteran and other such the Nation’s Capital, would be the one ever we have come to recognize that categories, it is clear these families ab- city in the United States of America every minute of every hour of every solutely should not be without legal where we would not give the full pro- day. One of the reasons is that before representation. Therefore, the amend- tection of the laws to the poorest chil- the law, everyone is equal. That is ment of the Senator from Texas would dren is unacceptable. At least with this what we stand for: Before the law, ev- not apply. amendment, children in three cat- eryone is equal. My colleague from Illinois has made But when we say to a governmental egories will have a fighting chance, if an appeal to Senators to avoid the entity it can pay whatever it wants they need special education to have harshness, to make sure there is the against a family who has a child in any opportunity to be successful in legal representation for families who need of special help, but then we re- life. need it, to make sure we are on the strict the kind of attorney, the number Ms. LANDRIEU. Will the Senator side of vulnerable children and vulner- of dollars that can go to fight that yield for a question? able families. Mr. DURBIN. I will be glad to yield. child’s battle, we are setting up a play- This amendment is compassionate. ing field that is not level. Ms. LANDRIEU. Mr. President, I This amendment goes directly to what That is why I am so happy the Sen- know the Senator from California is is at issue. I hope there will be 100 ator from Illinois, with the support of here to speak on the amendment. I the chair of the subcommittee, Senator votes for the amendment offered by the think the amendment the Senator from Senator from Illinois. I add my sup- LANDRIEU, has put forward this amend- Illinois has offered has a great deal of ment for the two of us because what we port. merit. If we are called to vote on it, we Mr. President, I suggest the absence are saying is: Let’s take a look at these will be happy to vote for this amend- of a quorum. children. Let’s not just have some ment because it points out some of the The PRESIDING OFFICER. Without vague amendment that says attorney’s real problems we are trying to resolve. objection, it is so ordered. The clerk fees shall be limited. That always looks My question for the Senator from Il- will call the roll. good on a voting record, but if we dig linois is, I have some language that I The legislative clerk proceeded to a little bit, what do these kids look am prepared to offer requesting the call the roll. like? A lot of them are living in pov- GAO to study some of the costs associ- Ms. LANDRIEU. Mr. President, I ask erty. A lot of them are abused and ne- ated not just with the District but for unanimous consent that the order for glected. Some have parents, one or other districts in the Nation that have the quorum call be dispensed with. two, who served in the military who comparable demographics and size. The PRESIDING OFFICER. Without may be disabled. These families need Will he mind if we discuss the possi- objection, it is so ordered. special help for these special children. Ms. LANDRIEU. Mr. President, we bility of including this language as we I am very proud to be a cosponsor of are ready to vote on this amendment. debate his amendment and perhaps de- this amendment. I look forward to a re- The Senator from Illinois perhaps has cide to vote on it if that will expedite sounding vote which will, in fact, some additional time, but if there are this process and get to a vote more change the amendment we just adopted no other speakers, if the Senator from quickly on this bill? and say in these circumstances, which Mr. DURBIN. I say to the Senator, I Illinois wants to call for the yeas and will cover many children I am happy to consider this a friendly amendment. I nays, we probably can have this vote. note, we will not have this double want to have a chance to review it Mr. DURBIN. I want to make certain standard. while the Senator from California is I thank the Chair, and I reserve the the other side has the opportunity, if addressing my amendment. I hope we they want, to speak. Otherwise, I am remainder of the time for Senator DUR- can find a way to deal with this issue. prepared to yield all my time back and BIN. I yield 4 minutes to the Senator from The PRESIDING OFFICER. Who ask for the yeas and nays. California. yields time? The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The Sen- Ms. LANDRIEU. Mr. President, I sug- sufficient second? ator from California. gest the absence of a quorum. There appears to be a sufficient sec- Mrs. BOXER. Mr. President, I thank The PRESIDING OFFICER. Without ond. the Senator from Illinois for his leader- objection, it is so ordered. The clerk The yeas and nays were ordered. ship this afternoon on behalf of chil- will call the roll. Mr. DURBIN. Before I yield the time, dren and families who perhaps have the The legislative clerk proceeded to I want to see if there is anyone on the softest voice. Why do I say that? It is call the roll. other side—the Senator from Texas or because these families are struggling Mr. WELLSTONE. Mr. President, I others—who wants to speak to this with children who have disabilities, ask unanimous consent that the order amendment. who are unable to speak for them- for the quorum call be rescinded. Mr. President, I yield back the re- selves, who need to get special help in The PRESIDING OFFICER. Without mainder of my time under the unani- school and sometimes have to fight and objection, it is so ordered. Who yields mous consent request, and I ask unani- struggle and work to get that help. time? mous consent that all time on this November 7, 2001 CONGRESSIONAL RECORD — SENATE S11531 amendment be yielded back so we can (Purpose: To provide for mandatory ad- ‘‘SEC. 432. PASSENGER AND CREW MANIFEST IN- go to a vote. vanced electronic information for air cargo FORMATION REQUIRED FOR AIR and passengers entering the United States) CARRIERS. The PRESIDING OFFICER. Without ‘‘(a) IN GENERAL.—For every person arriv- On page 68, between lines 4 and 5, insert objection, it is so ordered. ing or departing on an air carrier required to the following: The question is on agreeing to make entry or obtain clearance under the amendment No. 2111. The yeas and nays SEC. 137. MANDATORY ADVANCED ELECTRONIC customs laws of the United States, the pilot, INFORMATION FOR AIR CARGO AND the master, operator, or owner of such car- have been ordered. The clerk will call PASSENGERS ENTERING THE the roll. UNITED STATES. rier (or the authorized agent of such owner or operator) shall provide, by electronic The bill clerk called the roll. (a) AIR CARGO INFORMATION.— transmission, manifest information specified (1) IN GENERAL.—Section 431(b) of the Tar- Mr. NICKLES. I announce that the in subsection (b) in advance of such entry or iff Act of 1930 (19 U.S.C. 1431(b)) is amended— Senator from Nebraska (Mr. HAGEL) is clearance in such manner, time, and form as (A) by striking ‘‘(b) PRODUCTION OF MANI- necessarily absent. the Secretary shall prescribe. FEST.—Any manifest’’ and inserting the fol- ‘‘(b) INFORMATION.—The information speci- The PRESIDING OFFICER (Mr. NEL- lowing: fied in this subsection with respect to a per- SON of Nebraska). Are there any other ‘‘(b) PRODUCTION OF MANIFEST.— son is— Senators in the Chamber desiring to ‘‘(1) IN GENERAL.—Any manifest’’; ‘‘(1) full name; vote? (B) by indenting the margin of paragraph ‘‘(2) date of birth and citizenship; (1), as so designated, two ems; and The result was announced—yeas 73, ‘‘(3) sex; (C) by adding at the end the following new nays 26, as follows: ‘‘(4) passport number and country of paragraph: [Rollcall Vote No. 330 Leg.] issuance; ‘‘(2) ADDITIONAL INFORMATION.— ‘‘(5) United States visa number or resident YEAS—73 ‘‘(A) IN GENERAL.—In addition to any other alien card number, as applicable; requirement under this section, every air Akaka DeWine Lugar ‘‘(6) passenger name record; and Allen Dodd McCain carrier required to make entry or obtain ‘‘(7) such other information as the Sec- Baucus Domenici Mikulski clearance under the customs laws of the retary, by regulation, determines is reason- Bayh Dorgan Murkowski United States, the pilot, the master, oper- ably necessary to ensure aviation transpor- Bennett Durbin Murray ator, or owner of such carrier (or the author- Biden Edwards Nelson (FL) tation safety pursuant to the laws enforced ized agent of such owner or operator) shall Bingaman Feingold Nelson (NE) or administered by the Customs Service. provide by electronic transmission cargo Boxer Feinstein Reed ‘‘(c) AVAILABILITY OF INFORMATION.—Infor- manifest information specified in subpara- Breaux Fitzgerald Reid mation provided under this section may be Burns Graham Rockefeller graph (B) in advance of such entry or clear- shared with other departments and agencies Byrd Harkin Sarbanes ance in such manner, time, and form as the of the Federal Government, including the Campbell Hollings Schumer Secretary shall prescribe. The Secretary Department of Transportation and the law Cantwell Hutchinson Shelby may exclude any class of air carrier for Carnahan Hutchison Smith (OR) enforcement agencies of the Federal Govern- which the Secretary concludes the require- Carper Inouye Snowe ment, for purposes of protecting the national ments of this subparagraph are not nec- Chafee Jeffords Specter security of the United States.’’. Cleland Johnson Stabenow essary. (c) DEFINITION.—Section 401 of the Tariff Clinton Kennedy Stevens ‘‘(B) INFORMATION REQUIRED.—The informa- Act of 1930 (19 U.S.C. 1401) is amended by add- Cochran Kerry Torricelli tion specified in this subparagraph is as fol- ing at the end the following new subsection: Collins Kohl Voinovich lows: ‘‘(t) AIR CARRIER.—The term ‘air carrier’ Conrad Landrieu Warner ‘‘(i) The port of arrival or departure, Corzine Leahy Wellstone means an air carrier transporting goods or whichever is applicable. Crapo Levin Wyden passengers for payment or other consider- ‘‘(ii) The carrier code, prefix code, or, both. Daschle Lieberman ation, including money or services ren- ‘‘(iii) The flight or trip number. Dayton Lincoln dered.’’. ‘‘(iv) The date of scheduled arrival or date (d) EFFECTIVE DATE.—The amendments NAYS—26 of scheduled departure, whichever is applica- made by this section shall take effect 45 days Allard Grassley Nickles ble. after the date of enactment of this Act. Bond Gregg Roberts ‘‘(v) The request for permit to proceed to Brownback Hatch Santorum the destination, if applicable. Mr. DORGAN. Mr. President, the Bunning Helms Sessions Craig Inhofe Smith (NH) ‘‘(vi) The numbers and quantities from the amendment I have offered is an amend- Ensign Kyl Thomas master and house air waybill or bills of lad- ment I have offered on two previous ap- Enzi Lott Thompson ing. propriations bills. I will not go into a Frist McConnell Thurmond ‘‘(vii) The first port of lading of the cargo. long and tortured explanation. The Ad- Gramm Miller ‘‘(viii) A description and weight of the vance Passenger Information System NOT VOTING—1 cargo. ‘‘(ix) The shippers name and address from should now be in the law. But because Hagel all air waybills or bills of lading. of a jurisdictional issue that arose a The amendment (No. 2111) was agreed ‘‘(x) The consignee name and address from couple of weeks ago, it is not in the to. all air waybills or bills of lading. law. In a couple minutes, I will explain Mr. REID. Mr. President, I move to ‘‘(xi) Notice that actual boarded quantities exactly what it is. are not equal to air waybill or bills of lading I just came from S. 207 where I am a reconsider the vote. quantities. Mr. DURBIN. I move to lay that mo- conferee on the aviation security issue. ‘‘(xii) Transfer or transit information. That conference is ongoing right now. tion on the table. ‘‘(xiii) Warehouse or other location of the The motion to lay on the table was cargo. We are dealing with the issue of avia- agreed to. ‘‘(xiv) Such other information as the Sec- tion security which is of great impor- retary, by regulation, determines is reason- tance to all people in this country. AMENDMENT NO. 2112 ably necessary to ensure aviation transpor- How do we make flying more safe and The PRESIDING OFFICER. The Sen- tation safety pursuant to the laws enforced more secure? We are doing that be- ator from North Dakota. or administered by the Customs Service. cause of the concern about terrorism. Mr. DORGAN. Mr. President, I have ‘‘(3) AVAILABILITY OF INFORMATION.—Infor- One of the issues in dealing with ter- an amendment at the desk. mation provided under paragraph (2) may be rorism has been to try to make manda- shared with other departments and agencies The PRESIDING OFFICER. The tory something that has been vol- clerk will report. of the Federal Government, including the Department of Transportation and the law untary with respect to all airlines that The assistant legislative clerk read enforcement agencies of the Federal Govern- are carrying passengers into this coun- as follows: ment, for purposes of protecting the national try. Some 78 million people fly into The Senator from North Dakota [Mr. DOR- security of the United States.’’. this country each year as guests of our GAN] proposes an amendment numbered 2112. (2) CONFORMING AMENDMENTS.—Subpara- country. They come on visas. They are Mr. DORGAN. Mr. President, I ask graphs (A) and (C) of section 431(d)(1) of such guests of the United States. Most of unanimous consent that reading of the Act are each amended by inserting before the them are precleared. Their names are semicolon ‘‘or subsection (b)(2)’’. amendment be dispensed with. (b) PASSENGER INFORMATION.—Part II of provided by airline carriers under what The PRESIDING OFFICER. Without title IV of the Tariff Act of 1930 is amended is called the Advance Passenger Infor- objection, it is so ordered. by inserting after section 431 the following mation System, APIS. They are pro- The amendment is as follows: new section: vided to us in advance so we can run S11532 CONGRESSIONAL RECORD — SENATE November 7, 2001 the names of the people who are com- where; they may not land at an airport Ms. LANDRIEU. I am happy to yield. ing from other countries against a list in this country. Mr. SARBANES. For the past 12 that the FBI has, that the Customs That is all my amendment does. It is years, Food and Friends has been pro- Service has, and that 21 different Fed- supported by the administration. It viding an invaluable and unique service eral agencies have. It is a list to deter- was requested by the administration to people in Washington, DC, eight mine whether any of these people who and should now be law, but is not be- counties of Maryland and seven coun- are coming into the country are known cause we had a squabble here a couple ties in Virginia, living with HIV/AIDS or suspected terrorists or are people of weeks ago and it was kicked out in and other life-challenging illnesses. who are acquainted with and associ- conference. I have offered it previously. The group’s network of over 700 volun- ated with terrorists because we don’t I offer it again today. My under- teers and some 45 chefs, registered di- want them to come to this country. standing is that it will be approved by eticians and other staff provide home- People who come in are guests of ours a voice vote. I also intend to offer it in delivered meals and groceries, nutri- with visas. But if they are on a list of the conference on aviation security, of tion counseling, as well as friendship suspected people who associate with which I am a member and which is now and care to more than 1,300 clients terrorists or who are suspected of ter- meeting in S. 207. daily and the number of people seeking rorist acts, we don’t want them in this I ask for immediate consideration of these services continues to grow dra- country. my amendment. matically. In order to accommodate Eighty-five percent of the people I yield the floor. the service demands, Food and Friends coming into the United States have Ms. LANDRIEU. Mr. President, we has embarked on a $6 million capital their names submitted to this Advance have no further debate. campaign to construct a new facility to Passenger Information System. Fifteen The PRESIDING OFFICER. If there serve its clients. We recognize that the percent do not. is no further debate, without objection, committee was faced with many sig- Among the airlines that do not com- the amendment is agreed to. nificant funding demands in this bill ply with this voluntary system are air- The amendment (No. 2112) was agreed and limited allocations and could not lines from Saudi Arabia, Pakistan, to. accommodate the $2 million in funding Egypt, Jordan, and, until last week, Mr. DORGAN. Mr. President, I move provided by the House. We hold out the country of Kuwait. I could name to reconsider the vote, and I move to hope that, as the Chairwoman and the others. lay that motion on the table. other conferees negotiate with our col- One should ask the question: The motion to lay on the table was leagues in the House, you could find Wouldn’t we want passenger informa- agreed to. some way to provide funding needed by tion from those airlines flying here Ms. LANDRIEU. Mr. President, we Food and Friends. from that part of the world? The an- are ready to move to final passage. Ms. MIKULSKI. We would not make swer is clearly yes. The head of the There are no other outstanding amend- this request unless we were truly con- Customs Service, the Bush administra- ments that will require a vote. vinced of the need and the terrific work tion, and others say this ought to be AMENDMENT NO. 2113 that Food and Friends does. Food and made mandatory. I agree. Ms. LANDRIEU. Mr. President, I Friends serves individuals from diverse I offered the amendment in the Sen- have an amendment by Senator economic backgrounds, but 64 percent ate to make it mandatory on the DEWINE and myself referencing the of their clients live on incomes of less counterterrorism bill. The Senate ap- need for a GAO report. I ask unani- than $550 per month. With the cost of proved that amendment, and we would, mous consent that it be agreed to at medication and treatments for criti- therefore, have mandatory information this time. cally ill individuals estimated at be- about who is coming into this country, The PRESIDING OFFICER. Without tween $500 and $1,000 per month, the and that would be applied to the var- objection, it is so ordered. services provided by Food and Friends ious devices we have in the Customs The amendment (No. 2113) was agreed are critical. This funding would allow Service and the FBI to check these to. the organization to serve more than names. It went to conference with the The amendment is as follows: 2,000 clients daily. The organization other body, and it was kicked out of On page 68, after line 4, insert: has already raised $1.6 million for this conference because of jurisdictional SEC. . The GAO, in consultation with the initiative and expects to raise an addi- issues. Some believed committee juris- relevant agencies and members of the Com- tional $2 million, but needs Federal dictional issues were more important mittee on Appropriations Subcommittee on support to complete the project. For than national security, so they kicked DC Appropriations, shall submit by January me this is a hand-up to Food and it out. 2, 2002 a report to the Committees on Appro- Friends, not a hand-out. priations of the House and the Senate and I stated that I would offer it to the Ms. LANDRIEU. I thank the Sen- bills that are on the floor of the Senate the Committee on Governmental Affairs of the Senate and the Committee on Govern- ators from Maryland. I am certainly until we get it passed and into law. It ment Reform of the House of Representa- aware of this wonderful organization should have been on the tives detailing the awards in judgment ren- and this project and the good work counterterrorism bill the President dered in the District of Columbia that were that they do delivering meals to people signed. Since the day the President in excess of the cap imposed by prior appro- suffering from terminal illnesses and signed that bill, a bill that contains priations acts in effect during the fiscal year AIDS. I know that the Senators from this provision, 180,000 people have come when the work was performed, or when pay- Maryland are very concerned about ment was requested for work previously per- into this country whose names have this matter and I will certainly be will- not been precleared under the Advance formed, in actions brought against the Dis- trict of Columbia Public Schools under the ing to work with you both to see if we Passenger Information System. A fair Individuals with Disabilities Act (20 U.S.C. can include this worthy project in con- number of them came from Pakistan, § 1400 et seq.). Provided further, that such re- ference with the House. Egypt, Jordan, Saudi Arabia, Kuwait, port shall include a comparison of the cause Mr. SARBANES. I thank the Chair and others. of actions and judgments rendered against and look forward to working with her. Does that improve security in this public school districts of comparable demo- Ms. MIKULSKI. As an appropriator, I country? In my judgment, no. We graphics and population as the District. appreciate the efforts of the chairman, ought to do the right thing. This is not FOOD AND FRIENDS and also look forward to working with about committee jurisdiction; it is Mr. SARBANES. Will the distin- her. about national security. In my judg- guished floor manager yield for the Mr. LEVIN. Mr. President, since the ment, we ought to say to all foreign purpose of a colloquy with Senator MI- late-1980s, I have urged the mayors of carriers and airlines coming into this KULSKI and myself regarding Food and the District of Columbia and Commis- country and bringing our foreign Friends, a nonprofit organization that sioners of the DC Taxicab Commission guests that if they do not subscribe to provides meals to adults and children toward implementation of rec- mandatory submission of names under battling AIDS and other life-threat- ommendations from numerous District the Advance Passenger Information ening illnesses in the Washington met- of Columbia studies to replace the cur- System, they are welcome to land else- ropolitan region? rent taxicab zone fare with a meter November 7, 2001 CONGRESSIONAL RECORD — SENATE S11533 system. According to the nationwide Since that time, the District of Columbia ter without further study or delay. The Com- Taxicab, Limousine, and Paratransit Taxicab Commission has developed a pro- mission’s recommendation must be sub- Association, the District of Columbia posed fare structure and conducted the anal- mitted to the City Council for its final re- is the only major city in the Nation ysis requested by the Council. In addition, view and approval. I have assigned my Legis- where taxi fares are calculated by a the Chairman of the Commission has held a lative Director, Jon Bouker, to follow-up number of meetings with drivers, individual with the Commission’s General Counsel, Mr. zone system rather than a meter sys- taxicab owners, taxicab companies, and oth- George Crawford, and with staff from the of- tem. The use of the zone system is es- ers in the industry to explain the impact of fice of City Council Chair Linda Cropp to en- pecially unfair to our great number of the planned change and allay any fears re- out-of-town tourists who have to cope garding implementation of the new system. sure that the process moves forward as expe- with a complicated, confusing zone fare The most recent of those meetings was held ditiously as possible. system with no basis on which to judge last week. I hope that this information is responsive the accuracy of a particular fare. In my It now appears that the Commission is pre- to your concerns. I appreciate that you want own experience, as a DC resident, I pared to act on the proposal. The matter is the District and the Taxicab Commission to have encountered at least 10 different expected to be referred to the Commission’s resolve this matter at the local level. As al- Panel on Rates and Rules for a vote as early ways, if I can be of further assistance on this cab fares for the exact same trip to and as next week and will thereafter be acted or any other matter concerning the District from National Airport. A metered sys- upon by the full Commission and trans- of Columbia, please do not hesitate to con- tem would eliminate this problem. mitted to the Council for final approval. It is tact me. There is a lot of correspondence that anticipated that meters could be required in Sincerely, has transpired over the years on this District taxicabs by early next year. matter. I would like to share with the I thank you for your interest in this mat- ELEANOR HOLMES NORTON. Senate the letter I recently received ter and for sharing my commitment to im- from Mayor Williams. I would also like prove the District’s taxicab industry. Should CONGRESS OF THE UNITED STATES, to include earlier correspondence I re- you require any additional information, do HOUSE OF REPRESENTATIVES, not hesitate to contact me. Washington, DC, October 20, 1998. ceived from Representative ELEANOR Sincerely, Re Taxicab Issue Follow-up. HOLMES NORTON, who I have kept in- ANTHONY A. WILLIAMS. formed at every stage of the taxi meter JACKIE PARKER, issue, as well as several letters from Deputy Legislative Director (Senator Carl MARCH 15, 1999. Levin). the Barry and Kelly administrations. Hon. LINDA W. CROPP, There have been broken promise after Chairman, Council of the District of Columbia, This memo is a follow-up to our recent broken promise. Mayor Williams’ let- Washington, DC. conversations on the taxicab issue. As you ter sets out a course of action. If it is DEAR CHAIRMAN CROPP: I am transmitting know, Senator Levin came in to see the Con- not followed, I intend to bring this for the consideration of the Council of the gresswoman regarding the D.C. Taxicab District of Columbia (Council) a proposed Commission’s reluctance to forward to the matter to a head next year—after two resolution entitled the ‘‘District of Columbia decades of broken promises. City Council the previous Commission’s rec- Taxicab Commission Metered System for De- ommendation to move to a meter system for Ms. LANDRIEU. Mr. President, let termining Fares Approval Resolution of me just say from the outset that I ap- D.C. cabs. Following the meeting with Sen- 1999.’’ The proposed resolution is submitted ator Levin, the Congresswoman called Taxi- preciate my colleague’s comments. The in accordance with D.C. Law 6–97, the ‘‘Dis- cab Commission Chair Novell Sullivan and trict of Columbia Taxicab Commission Es- District of Columbia is the only major City Council Chair Linda Cropp. Council city that does not have a meter system tablishment Act of 1985,’’ as amended, spe- cifically, D.C. Code § 40–1707(b)(1)(B) (1998 Chair Cropp confirmed that the new Taxicab in place. The current zone system com- Commission had not yet forwarded a rec- promises the integrity of the DC taxi- Repl. Vol.). The law provides that the Com- mission’s Panel on Rates and Rules shall not ommendation to the full Council for its con- cab system. The apparent variance authorize a metered system for determining sideration. However, Commission Chair Sul- among cab fares to the same destina- taxicab fares without a 60-day period of livan agreed to schedule the meters issue for tion shows how the current system can Council review of the proposal. a vote before the full Commission at its next be misunderstood and even abused. I If you have any questions regarding this regularly scheduled meeting. That vote oc- deeply appreciate Senator LEVIN’s deci- matter, please contact George W. Crawford curred on October 6, 1998, and the Commis- sion to withhold an amendment at this at the Taxicab Commission. sion voted unanimously to recommend me- time based on the mayor’s letter. And I urge the Council to take prompt and fa- ters to the Council. Once the Council re- I certainly understand that Senator vorable action to approve the Commission’s ceives the transmission (after the Corpora- proposal for the use of meters for deter- tion Counsel reviews the legal sufficiency of LEVIN will be back with his amendment mining taxicab fares at your earliest conven- the transmission and the Mayor gives his ap- if meters are not in place, as indicated ience. in Mayor Williams’ letter, early next Sincerely, proval), it has 60 days to decide whether or year, and I intend to support Senator ANTHONY A. WILLIAMS, not it will approve the recommendations of LEVIN’s efforts to end the current intol- Mayor. the Commission. The Commission does not erably confusing situation. have the authority, on its own, to effectuate Mr. LEVIN. Mr. President, I ask CONGRESS OF THE UNITED STATES, a change to a meter system for D.C. cabs. unanimous consent the letters to HOUSE OF REPRESENTATIVES, I hope that this information is useful. which I referred be printed in the Washington, DC, September 22, 1998. Please do not hesitate to call me if you have Senator CARL LEVIN, any further questions. RECORD. Russell Senate Office Building, There being no objection, the letters JON BOUKER, Washington, DC. Legislative Director and Counsel were ordered to be printed in the DEAR CARL: Thank you for coming in to (Congresswoman Eleanor Holmes Norton). RECORD, as follows: see me last week regarding the failure of the OCTOBER 10, 2001. District to adopt a meter system for cabs, Hon. CARL LEVIN, following the recommendations of several GOVERNMENT OF THE DISTRICT OF Russell Senate Office Building, studies. I very much appreciate your willing- COLUMBIA, TAXICAB COMMISSION, Washington, DC. ness to discuss the matter with me and to Washington, DC December 1, 1998. DEAR SENATOR LEVIN: In accordance with give the District the opportunity to consider JACKIE PARKER, your request, I am writing to advise you of the matter before you consider any action. I Senator Levin’s Office. the status of the introduction of a meter sys- write to provide you with a status report on This is to inform you that the Office of the tem for District of Columbia taxicabs. Let my efforts since our meeting. Corporation Counsel has approved the Taxi- I have spoken directly with the new Chair me state at the outset that I support a cab Commission’s proposal to covert to a change from the current zone system to a of the Taxicab Commission, Chairman Novell meter system for determing fares. The Office meter system. A proposal to that effect was Sullivan and with the Chair of the D.C. City approved by the District of Columbia Taxi- Council, Linda Cropp. Chairman Sullivan has of Chief Financial Officer is reviewing the cab Commission and transmitted to the agreed to submit the matter to the full Com- proposal for fiscal impact on the District. It Council of the District of Columbia for re- mission at its next regularly scheduled meet- is anticipated that the proposal will be view in 1999. At that time, the Council re- ing on October 6th to consider whether the transmitted to the City Council within the quested that the proposal be withdrawn and District should adopt a meter system. Al- next few days. Should you need additional resubmitted with more detailed information though Chairman Sullivan could not say information, please let me know. on the potential impact of increased fares on what the outcome of the vote will be, he is GEORGE W. CRAWFORD, the riding public. eager, as I know you are, to resolve this mat- General Counsel and Secretary. S11534 CONGRESSIONAL RECORD — SENATE November 7, 2001 GOVERNMENT OF THE DISTRICT OF hire industry. Your continued interest and Appropriations Committee approved an COLUMBIA, TAXICAB COMMISSION, support of this issue are helpful and have amendment to remove the ban on the Washington, DC September 9, 1993. been greatly appreciated. use of local funds to implement the Hon. CARL LEVIN, Sincerely, Health Benefits Expansion Act. During Chairman, Subcommittee on Oversight of Gov- SHARON PRATT KELLY. the House debate on the legislation, ernment Management, Russell Senate Office Mr. LEAHY. Mr. President, I rise the provision prevailed, despite an ef- Building, Washington, DC. today in support of the FY 2002 District DEAR CHAIRMAN LEVIN: Thank you for tak- fort similar to the one before us today of Columbia appropriations bill. I want ing time from your very demanding schedule to reinstate the ban on local funds. Our to congratulate Senator LANDRIEU and to meet with me on August 5th. Let me as- colleagues in the House have spoken on Senator DEWINE for their hard work in sure you again that both Mayor Kelly and I this measure, and the Senate has con- crafting this annual appropriations bill understand and share your concerns about curred. taxicab service in the District of Columbia. for the District of Columbia. This is an The Mayor has directed me to resolve the important piece of legislation and they This is a challenging time for our en- long standing issues and problems as quickly have done their best to help ensure tire Nation. During this time, leaders as possible. We sincerely appreciate your that the District of Columbia gets the at all levels of government—especially support and patience as we work toward this resources it needs to run our Nation’s our local leaders—are working to en- goal. sure the safety and preparedness of When we met, you requested a description capital. of specific strategies we are undertaking, in- In addition to many important policy their communities. Mayor Anthony cluding timeframes, to fulfill congressional provisions and essential funding provi- Williams and the local government of mandates and to improve regulation of the sions, this legislation removes several the District of Columbia should be pro- taxicab industry. Our strategies will accom- restrictions Congress has placed upon vided the same opportunity to perform plish three major goals by the end of fiscal the District of Columbia during the those duties, and others, as are enjoyed year 1994: last several years. These congressional by other cities and jurisdictions (1) establishment of an appropriate mecha- provisions have prevented locally throughout the Nation. With the hard nism—zones, meters, a new technology or a passed laws and initiatives from being combination—for calculating taxi fares; work of Senator LANDRIEU, the under- (2) development of a rate-setting method- implemented even with the use of local lying bill recognizes the rights of D.C. ology; and funds. With the leadership of Senator residents and their elected officials to (3) improvement of the Commission’s regu- LANDRIEU, the underlying legislation debate and decide for themselves the latory and enforcement efforts. takes the necessary steps to correct same policy questions that each of the Funding for these initiatives is being pro- those past wrongs. states and cities in our country may vided by fees imposed by the Commission for I am particularly pleased with Sen- debate and decide for themselves. the Taxicab Assessment Fund; no appro- ator LANDRIEU’s leadership in lifting priated funds will be used. Descriptions of The issue of the rights of domestic the restriction limiting the autonomy the strategies and timeframes for each goal partners—like rights for women, racial of the local government in the District are enclosed. minorities, and people with disabil- of Columbia and the rights of domestic Much needs to be done, and I am excited ities—is one of basic civil rights for all about the prospects for improving taxi serv- partners who reside here. For the past people. Individuals should be evaluated ice in the District. My plans and goals for 9 years, Congress has prohibited the the Taxicab Commission, and an overview of District from using Federal or local on the basis of what they can offer and the issues facing the Commission, are pro- funds to enact the locally passed what they can contribute—not on irrel- vided in my testimony that was recently Health Care Benefits Expansion Act. evant considerations like their race, submitted to the House Appropriations Sub- This law, passed by the D.C. City Coun- gender or sexual orientation. It is a committee on the District of Columbia. A question of fundamental fairness. The copy of that testimony is also enclosed for cil in 1992, would allow domestic part- ners to register with the Mayor’s of- United States Congress did not inter- your information. fere with Vermont’s approach to pro- Let me thank you again for your long- fice. The Health Care Benefits Expan- standing support of the District of Columbia, sion Act would require all health care viding equal access to health insurance and your continuing interest in the Dis- facilities to grant domestic partners benefits, or with any of the other cities trict’s taxicab policies and services. I am visitation rights, and allow District and localities throughout the country available to you and your staff if you have employees to purchase health insur- that passed their own laws governing any questions or need additional informa- ance at their own cost for domestic domestic partnership. I strongly be- tion. lieve that Congress should follow its Sincerely, partners. This law recognizes the legal and own example set in those instances, KAREN JONES HERBERT, and should not treat the District of Co- Chairperson. civil rights of domestic partners in the District of Columbia and is similar to lumbia any differently. THE DISTRICT OF COLUMBIA, laws passed by more than 100 jurisdic- Again, I applaud Senator LANDRIEU Washington, DC, August 18, 1993. tions and city governments throughout for her leadership in drafting this bill Hon. CARL LEVIN, this country—including my own State and I encourage my colleagues to vote Russell Senate Office Building, U.S. Senate, of Vermont. Vermont passed its in support of the FY 2002 District of Washington, DC. version of a domestic partnership law DEAR SENATOR LEVIN: I understand you re- Columbia appropriations bill. for health benefits in 1994. Last year, cently met with Karen Herbert, our new Ms. LANDRIEU. Mr. President, as we our State went even further when it chairperson of the D.C. Taxicab Commission. move to final passage on this bill, I took the bold and courageous step of Ms. Herbert has developed an ambitious, but again thank my ranking member for extending the same legal State benefits long overdue reform agenda for the D.C. his very extraordinary and dedicated Taxicab Commission. In addition, she has already enjoyed by married couples to work over the weeks and months to taken steps to improve driver training and same sex couples. testing, complaint resolution and enforce- This restriction Congress placed on bring this bill to the floor and to work ment activities. the D.C. Government sent the wrong out many important and challenging I fully understand your concerns and frus- message to District residents and local issues. Together, we have tried to focus trations and want to assure you that we are our efforts on post-control board finan- aggressively seeking consultants who spe- officials by telling the people of Wash- ington, DC, that the U.S. Senate knows cial discipline and laying a foundation cialize in taxicab regulation and transpor- so that the District, which is in a sur- tation economics to assist us in developing a best how local officials should spend rate methodology and a definitive analysis their local dollars. This restriction plus today because of a lot of hard of meters versus zones. The selection is sent the wrong message to the Amer- work that has been done, will remain scheduled to be made before the end of Sep- ican public by disregarding the rights in a surplus. Together, we have tried to tember and I will be certain that you will be of domestic partners. I am pleased that enhance local decisionmaking, where provided with a timeline that will enable you the Senate has not continued down the appropriate. I believe we have made a to track the progress of this effort. lot of progress along that line. In the months ahead, I intend to work unfortunate path of dictating social closely with Ms. Herbert and will be pur- policy for the District of Columbia. In addition, particularly with Sen- suing initiatives designed to make a visible During consideration of the D.C. ap- ator DEWINE’s excellent leadership, we difference in our regulation of the vehicle for propriations bill last month, the House are reforming the child welfare system November 7, 2001 CONGRESSIONAL RECORD — SENATE S11535 in the District and working with the after story, tragedy after tragedy, of The result was announced—yeas 75, mayor and the local government offi- children who have died in the system nays 24, as follows: cials to do that. We have put signifi- in the District of Columbia. This bill [Rollcall Vote No. 331 Leg.] cant investments in this bill to accom- provides the money to begin to change YEAS—75 plish that end. that system. Akaka Dayton Lincoln In addition, because of the September Senator LANDRIEU and I have also Allen DeWine Lugar 11 attack, we have provided additional been working, along with some of our Baucus Dodd McCain resources for the mayor and the local other colleagues, to get a family court Bayh Domenici McConnell Bennett Dorgan Mikulski government and for regional public of- bill passed. Money in this bill will go a Biden Durbin Miller ficials—our own Senators representing long way to making the changes that Bingaman Edwards Murray Virginia and Maryland—of course, to we have outlined in that family court Bond Feingold Nelson (FL) Boxer Feinstein Nelson (NE) be a part of that to enhance the secu- bill. Breaux Frist Reed rity of the District and this region. This bill we are about to vote on also Burns Graham Reid Finally, we have together made some provides some significant money for Byrd Hagel Rockefeller tremendous headway in providing re- Children’s Hospital in the District of Campbell Harkin Sarbanes Cantwell Hatch Schumer sources to create more excellence in Columbia, which serves not only chil- Carnahan Hollings Smith (OR) the public schools here in DC and re- dren who come from the District but Carper Hutchison Snowe form that system, as well as to step up serves children who come from many Chafee Inouye Specter States. Cleland Jeffords Stabenow the environment and children’s health Clinton Johnson Stevens with some of the projects with which It also provides money for the Safe Cochran Kennedy Thompson Senator DEWINE has been particularly Kids Program, a program that saves Collins Kohl Torricelli helpful. lives. I am convinced the money we Conrad Landrieu Voinovich will provide will help to save the lives Corzine Leahy Warner In closing, I again thank publicly the Crapo Levin Wellstone mayor and the city council chair- of young children in the District of Co- Daschle Lieberman Wyden lumbia. person, Linda Cropp, and all of the NAYS—24 members of the city council who have We also provide money for the Green Door Program, a mental health pro- Allard Grassley Nickles been so helpful in working with us on Brownback Gregg Roberts this bill. gram of which Senator DOMENICI has Bunning Helms Santorum I would like to acknowledge the work been a strong supporter. Craig Hutchinson Sessions Finally, the bill provides, as Senator Ensign Inhofe Shelby of the District chief financial officer, Enzi Kyl Smith (NH) ANDRIEU Dr. Gandhi, and particularly his staff, L indicated, some much needed Fitzgerald Lott Thomas Sam Kaiser, for their work in putting money and resources to tie our commu- Gramm Murkowski Thurmond nications system together in the Dis- the local portion of this bill together. NOT VOTING—1 trict of Columbia. That need has been I want to recognize Representative Kerry ELEANOR HOLMES Norton. She con- apparent for some time. Certainly, tinues to work with us almost daily on after the events of September 11, it is The bill (H.R. 2944) was passed, as fol- these issues. I thank her, and also the even more apparent and more obvious. lows: shadow Senator from the District, Paul So this bill provides money to do that Resolved, That the bill from the Strauss. as well. House of Representatives (H.R. 2944) Our staff members, Cathleen I, again, thank my colleague for her entitled ‘‘An Act making appropria- Strottman, Kate Eltrich, Kevin Avery, great work on the bill. I urge my col- tions for the government of the Dis- Chuck Kieffer, and Mary Dietrich on leagues to vote aye, to pass the bill. I trict of Columbia and other activities the Republican side have been terrific hope we will be able to work any dif- chargeable in whole or in part against in their help bringing us to this point. ferences out with the House fairly the revenues of said District for the fis- I have no further remarks. quickly and get this bill on to the cal year ending September 30, 2002, and The PRESIDING OFFICER. The Sen- President. for other purposes.’’, do pass with the ator from Ohio. Mr. President, I yield the floor. following amendment: Mr. DEWINE. Mr. President, I thank The PRESIDING OFFICER. The Sen- Strike out all after the enacting clause and my colleague, Senator LANDRIEU, for ator from Louisiana. insert: doing a great job on this bill. This is a Ms. LANDRIEU. Mr. President, I That the following sums are appropriated, out bill that will make a difference for peo- know of no further amendments to be of any money in the Treasury not otherwise ap- ple of the District of Columbia, par- offered. I believe we are ready for third propriated, for the District of Columbia for the fiscal year ending September 30, 2002, and for ticularly children of the District. reading of the bill. The PRESIDING OFFICER. The other purposes, namely: I thank Senator LANDRIEU and her FEDERAL FUNDS staff, Chuck Kieffer and Kate Eltrich, question is on the engrossment of the FEDERAL PAYMENT FOR RESIDENT TUITION for their hard work on this bill. amendments and third reading of the SUPPORT I also thank my appropriations team, bill. The amendments were ordered to be For a Federal payment to the District of Co- particularly Mary Dietrich, who has engrossed and the bill to be read a lumbia, to be deposited into a dedicated ac- been working hard on this bill for a third time. count, for a nationwide program to be adminis- long time, as well as Stan Skocki from The bill was read a third time. tered by the Mayor, for District of Columbia my team. Ms. LANDRIEU. Mr. President, I ask resident tuition support, $17,000,000, to remain I also commend and thank the other for the yeas and nays. available until expended: Provided, That such funds, including any interest accrued thereon, members of our subcommittee: Senator The PRESIDING OFFICER. Is there a HUTCHISON, Senator DURBIN, and Sen- may be used on behalf of eligible District of Co- sufficient second? lumbia residents to pay an amount based upon ator REED. There appears to be a sufficient sec- the difference between in-State and out-of-State Mr. President, as Senator LANDRIEU ond. tuition at public institutions of higher edu- has indicated, this was a bipartisan ef- The bill having been read the third cation, or to pay up to $2,500 each year at eligi- fort. This bill makes a downpayment time, the question is, Shall the bill ble private institutions of higher education: Pro- and is a real beginning on what we said pass? vided further, That the awarding of such funds we were going to do several years ago. The clerk will call the roll. may be prioritized on the basis of a resident’s In Congress, we took on the responsi- The assistant legislative clerk called academic merit, the income and need of eligible bility of trying to improve the court the roll. students and such other factors as may be au- system, specifically the court system Mr. REID. I announce that the Sen- thorized: Provided further, That the District of that deals with our young people. I do Columbia government shall establish a dedicated ator from Massachusetts (Mr. KERRY) account for the Resident Tuition Support Pro- not have to remind anyone in this is necessarily absent. gram that shall consist of the Federal funds ap- Chamber of the tragedy of the chil- The PRESIDIING OFFICER (Ms. propriated to the Program in this Act and any dren’s system in the District of Colum- STABENOW). Are there any other Sen- subsequent appropriations, any unobligated bal- bia—headline after headline, story ators in the Chamber desiring to vote? ances from prior fiscal years, and any interest S11536 CONGRESSIONAL RECORD — SENATE November 7, 2001 earned in this or any fiscal year: Provided fur- as amended by District of Columbia Law 13–172, the Committees on Appropriations of the Senate ther, That the account shall be under the con- § 202(c); and (d) in section 16(e) (D.C. Code, sec. and House of Representatives, the Committee on trol of the District of Columbia Chief Financial 3–435(e) (1981 Ed., 1999 Supp.)), to read as fol- Governmental Affairs of the Senate, and the Officer who may use those funds solely for the lows: Committee on Government Reform of the House purposes of carrying out the Resident Tuition ‘‘(e) All compensation and attorneys’ fees of Representatives. Support Program: Provided further, That the awarded under this chapter shall be paid from, Resident Tuition Support Program Office and and subject to, the availability of monies in the FEDERAL PAYMENT TO THE DISTRICT OF the Office of the Chief Financial Officer shall Fund. No more than five percent of the total COLUMBIA CORRECTIONS TRUSTEE OPERATIONS provide a quarterly financial report to the Com- amount of monies in the Fund shall be used to mittees on Appropriations of the Senate and pay administrative costs necessary to carry out For salaries and expenses of the District of House of Representatives for these funds show- this chapter.’’. Columbia Corrections Trustee, $32,700,000 for ing, by object class, the expenditures made and Section 11–2604, District of Columbia Code, is the administration and operation of correctional the purpose therefor: Provided further, That not amended: facilities and for the administrative operating more than seven percent of the amount provided (1) in subsection (a), by striking ‘‘50’’ and in- costs of the Office of the Corrections Trustee, as herein for this program may be used for admin- serting ‘‘75’’; and authorized by section 11202 of the National Cap- istrative expenses. (2) in subsection (b)— ital Revitalization and Self-Government Im- FEDERAL PAYMENT TO THE DISTRICT OF (A) by striking ‘‘1300’’ each time it appears provement Act of 1997 (Public Law 105–33; 111 COLUMBIA COURTS and inserting ‘‘1900’’; Stat. 712) of which $1,000,000 is to fund an ini- For salaries and expenses for the District of (B) by striking ‘‘2450’’ each time it appears tiative to improve case processing in the District Columbia Courts, $140,181,000, to be allocated as and inserting ‘‘3600’’. of Columbia criminal justice system, $2,500,000 to follows: for the District of Columbia Court of Section 16–2326.1(b), District of Columbia Code remain available until September 30, 2003 is for Appeals, $8,003,000, of which not to exceed (1997 Repl.), is amended— building renovation or space acquisition re- $1,500 is for official reception and representation (1) by striking ‘‘1,100’’ each time it appears quired to accommodate functions transferred expenses; for the District of Columbia Superior and inserting ‘‘1,600’’; from the Lorton Correctional Complex, and (2) in paragraph (3), by striking ‘‘1,500’’ and Court, $72,694,000, of which not to exceed $1,500 $2,000,000 to remain available until September inserting ‘‘2,200’’; and is for official reception and representation ex- 30, 2003, is to be transferred to the appropriate (3) in paragraph (4), by striking ‘‘750’’ and in- penses; for the District of Columbia Court Sys- agency for the closing of the sewage treatment tem, $31,634,000, of which not to exceed $1,500 is serting ‘‘1,100’’. Section 16(d) of the Victims of Violent Crime plant and the removal of underground storage for official reception and representation ex- tanks at the Lorton Correctional Complex: Pro- penses; and $27,850,000 for capital improvements Compensation Act of 1996 (sec. 4–515(d), D.C. Official Code), as amended by section 403 of the vided, That notwithstanding any other provi- for District of Columbia courthouse facilities: sion of law, funds appropriated in this Act for Provided, That notwithstanding any other pro- Miscellaneous Appropriations Act, 2001 (as en- the District of Columbia Corrections Trustee vision of law, all amounts under this heading acted into law by section 1(a)(4) of the Consoli- shall be apportioned quarterly by the Office of shall be apportioned quarterly by the Office of dated Appropriations Act, 2001), is amended— Management and Budget and obligated and ex- Management and Budget and obligated and ex- (1) by striking ‘‘in excess of $250,000’’; and pended in the same manner as funds appro- (2) by striking ‘‘and approved by’’ and all pended in the same manner as funds appro- priated for salaries and expenses of other Fed- that follows and inserting a period. priated for salaries and expenses of other Fed- eral agencies, with payroll and financial serv- These amendments shall take effect as if in- eral agencies. ices to be provided on a contractual basis with cluded in the enactment of section 403 of the Miscellaneous Appropriations Act, 2001. FEDERAL PAYMENT TO THE COURT SERVICES AND the General Services Administration (GSA), said OFFENDER SUPERVISION AGENCY FOR THE DIS- services to include the preparation of monthly DEFENDER SERVICES IN DISTRICT OF COLUMBIA TRICT OF COLUMBIA financial reports, copies of which shall be sub- COURTS mitted directly by GSA to the President and to For payments authorized under section 11– (INCLUDING TRANSFER OF FUNDS) the Committees on Appropriations of the Senate 2604 and section 11–2605, D.C. Code (relating to For salaries and expenses, including the and House of Representatives, the Committee on representation provided under the District of transfer and hire of motor vehicles, of the Court Governmental Affairs of the Senate, and the Columbia Criminal Justice Act), payments for Services and Offender Supervision Agency for Committee on Government Reform of the House counsel appointed in proceedings in the Family of Representatives: Provided further, That after Division of the Superior Court of the District of the District of Columbia, as authorized by the providing notice to the Committees on Appro- Columbia under chapter 23 of title 16, D.C. National Capital Revitalization and Self-Gov- priations of the Senate and House of Represent- Code, and payments for counsel authorized ernment Improvement Act of 1997 (Public Law atives, the District of Columbia Courts may re- under section 21–2060, D.C. Code (relating to 105–33; 111 Stat. 712), $147,300,000, of which allocate not more than $1,000,000 of the funds representation provided under the District of $13,015,000 shall remain available until ex- provided under this heading among the items Columbia Guardianship, Protective Proceedings, pended, and of which not to exceed $5,000 is for and entities funded under such heading: Pro- and Durable Power of Attorney Act of 1986), official receptions related to offender and de- vided further, That of this amount not less than $39,311,000, to remain available until expended: fendant support programs; of which $94,112,000 $23,315,000 is for activities authorized under S. Provided, That the funds provided in this Act shall be for necessary expenses of Community 1382, the District of Columbia Family Court Act under the heading ‘‘Federal Payment to the Supervision and Sex Offender Registration, to of 2001: Provided further, That of the funds District of Columbia Courts’’ (other than the include expenses relating to supervision of made available for the District of Columbia Su- $27,850,000 provided under such heading for adults subject to protection orders or provision perior Court, $6,603,000 may remain available capital improvements for District of Columbia of services for or related to such persons; until September 30, 2003: Provided further, That courthouse facilities) may also be used for pay- $20,829,000 shall be transferred to the Public De- of the funds made available for the District of ments under this heading: Provided further, fender Service; and $32,359,000 shall be available Columbia Court System, $485,000 may remain That in addition to the funds provided under to the Pretrial Services Agency: Provided, That available until September 30, 2003: Provided fur- this heading, the Joint Committee on Judicial notwithstanding any other provision of law, all ther, That of the funds made available for cap- Administration in the District of Columbia may amounts under this heading shall be appor- ital improvements, $21,855,000 may remain avail- use funds provided in this Act under the head- tioned quarterly by the Office of Management able until September 30, 2003. ing ‘‘Federal Payment to the District of Colum- and Budget and obligated and expended in the ADMINISTRATIVE PROVISIONS bia Courts’’ (other than the $27,850,000 provided same manner as funds appropriated for salaries Section 11–1722(a), District of Columbia Code, under such heading for capital improvements and expenses of other Federal agencies: Pro- is amended in the first sentence by striking ‘‘, for District of Columbia courthouse facilities), to vided further, That notwithstanding chapter 12 subject to the supervision of the Executive Offi- make payments described under this heading for of title 40, United States Code, the Director may obligations incurred during any fiscal year: Pro- cer’’. acquire by purchase, lease, condemnation, or vided further, That funds provided under this Section 11–1723(a)(3), District of Columbia donation, and renovate as necessary, Building Code, is amended by striking ‘‘and the internal heading shall be administered by the Joint Com- Number 17, 1900 Massachusetts Avenue, South- auditing of the accounts of the courts’’. mittee on Judicial Administration in the District The Victims of Violent Crime Compensation of Columbia: Provided further, That notwith- east, Washington, District of Columbia, or such Act of 1996 (D.C. Code, sec. 3–421 et seq. (1981 standing any other provision of law, this appro- other site as the Director of the Court Services Ed., 1999 Supp.) as amended by Public Law 106– priation shall be apportioned quarterly by the and Offender Supervision Agency may deter- 113, § 160 and Public Law 106–554, § 1(a)(4), H.R. Office of Management and Budget and obli- mine as appropriate to house or supervise of- 5666, Division A, Chapter 4, § 403) is amended: gated and expended in the same manner as fenders and defendants, with funds made avail- (a) in section 2 (D.C. Code, sec. 3–421 (1981 Ed., funds appropriated for expenses of other Fed- able by this Act: Provided further, That the Di- 1999 Supp.)), as amended by District of Colum- eral agencies, with payroll and financial serv- rector is authorized to accept and use gifts in bia Law 13–172, § 202(a) (except for paragraph ices to be provided on a contractual basis with the form of in-kind contributions of space and (6)); (b) in section 7(c) (D.C. Code, sec. 3–426(c) the General Services Administration (GSA), said hospitality to support offender and defendant (1981 Ed., 1999 Supp.)), as amended by District services to include the preparation of monthly programs, and equipment and vocational train- of Columbia Law 13–172, § 202(b); (c) in section financial reports, copies of which shall be sub- ing services to educate and train offenders and 8 (D.C. Code, sec. 3–427 (1981 Ed., 1999 Supp.)), mitted directly by GSA to the President and to defendants. November 7, 2001 CONGRESSIONAL RECORD — SENATE S11537

FEDERAL PAYMENT TO THE DISTRICT OF COLUM- FEDERAL PAYMENT FOR CHILD AND FAMILY $500,000 to be used for activities authorized BIA FOR SECURITY COSTS RELATED TO THE SOCIAL SERVICES COMPUTER INTEGRATION PLAN under S. 1382, the District of Columbia Family PRESENCE OF THE FEDERAL GOVERNMENT IN For a Federal payment to the District of Co- Court Act of 2001. THE DISTRICT OF COLUMBIA lumbia, $200,000 for completion of a plan by the ADMINISTRATIVE PROVISIONS For a payment to the District of Columbia to Mayor on integrating the computer systems of Under the heading ‘‘Federal Payment for In- reimburse the District for certain security ex- the District of Columbia government with the centives for Adoption of Children’’ in Public penses related to the presence of the Federal Family Court of the Superior Court of the Dis- Law 106–522, approved November 22, 2000 (114 Government in the District of Columbia, trict of Columbia: Provided, That, pursuant to Stat. 2440), is amended to read as follows: ‘‘For $16,058,000: Provided, That a detailed report of section 4 of S. 1382, the District of Columbia a Federal payment to the District of Columbia to actual and estimated expenses incurred shall be Family Court Act of 2001, the Mayor shall sub- create incentives to promote the adoption of provided to the Committees on Appropriations of mit a plan to the President and the Congress children in the District of Columbia foster care the Senate and House of Representatives no within six months of enactment of that Act, so system, $5,000,000 to remain available until Sep- later than June 15, 2002: Provided further, That that social services and other related services to tember 30, 2003: Provided, That $2,000,000 of said of this amount, $3,406,000 shall be made avail- individuals and families served by the Family amount shall be used for attorney fees and home able for reimbursement of planning and related Court of the Superior Court and agencies of the studies: Provided further, That $1,000,000 of said expenses incurred by the District of Columbia in District of Columbia government (including the amount shall be used for the establishment of a anticipation of providing security for the District of Columbia Public Schools, the District scholarship fund which adoptive families and planned meetings in September 2001 of the of Columbia Housing Authority, the Child and children without parents, due to the September World Bank and the International Monetary Family Services Agency, the Office of the Cor- 11, 2001 terrorist attack on the District of Co- Fund in the District of Columbia: Provided fur- poration Counsel, the Metropolitan Police De- lumbia, will use for post high school education ther, That the Mayor and the Chairman of the partment, the Department of Health, and other and training for adopted children: Provided fur- Council of the District of Columbia shall de- offices determined by the Mayor) will be able to ther, That $1,000,000 of said amount shall be velop, in consultation with the Director of the access and share information on the individuals used for the establishment of a private adoptive Office of Personnel Management, the United and families served by the Family Court. family resource center in the District of Colum- States Secret Service, the United States Capitol FEDERAL PAYMENTS FOR DISTRICT OF COLUMBIA bia to provide ongoing information, education Police, the United States Park Police, the Wash- AND FEDERAL LAW ENFORCEMENT MOBILE and support to adoptive families: Provided fur- ington Metropolitan Area Transit Authority, re- WIRELESS INTEROPERABILITY PROJECT ther, That $1,000,000 of said amount shall be gional transportation authorities, the Federal For Federal payments in support of the Dis- used for adoption incentives and support for Emergency Management Agency, the Governor trict of Columbia and the Federal law enforce- children with special needs.’’. of the State of Maryland and the Governor of ment Mobile Wireless Interoperability Project, Of the Federal funds made available in the the Commonwealth of Virginia, the county ex- $1,400,000, of which $400,000 shall be for a pay- District of Columbia Appropriations Act, 2001, ecutives of contiguous counties of the region ment to the District of Columbia Office of the Public Law 106–522 for the District of Columbia and the respective state and local law enforce- Chief Technology Officer, $333,334 shall be for a Public Schools (114 Stat. 2441) and the Metro- ment entities in the region an integrated emer- payment to the United States Secret Service, politan Police Department (114 Stat. 2441) such gency operations plan for the District of Colum- $333,333 shall be for a payment to the United funds may remain available for the purposes in- bia in cases of national security events, includ- States Capitol Police, and $333,333 shall be for a tended until September 30, 2002: Provided, That ing terrorist threats, protests, or other unantici- payment to the United States Park Police: Pro- funds made available in such Act for the Wash- pated events: Provided further, That such plan vided, That each agency shall participate in the ington Interfaith Network (114 Stat. 2444) shall shall include a response to attacks or threats of preparation of a joint report to the Committees remain available for the purposes intended until attacks using biological or chemical agents: Pro- on Appropriations of the Senate and the House December 31, 2002: Provided further, That funds vided further, That the city shall submit this of Representatives to be submitted no later than made available in such Act for Brownfield Re- plan to the Committees on Appropriations of the March 30, 2002 on the allocation of these re- mediation (114 Stat. 2445), shall remain avail- Senate and the House of Representatives no sources and a description of each agencies’ re- able until expended. later than January 2, 2002: Provided further, source commitment to this project for fiscal year That the Chief Financial Officer of the District 2003. DISTRICT OF COLUMBIA FUNDS of Columbia shall provide quarterly reports to FEDERAL PAYMENT TO THE CHIEF FINANCIAL OPERATING EXPENSES the Committees on Appropriations of the Senate OFFICER OF THE DISTRICT OF COLUMBIA DIVISION OF EXPENSES and the House of Representatives on the use of For a Federal payment to the Chief Financial the funds under this heading, beginning no Officer of the District of Columbia, $5,900,000, of The following amounts are appropriated for later than January 2, 2002. which $2,250,000 shall be for payment for a pilot the District of Columbia for the current fiscal FEDERAL PAYMENT TO THE THURGOOD project to demonstrate the ‘‘Active Cap’’ river year out of the general fund of the District of MARSHALL ACADEMY CHARTER SCHOOL cleanup technology on the Anacostia River; Columbia, except as otherwise specifically pro- vided: Provided, That notwithstanding any For a Federal payment to the Thurgood Mar- $500,000 shall be for payment to the Wash- other provision of law, except as provided in shall Academy Charter School, $1,000,000 to be ington, D.C. Sports and Entertainment Commis- section 450A of the District of Columbia Home used to acquire and renovate an educational fa- sion which, in coordination with the U.S. Soccer Rule Act (Public Law 93–198; D.C. Official Code, cility in Anacostia. Foundation, shall use the funds for environ- mental and infrastructure costs at Kenilworth sec. 1–204.50a), the total amount appropriated in FEDERAL PAYMENT TO THE DISTRICT OF this Act for operating expenses for the District COLUMBIA PUBLIC SCHOOLS Park in the creation of the Kenilworth Regional Sports Complex; $600,000 shall be for payment to of Columbia for fiscal year 2002 under this head- For a Federal payment to the District of Co- the One Economy Corporation, a non-profit or- ing shall not exceed the lesser of the sum of the lumbia Public Schools, $2,750,000, of which ganization, to increase Internet access to low- total revenues of the District of Columbia for $2,000,000 shall be to implement the Voyager Ex- income homes in the District of Columbia; such fiscal year or $6,051,646,000 (of which panded Learning literacy program in kinder- $500,000 shall be for payment to the Langston $124,163,000 shall be from intra-District funds garten and first grade classrooms in the District Project for the 21st Century, a community revi- and $3,553,300,000 shall be from local funds): of Columbia Public Schools; $250,000 shall be for talization project to improve physical education Provided further, That this amount may be in- the Failure Free Reading literacy program for and training facilities; $1,000,000 shall be for creased by (i) proceeds of one-time transactions, non-readers and special education students; payment to the Green Door Program, for capital which are expended for emergency or unantici- $250,000 for Lightspan, Inc. to implement the improvements at a community mental health pated operating or capital needs or (ii) addi- eduTest.com program in the District of Columbia clinic; $500,000 shall be for payment to the His- tional expenditures which the Chief Financial Public Schools; and $250,000 for the South- torical Society of Washington, for capital im- Officer of the District of Columbia certifies will eastern University for a public/private partner- provements to the new City Museum; $200,000 produce additional revenues during such fiscal ship with McKinley Technical High School. for a payment to Teach for America DC, for year at least equal to 200 percent of such addi- FEDERAL PAYMENT TO THE GEORGE WASHINGTON teacher development; and $350,000 for payment tional expenditures: Provided further, That UNIVERSITY CENTER FOR EXCELLENCE IN MU- to the District of Columbia Safe Kids Coalition, such increases shall be approved by enactment NICIPAL MANAGEMENT to promote child passenger safety through the of local District law and shall comply with all reserve requirements contained in this act: Pro- For a Federal payment to the George Wash- Child Occupant Protection Initiative. vided further, That the Chief Financial Officer ington University Center for Excellence in Mu- COURT APPOINTED SPECIAL ADVOCATES of the District of Columbia shall take such steps nicipal Management, $250,000 to increase the en- For a Federal payment to the District of Co- as are necessary to assure that the District of rollment of managers from the District of Colum- lumbia Court Appointed Special Advocates Unit, Columbia meets these requirements, including bia government. $250,000 to be used to expand their work in the the apportioning by the Chief Financial Officer FEDERAL PAYMENT TO THE CHILDREN’S Family Court of the District of Columbia Supe- of the appropriations and funds made available NATIONAL MEDICAL CENTER rior Court. to the District during fiscal year 2002, except For a Federal payment to the Children’s Na- CHILD AND FAMILY SERVICES AGENCY—FAMILY that the Chief Financial Officer may not repro- tional Medical Center in the District of Colum- COURT REFORM gram for operating expenses any funds derived bia, $3,200,000 for capital and equipment im- For a Federal payment to the District of Co- from bonds, notes, or other obligations issued provements. lumbia Child and Family Services Agency, for capital projects. S11538 CONGRESSIONAL RECORD — SENATE November 7, 2001

GOVERNMENTAL DIRECTION AND SUPPORT cancies, into the revolving 5–513 fund to be used $17,000,000 from local funds, previously appro- Governmental direction and support, to implement the provisions in D.C. Act 13–578, priated in this Act as a Federal payment, and $307,117,000 (including $228,471,000 from local the Abatement and Condemnation of Nuisance such sums as may be necessary to be derived funds, $61,367,000 from Federal funds, and Properties Omnibus Amendment Act of 2000, from interest earned on funds contained in the $17,279,000 from other funds): Provided, That pertaining to the prevention of the demolition dedicated account established by the Chief Fi- not to exceed $2,500 for the Mayor, $2,500 for the by neglect of historic properties: Provided fur- nancial Officer of the District of Columbia, for Chairman of the Council of the District of Co- ther, That the fees established and collected resident tuition support at public and private lumbia, and $2,500 for the City Administrator pursuant to D.C. Act 13–578 shall be identified, institutions of higher learning for eligible Dis- shall be available from this appropriation for of- and an accounting provided, to the District of trict of Columbia residents; and $142,257,000 ficial purposes: Provided further, That any pro- Columbia Council’s Committee on Consumer and from local funds for public charter schools: Pro- gram fees collected from the issuance of debt Regulatory Affairs: Provided further, That 18 vided, That there shall be quarterly disburse- shall be available for the payment of expenses of percent of the annual total amount in the 5–513 ment of funds to the District of Columbia public the debt management program of the District of fund, up to $500,000, deposited into the 5–513 charter schools, with the first payment to occur Columbia: Provided further, That no revenues fund on an annual basis, be used to implement within 15 days of the beginning of each fiscal from Federal sources shall be used to support section 102 and other related sections of D.C. year: Provided further, That if the entirety of the operations or activities of the Statehood Act 13–578: Provided further, That the Depart- this allocation has not been provided as pay- Commission and Statehood Compact Commis- ment shall hire, with the consultation and guid- ments to any public charter schools currently in sion: Provided further, That notwithstanding ance of the Director of the Office of Personnel operation through the per pupil funding for- on the necessary qualifications and salary level, any other provision of law, or Mayor’s Order mula, the funds shall be available for public from these lapsed funds, as soon as possible, but 86–45, issued March 18, 1986, the Office of the education in accordance with the School Reform in no event later than November 1, 2001, a pro- Chief Technology Officer’s delegated small pur- Act of 1995 (Public Law 104–134; D.C. Official fessional human resources manager who will be- chase authority shall be $500,000: Provided fur- Code, sec. 38–1804.03(A)(2)(D)): Provided fur- come part of the Department’s senior manage- ther, That the District of Columbia government ther, That $480,000 of this amount shall be ment team, and provide in consultation with its may not require the Office of the Chief Tech- available to the District of Columbia Public newly hired human resources professional man- nology Officer to submit to any other procure- Charter School Board for administrative costs: ager, and the Office of Personnel, a detailed ment review process, or to obtain the approval plan to the Council’s Committee on Consumer Provided further, That $76,542,000 (including of or be restricted in any manner by any official and Regulatory Affairs, by December 1, 2001, for $45,912,000 from local funds, $12,539,000 from or employee of the District of Columbia govern- the use of the personal services lapsed funds, in- Federal funds, and $18,091,000 from other funds) ment, for purchases that do not exceed $500,000: cluding the 58 vacant positions identified by the shall be available for the University of the Dis- Provided further, That not less than $353,000 Department, in fiscal year 2001 to reclassify po- trict of Columbia: Provided further, That shall be available to the Office of the Corpora- sitions, augment pay scales once positions are $27,256,000 (including $26,030,000 from local tion Counsel to support increases in the Attor- reclassified where needed to fill vacancies with funds, $560,000 from Federal funds and $666,000 ney Retention Allowance: Provided further, qualified and necessary personnel, and to fund other funds) for the Public Library: Provided That not less than $50,000 shall be available to these new and vacant positions. further, That the $1,007,000 enhancement shall support a mediation services program within the be allocated such that $500,000 is used for facili- PUBLIC SAFETY AND JUSTICE Office of the Corporation Counsel: Provided fur- ties improvements for 8 of the 26 library ther, That not less than $50,000 shall be avail- Public safety and justice, $632,668,000 (includ- branches, $235,000 for 13 FTEs for the continu- able to support a TANF Unit within the Child ing $593,618,000 from local funds, $8,298,000 from ation of the Homework Helpers Program, Support Enforcement Division of the Office of Federal funds, and $30,752,000 from other $143,000 for 2 FTEs in the expansion of the the Corporation Counsel: Provided further, funds): Provided, That not to exceed $500,000 Reach Out And Roar (ROAR) service to licensed That section 403 of the District of Columbia shall be available from this appropriation for day care homes, and $129,000 for 3 FTEs to ex- Home Rule Act, approved December 24, 1973 the Chief of Police for the prevention and detec- pand literacy support into branch libraries: Pro- (Public Law 93–198; D.C. Official Code, sec. 1– tion of crime: Provided further, That no less vided further, That $2,198,000 (including 204.03), is amended as follows: than $173,000,000 shall be available to the Met- $1,760,000 from local funds, $398,000 from Fed- (1) Subsection (c) is amended by striking the ropolitan Police Department for salaries in sup- eral funds and $40,000 from other funds) shall be phrase ‘‘shall receive, in addition to the com- port of 3,800 sworn officers: Provided further, available for the Commission on the Arts and pensation to which he is entitled as a member of That no less than $100,000 shall be available in Humanities: Provided further, That the public the Council, $10,000 per annum, payable in the Department of Corrections budget to support schools of the District of Columbia are author- equal installments, for each year he serves as the Corrections Information Council: Provided ized to accept not to exceed 31 motor vehicles for Chairman, but the Chairman’’. further, That no less than $296,000 shall be exclusive use in the driver education program: (2) A new subsection (d) is added to read as available to support the Child Fatality Review Provided further, That not to exceed $2,500 for follows: Committee: Provided further, That nothing con- the Superintendent of Schools, $2,500 for the ‘‘(d) Notwithstanding subsection (a) of this tained in this section shall be construed as President of the University of the District of Co- section, as of the effective date of the District of modifying or affecting the provisions of section lumbia, and $2,000 for the Public Librarian shall Columbia Appropriations Act, 2001, the Chair- 11(c)(3) of title XII of the District of Columbia be available from this appropriation for official man shall receive compensation, payable in Income and Franchise Tax Act of 1947 (70 Stat. purposes: Provided further, That none of the equal installments, at a rate equal to $10,000 less 78; Public Law 84–460; D.C. Official Code, sec. funds contained in this Act may be made avail- than the compensation of the Mayor.’’. 47–1812.11(c)(3)): Provided further, That the able to pay the salaries of any District of Co- ECONOMIC DEVELOPMENT AND REGULATION Mayor shall reimburse the District of Columbia lumbia Public School teacher, principal, admin- Economic development and regulation, National Guard for expenses incurred in con- istrator, official, or employee who knowingly $230,878,000 (including $60,786,000 from local nection with services that are performed in provides false enrollment or attendance informa- funds, $96,199,000 from Federal funds, and emergencies by the National Guard in a militia tion under article II, section 5 of the Act entitled $73,893,000 from other funds), of which status and are requested by the Mayor, in ‘‘An Act to provide for compulsory school at- $15,000,000 collected by the District of Columbia amounts that shall be jointly determined and tendance, for the taking of a school census in in the form of BID tax revenue shall be paid to certified as due and payable for these services the District of Columbia, and for other pur- the respective BIDs pursuant to the Business by the Mayor and the Commanding General of poses’’, approved February 4, 1925 (D.C. Official Improvement Districts Act of 1996 (D.C. Law 11– the District of Columbia National Guard: Pro- Code, sec. 38–201 et seq.): Provided further, That 134; D.C. Official Code, sec. 2–1215.01 et seq.), vided further, That such sums as may be nec- this appropriation shall not be available to sub- and the Business Improvement Districts Amend- essary for reimbursement to the District of Co- sidize the education of any nonresident of the ment Act of 1997 (D.C. Law 12–26; D.C. Official lumbia National Guard under the preceding pro- District of Columbia at any District of Columbia Code, sec. 2–1215.15 et seq.): Provided, That such viso shall be available from this appropriation, public elementary and secondary school during funds are available for acquiring services pro- and the availability of the sums shall be deemed fiscal year 2002 unless the nonresident pays tui- vided by the General Services Administration: as constituting payment in advance for emer- tion to the District of Columbia at a rate that Provided further, That Business Improvement gency services involved. covers 100 percent of the costs incurred by the Districts shall be exempt from taxes levied by the PUBLIC EDUCATION SYSTEM District of Columbia which are attributable to District of Columbia: Provided further, That the Public education system, including the devel- the education of the nonresident (as established Department of Consumer and Regulatory Af- opment of national defense education programs, by the Superintendent of the District of Colum- fairs use $50,000 of the receipts from the net pro- $1,108,915,000 (including $894,494,000 from local bia Public Schools): Provided further, That this ceeds from the contractor that handles the Dis- funds, $187,794,000 from Federal funds, and appropriation shall not be available to subsidize trict’s occupational and professional licensing to $26,627,000 from other funds), to be allocated as the education of nonresidents of the District of fund additional staff and equipment for the follows: $813,292,000 (including $658,624,000 from Columbia at the University of the District of Co- Rental Housing Administration: Provided fur- local funds, $147,380,000 from Federal funds, lumbia, unless the Board of Trustees of the Uni- ther, That the Department of Consumer and and $7,288,000 from other funds), for the public versity of the District of Columbia adopts, for Regulatory Affairs transfer all local funds re- schools of the District of Columbia; $47,370,000 the fiscal year ending September 30, 2002, a tui- sulting from the lapse of personnel vacancies, (including $19,911,000 from local funds, tion rate schedule that will establish the tuition caused by transferring DCRA employees into $26,917,000 from Federal funds, $542,000 from rate for nonresident students at a level no lower NSO positions without filling the resultant va- other funds), for the State Education Office; than the nonresident tuition rate charged at November 7, 2001 CONGRESSIONAL RECORD — SENATE S11539 comparable public institutions of higher edu- for the purpose of the Drug Treatment Choice $403,868,000 (including $250,015,000 from local cation in the metropolitan area: Provided fur- Program established pursuant to section 4 of the funds, $134,839,000 from Federal funds, and ther, That the District of Columbia Public Choice in Drug Treatment Act of 2000 (D.C. Of- $19,014,000 from other funds). Schools shall spend $1,200,000 to implement D.C. ficial Code, sec. 7–3003): Provided further, That WORKFORCE INVESTMENTS Teaching Fellows Program in the District’s pub- no less than $500,000 of the $7,500,000 appro- For workforce investments, $42,896,000 from lic schools: Provided further, That notwith- priated for the Addiction Recovery Fund shall local funds, to be transferred by the Mayor of standing the amounts otherwise provided under be used solely to pay treatment providers who the District of Columbia within the various ap- this heading or any other provision of law, provide substance abuse treatment to TANF re- propriation headings in this Act for which em- there shall be appropriated to the District of Co- cipients under the Drug Treatment Choice Pro- ployees are properly payable. lumbia public charter schools on July 1, 2002, an gram: Provided further, That no less than amount equal to 25 percent of the total amount $2,000,000 of this appropriation shall be used RESERVE provided for payments to public charter schools solely to establish, by contract, a 2-year pilot For replacement of funds expended, if any, in the proposed budget of the District of Colum- substance abuse program for youth ages 16 during fiscal year 2001 from the Reserve estab- bia for fiscal year 2003 (as submitted to Con- through 21 years of age: Provided further, That lished by section 202(j) of the District of Colum- gress), and the amount of such payment shall be no less than $60,000 be available for a D.C. En- bia Financial Responsibility and Management chargeable against the final amount provided ergy Office Matching Grant: Provided further, Assistance Act of 1995, Public Law 104–8, for such payments under the District of Colum- That no less than $2,150,000 be available for a $120,000,000 from local funds. bia Appropriations Act, 2003: Provided further, pilot Interim Disability Assistance program pur- RESERVE RELIEF That notwithstanding the amounts otherwise suant to title L of the Fiscal Year 2002 Budget Support Act (D.C. Bill 14–144). For reserve relief, $30,000,000, for the purpose provided under this heading or any other provi- of spending funds made available through the UBLIC WORKS sion of law, there shall be appropriated to the P reduction from $150,000,000 to $120,000,000 in the District of Columbia Public Schools on July 1, Public works, including rental of one pas- amount required for the Reserve established by 2002, an amount equal to 10 percent of the total senger-carrying vehicle for use by the Mayor section 202(j) of the District of Columbia Finan- amount provided for the District of Columbia and three passenger-carrying vehicles for use by cial Responsibility and Management Assistance Public Schools in the proposed budget of the the Council of the District of Columbia and leas- Act of 1995, Public Law 104–8: Provided, That District of Columbia for fiscal year 2003 (as sub- ing of passenger-carrying vehicles, $300,151,000 $12,000,000 shall be available to the District of mitted to Congress), and the amount of such (including $286,334,000 from local funds, Columbia Public Schools and District of Colum- payment shall be chargeable against the final $4,392,000 from Federal funds, and $9,425,000 bia Public Charter Schools for educational en- amount provided for the District of Columbia from other funds): Provided, That this appro- hancements: Provided further, That $18,000,000 Public Schools under the District of Columbia priation shall not be available for collecting shall be available pursuant to a local District Appropriations Act, 2003: Provided further, ashes or miscellaneous refuse from hotels and law: Provided further, That of the $30,000,000, That no less than $200,000 be available for adult places of business: Provided further, That no funds shall only be expended upon: (i) certifi- education: Provided further, That the third sen- less than $650,000 be available for a mechanical cation by the Chief Financial Officer of the Dis- tence of section 441 of the District of Columbia alley sweeping program: Provided further, That trict of Columbia that the funds are available Home Rule Act, approved December 24, 1973 no less than $6,400,000 be available for residen- and not required to address potential deficits, (Public Law 93–198; D.C. Official Code, sec. 1– tial parking enforcement: Provided further, (ii) enactment of local District law detailing the 204.41), is amended to read as follows: ‘‘How- That no less than $100,000 be available for a purpose for the expenditure, (iii) prior notifica- ever, the fiscal year for the Armory Board shall General Counsel to the Department of Public tion by the Mayor to the Committees on Appro- begin on the first day of January and shall end Works: Provided further, That no less than priations of both the Senate and House of Rep- on the thirty-first day of December of each cal- $3,600,000 be available for ticket processing: Pro- resentatives in writing 30 days in advance of endar year, and, beginning the first day of July vided further, That no less than 14 residential any such expenditure: Provided further, That 2003, the fiscal year for the District of Columbia parking control aides or 10 percent of the resi- the $18,000,000 provided pursuant to local law Public Schools, District of Columbia Public dential parking control force be available for shall be expended only when the Emergency Re- Charter Schools and the University of the Dis- night time enforcement of out-of-state tags: Pro- serve established pursuant to Section 450A(a) of trict of Columbia shall begin on the first day of vided further, That of the total of 3,000 addi- the District of Columbia Home Rule Act (Public July and end on the thirtieth day of June of tional parking meters being installed in commer- Law 93–198; D.C. Official Code, sec. 1– each calendar year.’’: Provided further, That cial districts and in commercial loading zones 204.50a(a)), has a minimum balance in the the first paragraph under the heading ‘‘Public none be installed at loading zones, or entrances amount of $150,000,000. Education System’’ in Public Law 107–20, ap- at apartment buildings and none be installed in proved July 24, 2001, is amended to read as fol- residential neighborhoods: Provided further, EMERGENCY AND CONTINGENCY RESERVE FUNDS lows: ‘‘For an additional amount for ‘Public That no less than $262,000 be available for taxi- For the Emergency and Contingency Reserve Education System’, $1,000,000 from local funds cab enforcement activities: Provided further, Funds established under section 450A of the Dis- to remain available until expended, for the State That no less than $241,000 be available for a trict of Columbia Home Rule Act (Public Law Education Office for a census-type audit of the taxicab driver security revolving fund: Provided 93–198; D.C. Official Code, sec. 1–204.50a(b)), the student enrollment of each District of Columbia further, That no less than $30,084,000 in local Mayor may deposit the proceeds required pursu- Public School and of each public charter school appropriations be available to the Division of ant to Section 159(a) of Public Law 106–522 and and $12,000,000 from local funds for the District Transportation, within the Department of Pub- Section 404(c) of Public Law 106–554 in the Con- of Columbia Public Schools to conduct the 2001 lic Works: Provided further, That no less than tingency Reserve Fund beginning in fiscal year summer school session.’’. $12,000,000 in rights-of-way fees shall be avail- 2002 if the minimum emergency reserve balance HUMAN SUPPORT SERVICES able for the Local Roads, Construction and requirement established in Section 450A(c) has been met. (INCLUDING TRANSFER OF FUNDS) Maintenance Fund: Provided further, That Human support services, $1,803,923,000 (in- funding for a proposed separate Department of REPAYMENT OF LOANS AND INTEREST cluding $711,072,000 from local funds, Transportation is contingent upon Council ap- For payment of principal, interest, and cer- $1,075,960,000 from Federal funds, and proval of a reorganization plan: Provided fur- tain fees directly resulting from borrowing by $16,891,000 from other funds): Provided, That ther, That no less than $313,000 be available for the District of Columbia to fund District of Co- $27,986,000 of this appropriation, to remain handicapped parking enforcement: Provided lumbia capital projects as authorized by sections available until expended, shall be available sole- further, That no less than $190,000 be available 462, 475, and 490 of the District of Columbia ly for District of Columbia employees’ disability for the Ignition Interlock Device Program: Pro- Home Rule Act (Public Law 93–198; D.C. Official compensation: Provided further, That vided further, That no less than $473,000 be Code, secs. 1–204.62, 1–204.75, 1–204.90), $75,000,000 shall be available to the Health Care available for the Motor Vehicle Insurance En- $247,902,000 from local funds: Provided, That Safety Net Administration established by section forcement Program: Provided further, That any funds set aside pursuant to section 148 of 1802 of the Fiscal Year 2002 Budget Support Act $11,000,000 shall be available for transfer to the the District of Columbia Appropriations Act, of 2001, D.C. Bill 14–144; $90,000,000 available Highway Trust Fund’s Local Roads, Construc- 2000 (Public Law 106–113; 113 Stat. 1523) that under the District of Columbia Appropriations tion and Maintenance Fund, upon certification are not used in the reserve funds established Act, 2001 (Public Law 106–522) to the Public by the Chief Financial Officer that funds are herein shall be used for Pay-As-You-Go Capital Benefit Corporation for restructuring shall be available from the 2001 budgeted reserve or Funds: Provided further, That for equipment made available to the Health Care Safety Net where the Chief Financial Officer certifies that leases, the Mayor may finance $14,300,000 of Administration for the purpose of restructuring additional local revenues are available: Pro- equipment cost, plus cost of issuance not to ex- the delivery of health services in the District of vided further, That $1,550,000 made available ceed 2 percent of the par amount being financed Columbia and shall remain available until ex- under the District of Columbia Appropriations on a lease purchase basis with a maturity not to pended: Provided further, That no less than Act, 2001 (Public Law 106–522) for taxicab driver exceed 5 years: Provided further, That $4,440,000 $7,500,000 of this appropriation, to remain avail- security enhancements in the District of Colum- shall be for the Fire and Emergency Medical able until expended, shall be deposited in the bia shall remain available until September 30, Services Department, $2,010,000 shall be for the Addiction Recovery Fund established pursuant 2002. Department of Parks and Recreation, and to section 5 of the Choice in Drug Treatment Act RECEIVERSHIP PROGRAMS $7,850,000 shall be for the Department of Public of 2000, effective July 8, 2000 (D.C. Law 13–146; For all agencies of the District of Columbia Works: Provided further, That no less than D.C. Official Code, sec. 7–3004), and used solely government under court ordered receivership, $533,000 be available for trash transfer capital S11540 CONGRESSIONAL RECORD — SENATE November 7, 2001 debt service. Notwithstanding any other provi- 1174, 1175; Public Law 97–91), for the purpose of the funds provided herein for the project shall sion of law, the District of Columbia is hereby implementing the Law to Legalize Lotteries, lapse: Provided further, That except for funds authorized to make any necessary payments re- Daily Numbers Games, and Bingo and Raffles approved in the budgets prior to the fiscal year lated to the ‘‘District of Columbia Emergency for Charitable Purposes in the District of Co- 2002 budget and FL–MA2 in the fiscal year 2002 Assistance Act of 2001’’: Provided, That the Dis- lumbia (D.C. Law 3–172; D.C. Official Code, sec. Budget Request, no local funds may be ex- trict of Columbia shall use local funds for any 3–1301 et seq. and sec. 22–1716 et seq.), pended to renovate, rehabilitate or construct payments under this heading: Provided further, $229,688,000: Provided, That the District of Co- any facility within the boundaries of census That the Chief Financial Officer shall certify lumbia shall identify the source of funding for tract 68.04 for any purpose associated with the the availability of such funds, and shall certify this appropriation title from the District’s own D.C. Department of Corrections, the CSOSA, or that such funds are not required to address locally generated revenues: Provided further, the federal Bureau of Prisons unit until such budget shortfalls in the District of Columbia. That no revenues from Federal sources shall be time as the Mayor shall present to the Council REPAYMENT OF GENERAL FUND RECOVERY DEBT used to support the operations or activities of for its approval, a plan for the development of the Lottery and Charitable Games Control census tract 68.04 south of East Capitol Street, For the purpose of eliminating the $331,589,000 Board. S.E., and the housing of any misdemeanants, general fund accumulated deficit as of Sep- felons, ex-offenders, or persons awaiting trial tember 30, 1990, $39,300,000 from local funds, as SPORTS AND ENTERTAINMENT COMMISSION within the District of Columbia: Provided fur- authorized by section 461(a) of the District of For the Sports and Entertainment Commis- ther, That none of the conditions set forth in Columbia Home Rule Act, (105 Stat. 540; D.C. sion, $9,127,000 from other funds: Provided, this paragraph shall interfere with the oper- Official Code, sec. 1–204.61(a)). That the Mayor shall submit a budget for the ations of any Federal agency. PAYMENT OF INTEREST ON SHORT-TERM Armory Board for the forthcoming fiscal year as GENERAL PROVISIONS BORROWING required by section 442(b) of the District of Co- lumbia Home Rule Act (87 Stat. 824; Public Law SEC. 101. Whenever in this Act, an amount is For payment of interest on short-term bor- 93–198; D.C. Official Code, sec. 1–204.42(b)). specified within an appropriation for particular rowing, $500,000 from local funds. DISTRICT OF COLUMBIA RETIREMENT BOARD purposes or objects of expenditure, such WILSON BUILDING For the District of Columbia Retirement amount, unless otherwise specified, shall be con- For expenses associated with the John A. Wil- Board, established by section 121 of the District sidered as the maximum amount that may be ex- son Building, $8,859,000 from local funds. of Columbia Retirement Reform Act of 1979 (93 pended for said purpose or object rather than an EMERGENCY RESERVE FUND TRANSFER Stat. 866; D.C. Official Code, sec. 1–711), amount set apart exclusively therefor. Subject to the issuance of bonds to pay the $13,388,000 from the earnings of the applicable SEC. 102. Appropriations in this Act shall be purchase price of the District of Columbia’s retirement funds to pay legal, management, in- available for expenses of travel and for the pay- right, title, and interest in and to the Master vestment, and other fees and administrative ex- ment of dues of organizations concerned with Settlement Agreement, and consistent with the penses of the District of Columbia Retirement the work of the District of Columbia govern- Tobacco Settlement Trust Fund Establishment Board: Provided, That the District of Columbia ment, when authorized by the Mayor: Provided, Act of 1999 (D.C. Official Code, sec. 7– Retirement Board shall provide the Mayor, for That in the case of the Council of the District of 1811.01(a)(ii)) and the Tobacco Settlement Fi- transmittal to the Council of the District of Co- Columbia, funds may be expended with the au- nancing Act of 2000 (D.C. Official Code, sec. 7– lumbia, an itemized accounting of the planned thorization of the chair of the Council. 1831.03 et seq.), there is transferred the amount use of appropriated funds in time for each an- SEC. 103. There are appropriated from the ap- available pursuant thereto and Section 404(c) of nual budget submission and the actual use of plicable funds of the District of Columbia such Public Law 106–554 to the Emergency and Con- such funds in time for each annual audited fi- sums as may be necessary for making refunds tingency Reserve Funds established pursuant to nancial report. and for the payment of legal settlements or judgments that have been entered against the section 450A of the District of Columbia Home WASHINGTON CONVENTION CENTER ENTERPRISE District of Columbia government: Provided, Rule Act (Public Law 93–198; D.C. Official Code, FUND sec. 1–204.50a(a)). That nothing contained in this section shall be For the Washington Convention Center Enter- construed as modifying or affecting the provi- NON-DEPARTMENTAL AGENCY prise Fund, $57,278,000 from other funds. sions of section 11(c)(3) of title XII of the Dis- To account for anticipated costs that cannot HOUSING FINANCE AGENCY trict of Columbia Income and Franchise Tax Act be allocated to specific agencies during the de- For the Housing Finance Agency, $4,711,000 of 1947 (70 Stat. 78; Public Law 84–460; D.C. velopment of the proposed budget including an- from other funds. Code, sec. 47–1812.11(c)(3)). ticipated employee health insurance cost in- NATIONAL CAPITAL REVITALIZATION SEC. 104. No part of any appropriation con- creases and contract security costs, $5,799,000 CORPORATION tained in this Act shall remain available for ob- from local funds. ligation beyond the current fiscal year unless For the National Capital Revitalization Cor- expressly so provided herein. ENTERPRISE AND OTHER FUNDS poration, $2,673,000 from other funds. EC WATER AND SEWER AUTHORITY S . 105. No funds appropriated in this Act CAPITAL OUTLAY for the District of Columbia government for the For operation of the Water and Sewer Author- (INCLUDING RESCISSIONS) operation of educational institutions, the com- ity, $244,978,000 from other funds for fiscal year For construction projects, an increase of pensation of personnel, or for other educational 2002 of which $44,244,000 shall be apportioned $1,550,786,700 of which $1,348,782,387 shall be purposes may be used to permit, encourage, fa- for repayment of loans and interest incurred for from local funds, $44,431,135 shall be from the cilitate, or further partisan political activities. capital improvement projects ($17,953,000 pay- Highway Trust Fund, and $157,573,178 shall be Nothing herein is intended to prohibit the avail- able to the District’s debt service fund and from Federal funds, and a rescission of ability of school buildings for the use of any $26,291,000 payable for other debt service). $476,182,431 from local funds appropriated under community or partisan political group during For construction projects, $152,114,000, in the this heading in prior fiscal years, for a net non-school hours. following capital programs: $52,600,000 for the amount of $1,074,604,269 to remain available SEC. 106. None of the Federal funds appro- Blue Plains Wastewater Treatment Plant, until expended: Provided, That funds for use of priated in this Act shall be used for publicity or $11,148,000 for the sewer program, $109,000 for each capital project implementing agency shall propaganda purposes or implementation of any the combined sewer program, $118,000 for the be managed and controlled in accordance with policy including boycott designed to support or stormwater program, $77,957,000 for the water all procedures and limitations established under defeat legislation pending before Congress or program, $10,182,000 for the capital equipment the Financial Management System: Provided any State legislature. program: Provided, That the requirements and further, That all funds provided by this appro- SEC. 107. At the start of the fiscal year, the restrictions that are applicable to general fund priation title shall be available only for the spe- Mayor shall develop an annual plan, by quarter capital improvements projects and set forth in cific projects and purposes intended: Provided and by project, for capital outlay borrowings: this Act under the Capital Outlay appropriation further, That the capital budget of $83,400,000 Provided, That within a reasonable time after account shall apply to projects approved under for the Department of Health shall not be avail- the close of each quarter, the Mayor shall report this appropriation account. able until the District of Columbia Council’s to the Council of the District of Columbia and WASHINGTON AQUEDUCT Committee on Human Services receives a report the Congress the actual borrowings and spend- For operation of the Washington Aqueduct, on the use of any capital funds for projects on ing progress compared with projections. $46,510,000 from other funds for fiscal year 2002. the grounds of D.C. General Hospital: Provided SEC. 108. (a) None of the funds provided under STORMWATER PERMIT COMPLIANCE ENTERPRISE further, That notwithstanding the foregoing, all this Act to the agencies funded by this Act, both FUND authorizations for capital outlay projects, ex- Federal and District government agencies, that cept those projects covered by the first sentence remain available for obligation or expenditure in For operation of the Stormwater Permit Com- of section 23(a) of the Federal Aid Highway Act fiscal year 2002, or provided from any accounts pliance Enterprise Fund, $3,100,000 from other of 1968 (82 Stat. 827; Public Law 90–495), for in the Treasury of the United States derived by funds for fiscal year 2002. which funds are provided by this appropriation the collection of fees available to the agencies LOTTERY AND CHARITABLE GAMES ENTERPRISE title, shall expire on September 30, 2003, except funded by this Act, shall be available for obliga- FUND authorizations for projects as to which funds tion or expenditure for an agency through a re- For the Lottery and Charitable Games Enter- have been obligated in whole or in part prior to programming of funds which: (1) creates new prise Fund, established pursuant to the District September 30, 2003: Provided further, That upon programs; (2) eliminates a program, project, or of Columbia Appropriation Act, 1982 (95 Stat. expiration of any such project authorization, responsibility center; (3) establishes or changes November 7, 2001 CONGRESSIONAL RECORD — SENATE S11541

allocations specifically denied, limited or in- SEC. 114. In the event a sequestration order is written notice of disapproval being filed with creased by Congress in this Act; (4) increases issued pursuant to the Balanced Budget and the Secretary to the Council within 14 calendar funds or personnel by any means for any pro- Emergency Deficit Control Act of 1985 (99 Stat. days of the receipt of the report from the Chief gram, project, or responsibility center for which 1037: Public Law 99–177), after the amounts ap- Financial Officer, and no oral notice of dis- funds have been denied or restricted; (5) reestab- propriated to the District of Columbia for the approval is given during a meeting of the Coun- lishes through reprogramming any program or fiscal year involved have been paid to the Dis- cil during such 14 calendar day period, the re- project previously deferred through reprogram- trict of Columbia, the Mayor of the District of port shall be deemed to be approved, and (B) ming; (6) augments existing programs, projects, Columbia shall pay to the Secretary of the should notice of disapproval be given during or responsibility centers through a reprogram- Treasury, within 15 days after receipt of a re- such initial 14-calendar day period, the Council ming of funds in excess of $1,000,000 or 10 per- quest therefor from the Secretary of the Treas- may approve or disapprove the report by resolu- cent, whichever is less; or (7) increases by 20 ury, such amounts as are sequestered by the tion within 30 calendar days of the initial re- percent or more personnel assigned to a specific order: Provided, That the sequestration percent- ceipt of the report from the Chief Financial Of- program, project or responsibility center; unless age specified in the order shall be applied pro- ficer, or such report shall be deemed to be ap- the Committees on Appropriations of both the portionately to each of the Federal appropria- proved. No amount may be obligated or ex- Senate and House of Representatives are noti- tion accounts in this Act that are not specifi- pended from the general fund or other funds of fied in writing 30 days in advance of any re- cally exempted from sequestration by such Act. the District government in anticipation of the programming as set forth in this section. SEC. 115. ACCEPTANCE AND USE OF GIFTS. (a) approval or receipt of a grant or in anticipation (b) None of the local funds contained in this APPROVAL BY MAYOR.— of the approval or receipt of a Federal, private, Act may be available for obligation or expendi- (1) IN GENERAL.—An entity of the District of or other grant not subject to these provisions. ture for an agency through a reprogramming or Columbia government may accept and use a gift The Chief Financial Officer of the District of transfer of funds which transfers any local or donation during fiscal year 2002 if— Columbia shall prepare a quarterly report set- funds from one appropriation title to another (A) the Mayor approves the acceptance and ting forth detailed information regarding all unless the Committees on Appropriations of the use of the gift or donation (except as provided in Federal, private, and other grants subject to Senate and House of Representatives are noti- paragraph (2)); and these provisions. Each such report shall be sub- fied in writing 30 days in advance of the re- (B) the entity uses the gift or donation to mitted to the Council of the District of Colum- programming or transfer, except that in no carry out its authorized functions or duties. bia, and to the Committees on Appropriations of event may the amount of any funds repro- (2) EXCEPTION FOR COUNCIL AND COURTS.—The the House of Representatives and the Senate, grammed or transferred exceed four percent of Council of the District of Columbia and the Dis- not later than 15 days after the end of the quar- the local funds. trict of Columbia courts may accept and use ter covered by the report. SEC. 109. Consistent with the provisions of 31 gifts without prior approval by the Mayor. SEC. 120. (a) RESTRICTIONS ON USE OF OFFI- U.S.C. 1301(a), appropriations under this Act (b) RECORDS AND PUBLIC INSPECTION.—Each CIAL VEHICLES.—Except as otherwise provided shall be applied only to the objects for which entity of the District of Columbia government in this section, none of the funds made available the appropriations were made except as other- shall keep accurate and detailed records of the by this Act or by any other Act may be used to wise provided by law. acceptance and use of any gift or donation provide any officer or employee of the District of SEC. 110. Notwithstanding any other provi- under subsection (a), and shall make such Columbia with an official vehicle unless the of- sions of law, the provisions of the District of Co- records available for audit and public inspec- ficer or employee uses the vehicle only in the lumbia Government Comprehensive Merit Per- tion. performance of the officer’s or employee’s offi- sonnel Act of 1978 (D.C. Law 2–139; D.C. Code, (c) INDEPENDENT AGENCIES INCLUDED.—For cial duties. For purposes of this paragraph, the sec. 1–601.1 et seq.), enacted pursuant to section the purposes of this section, the term ‘‘entity of term ‘‘official duties’’ does not include travel be- 422(3) of the District of Columbia Home Rule Act the District of Columbia government’’ includes tween the officer’s or employee’s residence and (87 Stat. 790; Public Law 93–198; D.C. Code, sec. an independent agency of the District of Colum- workplace (except: (1) in the case of an officer 1–242(3)), shall apply with respect to the com- bia. or employee of the Metropolitan Police Depart- pensation of District of Columbia employees: (d) EXCEPTION FOR BOARD OF EDUCATION.— ment who resides in the District of Columbia or Provided, That for pay purposes, employees of This section shall not apply to the District of is otherwise designated by the Chief of the De- the District of Columbia government shall not be Columbia Board of Education, which may, pur- partment; (2) at the discretion of the Fire Chief, subject to the provisions of title 5, United States suant to the laws and regulations of the District an officer or employee of the District of Colum- Code. of Columbia, accept and use gifts to the public bia Fire and Emergency Medical Services De- SEC. 111. No later than 30 days after the end schools without prior approval by the Mayor. partment who resides in the District of Columbia of the first quarter of the fiscal year ending Sep- SEC. 116. None of the Federal funds provided and is on call 24 hours a day; (3) the Mayor of tember 30, 2002, the Mayor of the District of Co- in this Act may be used by the District of Co- the District of Columbia; and (4) the Chairman lumbia shall submit to the Council of the Dis- lumbia to provide for salaries, expenses, or other of the Council of the District of Columbia). trict of Columbia the new fiscal year 2002 rev- costs associated with the offices of United States (b) INVENTORY OF VEHICLES.—The Chief Fi- enue estimates as of the end of the first quarter Senator or United States Representative under nancial Officer of the District of Columbia shall of fiscal year 2002. These estimates shall be used section 4(d) of the District of Columbia State- submit, by November 15, 2001, an inventory, as in the budget request for the fiscal year ending hood Constitutional Convention Initiatives of of September 30, 2001, of all vehicles owned, September 30, 2003. The officially revised esti- 1979 (D.C. Law 3–171; D.C. Code, sec. 1–113(d)). leased or operated by the District of Columbia mates at midyear shall be used for the midyear SEC. 117. None of the funds appropriated government. The inventory shall include, but report. under this Act shall be expended for any abor- not be limited to, the department to which the SEC. 112. No sole source contract with the Dis- tion except where the life of the mother would vehicle is assigned; the year and make of the ve- trict of Columbia government or any agency be endangered if the fetus were carried to term hicle; the acquisition date and cost; the general thereof may be renewed or extended without or where the pregnancy is the result of an act condition of the vehicle; annual operating and opening that contract to the competitive bidding of rape or incest. maintenance costs; current mileage; and wheth- process as set forth in section 303 of the District SEC. 118. None of the Federal funds made er the vehicle is allowed to be taken home by a of Columbia Procurement Practices Act of 1985 available in this Act may be used to implement District officer or employee and if so, the officer (D.C. Law 6–85; D.C. Code, sec. 1–1183.3), except or enforce the Health Care Benefits Expansion or employee’s title and resident location. that the District of Columbia government or any Act of 1992 (D.C. Law 9–114; D.C. Code, sec. 36– SEC. 121. No officer or employee of the District agency thereof may renew or extend sole source 1401 et seq.) or to otherwise implement or en- of Columbia government (including any inde- contracts for which competition is not feasible force any system of registration of unmarried, pendent agency of the District but excluding the or practical: Provided, That the determination cohabiting couples, including but not limited to Chief Financial Officer of the District of Colum- as to whether to invoke the competitive bidding registration for the purpose of extending em- bia, the Metropolitan Police Department, and process has been made in accordance with duly ployment, health, or governmental benefits to the Office of the Chief Technology Officer) may promulgated rules and procedures and said de- such couples on the same basis that such bene- enter into an agreement in excess of $2,500 for termination has been reviewed and certified by fits are extended to legally married couples. the procurement of goods or services on behalf the Chief Financial Officer of the District of Co- SEC. 119. ACCEPTANCE AND USE OF GRANTS. of any entity of the District government until lumbia. Notwithstanding any other provision of this the officer or employee has conducted an anal- SEC. 113. For purposes of the Balanced Budget Act, the Mayor, in consultation with the Chief ysis of how the procurement of the goods and and Emergency Deficit Control Act of 1985 (99 Financial Officer, may accept, obligate, and ex- services involved under the applicable regula- Stat. 1037; Public Law 99–177), the term ‘‘pro- pend Federal, private, and other grants received tions and procedures of the District government gram, project, and activity’’ shall be synony- by the District government that are not reflected would differ from the procurement of the goods mous with and refer specifically to each account in the amounts appropriated in this Act. No and services involved under the Federal supply appropriating Federal funds in this Act, and such Federal, private, or other grant may be ac- schedule and other applicable regulations and any sequestration order shall be applied to each cepted, obligated, or expended until (1) the procedures of the General Services Administra- of the accounts rather than to the aggregate Chief Financial Officer of the District of Colum- tion, including an analysis of any differences in total of those accounts: Provided, That seques- bia submits to the Council a report setting forth the costs to be incurred and the time required to tration orders shall not be applied to any ac- detailed information regarding such grant, and obtain the goods or services. count that is specifically exempted from seques- (2) the Council has reviewed and approved the SEC. 122. Notwithstanding any other provision tration by the Balanced Budget and Emergency acceptance, obligation, and expenditure of such of law, not later than 120 days after the date Deficit Control Act of 1985. grant, such approval contingent upon (A) no that a District of Columbia Public Schools S11542 CONGRESSIONAL RECORD — SENATE November 7, 2001

(DCPS) student is referred for evaluation or agencies of the District of Columbia government (c) STANDARDS FOR SUBMISSION OF COM- assessment— for such fiscal year that is in the total amount PLETED VOUCHERS.—The chief judges of the Su- (1) the District of Columbia Board of Edu- of the approved appropriation and that realigns perior Court of the District of Columbia and the cation, or its successor, and DCPS shall assess all budgeted data for personal services and District of Columbia Court of Appeals shall es- or evaluate a student who may have a disability other-than-personal-services, respectively, with tablish standards and criteria for determining and who may require special education services; anticipated actual expenditures. whether vouchers submitted for claims for pay- and SEC. 127. (a) None of the Federal funds con- ments described in subsection (b) are complete, (2) if a student is classified as having a dis- tained in this Act may be used for any program and shall publish and make such standards and ability, as defined in section 101(a)(1) of the In- of distributing sterile needles or syringes for the criteria available to attorneys who practice be- dividuals with Disabilities Education Act (84 hypodermic injection of any illegal drug. fore such Courts. Stat. 175; 20 U.S.C. 1401(a)(1)) or in section 7(8) (b) Any individual or entity who receives any (d) RULE OF CONSTRUCTION.—Nothing in this of the Rehabilitation Act of 1973 (87 Stat. 359; 29 funds contained in this Act and who carries out section shall be construed to require the assess- U.S.C. 706(8)), the Board and DCPS shall place any program described in subsection (a) shall ment of interest against any claim (or portion of that student in an appropriate program of spe- account for all funds used for such program sep- any claim) which is denied by the Court in- cial education services. arately from any funds contained in this Act. volved. SEC. 123. (a) COMPLIANCE WITH BUY AMER- SEC. 128. None of the funds contained in this (e) EFFECTIVE DATE.—This section shall apply ICAN ACT.—None of the funds made available in Act may be used after the expiration of the 60- with respect to claims received by the Superior this Act may be expended by an entity unless day period that begins on the date of the enact- Court of the District of Columbia or the District the entity agrees that in expending the funds ment of this Act to pay the salary of any chief of Columbia Court of Appeals during fiscal year the entity will comply with the Buy American financial officer of any office of the District of 2002, and claims received previously that remain Act (41 U.S.C. 10a–10c). Columbia government who has not filed a cer- unpaid at the end of fiscal year 2001, and would have qualified for interest payment under this (b) SENSE OF THE CONGRESS; REQUIREMENT tification with the Mayor and the Chief Finan- section. REGARDING NOTICE.— cial Officer of the District of Columbia that the (1) PURCHASE OF AMERICAN-MADE EQUIPMENT SEC. 132. The Mayor of the District of Colum- officer understands the duties and restrictions bia shall submit to the Senate and House Com- AND PRODUCTS.—In the case of any equipment applicable to the officer and the officer’s agency or product that may be authorized to be pur- mittees on Appropriations, the Senate Govern- as a result of this Act (and the amendments mental Affairs Committee, and the House Gov- chased with financial assistance provided using made by this Act), including any duty to pre- funds made available in this Act, it is the sense ernment Reform Committee quarterly reports ad- pare a report requested either in the Act or in dressing the following issues: (1) crime, includ- of the Congress that entities receiving the assist- any of the reports accompanying the Act and ance should, in expending the assistance, pur- ing the homicide rate, implementation of com- the deadline by which each report must be sub- munity policing, the number of police officers on chase only American-made equipment and prod- mitted, and the District’s Chief Financial Offi- ucts to the greatest extent practicable. local beats, and the closing down of open-air cer shall provide to the Committees on Appro- drug markets; (2) access to drug abuse treat- (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In priations of the Senate and the House of Rep- providing financial assistance using funds made ment, including the number of treatment slots, resentatives by the 10th day after the end of the number of people served, the number of peo- available in this Act, the head of each agency of each quarter a summary list showing each re- the Federal or District of Columbia government ple on waiting lists, and the effectiveness of port, the due date and the date submitted to the treatment programs; (3) management of parolees shall provide to each recipient of the assistance Committees. a notice describing the statement made in para- and pre-trial violent offenders, including the SEC. 129. (a) None of the funds contained in number of halfway house escapes and steps graph (1) by the Congress. this Act may be used to enact or carry out any ROHIBITION OF CONTRACTS WITH PERSONS taken to improve monitoring and supervision of (c) P law, rule, or regulation to legalize or otherwise FALSELY LABELING PRODUCTS AS MADE IN halfway house residents to reduce the number of reduce penalties associated with the possession, AMERICA.—If it has been finally determined by escapes to be provided in consultation with the use, or distribution of any schedule I substance a court or Federal agency that any person in- Court Services and Offender Supervision Agen- under the Controlled Substances Act (21 U.S.C. tentionally affixed a label bearing a ‘‘Made in cy; (4) education, including access to special 802) or any tetrahydrocannabinols derivative. America’’ inscription, or any inscription with education services and student achievement to (b) The Legalization of Marijuana for Medical the same meaning, to any product sold in or be provided in consultation with the District of Treatment Initiative of 1998, also known as Ini- shipped to the United States that is not made in Columbia Public Schools; (5) improvement in tiative 59, approved by the electors of the Dis- the United States, the person shall be ineligible basic District services, including rat control and trict of Columbia on November 3, 1998, shall not to receive any contract or subcontract made abatement; (6) application for and management take effect. with funds made available in this Act, pursuant of Federal grants, including the number and SEC. 130. Nothing in this Act may be construed type of grants for which the District was eligible to the debarment, suspension, and ineligibility to prevent the Council or Mayor of the District but failed to apply and the number and type of procedures described in sections 9.400 through of Columbia from addressing the issue of the grants awarded to the District but for which the 9.409 of title 48, Code of Federal Regulations. provision of contraceptive coverage by health District failed to spend the amounts received; SEC. 124. None of the funds contained in this insurance plans, but it is the intent of Congress Act may be used for purposes of the annual and (7) indicators of child well-being. that any legislation enacted on such issue independent audit of the District of Columbia RESERVE FUNDS should include a ‘‘conscience clause’’ which government for fiscal year 2002 unless— SEC. 133. (a) IN GENERAL.—Section 202(j) of (1) the audit is conducted by the Inspector provides exceptions for religious beliefs and Public Law 104–8, the District of Columbia Fi- General of the District of Columbia, in coordina- moral convictions. nancial Responsibility and Management Assist- tion with the Chief Financial Officer of the Dis- PROMPT PAYMENT OF APPOINTED COUNSEL ance Act of 1995 is amended to read as follows: trict of Columbia, pursuant to section 208(a)(4) SEC. 131. (a) ASSESSMENT OF INTEREST FOR ‘‘(j) RESERVE FUNDS.— ‘‘(1) BUDGET RESERVE.— of the District of Columbia Procurement Prac- DELAYED PAYMENTS.—If the Superior Court of ‘‘(A) IN GENERAL.—For each of the fiscal years tices Act of 1985 (D.C. Code, sec. 1–1182.8(a)(4)); the District of Columbia or the District of Co- lumbia Court of Appeals does not make a pay- 2002 and 2003, the budget of the District govern- and ment for the fiscal year shall contain a budget (2) the audit includes a comparison of audited ment described in subsection (b) prior to the ex- piration of the 45-day period which begins on reserve in the following amounts: actual year-end results with the revenues sub- ‘‘(i) $120,000,000, in the case of fiscal year the date the Court receives a completed voucher mitted in the budget document for such year 2002. and the appropriations enacted into law for for a claim for the payment, interest shall be as- ‘‘(ii) $70,000,000, in the case of fiscal year 2003. such year. sessed against the amount of the payment which ‘‘(B) AVAILABILITY OF FUNDS.—Any amount SEC. 125. None of the Federal funds contained would otherwise be made to take into account made available from the budget reserve de- in this Act may be used by the District of Co- the period which begins on the day after the ex- scribed in subparagraph (A) shall remain avail- lumbia Corporation Counsel or any other officer piration of such 45-day period and which ends able until expended. or entity of the District government to provide on the day the Court makes the payment. ‘‘(C) AVAILABILITY OF FY 2001 BUDGET RESERVE assistance for any petition drive or civil action (b) PAYMENTS DESCRIBED.—A payment de- FUNDS.—For fiscal year 2001, any amount in the which seeks to require Congress to provide for scribed in this subsection is— budget reserve shall remain available until ex- voting representation in Congress for the Dis- (1) a payment authorized under section 11– pended. trict of Columbia. 2604 and section 11–2605, D.C. Code (relating to ‘‘(2) CUMULATIVE CASH RESERVE.—In addition SEC. 126. No later than November 1, 2001, or representation provided under the District of to any other cash reserves required under sec- within 30 calendar days after the date of the en- Columbia Criminal Justice Act); tion 450A of the District of Columbia Home Rule actment of this Act, whichever occurs later, the (2) a payment for counsel appointed in pro- Act, for each of the fiscal years 2004 and 2005, Chief Financial Officer of the District of Colum- ceedings in the Family Division of the Superior the budget of the District government for the fis- bia shall submit to the appropriate committees of Court of the District of Columbia under chapter cal year shall contain a cumulative cash reserve Congress, the Mayor, and the Council a revised 23 of title 16, D.C. Code; or of $50,000,000. appropriated funds operating budget in the for- (3) a payment for counsel authorized under ‘‘(3) CONDITIONS ON USE.—The District of Co- mat of the budget that the District of Columbia section 21–2060, D.C. Code (relating to represen- lumbia may obligate or expend amounts in the government submitted pursuant to section 442 of tation provided under the District of Columbia budget reserve under paragraph (1) or the cu- the District of Columbia Home Rule Act (Public Guardianship, Protective Proceedings, and Du- mulative cash reserve under paragraph (2) only Law 93–198; D.C. Code, sec. 47–301), for all rable Power of Attorney Act of 1986). in accordance with the following conditions: November 7, 2001 CONGRESSIONAL RECORD — SENATE S11543

‘‘(A) The Chief Financial Officer of the Dis- funds whenever deposited in the District of Co- SEC. 139. The limitation on attorneys’ fees trict of Columbia shall certify that the amounts lumbia Antitrust Fund established pursuant to paid by the District of Columbia for actions are available. section 2 of the District of Columbia Antitrust brought under the Individuals with Disabilities ‘‘(B) The amounts shall be obligated or ex- Act of 1980 (D.C. Law 3–169; D.C. Code § 28– Education Act (20 U.S.C. 1400 et seq.) (sec. 138) pended in accordance with laws enacted by the 4516), the Antifraud Fund established pursuant shall not apply if the plaintiff is a child who Council in support of each such obligation or to section 820 of the District of Columbia Pro- is— expenditure. curement Practices Act of 1985, effective Feb- (1) from a family with an annual income of ‘‘(C) The amounts may not be used to fund ruary 21, 1986 (D.C. Law 6–85; D.C. Code § 1– less than $17,600; or the agencies of the District of Columbia govern- 1188.20), and the District of Columbia Consumer (2) from a family where one of the parents is ment under court ordered receivership. Protection Fund established pursuant to section a disabled veteran; or ‘‘(D) The amounts may be obligated or ex- 1402 of the District of Columbia Budget Support (3) where the child has been adjudicated as pended only if the Mayor notifies the Commit- Act for fiscal year 2001 (D.C. Law 13–172; D.C. neglected or abused. tees on Appropriations of the House of Rep- Code § 28–3911), are hereby appropriated for the SEC. 140. MANDATORY ADVANCED ELECTRONIC resentatives and Senate in writing 30 days in use of the Office of the Corporation Counsel of INFORMATION FOR AIR CARGO AND PASSENGERS advance of any obligation or expenditure. the District of Columbia until September 30, ENTERING THE UNITED STATES. (a) AIR CARGO ‘‘(4) REPLENISHMENT.—Any amount of the 2003, in accordance with the statutes that estab- INFORMATION.— budget reserve under paragraph (1) or the cu- lished these funds. (1) IN GENERAL.—Section 431(b) of the Tariff mulative cash reserve under paragraph (2) SEC. 136. RISK MANAGEMENT FOR SETTLE- Act of 1930 (19 U.S.C. 1431(b)) is amended— which is expended in one fiscal year shall be re- MENTS AND JUDGMENTS. In addition to any other (A) by striking ‘‘(b) PRODUCTION OF MANI- plenished in the following fiscal year appropria- authority to pay claims and judgments, any de- FEST.—Any manifest’’ and inserting the fol- tions to maintain the required balance.’’. partment, agency, or instrumentality of the Dis- lowing: (b) EFFECTIVE DATE.—The amendment made trict government may pay the settlement or ‘‘(b) PRODUCTION OF MANIFEST.— by subsection (a) shall take effect October 1, judgment of a claim or lawsuit in an amount ‘‘(1) IN GENERAL.—Any manifest’’; 2001. less than $10,000, in accordance with the Risk (c) CONFORMING AMENDMENTS.—Section 159(c) (B) by indenting the margin of paragraph (1), Management for Settlements and Judgments as so designated, two ems; and of the District of Columbia Appropriations Act, Amendment Act of 2000, effective October 19, 2001 (Public Law 106–522; 114 Stat. 2482) is (C) by adding at the end the following new 2000 (D.C. Law 13–172; D.C. Official Code § 2– paragraph: amended to read as follows: 402). ‘‘(c) EFFECTIVE DATE.— ‘‘(2) ADDITIONAL INFORMATION.— SEC. 137. To waive the period of Congressional ‘‘(1) IN GENERAL.—Except as provided in para- ‘‘(A) IN GENERAL.—In addition to any other review of the Closing of Portions of 2nd and N graph (2), this section and the amendments requirement under this section, every air carrier Streets, N.E. and Alley System in Square 710, made by this section shall take effect on October required to make entry or obtain clearance S.O. 00–97, Act of 2001. Notwithstanding section 1, 2000. under the customs laws of the United States, the 602(c)(1) of the District of Columbia Home Rule ‘‘(2) REPEAL OF POSITIVE FUND BALANCE RE- pilot, the master, operator, or owner of such Act (sec. 1–233(c)(1), D.C. Code), the Closing of QUIREMENT.—The amendment made by sub- carrier (or the authorized agent of such owner section (b)(2) shall take effect October 1, 1999. Portions of 2nd and N Streets, N.E. and Alley or operator) shall provide by electronic trans- ‘‘(3) TRANSFER OF FUNDS.—All funds identi- System in Square 710, S.O. 00–97, Act of 2001 mission cargo manifest information specified in fied by the District government pursuant to sec- (D.C. Act 14–106) shall take effect on the date of subparagraph (B) in advance of such entry or tion 148 of Public Law 106–113, as reflected in the enactment of such Act or the date of the en- clearance in such manner, time, and form as the the certified annual financial report for fiscal actment of this Act, whichever is later. Secretary shall prescribe. The Secretary may ex- SEC. 138. (a) None of the funds contained in year 2000, shall be deposited during fiscal year clude any class of air carrier for which the Sec- this Act may be made available to pay the fees 2002 into the Emergency and Contingency Re- retary concludes the requirements of this sub- of an attorney who represents a party who pre- serve Funds established pursuant to Section 159 paragraph are not necessary. vails in an action or any attorney who defends of Public Law 106–522, during fiscal year 2002.’’. ‘‘(B) INFORMATION REQUIRED.—The informa- any action, including an administrative pro- (d) CONTINGENCY RESERVE FUND.—Section tion specified in this subparagraph is as follows: ceeding, brought against the District of Colum- 450A(b) of the Home Rule Act (Public Law 93– ‘‘(i) The port of arrival or departure, which- bia Public Schools under the Individuals with 198) is amended— ever is applicable. Disabilities Education Act (20 U.S.C. 1400 et (1) by striking paragraph (1) and inserting the ‘‘(ii) The carrier code, prefix code, or, both. seq.) if— following: ‘‘(iii) The flight or trip number. ‘‘(1) IN GENERAL.—There is established a con- (1) the hourly rate of compensation of the at- torney exceeds 300 percent of the maximum ‘‘(iv) The date of scheduled arrival or date of tingency cash reserve fund (in this subsection scheduled departure, whichever is applicable. referred to as the ‘contingency reserve fund’) as amount of compensation under section 11– 2604(b)(1), District of Columbia Code; or ‘‘(v) The request for permit to proceed to the an interest-bearing account (separate from other destination, if applicable. accounts in the General Fund) into which the (2) the maximum amount of compensation of the attorney exceeds 300 percent of the max- ‘‘(vi) The numbers and quantities from the Mayor shall deposit in cash not later than Octo- master and house air waybill or bills of lading. ber 1 of each fiscal year (beginning with fiscal imum amount of compensation under section 11– 2604(b)(1), District of Columbia Code, except ‘‘(vii) The first port of lading of the cargo. year 2002) such amount as may be required to ‘‘(viii) A description and weight of the cargo. maintain a balance in the fund of at least 3 per- that compensation and reimbursement in excess of such maximum may be approved for extended ‘‘(ix) The shippers name and address from all cent of the total budget appropriated for oper- air waybills or bills of lading. ating expenditures for such fiscal year which is or complex representation in accordance with section 11–2604(c), District of Columbia Code; ‘‘(x) The consignee name and address from all derived from local funds (or, in the case of fiscal air waybills or bills of lading. years prior to fiscal year 2007, such amount as and (3) in no case may the compensation limits in ‘‘(xi) Notice that actual boarded quantities are may be required to maintain a balance in the paragraphs (1) and (2) exceed $3,000. not equal to air waybill or bills of lading quan- fund of at least the minimum contingency re- (b) Notwithstanding the preceding subsection, tities. serve balance for such fiscal year, as determined if the Mayor and the Superintendent of the Dis- ‘‘(xii) Transfer or transit information. under paragraph (2)).’’; and trict of Columbia Public Schools concur in a ‘‘(xiii) Warehouse or other location of the (2) by striking subparagraph (B) of paragraph Memorandum of Understanding setting forth a cargo. (2) and inserting the following: new rate and amount of compensation, or a new ‘‘(xiv) Such other information as the Sec- ‘‘(B) APPLICABLE PERCENTAGE DEFINED.—In retary, by regulation, determines is reasonably subparagraph (A), the ‘applicable percentage’ limit referred to in subsection (a)(3), then such necessary to ensure aviation transportation with respect to a fiscal year means the fol- new rates or limits shall apply in lieu of the safety pursuant to the laws enforced or adminis- lowing: rates and limits set forth in the preceding sub- tered by the Customs Service. ‘‘(i) For fiscal year 2002, 0 percent. section to both the attorney who represents the ‘‘(ii) For fiscal year 2003, 0 percent. prevailing party and the attorney who defends ‘‘(3) AVAILABILITY OF INFORMATION.—Infor- ‘‘(iii) For fiscal year 2004, 0 percent. the action. mation provided under paragraph (2) may be ‘‘(iv) For fiscal year 2005, 1 percent. (c) Notwithstanding 20 U.S.C. § 1415, 42 U.S.C. shared with other departments and agencies of ‘‘(v) For fiscal year 2006, 2 percent.’’. § 1988, 29 U.S.C § 794a, or any other law, none of the Federal Government, including the Depart- SEC. 134. INTEGRATED PRODUCT TEAM. No the funds appropriated under this Act, or in ap- ment of Transportation and the law enforce- funds appropriated by this Act shall be avail- propriations Acts for subsequent fiscal years, ment agencies of the Federal Government, for able for an Integrated Product Team until reor- may be made available to pay attorneys’ fees ac- purposes of protecting the national security of ganization plans for the Integrated Product crued prior to the effective date of this Act that the United States.’’. Team and a Capital Construction Services Ad- exceeds a cap imposed on attorneys’ fees by (2) CONFORMING AMENDMENTS.—Subpara- ministration have been approved, or deemed ap- prior appropriations Acts that were in effect graphs (A) and (C) of section 431(d)(1) of such proved, by the Council: Provided, That this during the fiscal year when the work was per- Act are each amended by inserting before the paragraph shall not apply to funds appro- formed, or when payment was requested for semicolon ‘‘or subsection (b)(2)’’. priated for the Office of Contracting and Pro- work previously performed, in an action brought (b) PASSENGER INFORMATION.—Part II of title curement. against the District of Columbia Public Schools IV of the Tariff Act of 1930 is amended by in- SEC. 135. CORPORATION COUNSEL ANTITRUST, under the Individuals With Disabilities Act (20 serting after section 431 the following new sec- ANTIFRAUD, CONSUMER PROTECTION FUNDS. All U.S.C. § 1400 et seq.). tion: S11544 CONGRESSIONAL RECORD — SENATE November 7, 2001 ‘‘SEC. 432. PASSENGER AND CREW MANIFEST IN- The PRESIDING OFFICER. The bought a home or rented an apartment FORMATION REQUIRED FOR AIR clerk will call the roll. and used all their resources; and now, CARRIERS. ‘‘(a) IN GENERAL.—For every person arriving The legislative clerk proceeded to as a mother thinks about her children’s or departing on an air carrier required to make call the roll. future, she is thinking about the gro- entry or obtain clearance under the customs Mr. REID. Madam President, I ask ceries next week. laws of the United States, the pilot, the master, unanimous consent that the order for America can afford to debate this operator, or owner of such carrier (or the au- the quorum call be rescinded. issue philosophically and how it may thorized agent of such owner or operator) shall The PRESIDING OFFICER. Without have changed our laws or our lives. provide, by electronic transmission, manifest in- objection, it is so ordered. That luxury is not available to these formation specified in subsection (b) in advance young families. of such entry or clearance in such manner, time, f It raises in the Senate an important and form as the Secretary shall prescribe. MORNING BUSINESS ‘‘(b) INFORMATION.—The information specified question about how we can respond. in this subsection with respect to a person is— Mr. REID. Madam President, I ask Some weeks ago the House of Rep- ‘‘(1) full name; unanimous consent that there now be a resentatives passed legislation to pro- ‘‘(2) date of birth and citizenship; period for morning business, with Sen- vide tax relief to families of these vic- ‘‘(3) sex; ators allowed to speak for up to 10 min- tims so that as these young mothers or ‘‘(4) passport number and country of issuance; utes each. ‘‘(5) United States visa number or resident fathers received their last paychecks or alien card number, as applicable; The PRESIDING OFFICER. Without struggled to deal with the financial re- ‘‘(6) passenger name record; and objection, it is so ordered. alities or negotiate perhaps bonuses ‘‘(7) such other information as the Secretary, f from employers who are themselves by regulation, determines is reasonably nec- struggling to deal with the impact, essary to ensure aviation transportation safety SEPTEMBER 11 VICTIMS’ TAX LEGISLATION they can at least husband these re- pursuant to the laws enforced or administered sources without concern that the Fed- by the Customs Service. Mr. TORRICELLI. Madam President, eral Government will tax what they ‘‘(c) AVAILABILITY OF INFORMATION.—Infor- nearly 2 months have passed since the mation provided under this section may be have remaining. That legislation has shared with other departments and agencies of events of September 11. The tragedy been sent to the Senate Finance Com- the Federal Government, including the Depart- and its ramifications have been part of mittee. These weeks we have been ment of Transportation and the law enforce- the life of every American family in working to prepare it and have it ready ment agencies of the Federal Government, for the weeks that have followed. Even for committee consideration. purposes of protecting the national security of American schoolchildren can recount I want my colleagues to know that the United States.’’. not only the images but recite the enough time has now passed. I am, on (c) DEFINITION.—Section 401 of the Tariff Act numbers of the dead, the cost, and the this day, introducing this legislation to of 1930 (19 U.S.C. 1401) is amended by adding at consequences. the end the following new subsection: the Senate. I will offer it as an amend- ‘‘(t) AIR CARRIER.—The term ‘air carrier’ In my State there are hundreds of ment when the Senate Finance Com- means an air carrier transporting goods or pas- people who did not come home on that mittee meets tomorrow to consider sengers for payment or other consideration, in- night. The changes experienced by av- stimulus and tax legislation as an cluding money or services rendered.’’. erage Americans cannot obviously be amendment. (d) EFFECTIVE DATE.—The amendments made compared with the families them- I commend Senator BAUCUS for not by this section shall take effect 45 days after the selves—wives and husbands, children, only his support but his efforts in date of enactment of this Act. brothers and sisters who are rebuilding SEC. 141. The General Accounting Office, in drafting this legislation. I also under- consultation with the relevant agencies and shattered lives. They wake up every stand Senator NICKLES wants to under- members of the Committee on Appropriations day reminding themselves of the new standably change the legislation to in- Subcommittee on the District of Columbia, shall reality that will follow them through- clude equitable treatment for the vic- submit by January 2, 2002 a report to the Com- out their lives. tims of Oklahoma City. mittees on Appropriations of the House and the Recently, Senator CORZINE and I met The victims’ tax legislation will es- Senate and the Committee on Governmental Af- with a number of the widows and wid- sentially extend the benefits currently fairs of the Senate and the Committee on Gov- owers. You can only imagine, if this offered to military personnel and Gov- ernment Reform of the House of Representatives entire Nation has found it difficult to detailing the awards in judgment rendered in ernment employees who die as a result the District of Columbia that were in excess of accept the reality of these cir- of combat or terrorism to civilians the cap imposed by prior appropriations Acts in cumstances, what it is like for a young abroad. The legislation will waive in- effect during the fiscal year when the work was mother still recoiling from the experi- come tax liability for both this year performed, or when payment was requested for ence of informing her children, or a fa- and last year and will refund any in- work previously performed, in actions brought ther, now left to raise children alone. come taxes paid in those years to the against the District of Columbia Public Schools The pain of September 11 is measured family. under the Individuals with Disabilities Edu- on many scales. It has changed the fi- As I am certain my colleagues would cation Act (20 U.S.C. § 1400 et seq.): Provided, nances of this Government. It has for- That such report shall include a comparison of agree, these funds are better used by the cause of actions and judgments rendered ever impacted our national sense of families to rebuild their lives rather against public school districts of comparable de- safety. But for these few thousand fam- than used by the Federal Government mographics and population as the District. ilies, it has changed lives in ways we at this moment. This Act may be cited as the ‘‘District of Co- could never hope to understand. There is, however, the question of lumbia Appropriations Act, 2002’’. There is little in terms of the things those employees who lost their lives Ms. LANDRIEU. I move to reconsider that matter that any of us can do to and their families who may have had the vote and I move to lay that motion generally offer comfort or consolation. income so modest, they did not pay on the table. But in the ways that Government can Federal income tax. Under my legisla- The motion to lay on the table was measure compassion, there are things tion, which improves upon the version agreed to. we must try to do. of the House of Representatives, the The PRESIDING OFFICER. Under Families that JON CORZINE and I met Senate bill I am introducing will re- the previous order, the Senate insists with indicated to us that when they are fund 2 years’ worth of payroll taxes to on its amendments, requests a con- not dealing with the pain or the trau- families of those who lost their lives on ference with the House on the dis- ma, life has returned to much more September 11. agreeing votes of the two Houses, and mundane things: A woman who even as I have also drafted legislation to in- the Chair appoints Ms. LANDRIEU, Mr. she buries her husband thinks about clude significant estate tax relief for DURBIN, Mr. REED, Mr. INOUYE, Mr. next month’s mortgage; the young families by exempting the first $3 mil- DEWINE, Mrs. HUTCHISON, and Mr. STE- family who even when they are con- lion in assets from both Federal and VENS conferees on the part of the Sen- soling their children are dealing with State estate taxes and $8.5 million ate. colleges or grade schools on next year’s from Federal estate tax. Ms. LANDRIEU. Madam President, I tuition; the young family who may These are the funds these families suggest the absence of a quorum. have just started life together and will use for this generation and perhaps November 7, 2001 CONGRESSIONAL RECORD — SENATE S11545 succeeding generations to bring order The President of the United States threat to the safety of Calvert Cliffs by and security to their lives. They should was warning us against more attacks. this proposed reopening. keep this money. It is not for us. If this The Attorney General had us on high Finally, I am asking the Governor of is the last and only gift a mother or fa- alert. And FERC is signing little pieces Maryland, Parris Glendening, to use ther had to give to their children or of paper saying ‘‘you all come from Al- his local regulatory authority to re- husband, or wife to their spouse, that is geria.’’ view this proposal. as it should be. It is not for us. I cannot believe it. Calvert Cliffs, 31⁄2 You can be sure that I will follow up Current law excludes disability bene- miles away, needs to be protected. The with all these officials. I am very seri- fits from income if a U.S. employee is International Atomic Energy Agency ous about the threat of terrorism. And injured in a terrorist attack outside and U.S. officials have warned that nu- I am sure some of my colleagues will the United States. This legislation will clear powerplants are at risk. share my concern. also expand this to include those in- The Homeland Security Director, I want to make sure that LNG ship- jured in a terrorist attack in the Tom Ridge, has called for increased se- ments into Cove Point and other Amer- United States. curity at nuclear powerplants. ican terminals are thoroughly consid- Every Member of the Senate should We cannot fly over nuclear power- ered as a national security issue, not feel proud to be part of this legislation. plants. Why should we be able to dock just an energy issue, and that they are We have offered assistance to the next to them with an LNG tanker? part of our threat assessment. States of Virginia and New York and From where do these LNG tankers I am not confident that those who New Jersey because of the terrorist at- come? One of the main sources is Alge- gave preliminary approval to reopen tacks. We have offered relief to the air- ria. Algeria is on every terrorist watch Cove Point gave this matter the rig- line industry to save them from bank- list. It is the home of the Armed Is- orous review it deserves. ruptcy. There is debate now on what lamic Group, or IGA, a terrorist group I want every single agency with au- should be done for the insurance indus- with international reach. Islamic radi- thority over LNG plants and shipping try. These things may all be right and cals from Algeria are key players in to take a look at the risk of terrorist proper. They are not complete. bin Laden’s terrorist network. But that attacks. No financial arrangement, no change is OK; an Algerian tanker can just Madam President, let me conclude by of the law could possibly be complete come up and park in Maryland next to saying this. We are all warriors in the unless we address the question of fami- a nuclear powerplant. I am concerned war on terrorism. Whether we are a bu- lies themselves. Senator CORZINE and I that these terrorists could attack ships reaucrat or a technocrat or whether we made a solemn pledge to these families carrying fuels, posing a real risk. are a soldier in Afghanistan, we all The mayor of Boston is also worried that we would not rest until this is need to stand sentry. Thousands of peo- about it. That is why he tried to keep done. I can assure you that promise ple died at the two World Trade Center an LNG tanker out of Boston Harbor. will be kept. There is little else this Towers because of sloppiness and in- If LNG tankers are allowed in the Government can offer these people. competence at our airports. We cannot Chesapeake Bay near Calvert Cliffs, a This much, Madam President, we can let the same sloppiness go on at our and should do. nightmare scenario could become a re- seaports. f ality. As America leads the war on ter- I will stand sentry, working for the THANKING SENATOR ALLEN rorism, we cannot do business as usual United States of America and pro- Ms. MIKULSKI. Madam President, I and issue permits without analysis tecting the Chesapeake Bay. I wanted would like to take this opportunity to through a national security prism. to bring this to my colleagues’ atten- thank Senator ALLEN for his gen- I acknowledge we do need more nat- tion. I say to my colleagues, where erosity and his collegiality. ural gas in our country. I acknowledge they are giving permits, you want to As one of the displaced Hart people, we need to look at energy policy. But make sure that it is not quite as per- he very graciously offered facilities in while we are looking at the long-range missible as people might think. his own office to welcome my staff. It solutions, we should not make short- I yield the floor. was a bridge across the Potomac, hope- range decisions that put us further at The PRESIDING OFFICER. The Sen- fully a little bit less expensive than the risk. ator from Connecticut. Woodrow Wilson Bridge. Now we are So what am I doing about it? f working together on the capital region I am demanding that the Chairman ELECTION REFORM security plan. I express in this time of FERC review their permitting proc- this is what bipartisan collegiality is ess and review their Commission’s de- Mr. DODD. Madam President, I all about. cision on Cove Point in the interest of thank the distinguished Senator from Louisiana, the distinguished Senator f national security and national safety. I don’t know what they were thinking from Texas, and the distinguished Sen- COVE POINT about on October 11, but they are going ator from Illinois for allowing me to Ms. MIKULSKI. Madam President, I do have to rethink this whole process. speak for 7 minutes on an unrelated want to bring the full attention of the I am bringing this matter to the at- subject matter. Senate to a national security issue tention of Homeland Security Director It was 1 year ago on this very day about which I am deeply alarmed. Tom Ridge and FBI Director Robert that we had a national election. It was Plans are well underway to reactivate Mueller, urging them to fully consider on November 7 of last year when 105 and expand a liquefied natural gas, potential risks from terrorism and to million of our fellow citizens went to LNG, terminal at Cove Point in Mary- get a hold on the permitting processes the polls to elect a President of the land. that are going on in this country. United States, Congress, and a variety What would this mean? It would I am turning to U.S. Coast Guard Ad- of governorships and State legislative mean that foreign ships, transporting miral Loy to ensure that the Coast offices. As we all recall, although it is flammable liquid natural gas, would Guard rigorously reviews the Cove hard to imagine it has been a year, it come up the Chesapeake Bay and dock Point proposal, working with the Office was a very controversial election, one 31⁄2 miles down from the nuclear power- on Homeland Security and the FBI to that went on for a month before a final plant at Calvert Cliffs. fully consider potential risks from ter- decision was made by the Supreme Can you believe that the Federal En- rorism. Court. ergy Regulatory Commission has given The Coast Guard has authority over According to the CalTech-MIT re- preliminary approval to reopen the foreign LNG tankers that would come port, as many as 4 million to 6 million Cove Point LNG facility and will let into the Chesapeake Bay. I have al- people actually showed up to vote that this type of tanker steam up the bay ready discussed this with our local day, but for a variety of reasons in and park next to a nuclear powerplant? commander, Captain Peoples, who is States across the country, were told And guess when they did it? They did it now taking a look at this issue. they could not vote or they voted and on October 11, the 1-month anniversary I am asking the Nuclear Regulatory their vote was not counted. That is ac- of the terrorist attack on America. Commission to look into the potential cording to CalTech and MIT. S11546 CONGRESSIONAL RECORD — SENATE November 7, 2001 According to that same report, these These three requirements provide for: Therefore, I would like to clarify sev- votes were lost due to a variety of rea- Federal standards for voting machines eral points with the chairman and sons that have existed for a long time. and technology, provisional voting, and ranking member of the subcommittee They did not just happen in one place distribution of sample ballots and vot- about the uses of these funds. It is my or in one election: Faulty equipment, ing instructions. understanding that this fund is sup- confusing ballots, registration mixups, There are a lot of ideas for improving posed to provide grants to organiza- flawed polling place operations, absen- our system that can be incorporated. It tions for the purpose of advising chari- tee ballot problems, and the list goes is not about ideology, it is about what table organizations on expanding their on. reforms need to be made to enhance operations effectively and providing It was not about one State. We all fo- the voting systems of our country. guidance on how to emulate model so- cused on Florida, but the fact remains, Our staffs are meeting. Senator BOND cial service practices. Am I correct on in the other 49 States there were prob- is deeply interested in the fraud issue. that point? lems to varying degrees. Again, these He has said what I think is the best Mr. HARKIN. The Senator is correct. problems were not limited to one line about the election process. Sen- The Compassion Capital Fund will pro- State. In fact, the General Accounting ator BOND says: Voting ought to be vide grants to public/private partner- Office found that 57 percent of voting easy, and cheating ought to be hard. He ships to help charitable organizations jurisdictions nationwide experienced is exactly right, and his efforts to try develop ‘‘best practices’’ as a social major problems conducting the Novem- to deal with the fraud issues are ones I service agency. The goal of grantees of ber 7, 2000, elections. welcome. the Compassion Capital Fund will be to These problems were not limited to I am hopeful we can weave reforms improve the effectiveness of social pro- one election. In fact, many of these are which address these issues into a bill to grams and community initiatives systemic problems with our election which we all will be willing to lend our around the Nation. The Senate has not systems that have existed for years. names. I intend to continue to work yet debated the President’s Faith For example, over 11 million Ameri- with those Members who are interested Based Initiative, and the Senator is cans who are blind or have a hand mo- in this subject. correct that this fund is only for the bility disability have never been able We do not have the answer yet, but I development of model best practices. to cast a secret ballot. Not a single bal- did not want this day to pass when I Mr. SPECTER. I appreciate the lot in America is in braille. know there will be a lot of discussion chairman and Senator from Rhode Is- In fact, according to the General Ac- about what happened a year ago. Obvi- land for clarifying these points. It is counting Office, of the 120,000 polling ously, the events of September 11 important to note that this appropria- places in America, 50,000 of them are threw the entire agenda of the Con- tions bill is not changing any of the physically inaccessible to the disabled. gress off its predictable path. We are rules or standards for government Despite the fact we passed the Ameri- scrambling to get back to some of funding of religious organizations and cans with Disabilities Act, there still is these issues that need to be addressed. we have funded the two programs in a staggering number of our voting For Americans who wonder if anything the President’s Faith-Based Initiative places that are not accessible. has been done over the last year, the that we believe are authorized. We could spend a lot of time talking answer is yes. These are not simple Mr. REED. I thank the chairman and about what happened a year ago, but I matters. There are strongly held views. the ranking member of the sub- want to take the few minutes available We have longstanding traditions about committee for clarifying these points, to me to strike a more positive note. how voting is to be conducted in this and I look forward to working to fur- Senator BOND of Missouri, Senator country. ther clarify this matter during the con- MCCONNELL of Kentucky, myself, and Americans, as they demonstrated ference committee process. Senator SCHUMER of New York are all yesterday in New Jersey, Connecticut, f working to put together a bill to bring Virginia, and in places all over the CHANGES TO THE 2002 APPROPRIA- to the Senate in the coming weeks. We country where elections were held, still TIONS COMMITTEE ALLOCATION are working on a compromise proposal believe very deeply in the right to vote AND BUDGETARY AGGREGATES that will allow us to try to fix the and have their votes counted. I am problems that existed in the year 2000 hopeful that in the coming days we will Mr. CONRAD. Madam President, sec- elections. be able to announce a compromise pro- tion 314 of the Congressional Budget This is not about the past, but about posal. Act, as amended, requires the chair- the future of our democracy. As Thom- Again, I thank my colleague from man of the Senate Budget Committee as Paine once said, the right to vote is Missouri, Senator BOND, my colleague to adjust the budgetary aggregates and the right upon which all other rights from Kentucky, Senator MCCONNELL, the allocation for the Appropriations depend. Certainly we ought to be able my colleague from New York, Senator Committee by the amount of appro- to get this right in the 21st century. SCHUMER, and many others interested priations designated as emergency To reach that goal, those of us who in this subject matter. Our hope is we spending pursuant to section are interested in the issue have been will soon be able to bring a compromise 251(b)(2)(A) of the Balanced Budget and working together to come up with a bi- election reform bill before the Senate Emergency Deficit Control Act of 1985, partisan proposal that will meet the of the United States. as amended. The conference report to concerns and objectives of all of us in f H.R. 2620, the Departments of Veterans this Chamber and, hopefully, in the Affairs and Housing and Urban Devel- LABOR, HHS, EDUCATION other body as well. opment, and Independent Agencies Ap- APPROPRIATIONS BILL On August 2, the Rules Committee, propriations Act of 2002, provides $1.5 which I chair, approved a bill which COMPASSION CAPITAL FUND billion in designated emergency fund- does three major things: Mr. REED. Madam President, I rise ing in 2002 for FEMA disaster relief. It creates a temporary commission to to inquire about the Compassion Cap- Because that budget authority is not study election reform issues and issue ital Fund, which is funded in this bill estimated to result in any new outlays ‘‘best practice’’ recommendations. at $89 million. As my colleagues know, in 2002, the adjustment made herein is It creates a grant program to provide this fund was requested by the Presi- for budget authority only. States and localities with Federal dent as part of his Faith-Based Initia- Pursuant to section 302 of the Con- funds to acquire updated voting sys- tive. This is a significant amount of gressional Budget Act, I hereby revise tems and technology, improve voter money and I want to note that the Sen- the 2002 allocation provided to the Sen- registration systems, and educate vot- ate has not yet considered legislation ate Appropriations Committee in the ers and poll workers. authorizing various aspects of the concurrent budget resolution in the It establishes three minimum Fed- President’s Faith-Based Initiative, in- following amounts. eral requirements for Federal elections cluding provisions which might alter Pursuant to section 311 of the Con- and authorizes Federal funding for longstanding rules on government gressional Budget Act, I hereby revise these requirements. funding of religious organizations. the 2002 budget aggregates included in November 7, 2001 CONGRESSIONAL RECORD — SENATE S11547 the concurrent budget resolution in the read this list and consider involvement carry on Mr. Curseen’s petition drive following amounts. in the safety and security of his or her for the speed bumps. I ask to print tables 1 and 2 in the own school. A religious man, who led a bible RECORD, which reflect the changes f study group at work and was often the made to the committee’s allocation first one at church on Saturdays, Mr. and to the budget aggregates. LOCAL LAW ENFORCEMENT ACT Curseen never forgot the Washington, There being no objection, the mate- OF 2001 D.C. neighborhood where he was raised rial was ordered to be printed in the Mr. SMITH of Oregon. Madam Presi- and often returned to visit his old RECORD, as follows: dent, I rise today to speak about hate church and school. The Reverend Low- crimes legislation I introduced with ell Chase of Our Lady of Perpetual Help TABLE 1.—REVISED ALLOCATION FOR APPROPRIATIONS Senator KENNEDY in March of this church in Washington said of Mr. COMMITTEE, 2002 year. The Local Law Enforcement Act Curseen, He was just a good and honor- [In millions of dollars] of 2001 would add new categories to able man who did his duty in a very current hate crimes legislation sending Budget simple and responsible way. authority Outlays a signal that violence of any kind is The account of Mr. Curseen’s illness unacceptable in our society. Current Allocation: and sudden death is tragic. On a Tues- General Purpose Discretionary ...... 547,944 537,907 I would like to describe a terrible day, he started feeling ill, but assumed Highways ...... 0 28,489 crime that occurred February 9, 1993, Mass Transit ...... 0 5,275 it was just a cold. Despite his wors- Conservation ...... 1,760 1,232 in Hartford, CT. Johny Pittman, 29, ening pain in the following days, he in- Mandatory ...... 358,567 350,837 and John L. Pittman, 21, allegedly sisted on going to work, and was upset Total ...... 908,271 923,740 robbed, abducted, and sexually as- on Friday when he had to leave work saulted a gay man. The assailants al- early because he was so ill. Adjustments: General Purpose Discretionary ...... 1,500 0 legedly asked the victim if he was gay Mr. Curseen did not suspect that his Highways ...... 0 0 before assaulting him. They were illness might be something more dan- Mass Transit ...... 0 0 Conservation ...... 0 0 charged with a hate crime and four gerous than a cold. He was not worried Mandatory ...... 0 0 other offenses related to the incident. that he might have contracted an- Total ...... 1,500 0 I believe that government’s first duty thrax, according to his wife Celestine, is to defend its citizens, to defend them because the Postmaster-General had Revised Allocation: against the harms that come out of General Purpose Discretionary ...... 549,444 537,907 told the workers that there was little Highways ...... 0 28,489 hate. The Local Law Enforcement En- risk of infection from sealed envelopes Mass Transit ...... 0 5,275 hancement Act of 2001 is now a symbol Conservation ...... 1,760 1,232 at mail sorting facilities. Still, Mr. Mandatory ...... 358,567 350,837 that can become substance. I believe Curseen took some precautions and that by passing this legislation, we can Total ...... 909,771 923,740 purchased rubber gloves and shared change hearts and minds as well. them with seven co-workers. In church that Saturday, he fainted. TABLE 2.—REVISED BUDGET AGGREGATES, 2002 f The medics who came to revive him [In millions of dollars] IN MEMORY OF JOSEPH CURSEEN, JR. AND THOMAS MORRIS, JR. asked if he wanted to go the hospital. Replying that it would not be nec- Budget Outlays Surplus authority Mrs. CLINTON. Madam President, I essary, Mr. Curseen went to work in- rise today to pay tribute to two men Current allocation: Budget stead. At work, he felt worse and de- Resolution ...... 1,516,219 1,481,928 186,737 who lost their lives while serving their cided to go to the hospital. There, he Adjustments: Emergency funds, country, and to express the profound FEMA ...... 1,500 0 0 was treated for flu-like symptoms and Revised allocation: Budget sorrow that our entire country feels as released only to faint again on Sunday, Resolution ...... 1,517,719 1,481,928 186,737 a result of this loss. I want to extend this time at home. His family rushed f my deepest sympathies to the families him to the hospital where he died six of Joseph Curseen, Jr. of Clinton, MD EMPOWERING STUDENTS TO PRE- hours later. and Thomas Morris, Jr. of Suitland, His sister, Joan Jackson, has re- VENT GUN VIOLENCE IN MD. I commend their service to our marked, SCHOOLS country, which combined totals nearly And I just feel that my brother did not die Mr. LEVIN. Madam President, over 50 years, and pay tribute to the honor- in vain; that he is an example, he is a saint, the past several years, there have been able lives they lived. he’s a martyr for this country. He’s every a number of incidents of gun violence The sudden deaths of two District of man, and . . . He’s an example to us of how in our schools. Tragedies such as the Columbia postal employees a few this affects home, how it affects us in all of shootings at Columbine High School in weeks ago shook our nation. We have our lifestyles. Littleton, CO, have amplified concerns come to realize that in our battle Thomas Morris, Jr., 55, fondly called among students across the Nation that against terrorism at home, our postal ‘‘Moe’’ by those who knew him, had 32 gun violence could happen in their workers, men and women in uniform, years of service with the Postal Serv- schools. are on the front lines. ice. His strong work ethic—he often Many organizations have initiated ef- Joseph Curseen, Jr., 47, an employee worked overtime on the night shift— forts to help students cope with their of the United States Postal Service for was well known. He had a passion for fear. The National Crime Prevention 15 years, never missed a day of work— bowling and served as president of the Council, NCPC, for example, has devel- a truly commendable feat. He worked ‘‘Tuesday Morning Mixed League’’ at oped a list of ‘‘12 Things Students Can evenings at the Brentwood Road mail the Parkland Bowl in Silver Hill, Do’’ to stop school violence. Some of facility in Northeast Washington, D.C. Maryland. Mr. Morris was dedicated to the suggestions include, reporting any where he supervised bar coding ma- his family. He leaves behind his wife, crime immediately to school authori- chines that handled government mail. Mary, a son, two stepchildren and ties or police and reporting suspicious Mr. Curseen was dedicated to his com- three grandchildren. or worrisome behavior or talk by other munity and served as president of the Mr. Morris was an intensely private students to a teacher or counselor. homeowners’ association. He helped in- man and, in keeping with this, his fam- There are also recommendations for stitute a neighborhood watch and, al- ily requested that people who knew students to manage their anger effec- though he did not have children of his him not share their memories of him tively and to refuse to bring a weapon own, he helped build the neighborhood with the media. to school, refuse to carry a weapon for playground. Shortly before his death, Washington Mayor Anthony Wil- another, and refuse to keep silent Mr. Curseen, concerned about speeding liams, who attended Morris’ funeral, about those who carry weapons. The traffic, went door to door to urge his said of him, ‘‘He was a man who complete list can be found on the NCPC neighbors to sign a petition to install worked in the Post Office, a God-fear- website at http://www.ncpc.org/ speed bumps in their neighborhood. ing man, a diligent man trying to sup- 2schvio2.htm. Every student should One of his neighbors has pledged to port his family.’’ S11548 CONGRESSIONAL RECORD — SENATE November 7, 2001 Our nation’s postal employees are (The nominations received today are articulated by President George W. Bush on mothers and fathers, grandparents, printed at the end of the Senate pro- June 15, 2001, and by former President Wil- sons and daughters and neighbors who, ceedings.) liam J. Clinton on October 22, 1996, and for other purposes. just like other Americans, go to work f and earn a living. Unlike our men and The message further announced that women in uniform overseas, they did MESSAGES FROM THE HOUSE the House has agreed to the following not sign up for this new battle. How- concurrent resolution, in which it re- At 10:28 a.m., a message from the quests the concurrence of the Senate: ever, like their own predecessors in House of Representatives, delivered by years gone by, they are serving our H. Con. Res. 262. Concurrent resolution ex- Ms. Niland, one of its reading clerks, pressing the sense of Congress that the country with courage and distinction. announced that the House has passed President, at the WTO round of negotiations Mr. Curseen and Mr. Morris, two men the following bills, in which it requests to be held at Doha, Qatar, from November 9– who were dedicated to their jobs and the concurrence of the Senate: 13, 2001, and at any subsequent round of ne- never sidestepped their responsibilities H.R. 1408. An act to safeguard the public gotiations, should preserve the ability of the even when there were risks, have in- from fraud in the financial services industry, United States to enforce rigorously its trade spired us all to live up to our respon- to streamline and facilitate the antifraud in- laws and should ensure that United States sibilities and face with determination formation-sharing efforts of Federal and exports are not subject to the abusive use of and courage the obstacles that are State regulators, and for other purposes. trade laws by other countries. placed before us. Their lives have be- H.R. 2047. An act to authorize appropria- f come an inextricable part of our na- tions for the United States Patent and MEASURES REFERRED Trademark Office for fiscal year 2002, and for tion’s history and their spirits live on. other purposes. The following bills were read the first f The message also announced that the and the second times by unanimous ADDITIONAL STATEMENTS House insists upon its amendment to consent, and referred as indicated: the bill (S. 1447) to improve aviation se- H.R. 852. An act to designate the Federal curity, and for other purposes, and asks building and United States courthouse to be constructed at 10 East Commerce Street in RECOGNIZING THE CONTRIBU- a conference with the Senate on the TIONS OF THE EMPLOYEES OF Youngstown, Ohio, as the ‘‘Nathaniel R. disagreeing votes of the two Houses Jones and Frank J. Battisti Federal Building DELL COMPUTER CORPORATION thereon; and appoints for consideration and United States Courthouse’’; to the Com- ∑ Mr. GRAMM. Mr. President, I am of the Senate bill and the House mittee on Environment and Public Works. sure many Americans know of the Dell amendment, and modifications com- H.R. 1408. An act to safeguard the public Computer Corporation because they mitted to conference: Mr. YOUNG of from fraud in the financial services industry, to streamline and facilitate the antifraud in- Alaska, Mr. PETRI, Mr. DUNCAN, Mr. use a Dell at work or at home. How- formation-sharing efforts of Federal and ever, I would like to recognize Dell for MICA, Mr. EHLERS, Mr. OBERSTAR, Mr. State regulators, and for other purposes; to the outstanding contribution the com- LIPINSKI, and Mr. DEFAZIO, as man- the Committee on Banking, Housing, and pany’s employees made in helping agers of the conference on the part of Urban Affairs. America respond to the terrorist at- the House. H.R. 2047. An act to authorize appropria- tacks of September 11. The message further announced that tions for the United States Patent and On the day after the attacks, Dell the House agrees to amendments of the Trademark Office for fiscal year 2002, and for Senate to the bill (H.R. 768) to amend other purposes; to the Committee on the Ju- technicians were helping Department diciary. of Defense employees displaced from the Improving America’s Schools Act H.R. 2998. An act to authorize the estab- the Pentagon to set up computers in of 1994 to make permanent the favor- lishment of Radio Free Afghanistan; to the temporary offices. Dell employees also able treatment of need-based edu- Committee on Foreign Relations. worked diligently to prioritize and fa- cational aid under the antitrust laws. H.R. 3167. An act to endorse the vision of cilitate orders critical to the rebuild- further enlargement of the NATO Alliance ing effort, intelligence gathering, and At 2:30 p.m., a message from the articulated by President George W. Bush on June 15, 2001, and by former President Wil- our Nation’s military offensive. Ship- House of Representatives, delivered by Mr. Hayes, one of its reading clerks, liam J. Clinton on October 22, 1996, and for ments for financial services firms were other purposes; to the Committee on Foreign also pushed to the head of the assembly announced that the House disagrees to Relations. the amendment of the Senate to the line so they had needed computers to The following concurrent resolution bill (H.R. 2506) making appropriations reopen for business when Wall Street was read, and referred as indicated: for foreign operations, export financ- and the financial markets resumed H. Con. Res. 262. Concurrent resolution ex- trading. On a personal level, Dell and ing, and related programs for the fiscal pressing the sense of Congress that the its employees contributed more than year ending September 30, 2002, and for President, at the WTO round of negotiations $3.4 million to the rebuilding and re- other purposes, and agrees to the con- to be held at Doha, Qatar, from November 9– covery effort, including equipment to ference asked by the Senate on the dis- 13, 2001, and at any subsequent round of ne- the American Red Cross to help serve agreeing votes of the two Houses there- gotiations, should preserve the ability of the the families directly affected by those on; and appoints as the managers of United States to enforce rigorously its trade the conference on the part of the laws and should ensure that United States terrible attacks. exports are not subject to the abusive use of House: Mr. KOLBE, Mr. CALLAHAN, Mr. I am grateful for the hard work and trade laws by other countries; to the Com- generosity of the people at Dell, and I KNOLLENBERG, Mr. KINGSTON, Mr. mittee on Finance. LEWIS of California, Mr. WICKER, Mr. am proud of their efforts in the dif- f ficult and challenging time.∑ BONILLA, Mr. SUNUNU, Mr. YOUNG of Florida, Mrs. LOWEY, Ms. PELOSI, Mr. REPORTS OF COMMITTEES f JACKSON of Illinois, Ms. KILPATARICK, The following reports of committees MESSAGES FROM THE PRESIDENT Mr. ROTHMAN, and Mr. OBEY. were submitted: Messages from the President of the The message also announced that the By Mr. BAUCUS, from the Committee on United States were communicated to House has passed the following bills, in Finance, with an amendment in the nature the Senate by Ms. Evans, one of his which it requests the concurrence of of a substitute: secretaries. the Senate: S. 942: A bill to authorize the supplemental grant for population increases in certain H.R. 852. An act to designate the Federal f states under the temporary assistance to building and United States courthouse to be needy families program for fiscal year 2002. EXECUTIVE MESSAGES REFERRED constructed at 10 East Commerce Street in (Rept. No. 107–94). Youngstown, Ohio, as the ‘‘Nathaniel R. As in executive session the Presiding f Officer laid before the Senate messages Jones and Frank J. Battisti Federal Building and United States Courthouse.’’ from the President of the United INTRODUCTION OF BILLS AND H.R. 2998. An act to authorize the estab- JOINT RESOLUTIONS States submitting sundry nominations lishment of Radio Free Afghanistan. and a withdrawal which were referred H.R. 3167. An act to endorse the vision of The following bills and joint resolu- to the appropriate committees. further enlargement of the NATO Alliance tions were introduced, read the first November 7, 2001 CONGRESSIONAL RECORD — SENATE S11549 and second times by unanimous con- XVIII of the Social Security Act to S. 1548 sent, and referred as indicated: provide for the fair treatment of cer- At the request of Mrs. CARNAHAN, the By Mrs. MURRAY (for herself, Ms. tain physician pathology services name of the Senator from Maryland SNOWE, Mr. LIEBERMAN, Mr. under the medicare program. (Ms. MIKULSKI) was added as a cospon- SANTORUM, Mr. DORGAN, Mr. THUR- S. 990 sor of S. 1548, a bill to allow the Direc- MOND, Mr. DURBIN, Mr. CRAIG, Mr. At the request of Mr. SMITH of New tor of the Centers for Disease Control CLELAND, Mr. BOND, and Mrs. FEIN- Hampshire, the name of the Senator and Prevention to award a grant to STEIN): create and maintain a website with in- S. 1643. A bill to provide Federal reim- from Connecticut (Mr. LIEBERMAN) was bursement to State and local governments added as a cosponsor of S. 990, a bill to formation regarding bioterrorism. for a limited sales, use and retailers’ occupa- amend the Pittman-Robertson Wildlife S. 1552 tion tax holiday; to the Committee on Fi- Restoration Act to improve the provi- At the request of Mr. HARKIN, the nance. sions relating to wildlife conservation name of the Senator from Arkansas By Mr. CAMPBELL: and restoration programs, and for (Mrs. LINCOLN) was added as a cospon- S. 1644. A bill to further the protection and other purposes. sor of S. 1552, a bill to provide for recognition of veterans’ memorials, and for S. 1084 grants through the Small Business Ad- other purposes; to the Committee on Vet- erans’ Affairs. At the request of Mr. CHAFEE, his ministration for losses suffered by gen- By Mr. HELMS: name was added as a cosponsor of S. eral aviation small business concerns S. 1645. A bill to provide for the promotion 1084, a bill to prohibit the importation as a result of the terrorist attacks of of democracy and rule of law in Belarus and into the United States of diamonds un- September 11, 2001. for the protection of Belarus’ sovereignty less the countries exporting the dia- S. 1570 and independence; to the Committee on For- monds have in place a system of con- At the request of Ms. COLLINS, the eign Relations. trols on rough diamonds, and for other names of the Senator from Arkansas By Mr. BINGAMAN (for himself and purposes. (Mr. HUTCHINSON), the Senator from Mr. DOMENICI): S. 1646. A bill to identify certain routes in S. 1179 Ohio (Mr. DEWINE), the Senator from the States of Texas, Oklahoma, Colorado, At the request of Mr. JOHNSON, the Connecticut (Mr. LIEBERMAN), the Sen- and New Mexico as part of the Ports-to- name of the Senator from Utah (Mr. ator from Minnesota (Mr. DAYTON), the Plains Corridor, a high priority corridor on HATCH) was added as a cosponsor of S. Senator from Maryland (Ms. MIKUL- the National Highway System; to the Com- 1179, a bill to amend the Richard B. SKI), the Senator from North Dakota mittee on Environment and Public Works. Russell National School Lunch Act to (Mr. CONRAD), and the Senator from By Mrs. LINCOLN: Vermont (Mr. JEFFORDS) were added as S. 1647. A bill to amend title XVI of the So- ensure an adequate level of commodity cial Security Act to include any veterans’ or purchases under the school lunch pro- cosponsors of S. 1570, a bill to provide survivors’ compensation or pension in the gram. the Secretary of Education with spe- determination of the yearly income dis- S. 1324 cific waiver authority to respond to regard for purposes of the supplemental secu- At the request of Mr. LIEBERMAN, the conditions in the national emergency rity income program; to the Committee on name of the Senator from Massachu- declared by the President on Sep- Finance. setts (Mr. KERRY) was added as a co- tember 14, 2001. By Mrs. LINCOLN: S. 1578 S. 1648. A bill to amend title 38, United sponsor of S. 1324, a bill to provide re- States Code, to provide an increase in the lief from the alternative minimum tax At the request of Mr. NELSON of Flor- maximum annual rates of pension payable to with respect to incentive stock options ida, his name was added as a cosponsor surviving spouses of veterans of a period of exercised during 2000. of S. 1578, a bill to preserve the contin- war, and for other purposes; to the Com- S. 1377 ued viability of the United States trav- mittee on Veterans’ Affairs. At the request of Mr. SMITH of Or- el industry. By Ms. CANTWELL (for herself and egon, the name of the Senator from S. 1615 Mrs. MURRAY): Kansas (Mr. BROWNBACK) was added as At the request of Mr. SCHUMER, the S. 1649. A bill to amend the Omnibus Parks and Public Lands Management Act of 1996 to a cosponsor of S. 1377, a bill to require name of the Senator from Illinois (Mr. increase the authorization of appropriations the Attorney General to establish an DURBIN) was added as a cosponsor of S. for the Vancouver National Historic Reserve office in the Department of Justice to 1615, a bill to provide for the sharing of and for the preservation of Vancouver Bar- monitor acts of inter-national ter- certain foreign intelligence informa- racks; to the Committee on Energy and Nat- rorism alleged to have been committed tion with local law enforcement per- ural Resources. by Palestinian individuals or individ- sonnel, and for other purposes. By Mr. CLELAND: uals acting on behalf of Palestinian or- S. 1627 S. 1650. A bill to amend the Public Health Service Act to change provisions regarding ganizations and to carry out certain At the request of Mrs. FEINSTEIN, the emergencies; to the Committee on Health, other related activities. name of the Senator from Texas (Mrs. Education, Labor, and Pensions. S. 1409 HUTCHISON) was added as a cosponsor of By Mr. DORGAN (for himself, Mr. At the request of Mr. SANTORUM, his S. 1627, a bill to enhance the security of BROWNBACK, and Mr. CONRAD): name was added as a cosponsor of S. the international borders of the United S. 1651. A bill to establish the United 1409, a bill to impose sanctions against States. States Consensus Council to provide for a the PLO or the Palestinian Authority S. 1630 consensus building process in addressing na- if the President determines that those tional public policy issues, and for other pur- At the request of Mrs. CARNAHAN, the poses; to the Committee on Governmental entities have failed to substantially name of the Senator from Wisconsin Affairs. comply with commitments made to the (Mr. KOHL) was added as a cosponsor of By Mr. SANTORUM (for himself and State of Israel. S. 1630, a bill to extend for 6 additional Mr. MCCAIN): S. 1522 months the period for which chapter 12 S. 1652. A bill to amend the Agricultural At the request of Mr. CONRAD, the of title 11, United States Code, is reen- Market Transition Act to convert the price name of the Senator from New Mexico acted. support program for sugarcane and sugar (Mr. BINGAMAN) was added as a cospon- AMENDMENT NO. 2107 beets into a system of solely recourse loans and to provide for the gradual elimination of sor of S. 1522, a bill to support commu- At the request of Mr. ALLEN, the the program; to the Committee on Agri- nity-based group homes for young name of the Senator from Oklahoma culture, Nutrition, and Forestry. mothers and their children. (Mr. NICKLES) was added as a cosponsor f S. 1523 of amendment No. 2107 proposed to At the request of Mrs. FEINSTEIN, the H.R. 2944, a bill making appropriations ADDITIONAL COSPONSORS name of the Senator from Maine (Ms. for the government of the District of S. 730 COLLINS) was added as a cosponsor of S. Columbia and other activities charge- At the request of Mr. JOHNSON, the 1523, a bill to amend title II of the So- able in whole or in part against the name of the Senator from South Da- cial Security Act to repeal the Govern- revenues of said District for the fiscal kota (Mr. DASCHLE) was added as a co- ment pension offset and windfall elimi- year ending September 30, 2002, and for sponsor of S. 730, a bill to amend title nation provisions. other purposes. S11550 CONGRESSIONAL RECORD — SENATE November 7, 2001 STATEMENTS ON INTRODUCED buy what you need, you put someone to We need a sales tax holiday. The eco- BILLS AND JOINT RESOLUTIONS work, you give our country a boost, nomic slowdown and other factors are By Mrs. MURRAY (for herself, and you save money. having a tremendous impact on the Seven States, plus the District of Co- Ms. SNOWE, Mr. LIEBERMAN, Mr. ability of State and local governments lumbia, have used these sales tax holi- SANTORUM, Mr. DORGAN, Mr. to provide critical services and to help days, and they have had great results. THURMOND, Mr. DURBIN, Mr. working families who have been hurt Under our approach, the Federal Gov- CRAIG, Mr. CLELAND, Mr. BOND, by higher unemployment. That is why ernment will reimburse States for the and Mrs. FEINSTEIN): I have worked very hard to make sure S. 1643. A bill to provide Federal re- lost sales tax revenue. Right now we that the Federal Government will fully imbursement to State and local gov- estimate the cost to be about $6.5 bil- compensate the States that take ad- ernments for a limited sales, use and lion, depending on how many States vantage of this holiday. In addition, participate and how strongly con- retailers’ occupation tax holiday; to our plan is optional so States can sumers respond. the Committee on Finance. choose to opt in if they want to stimu- Under our plan, every penny of the Mrs. MURRAY. Madam President, I late their own economy. $6.5 billion will go directly into the rise today along with my colleagues, Even without Federal incentives, economy. Senator SNOWE, Senator LIEBERMAN, seven States and the District of Colum- In the coming weeks, the Senate will bia have already used sales tax holi- Senator SANTORUM, Senator DORGAN, debate legislation to stimulate the Senator THURMOND, Senator DURBIN, days to help working families buy American economy and to help workers school clothes, computers, and to stim- Senator CRAIG, Senator CLELAND, Sen- who have lost their jobs as a result of ator BOND, and Senator FEINSTEIN, to ulate economic activity. the economic downturn. The final prod- This will help return this country to introduce the Sales Tax Holiday Act of uct needs to stimulate additional eco- 2001. a sense of normalcy. Our Nation, and nomic activity. It needs to boost con- each of our lives, have been changed Our economy needs a shot in the sumer confidence and spending. It arm. The GDP is declining, consumer forever by the events of September 11. needs to encourage business invest- We can never go back to September 10. confidence is at a 7-year low, and con- ment and job creation. It needs to ad- sumer spending has slowed to its low- Those events reminded us how fragile dress the needs of workers and their life is. They reminded us of everything est level in 8 years. But consumer families who have lost their jobs. It spending is just what we need to get for which we have to be thankful—our must maintain a commitment to fiscal family, our friends, our faith, our com- our economy going again. In fact, two- discipline and the long-term economic thirds of our economy depends on con- munities, and our democracy. But as health of this Nation. And it should we celebrate these important things sumer spending. help return the country to a sense of Today, we are proposing an innova- during the upcoming holiday season, I normalcy. believe it is important that we not feel tive way to get Americans back into I believe the legislation I am intro- guilty about getting back to business stores and to get our economy back on ducing today with Senator SNOWE can and to our daily lives. its feet. What we are proposing is a na- be an important part of a balanced eco- tional sales tax holiday, a 10-day period President Bush has urged all of us in nomic stimulus package. the wake of the September 11 attacks where every American can shop with- First, our proposal will stimulate to return to our daily lives and get out having to pay a State sales tax. economic activity and consumer con- back to business. I believe this legisla- The national sales tax holiday will fidence. States and businesses that tion will help us get the Nation back to save one money on everything from have participated in sales tax holidays cars and computers to books and baby reported an increase in sales during business. It is fair, it is responsible, it clothes. It will boost retail sales and their sales tax holiday. Most impor- will help families, and it will stimulate consumer confidence, and it will help tantly, businesses have found that con- our economy. I urge my colleagues to support in- everyone in the retail chain, from as- sumers do not just shift their spending cluding it in the economic stimulus sembly line workers and truck drivers to the holiday period, but these holi- to shelf stockers and sales people. package. days create new spending that would I ask unanimous consent that the bill This national sales tax holiday we not have otherwise occurred. be printed in the RECORD. are proposing is immediate. Every Second, our proposal will stimulate There being no objection, the bill was American can take advantage of it. It business investment and job creation. ordered to be printed in the RECORD, as will not break the bank, and it will di- Retail businesses will need to boost in- follows: rectly stimulate our economy by boost- ventories to prepare for larger crowds. ing sales and supporting retail, trans- That is good news for manufacturers, S. 1643 portation, and manufacturing jobs distributors, and other businesses that Be it enacted by the Senate and House of Rep- throughout our entire country. resentatives of the United States of America in help meet consumer demand for all Congress assembled, Many businesses rely on the holiday kinds of products. season to make it through the year, SECTION 1. SHORT TITLE. Third, it benefits all Americans. Low, This Act may be cited as the ‘‘Sales Tax and many workers count on those re- middle, and upper income people all Holiday Act of 2001’’. tail jobs before the holidays. Our bill pay sales taxes on the products they SEC. 2. FINDINGS. will help both. Even before September buy, and since the sales tax is the most Congress finds the following: 11, this was shaping up to be a very dif- regressive kind of tax, lower income (1) Consumer confidence and spending is ficult time for retail businesses and the consumers will benefit the most. critical to a healthy United States economy. thousands of workers they employ. Our proposal is fiscally responsible. (2) In order to prevent a further decline in This sales tax holiday will give our This tax holiday will last for no more consumer spending, which fell 1.8 percent in economy a shot in the arm and will than 10 days in any State and, there- September 2001, and consumer confidence, fore, there are no exploding costs in which is at its lowest level since February give families a break when they need it 1994, the Federal Government needs to pro- the most. the long term. vide an immediate and targeted tax incen- Our bill sets the date of the tax holi- Our proposal does not negatively af- tive to encourage consumer spending. day from November 23 to December 2. fect State and local budgets. Here, in (3) The most immediate and targeted in- That is the traditional start of the hol- fact, is how the States will get reim- centive for consumption would be to reduce iday shopping season. Many Americans bursed: Every State that participates the price of goods to consumers, which can are looking for ways to support our in the holiday will receive a quick pay- be done most effectively by removing sales country. With the sales tax holiday, we ment of their estimated lost revenue. taxes imposed on those goods. can help jump-start our economy by Before the tax holiday, a State can de- (4) A 10-day sales tax holiday, prior to the cide if it wants to be reimbursed for 2001 Holiday season, would encourage Ameri- buying things for school, for work, or cans to make immediate purchases and help for home. the exact amount of its loss. Then after to counteract the decline in consumer con- It is all so easy. You do not have to the tax holiday, those States would go fidence Americans have experienced since wait for a check. You do not have to fit through a reconciliation process with September 11, 2001. The direct boost to con- into a certain income tax bracket. You the Federal Government. sumption resulting from a sales tax holiday November 7, 2001 CONGRESSIONAL RECORD — SENATE S11551

would enhance the benefits of individual tax amount determined under subsection (6) STATE.—The term ‘‘State’’ means any of cuts provided by any Federal tax stimulus (b)(2)(A), the chief executive officer agrees to the several States, the District of Columbia, legislation. remit to the Secretary such excess not later or the Commonwealth of Puerto Rico. (5) A State and local sales tax holiday than February 20, 2002, and (7) USE TAX.—The term ‘‘use tax’’ means a would allow all taxpayers to benefit, espe- (E) the chief executive officer of the State tax imposed on the storage, use, or other cially lower-income Americans who spend a certifies that such State— consumption of tangible property that is not larger portion of their income. (i) in the case of any retail seller unable to subject to sales tax. (6) To encourage a State and local sales tax identify and report sales which would other- Ms. SNOWE. Madam President, I rise holiday, the Federal Government should en- wise be taxable during the sales tax holiday today with Senator MURRAY and our sure that each participating State and local period, shall treat the reporting by such sell- other colleagues to introduce the Sales government receives fast and fair reimburse- er of sales revenue during such period, multi- ment for lost sales tax revenue. plied by the ratio of taxable sales to total Tax Holiday Act of 2001. (7) Florida, Texas, Pennsylvania, South sales for the same period in 2000 as the sales Since last Wednesday, when Senators Carolina, Iowa, Connecticut, Maryland, Ohio, tax holiday period, as a good faith effort to MURRAY, LIEBERMAN and I first pub- North Carolina, and the District of Columbia comply with the requirements under sub- lically raised the idea of a national currently provide consumers with similar paragraph (B), and sales tax holiday, this exciting and in- temporary sales tax holidays. Consumer re- (ii) shall not treat any such retail seller of novative concept has truly taken root. sponse to these holidays has been extraor- tangible property who has made such a good Indeed, the idea of a sales tax holiday dinary, with retailers reporting greatly in- faith effort liable for any error made as a re- has been supported by economists and creased foot traffic in stores as well as an in- sult of such effort to comply unless it is crease in incremental retail sales. editorial writers alike and from all shown that the retailer acted recklessly or across the political spectrum—from SEC. 3. STATE AND LOCAL SALES TAX RELIEF fraudulently, FOR CONSUMERS. (3) in the case of any home rule State, the Alan Blinder, former Vice Chairman of (a) IN GENERAL.—The Secretary shall reim- chief executive officer of such State certifies the Federal Reserve Bank to Grover burse each State for the amount of State and that all local governments that impose sales Norquist, President of Americans for local sales tax payable and not collected dur- taxes in such State agree to provide a sales Tax Reform. So we are talking about a ing the sales tax holiday period. tax holiday during the sales tax holiday pe- (b) DETERMINATION AND TIMING OF REIM- bipartisan bill with support as wide as riod, BURSEMENT.— it is deep. (4) the chief executive officer of the State (1) PREDETERMINED AMOUNT.—Not later And one thing everyone agrees on is than December 20, 2001, the Secretary shall agrees to pay each local government’s share that our National Sales Tax Holiday pay to each State an amount equal to the of the reimbursement (as determined under legislation offers the ultimate eco- sum of— subsection (d)) not later than 20 days after receipt of such reimbursement, and nomic stimulus, literally feeding Fed- (A)(i) the amount of State and local sales eral stimulus dollars directly into the tax payable and collected in such State dur- (5) in the case of not more than 20 percent of the States which elect to receive the reim- economy. We believe that this direct ing the same period in 2000 as the sales tax approach is perhaps the most imme- holiday period, times bursement of a reconciliation amount under (ii) an acceleration factor equal to 1.73, subsection (b)(2), the Director of Manage- diate, fair, and responsible approach plus ment and Budget certifies the amount of the that will have the most stimulative ef- (B) an amount equal to 1 percent of the reimbursement required under subsection fect on the economy. amount determined under subparagraph (A) (b)(2) based on the reports by the chief execu- With December fast approaching, we for State administrative costs. tive officers of such States under paragraph need to give a ‘‘shot in the arm’’ to our (2)(C). (2) RECONCILIATION AMOUNT.—Not later economy and help restore the con- than February 20, 2002, the Secretary shall (d) DETERMINATION OF REIMBURSEMENT OF fidence of consumers, because we have pay to each electing State under subsection LOCAL SALES TAXES.—For purposes of sub- seen a dramatic and negative reaction (c)(2) an amount equal to the excess (if any) section (c)(4), a local government’s share of to the events of September 11. In fact, of— the reimbursement to a State under this sec- the Conference Board’s first report on (A) the amount of State and local sales tax tion shall be based on the ratio of the local consumer confidence since the attacks payable and not collected in such State dur- sales tax to the State sales tax for such ing the sales tax holiday period, over State for the same time period taken into showed the steepest two-month drop (B) the amount determined under para- account in determining such reimbursement, since the 1980 recession—and con- graph (1)(A) and paid to such State. based on data published by the Bureau of the fidence has plummeted to the lowest (c) REQUIREMENT FOR REIMBURSEMENT.— Census. level in 7 years, since 1994, even as con- The Secretary may not pay a reimbursement sumer spending dropped 1.8 percent in under this section unless— (e) DEFINITIONS.—For purposes of this 1 (1) the chief executive officer of the State section— September, the first decline in 2 ⁄2 informs the Secretary, not later than No- (1) HOME RULE STATE.—The term ‘‘home years and the biggest spending drop vember 15, 2001, of the intention of the State rule State’’ means a State that does not con- since 1987. to qualify for such reimbursement by not trol imposition and administration of local According to a survey released yes- collecting sales tax payable during the sales taxes. terday by the Credit Union National tax holiday period, (2) LOCAL.—The term ‘‘local’’ means a city, Association and the Consumer Federa- (2) in the case of a State which elects to re- county, or other subordinate revenue or tax- tion of America, almost one-third, 28 ceive the reimbursement of a reconciliation ing authority within a State. percent, of those surveyed plan to amount under subsection (b)(2)— (3) SALES TAX.—The term ‘‘sales tax’’ (A) the chief executive officer of the State means— spend less this year than last. With the informs the Secretary and the Director of (A) a tax imposed on or measured by gen- economy already on the brink of a re- Management and Budget and the retail sell- eral retail sales of taxable tangible property, cession following the attacks—includ- ers of tangible property in such State, not or services performed incidental to the sale ing economic growth actually declin- later than November 15, 2001, of the intention of taxable tangible property, that is— ing 0.4 percent in the third quarter—a of the State to make such an election, (i) calculated as a percentage of the price, one-third decline in spending this sea- (B) the chief executive officer of the State gross receipts, or gross proceeds, and son could be detrimental. informs the retail sellers of tangible prop- (ii) can or is required to be directly col- Clearly, we need to take action to re- erty in such State, not later than November lected by retail sellers from purchasers of store this confidence in the economy, 15, 2001, of the intention of the State to make such property, such an election and the additional informa- (B) a use tax, or and tell consumers that ‘‘Help is on the tion (if any) that will be required as an ad- (C) the Illinois Retailers’ Occupation Tax, way.’’ As Lynn Franco, director of The dendum to the standard reports required of as defined under the law of the State of Illi- Conference Board Consumer Research such retail sellers with respect to the report- nois, Center said recently, ‘‘Widespread lay- ing periods including the sales tax holiday but excludes any tax payable with respect to offs and rising unemployment do not period, food and beverages sold for immediate con- signal a rebound in confidence anytime (C) the chief executive officer reports to sumption on the premises, beverages con- soon. With the holiday season quickly the Secretary and the Director of Manage- taining alcohol, and tobacco products. approaching, there is little positive ment and Budget, not later than January 31, (4) SALES TAX HOLIDAY PERIOD.—The term 2002, the amount determined under sub- ‘‘sales tax holiday period’’ means the period stimuli on the horizon.’’ section (b)(2) in a manner specified by the beginning after November 22, 2001, and end- Indeed, the signs are ominous. Ac- Secretary, ing before December 3, 2001. cording to the National Governors As- (D) if amount determined under subsection (5) SECRETARY.—The term ‘‘Secretary’’ sociation, dollar Christmas sales may (b)(1)(A) and paid to such State exceeds the means the Secretary of the Treasury. actually fall below last year—which S11552 CONGRESSIONAL RECORD — SENATE November 7, 2001 would be the first decline since Christ- I thank the Chair. Sometimes they are the only tan- mas of 1953, in the wake of the Korean gible reminders we have of courageous War. By Mr. CAMPBELL: service to this country. We can easily Our Sales Tax Holiday Act of 2001 S. 1644. A bill to further the protec- read about those brave Americans who will provide that positive stimuli at a tion and recognition of veterans’ me- served in war, but it’s not always easy critical time when consumers need the morials, and for other purposes; to the to gather more than just hard facts help most. Holiday sales make up one- Committee on Veterans’ Affairs. from newspapers or history books. fifth, 22.8 percent, of annual consumer f Being in the presence of a statue or spending, so we will target our bill di- PROTECTING THE SITES HON- memorial structure can evoke a deeper rectly toward these sales. States that ORING THOSE WHO PROTECT US response. We can walk around it, some- opt to participate by rolling back their Mr. CAMPBELL. Madam President, times we can touch it, and oftentimes sales tax will be ‘‘held harmless’’ for today, 4 days before Veterans Day, I in- we can see the names of each brave their decisions, with reimbursement troduce legislation that would recog- American who died in conflict. made by the Federal Government for nize and protect the sanctity of vet- Madam President, the timing of this lost sales tax revenue. This revenue erans’ memorials. Currently, there is bill is appropriate. This Sunday, No- will be replaced on a timely basis so no comprehensive Federal law to pro- vember 11, we will recognize Veterans’ that States’ cash flows are not af- tect veterans’ memorials, which is why Day, which informally began as a se- fected, with States opting to be reim- I am introducing the Veterans’ Memo- ries of memorial gestures to celebrate bursed for lost revenue based on a for- rial Preservation and Recognition Act the end of World War I in 1918. Three mula which is based on historical De- of 2001. years later, on the eleventh hour of the cember sales tax revenue, or opting to My bill would prohibit the desecra- eleventh day of the eleventh month, an receive dollar for dollar reimbursement tion of veterans’ memorials, provide unknown American soldier of the war based on actual sales. States will have for repairs of veterans memorials and was buried on a hillside in Arlington to choose which method of reimburse- permit guide signs to veterans’ ceme- Cemetery, overlooking the Potomac ment they would like to receive prior teries on Federal-aid highways. River. This site became a summit of to implementation of the sales tax hol- Under this legislation, someone who veneration for Americans everywhere. iday. willfully desecrates any type of monu- Similarly, at Westminster Abbey in Forty-five States, and the District of ment commemorating those in the England and the Arc de Triomphe in Columbia will be eligible to participate Armed Forces on public property would France, an unknown soldier was buried in our plan, with an estimated overall be fined or put in jail. The violator in each of these places of highest economic impact of about $6.5 billion would be subject to a civil penalty in honor. for the 10-day sales tax holiday. Need- addition to the fine, equal to the cost These three memorial sites are sym- less to say, no State would be required of repairing the damage. bols of our reverence; it is only appro- to take action, but we think they de- The funds generated by these pen- priate that we do everything we can to serve to have the option. alties would then go into a Veterans’ preserve sites like these across Amer- This is a proven approach that can Memorial Restoration Fund, estab- ica. dramatically boost sales. When Mary- lished by the Secretary of Veterans’ There are hundreds of veterans’ me- land and the District of Columbia tried Affairs, to make those monies avail- morials, on public property, here in the sales tax holidays last August, for ex- able for the repair of the damaged me- United States. From nationally-known ample, monthly sales jumped by 10 per- morials. But the vandals won’t be the places such as Iwo Jima, to smaller cent. One retailer even saw sales jump only ones contributing to the fund; in- sites such as the Colorado Veterans’ 35 percent over the same period a year dividuals and veterans’ organizations Memorial across from the capitol in could also make donations and get a ago. And the Wall Street Journal in Denver, each is a site where we go to charitable contribution deduction. In 1997 reported that a survey of 102 stores heal and to remember. As a veteran essence, this would be a new way to in the New York City metropolitan myself, I am committed to seeing that provide for the repair of veterans’ me- area averaged 125 percent increases in not a single one is stripped of its dig- morials without any new appropriation sales during the region’s January sales nity. tax holiday on most clothing and foot- or providing other Federal funding. The second part of this bill would I encourage my colleagues to work wear. permit states to place supplemental together for swift consideration of this The fact is, this is an approach that guide signs for veterans’ cemeteries on timely and important legislation. I fulfills every one of the principles for a Federal-aid highways. These veterans’ have the support of several veterans’ stimulus that the Centrist Coalition I cemeteries deserve recognition; by al- organizations, who have offered words cochair laid out earlier this month. lowing signs to be posted, we pay our of encouragement for this bill. These And as the Los Angeles Times reported respect to these sites by offering direc- Americans know, firsthand, the con- on October 12, ‘‘in the view of many tion to them. It is my goal to make cept of service. Let’s honor what they economists—conservative as well as these important sites easily accessible. and thousands of others have done to liberal—most plans fall short of the Our veterans, living and lost, are a preserve our freedom. key criteria for stimulus proposals: reminder of our unity. Those who Madam President, I thank the Chair they should take effect quickly, pro- served in our Armed Services are more and ask unanimous consent that let- mote new spending or investment that than just symbols of freedom and jus- ters of support from the American Le- otherwise would not occur, and do no tice in the midst of conflict and during gion, Rolling Thunder, Inc., and the long-term damage.’’ times of peace. Paralyzed Veterans of America be Our plan fits the bill and makes per- They are real people, integral to our printed in the RECORD. fect sense—and will pay off for con- entire population, who enrich our day- There being no objection, the letters sumers with more dollars and cents in to-day lives with their proud service, were ordered to be printed in the their pockets. What better signal of with their personal accounts of war, RECORD, as follows: holiday cheer and confidence than to their organizations of service, and THE AMERICAN LEGION, include a savings on every purchase, their expressions of deep-down Amer- Washington, DC, November 6, 2001. enticing consumers back into the ican pride. Not only have we lost many Hon. BEN NIGHTHORSE CAMPBELL, stores and giving a much-needed boost of these brave men and women in con- U.S. Senate, Russell Senate Office Building, to our economy? flict, but we lose thousands of them Washington, DC. As we approach this holiday season, forever each year as the veteran popu- DEAR SENATOR CAMPBELL: On behalf of the rather than being ‘‘a day late and a lation ages. We have to honor their 2.9 million members of The American Le- dollar short’’ in helping consumers and gion, I would like to express full support for sacrifices by protecting the sites that the Veterans’ Memorial Preservation and stimulating the economy, we should recognize them. Recognition Act. We applaud your efforts to pass this legislation and give America It is a shame that there is no com- prohibit the desecration of veterans’ memo- the gift of an immediate boost to our prehensive federal law to protect vet- rials, and to permit guide signs to veterans economic strength and well-being. erans’ memorials. cemeteries on federal highways. November 7, 2001 CONGRESSIONAL RECORD — SENATE S11553 The American Legion recognizes the need as the war against terrorism will con- It will deny international assistance to to preserve the sanctity and solemnity of tinue to be, we must not overlook the his government. It will freeze veterans’ memorials. These historic monu- brutality and injustice of a regime Belarusian assets in the United States. ments serve not only to honor the men and such as the one led by Lukashenka, es- women of the nation’s armed services, but to It will prohibit trade with the educate future generations of the sacrifices pecially in the heart of Europe. Lukashenka government and busi- endured to preserve the freedoms and lib- For this reason, I am introducing nesses owned by that government. It erties enjoyed by all Americans. today the Belarus Democracy Act of will also deny officials of the Once again, The American Legion fully 2001, the purpose of which is to support Lukashenka government the right to supports the Veterans’ Memorial Preserva- the people in Belarus who are strug- travel to the United States. tion and Recognition Act. We appreciate gling, often at great peril to their lives, your continued leadership in addressing the to revive democracy, and to reconsoli- And, if Lukashenka continues to sur- issues that are important to veterans and date their country’s declining inde- render Belarusian sovereignty, this bill their families. pendence and sovereignty. will strip his government of the diplo- Sincerely, Democracy has been crushed in matic properties it currently enjoys in STEVE A. ROBERTSON, Belarus by a fanatical dictatorship the United States. Indeed, if he is suc- Director, National that can only be described as a brutal cessful in his warped effort to recreate Legislative Commission. throwback to the Soviet era. Aleksandr the Soviet Union, the Government of Belarus will sadly have no need for ROLLING THUNDER, INC., Lukashenka is an authoritarian ob- Neshanic Station, NJ, November 5, 2001. sessed with recreating the former So- these properties. Senator BEN ‘‘NIGHTHORSE’’ CAMPBELL, viet Union, which he believes he will This bill supports our Nation’s vision Russell Senate Office Building, ultimately lead. Because of of Europe that is democratic, free and Washington, DC. Lukashenka, Belarus has emerged as a undivided. That vision will never be HONORABLE BEN CAMPBELL: I am sending dark island of repression, censorship, fulfilled as long as Belarus suffers this letter in support of Bill, ‘‘Veterans Me- and command economy in a region of morial Preservation and Recognition Act of under the tyranny of Aleksandr 2001. consolidating democracies. Lukashenka. It is our moral and stra- Rolling Thunder National and our mem- Belarus has tragically become the tegic interest to support those fighting bers are in full support of this bill. Those Cuba of Europe. Nonetheless, the peo- for democracy and freedom in Belarus who destroy and deface any Veterans Memo- ple of Belarus have not succumbed to and the return of their country to the rial should be punished and made to pay full Lukashenka. Independent newspapers European community of free states. restitution for the damages they have struggle to publish. The leadership of caused. Many Americans have fought and the parliament he unconstitutionally To ignore this struggle for democ- died for the freedom of all Americans and dismissed refuses to concede legit- racy and freedom and to turn an indif- their Memorials should be honored and re- imacy to his sham regime. Scores of ferent eye upon Lukashenka’s effort to spected by all. non-governmental organizations fight reconstruct the former Soviet Union I thank you for your help and support to would be a grave error. Not only would all American Veterans. to promote the rule of law and to pro- Sincerely, tect fundamental human rights. The it be immoral, it would be strategically SGT., ARTIE MULLER, vibrancy of Belarus’s struggling civil shortsighted. National President. society has been made evident by the Allowing Moscow to reabsorb a state ‘‘Freedom Marches’’ that have at- that was once independent and demo- PARALYZED VETERANS OF AMERICA, tracted literally tens of thousands of cratic would only whet Moscow’s appe- Washington, DC, November 5, 2001. Belarusians to the streets of Minsk and tite to restore the old Soviet borders. Hon. BEN NIGHTHORSE CAMPBELL, countless other anti-Lukashenka dem- U.S. Senate, That would set a precedent that would onstrations elsewhere in Belarus. only jeopardize the security of Washington, DC. Their agenda is the promotion of a DEAR SENATOR CAMPBELL: On behalf of the Ukraine, Lithuania, Latvia, and Esto- Paralyzed Veterans of America (PVA) I am free, independent, democratic and nia. Indulging antiquated Russian im- writing to offer our support for the ‘‘Vet- Western-oriented Belarus, a sharp con- perial pretensions would also undercut erans’ Memorial Preservation and Recogni- trast to Lukashenka’s efforts to reani- the prospects for democratic reform in tion Act of 2001.’’ mate the former Soviet Union. Russia. Memorials to the men and women who This is an agenda not without risk. have served this Nation, in times of war and Those who have dared to take a stand For these reasons the Belarus De- in times of peace, are tokens of our gratitude against Lukashenka have disappeared. mocracy Act of 2001 authorizes $30 mil- for their service, and their sacrifice. They Yuri Zakharenko disapproved soon lion in assistance to restore and are tangible reminders of our past, and an in- after he resigned his post as strengthen the institutions of demo- spiration for our future. For this reason they cratic government in Belarus. It spe- are well worth protecting and preserving. Lukashenka’s Minister of Interior and This legislation addresses both of these began working with the opposition. Op- cifically urges the President of the goals. position leader Victor Gonchar and his United States to furnish assistance to Again, thank you for introducing the ‘‘Vet- colleague, Anatoly Krasovsky, van- political parties in Belarus committed erans’ Memorial Preservation and Recogni- ished just hours after Lukashenka, in a to those goals. tion Act of 2001.’’ Sincerely, drooling rage broadcast on state tele- It expands the resources available to RICHARD B. FULLER, vision, called upon his henchmen to support radio broadcasting into National Legislative Director. crackdown on the ‘‘opposition scum.’’ Belarus that will facilitate the flow of Other opposition leaders such as uncensored information to the people By Mr. HELMS: Andrei Klimov, have been imprisoned of Belarus. S. 1645. A bill to provide for the pro- under harsh conditions simply for ex- The September elections in Belarus motion of democracy and rule of law in pressing their opposition to were stained by the Lukashenka re- Belarus and for the protection of Lukashenka’s regime. Belarus’ sovereignty and independence; This regime has tried to crush oppo- gime’s cruel suppression of democratic to the Committee on Foreign Rela- sition marches with truncheon-wield- and human rights. Let the Belarus De- tions. ing riot police. The independent press mocracy Act be America’s response to Mr. HELMS. Madam President, on and non-governmental organizations Europe’s last dictator, Aleksandr top of the mayhem and slaughter in promoting democracy, rule of law and Lukashenka. New York and at the Pentagon in human rights in Belarus are subject to I ask unanimous consent the text of Washington last September, a travesty constant government harassment, in- the bill be printed in the RECORD. against democracy occurred, again, in timidation, arrests, fines, beatings, and There being no objection, the bill was Belarus. Aleksandr Lukashenka, the murder. Dmitry Zavadsky, a camera- ordered to be printed in the RECORD, as dictator controlling this country, stole man for Russian television, known for follows: through intimidation and repression, his critical reporting of the the presidential elections that took Lukashenka regime, disappeared under S. 1645 place on September 9. mysterious circumstances. Be it enacted by the Senate and House of Rep- Tragic as the events in our own coun- If passed, this bill will impose sanc- resentatives of the United States of America in try were and as serious an undertaking tions against the Lukashenka regime. Congress assembled, S11554 CONGRESSIONAL RECORD — SENATE November 7, 2001 SECTION 1. SHORT TITLE. (16) the parliamentary elections of October skill areas central to the development of This Act may be cited as the ‘‘Belarus De- 15, 2000, conducted by Aleksandr Lukashenka civil society; and mocracy Act of 2001’’. were illegitimate and unconstitutional; (7) the development of all elements of SEC. 2. FINDINGS. (17) these elections were plagued by violent democratic processes, including political Congress finds that— human rights abuses committed by his re- parties and the ability to conduct free and (1) the United States has a vital interest in gime, including the harassment, beatings, fair elections. the consolidation and strengthening of the arrest, and imprisonment of members of the (d) AUTHORIZATION OF APPROPRIATIONS.— independence and sovereignty of the Repub- opposition; (1) IN GENERAL.—There is authorized to be lic of Belarus and its integration into the (18) these elections were conducted in the appropriated to the President $30,000,000 for European community of democracies; absence of a democratic election law; the fiscal year 2002. (2) the United States supports the pro- (19) the presidential election of September (2) AVAILABILITY OF FUNDS.—Amounts ap- motion of democracy, the rule of law, and re- 2001 was fundamentally unfair and featured propriated pursuant to paragraph (1) are au- spect for human rights in Belarus; significant and abusive misconduct by the thorized to remain available until expended. (3) in November 1996, Belarusian President regime of Aleksandr Lukashenka, SEC. 4. AUTHORIZED FUNDING FOR RADIO Aleksandr Lukashenka orchestrated an ille- including— BROADCASTING IN AND INTO gal and unconstitutional referendum that (A) the harassment, arrest, and imprison- BELARUS. enabled him to impose upon the Belarusian ment of opposition leaders; (a) IN GENERAL.—The purpose of this sec- people a new constitution, abolish the old (B) the denial of opposition candidates tion is to augment support for independent parliament, the 13th Supreme Council, re- equal and fair access to the dominant state- and uncensored radio broadcasting in and place it with a rubber stamp legislature, and controlled media; into Belarus that will facilitate the dissemi- extend his term office to 2001; (C) the seizure of equipment and property nation of information in a way that is not (4) in May 1999, the Belarusian opposition of independent nongovernmental organiza- impeded by the government of Lukashenka. tions and press organizations and the harass- challenged Lukashenka’s illegal extension of (b) ALLOCATION OF FUNDS.—Not less than ment of their staff and management; his presidential term by staging alternative $5,000,000 made available under section 3 (D) voting and vote counting procedures presidential elections and these elections shall be available only for programs that fa- that were not transparent; and were met with repression; cilitate and support independent broad- (E) a campaign of intimidation directed (5) the Belarusian opposition has organized casting into and in Belarus on AM and FM against opposition activists, domestic elec- peaceful demonstrations against the bandwidths, including programming from tion observation organizations, opposition Lukashenka regime in cities and towns the Voice of America and RFE/RL, Incor- and independent media, and a libelous media throughout Belarus, including the Freedom I porated. campaign against international observers; March of October 17, 1999, the Freedom II (c) REPORTING ON RADIO BROADCASTING TO and March of March 15, 2000, and the Chernobyl AND IN BELARUS.—Not later than 120 days (20) the last parliamentary election in Way March of April 26, 2000, each of which after the date of enactment of this Act, the Belarus deemed to be free and fair by the took place in Minsk and involved tens of Secretary of State shall submit to the Com- international community took place in 1995 thousands of Belarusians; mittee on Foreign Relations of the Senate and from it emerged the 13th Supreme Soviet (6) the Lukashenka regime has responded and the Committee on International Rela- whose democratically and constitutionally to these peaceful marches with truncheon- tions of the House of Representatives a re- derived authorities and powers have been swinging security personnel, mass arrests, port on how funds allocated under subsection usurped by the authoritarian regime of Alek- extended incarcerations, and beatings; (b) will be used to provide AM and FM broad- sandr Lukashenka. (7) Andrei Klimov, a member of the last casting that covers the territory of Belarus democratically elected Parliament in SEC. 3. ASSISTANCE TO PROMOTE DEMOCRACY and delivers to the people of Belarus pro- AND CIVIL SOCIETY IN BELARUS. Belarus remains imprisoned under harsh con- gramming free from censorship of the gov- ditions for his political opposition to (a) PURPOSES OF ASSISTANCE.—The assist- ernment of Lukashenka. Lukashenka; ance under this section shall be available for (8) Victor Gonchar, Yuri Krasovsky, and the following purposes: SEC. 5. SANCTIONS AGAINST THE LUKASHENKA REGIME. Yuri Zakharenka, who have been leaders and (1) To assist the people of Belarus in re- supporters of the opposition, have dis- gaining their freedom and to enable them to (a) APPLICATIONS OF MEASURES.—The sanc- appeared under mysterious circumstances; join the international community of democ- tions described in this section and sections 6, (9) former Belarus government officials, in- racies. 8, and 9, shall apply with respect to Belarus cluding four police investigators, have come (2) To restore and strengthen institutions until the President determines and certifies forward with credible allegations and evi- of democratic government in Belarus. to the appropriate congressional committees dence that top officials of the Lukashenka (3) To encourage free and fair presidential that the Government of Belarus has made regime were involved in the murders of oppo- and parliamentary elections in Belarus, con- significant progress in meeting the condi- sition figures Yury Zakharenka, Victor ducted in a manner consistent with inter- tions described in subsection (b). Gonchar, Anatol Krasovsky, Dmitry nationally accepted standards and under the (b) CONDITIONS.—The conditions referred to Zavadsky, and scores of other people. supervision of internationally recognized ob- in subsection (a) are the following: (10) the Lukashenka regime systematically servers. (1) The release of all those individuals who harasses and persecutes the independent (4) To sustain and strengthen international have been jailed for their political views. media and actively suppresses freedom of sanctions against the Lukashenka regime in (2) The withdrawal of politically motivated speech and expression; Belarus. legal charges against all opposition figures. (11) Dmitry Zavadsky, a cameraman for (b) AUTHORIZATION FOR ASSISTANCE.—To (3) The provision of a full accounting of Russian public television, known for his crit- carry out the purposes of subsection (a), the those opposition leaders and journalists, in- ical reporting of the Lukashenka regime, President is authorized to furnish assistance cluding Victor Gonchar, Yuri Krasovsky, disappeared under mysterious cir- and other support for the activities described Yuri Zakharenka, and Dmitry Zavadsky, cumstances; in subsection (c) and primarily for indige- who have disappeared under mysterious cir- (12) the Lukashenka regime harasses the nous Belarusian political parties and non- cumstances, and the prosecution of those in- autocephalic Belarusian Orthodox Church, governmental organizations. dividuals who are responsible for those dis- the Roman Catholic Church, evangelical (c) ACTIVITIES SUPPORTED.—Activities that appearances. churches, and other minority groups; may be supported by assistance under sub- (4) The cessation of all forms of harass- (13) Lukashenka advocates and actively section (b) include— ment and repression against the independent promotes a merger between Russia and (1) democratic forces, including political media, nongovernmental organizations, and Belarus, and initiated negotiations and parties, committed to promoting democracy the political opposition. signed December 8, 1999, the Belarus-Russia and Belarus’ independence and sovereignty; (5) The implementation of free and fair Union Treaty even though he lacks the nec- (2) democracy building; presidential and parliamentary elections. essary constitutional mandate to do so; (3) radio and television broadcasting to (c) INTERNATIONAL FINANCIAL INSTITU- (14) the Belarusian opposition denounces Belarus; TIONS.—The Secretary of the Treasury shall these intentions and has repeatedly called (4) the development and support of non- instruct the United States executive direc- upon the international community to ‘‘un- governmental organizations promoting de- tors of the international financial institu- ambiguously announce the nonrecognition of mocracy and supporting human rights both tions to oppose, and vote against, any exten- any international treaties concluded by in Belarus and in exile; sion by those institutions of any financial Lukashenka’’; (5) the development of independent media assistance (including any technical assist- (15) the United States, the European working within Belarus and from locations ance or grant) of any kind to the Govern- Union, the NATO Parliamentary Assembly, outside of Belarus and supported by ment of Belarus, except for loans and assist- the OSCE Parliamentary Assembly, and nonstate-controlled printing facilities; ance that serve basic human needs. other international bodies continue to recog- (6) international exchanges and advanced (d) INTERNATIONAL FINANCIAL INSTITUTIONS nize the 13th Supreme Council as the legal professional training programs for leaders DEFINED.—In this section, the term inter- Belarusian Parliament; and members of the democratic forces in national financial institution includes the November 7, 2001 CONGRESSIONAL RECORD — SENATE S11555 International Monetary Fund, the Inter- 212(f) of the Immigration and Nationality every year thereafter, the President shall national Bank for Reconstruction and Devel- Act (8 U.S.C. 1182(f)) to suspend the entry submit a report to the appropriate congres- opment, the International Development As- into the United States of any alien who— sional committees reporting on— sociation, the International Finance Cor- (1) holds a position in the senior leadership (1) assistance and commerce received by poration, the Multilateral Investment Guar- of the Government of Belarus; or Belarus from other foreign countries during anty Agency, and the European Bank for Re- (2) is a spouse, minor child, or agent of a the previous 12-month period; construction and Development. person inadmissible under paragraph (1). (2) the sales of weapons and weapons-re- SEC. 6. BLOCKING BELARUSIAN ASSETS IN THE SEC. 8. PROHIBITION ON STRATEGIC EXPORTS lated technologies from Belarus during that UNITED STATES. TO BELARUS. 12-month period; (a) BLOCKING OF ASSETS.—All property and No computers, computer software, goods (3) the relationship between the interests in property, including all commer- intended to manufacture or service com- Lukashenka regime and the Government of cial, industrial, or public utility under- puters, no technology intended to manufac- the Russian Federation; and takings or entities, that are owned in whole ture or service computers, or any other (4) the personal assets and wealth of Alek- or in part by the Government of Belarus, or goods or technology may be exported to or sandr Lukashenka and other senior leaders by any member of the senior leadership of for use by the Government of Belarus, or by of the Government of Belarus. Belarus, that are in the United States, that any of the following entities of that govern- (b) REPORT ELEMENTS.—Each report re- quired by subsection (a) shall, for the period hereafter come within the United States, or ment: covered by the report, contain, to the extent that are or hereafter come within the posses- (1) The military. such information is known— sion or control of United States persons, in- (2) The police. (1) a description of all assistance, including cluding their overseas branches, are hereby (3) The prison system. humanitarian assistance, provided to the blocked. (4) The national security agencies. Government of Belarus by foreign govern- (b) EXERCISE OF AUTHORITIES.—The Sec- SEC. 9. PROHIBITION ON LOANS AND INVEST- ments and multilateral institutions; retary of the Treasury, in consultation with MENT. (2) a description of Belarus’ commerce with (a) UNITED STATES GOVERNMENT FINANC- the Secretary of State, shall take such ac- foreign countries, including the identifica- ING.—No loan, credit guarantee, insurance, tions, including the promulgation of regula- tion of Belarus’ chief trading partners and financing, or other similar financial assist- tions, orders, directives, rulings, instruc- the extent of such trade; ance may be extended by any agency of the tions, and licenses, and employ all powers (3) a description of joint ventures com- United States Government (including the granted to the President by the Inter- pleted, or under construction by foreign na- Export-Import Bank and the Overseas Pri- national Emergency Economic Powers Act, tionals involving facilities in Belarus; and vate Investment Corporation) to the Govern- as may be necessary to carry out subsection (4) an identification of the countries that ment of Belarus. (a). purchase or have purchased, arms or mili- (b) TRADE AND DEVELOPMENT AGENCY.—No (c) PROHIBITED TRANSFERS.—Transfers pro- tary supplies from Belarus or that have come funds made available by law may be avail- hibited under subsection (b) include pay- into agreements with the Belarus Govern- able for activities of the Trade and Develop- ments or transfers of any property or any ment that have a military application, ment Agency in or for Belarus. transactions involving the transfer of any- including— (c) THIRD COUNTRY ACTION.—Congress urges thing of economic value by any United (A) a description of the military supplies, the Secretary of State to encourage all other States person to the Government of Belarus, equipment, or other material sold, bartered, countries, particularly European countries, or any person or entity acting for or on be- or exchanged between Belarus and such to suspend any of their own programs pro- half of, or owned or controlled, directly or countries; and viding support similar to that described in indirectly, by that government, or to any (B) a listing of the goods, services, credits, subsection (a) or (b) to the Government of member of the senior leadership of Belarus. or other consideration recieved by the Belarus, including the rescheduling of repay- (d) PAYMENT OF EXPENSES.—All expenses Belarus government in exchange for military ment of the indebtedness of that government incident to the blocking and maintenance of supplies, equipment, or material. under more favorable conditions. property blocked under subsection (a) shall SEC. 14. SENSE OF CONGRESS. (d) PROHIBITION ON PRIVATE CREDITS.—No be charged to the owners or operators of Congress hereby— United States person may make or approve such property, which expenses shall not be (1) expresses its support to those in Belarus any loan or other extension of credit, di- met from blocked funds. seeking— rectly or indirectly, to the Government of (e) PROHIBITIONS.—The following shall be (A) to promote democracy and the rule of Belarus or to any corporation, partnership, prohibited as of the date of enactment of this law, to consolidate the independence and or other organization that is owned, oper- Act: sovereignty of Belarus; and ated, or controlled by the Government of (1) The exportation to any entity owned, (B) to promote its integration into the Eu- Belarus. controlled, or operated by the Government of ropean community of democracies; Belarus, directly or indirectly, of any goods, SEC. 10. DENIAL OF GSP. (2) expresses its grave concern about the technology, or services, either— (a) FINDING.—Congress finds that the Gov- disappearances of Victor Gonchar, Yuri (A) from the United States; ernment of Belarus has failed to respect Krasovsky, Yuri Zakharenka, Dmitry (B) requiring the issuance of a license for internationally recognized worker rights. Zavadsky, and other members of the opposi- export by a Federal agency; or (b) DENIAL OF GSP BENEFITS.—Congress ap- tion and press; (C) involving the use of United States reg- proves the decision of the United States Gov- (3) calls upon Lukashenka’s regime to istered vessels or aircraft, or any activity ernment to deny tariff treatment under title cease its persecution of political opponents that promotes or is intended to promote V of the Trade Act of 1974 (the Generalized and to release those, including Andrei such exportation. System of Preferences (GSP)) to Belarus. Klimov, who have been imprisoned for oppos- (2) The performance by any United States SEC. 11. MULTILATERAL SANCTIONS. ing his regime; person of any contract, including a financing It is the sense of Congress that the Presi- (4) calls upon the Lukashenka regime to contract, in support of an industrial, com- dent should continue to seek to coordinate respect the basic freedoms of speech, expres- mercial, or public utility operated, con- with other countries, particularly European sion, assembly, association, language, and trolled, or owned by the Government of countries, a comprehensive, multilateral religion; Belarus. strategy to further the purposes of this Act, (5) calls upon Lukashenka to allow par- (f) EXCEPTIONS.—Notwithstanding any including, as appropriate, encouraging other liamentary and presidential elections to be other provision of this section, this section countries to take measures similar to those conducted that are free, fair, and fully meet does not apply to— described in this Act. international standards; (1) assistance provided under section 3 or 4 SEC. 12. OWNERSHIP AND USE OF DIPLOMATIC (6) calls upon the Government of Russia, of this Act; AND CONSULAR PROPERTIES. the State Duma, and the Federation Council (2) those materials described in section It is the sense of Congress that, if an un- to end its support, including financial sup- 203(b)(3) of the International Emergency democratic and illegitimate Government of port, to the Lukashenka regime and to fully Economic Powers Act relating to informa- Belarus, enters into a union with the Rus- respect the sovereignty and independence of tional materials; or sian Federation that results in the loss of the Republic of Belarus; (3) materials being sent to Belarus as relief sovereignty for Belarus, the United States (7) calls upon the Government of Belarus in response to a humanitarian crisis. should immediately withdraw any and all to resolve the continuing constitutional and (g) STATUTORY CONSTRUCTION.—Nothing in privileges and immunities under the Vienna political crisis through free, fair, and trans- this Act prohibits any contract or other fi- Convention on Diplomatic Relations enjoyed parent elections, including, as called for by nancial transaction with any private or non- by the personnel and property of the Govern- the Organization for Security and Coopera- governmental organization or business in ment of Belarus and demand the immediate tion in Europe (OSCE), of which Belarus is a Belarus. departure of such personnel from the United member— SEC. 7. DENYING ENTRY INTO THE UNITED States. (A) respect for human rights; STATES TO BELARUSIAN OFFICIALS. SEC. 13. REPORTS. (B) an end to the current climate of fear; It is the sense of Congress that the Presi- (a) IN GENERAL.—Not later than 90 days (C) opposition and meaningful access to dent should use his authority under section after the date of enactment of this Act, and state media; S11556 CONGRESSIONAL RECORD — SENATE November 7, 2001 (D) modification of the electoral code to tourism across all of northern New I am pleased the four States were make the code more democratic; Mexico. able to come to a unified consensus on (E) engaging in genuine talks with the op- The bill we are introducing today the route for the Ports-to-Plains cor- position; and completes the designation of the route ridor. I ask unanimous consent that a (F) permitting real power for the par- for the Ports-to-Plains High Priority liament. letter from the directors of the four (8) calls upon other governments to refuse Corridor, which runs 1,000 miles from State highway departments to the Fed- to use as diplomatic residences or for any Laredo, Texas, to Denver, CO. I am eral Highway Administration summa- other purpose properties seized by the honored to have my colleague, Senator rizing the four-State consensus rec- Lukashenka regime from the Belarusian po- DOMENICI, as a cosponsor of the bill. ommendation be printed in the RECORD litical opposition; I continue to believe strongly in the at the conclusion of my remarks. (9) calls upon the international commu- importance of highway infrastructure I do believe the consensus rec- nity, including the Government of Russia, to for economic development in my State. ommendation is a good result for all refuse to ratify or accept any treaty signed Even in this age of the new economy four States in the region. Both New by Aleksandr Lukashenka or any other offi- and high-speed digital communica- cial of his government. Mexico and Texas plan to upgrade their tions, roads continue to link our com- (10) commends the democratic opposition portion of the corridor to the full four munities together and to carry the in Belarus for their commitment to freedom, lanes envisioned in the feasibility commercial goods and products our their courage in the face of Lukashenka’s study for the Ports-to-Plains trade cor- brutal repression, and the unity and coopera- citizens need. Safe and efficient high- ridor. Indeed, the State of Texas will tion their various political parties and non- ways are especially important to citi- soon begin construction that will four- governmental organizations demonstrated zens in the rural parts of New Mexico. during the October 2000 parliamentary elec- It is well known that regions with lane its portion of Highway 87 from tions and the October 2001 presidential elec- four-lane highways will more readily Dumas to the New Mexico State line. tions and calls upon the democratic opposi- attract out-of-state visitors and new Meanwhile, Colorado plans to develop tion of Belarus to sustain that unity and co- jobs. Travelers prefer the safety of a it’s portion as a super-two-lane high- operation as part of the effort to bring an way at a cost of $537 million. The esti- end to Lukashenka’s dictatorship. four-lane highway rather than sharing a two-lane road with a large number of mated cost to four-lane New Mexico’s SEC. 15. DEFINITIONS. 81 miles of the corridor between Clay- In this Act: semi tractor-trailer rigs. (1) SENIOR LEADERSHIP OF BELARUS.—The In 1998, Congress identified the Ports- ton and Raton is $185 million. term ‘‘senior leadership of Belarus’’ to-Plains corridor between the border I do believe that once Highway 87 has includes— with Mexico to Denver, CO, as a High been upgraded to four lanes between (A) the President, Prime Minister, Deputy Priority Corridor on the National Dumas and Raton, the route will act as Prime Ministers, government ministers, and Highway System. This designation a magnet for out-of-state visitors to deputy ministers of Belarus; arose in part as a result of the North the year-round tourist attractions (B) the Governor of the National Bank of American Free Trade Agreement. throughout northern New Mexico. Belarus; (C) officials of the Belarus Committee for Under NAFTA, commercial border traf- Tourists in particular will prefer the State Affairs (BKGB), the police, and any fic is already increasing, and the Ports- safety and a convenience of a four-lane other organ of repression; to-Plains corridor was considered to be highway. (D) any official of the Government of centrally situated to serve inter- Congress designated the southern Belarus involved in the suppression of free- national trade and promote economic portion of the Ports-to-Plains corridor dom in Belarus, including judges and pros- development along its entire route. last year. Now the feasibility study has ecutors; Congress had previously designated a been completed and all four States are (E) any official of the Government of parallel route, the Camino Real Cor- in unanimous agreement on the pre- Belarus directly appointed by Aleksandr Lukashenka; and ridor, including Interstate Highway 25 ferred route for the northern portion. (F) officials of the presidential administra- through central New Mexico, as a high The time to act is now. Congress tion. priority corridor; this corridor runs should move quickly to confirm the (2) UNITED STATES.—The term ‘‘United from the Mexican border at El Paso, four-state consensus of the Ports-to- States’’ means the States of the United TX, through Albuquerque and Denver, Plains Trade Corridor by passing our States, the District of Columbia, and any and on to the Canadian border. bill. I look forward to working with the commonwealth, territory, dependency, or Last year, a comprehensive study Chairman of the Environment and Pub- possession of the United States. was undertaken to determine the feasi- lic Works Committee, Senator JEF- (3) UNITED STATES PERSON.—The term bility of creating a second continuous FORDS and the Ranking Member, Sen- ‘‘United States person’’ means any United four-lane highway along the proposed States resident or national (other than an ator SMITH, to confirm the four states’ individual resident outside the United States Ports-to-Plains High Priority corridor. recommendation with this non-con- and employed by other than a United States Alternative highway alignments for troversial, bipartisan legislation. person), any domestic concern (including the trade corridor were developed and Once the route is established, I am any permanent domestic establishment of evaluated. The study was conducted committed to working to help secure any foreign concern) and any foreign sub- under the direction of a steering com- the funding required to complete the sidiary or affiliate (including any permanent mittee consisting of the State depart- four-lane upgrade as soon as possible. I foreign establishment) of any domestic con- ments of transportation in Texas, New cern which is controlled in fact by such do- do believe the four-lane upgrade of Mexico, Oklahoma, and Colorado. The Highway 87 is vital to economic devel- mestic concern, as determined under regula- Ports-to-Plains feasibility study was tions of the President. opment for the communities of Raton completed and a final report circulated and Clayton and throughout all of earlier this year. By Mr. BINGAMAN (for himself northeast New Mexico. With the results of the feasibility and Mr. DOMENICI): I again thank Senator DOMENICI for S. 1646. A bill to identify certain study in hand, representatives of the four State highway departments met cosponsoring the bill, and I hope all routes in the states of Texas, Okla- Senators will join us in support of this homa, Colorado, and New Mexico as on July 30 to reach consensus on the important legislation. part of the Ports-to-Plains Corridor, a preferred designation for the northern I ask unanimous consent that the high priority corridor on the National portion of the Ports-to-Plains corridor Highway System; to the Committee on between Dumas, TX, and Denver, CO. text of the bill and the previously ref- Environmental and Public Works. The four representatives agreed to rec- erenced letter be printed in the Mr. BINGAMAN. Madam President, I ommend designating the route north of RECORD. rise today to introduce legislation that Dumas, TX, along U.S. Highway 287 There being no objection, the mate- will enhance the future economic vital- through Boise City, OK, to Limon, CO, rial was ordered to be printed in the ity of communities in Union and Colfax and then along Interstate 70 to Denver. RECORD, as follows: Counties and throughout all of North- They also recommended including the S. 1646 eastern New Mexico. By improving the route from Dumas, TX, along U.S. Be it enacted by the Senate and House of Rep- transportation infrastructure, I believe Highway 87 through Clayton, NM, to resentatives of the United States of America in this legislation will also help promote Raton in the corridor. Congress assembled, November 7, 2001 CONGRESSIONAL RECORD — SENATE S11557 SECTION 1. IDENTIFICATION OF PORTS-TO- New Mexico Executive World War II, General George C. Mar- PLAINS HIGH PRIORITY CORRIDOR Director, DOT. shall presided over the Barracks and ROUTES. GARY M. RIDLEY, Section 1105(c)(38) of the Intermodal Sur- resided on Officer’s Row. Oklahoma Executive Thanks to the wisdom, respect for face Transportation Efficiency Act of 1991 Director, DOT. (105 Stat. 2032; 114 Stat. 2763A–201) is history, and foresight of numerous in- amended— By Ms. CANTWELL (for herself dividuals including Representative (1) in subparagraph (A), by redesignating and Mrs. MURRAY): Russell Mack, the esteemed chair- clauses (i) through (viii) as subclauses (I) S. 1649. A bill to amend the Omnibus woman of the House Interior Appro- through (VIII), respectively; Parks and Public Lands Management priations Subcommittee, Julia Butler (2) by redesignating subparagraph (A) as Hansen, Congressman Don Bonker, and clause (i); Act of 1996 to increase the authoriza- (3) by striking ‘‘(38) The’’ and inserting tion of appropriations for the Van- Congresswoman Jolene Unsoeld, among ‘‘(38)(A) The’’; couver National Historic Reserve and many others, the tremendous resources (4) in subparagraph (A) (as designated by for the preservation of Vancouver Bar- of the site have been protected for fu- paragraph (3))— racks; to the Committee on Energy and ture generations. (A) in clause (i) (as redesignated by para- Natural Resources. President Truman signed legislation graph (2))— Ms. CANTWELL. Madam President, I in 1948 that first authorized for Fort (i) in subclause (VII) (as redesignated by am introducing legislation today that Vancouver National Monument. The paragraph (1)), by striking ‘‘and’’ at the end; will reauthorize Federal participation act allowed the War Assets Adminis- (ii) in subclause (VIII) (as redesignated by paragraph (1)), by striking the period at the in the historic preservation efforts of tration to transfer surplus property in end and inserting ‘‘; and’’; and one of the most historically significant Vancouver Barracks to the Secretary (iii) by adding at the end the following: sites in the Pacific Northwest, the Fort of the Interior. On June 30, 1954, the ‘‘(IX) United States Route 287 from Dumas Vancouver National Historic Reserve. National Monument was officially es- to the border between the States of Texas The Historic Reserve is rich in cul- tablished and the nearly 60 acres of the and Oklahoma, and also United States Route tural and historic national signifi- Vancouver Barracks were transferred 87 from Dumas to the border between the cance, pre-dating the arrival of Lewis to the National Park Service. Finally, States of Texas and New Mexico.’’; and and Clark through the mid-20th cen- the site was designated as a National (B) by adding at the end the following: tury. For more than 10,000 years, Na- ‘‘(ii) In the State of Oklahoma, the Ports- Historic Site in 1961. to-Plains Corridor shall generally follow tive American groups inhabited the In 1996, the expanded, 366-acre Van- United States Route 287 from the border be- prairies along the Columbia River that couver National Historic Reserve was tween the States of Texas and Oklahoma to include the site of present-day Van- established to protect all of the histori- the border between the States of Oklahoma couver and the historic reserve. cally significant historical areas with- and Colorado. Located on the great American wa- in adjacent to the barracks. The re- ‘‘(iii) In the State of Colorado, the Ports- terway, the Columbia River, the Van- serve includes Fort Vancouver, the to-Plains Corridor shall generally follow— couver National Historic Reserve site Vancouver Barracks, Officers’ Row, ‘‘(I) United States Route 287 from the bor- became the base of Columbia region op- Pearson Field, the Water Resources der between the States of Oklahoma and Col- orado to Limon; and erations for the Hudson’s Bay Trading Education Center, and portions of the ‘‘(II) Interstate Route 70 from Limon to Company in the early 19th century. As Columbia River waterfront. The sites Denver. my colleagues know, Hudson’s Bay was serve as an enormously significant re- ‘‘(iv) In the State of New Mexico, the the powerful British fur trading com- source in Southwest Washington. Ports-to-Plains Corridor shall generally fol- pany that vied for control of the trap- The restoration of the barracks alone low United States Route 87 from the border ping industry in Western lands of the is an enormously important project to between the States of Texas and New Mexico present-day United States, even before stimulate the economic revitalization to Raton.’’; and political control of those lands were es- of Vancouver. Last year, Congress au- (5) by striking ‘‘(B) The corridor designa- thorized the transfer of the 16 buildings tion contained in paragraph (A)’’ and insert- tablished. At its peak, the company ing the following: built an enormous network through that comprise the West Barracks to the ‘‘(B) The corridor designation contained in the region, with Fort Vancouver as the City of Vancouver, and the partners in- subclauses (I) through (VIII) of subparagraph administrative headquarters and sup- volved in this tremendous project have (A)(i)’’. ply depot for the hundreds of employ- devised a Cooperative Management ees at dozens of posts in the region. Plan that identifies $40 million in nec- DEPARTMENT OF TRANSPORTATION Fort Vancouver became a trade cen- essary spending to replace failing in- September 21, 2001. ter for the Western territories, with frastructure and rehabilitate the 16 C.D. REAGAN, goods arriving frequently from Europe Division Administrator, Federal Highway Ad- buildings to the standards established ministration, Austin, TX. and the Hawaiian Islands and large under the National Historic Preserva- DEAR MR. REAGAN: We are pleased to in- quantities of furs and other natural re- tion Act. form you that we have finalized the preferred source products returned to London. The Partner’s Cooperative Manage- designation for the Ports-to-Plains Corridor. The Fort came to serve as a hub for nu- ment Plan for the Historic Reserve This letter confirms the consensus reached merous other developing industries, in- calls for the Barracks to be reused pri- by the states of Colorado, New Mexico, Okla- cluding sawmills, dairies, shipbuilders, marily for historic preservation, edu- homa and Texas on July 30, 2001, whereby the cation, and other forms of public use. northern portion of the Ports-to-Plains Cor- fishers and tanneries. In essence, Fort ridor would be formally designated as routes Vancouver truly served as a historic But the location of the site near the from Dumas, Texas on U.S. 287 to I-70 at foundation for the development of the heart of Vancouver and the potential Limon, Colorado and then to Denver, Colo- entire Pacific Northwest region. for drawing additional economic activ- rado, and U.S. 87 from Dumas, Texas to But this history of the trapping in- ity back to the city make this vitally Raton, New Mexico. dustry is not the only significant as- important for Southwest Washington. We submit these routes formally as rep- pect of this site. The Fort also served The public-private partnership plan resenting the states agreed unified designa- as the Northwest’s military adminis- for the Barracks has also developed a tion for the Ports-to-Plains Corridor north of trative headquarters beginning in 1849. cost-sharing plan between federal, Dumas, Texas and request that you submit our recommendation to the appropriate con- The United States Army continuously state, and private sources to locate the gressional committees. occupied the Vancouver Barracks at necessary funds and perform the ren- Thank you for your strong consideration of the historic reserve site for 150 years. ovation during the next four to six this issue. In the 1920’s, the Army created a small years. While we at the Federal level Sincerely, airfield for the Army Air Corps, which have contributed to the project in re- THOMAS E. NORTON, is now the site of the oldest operating cent years, the State of Washington Colorado Executive Di- airfield in the Nation, Pearson Airfield. and the City of Vancouver have also rector, DOT. MICHAEL W. BEHRENS, In the 1930’s, the Fort was used as a committed significant resources, and Texas Executive Direc- training camp for those participating the Vancouver National Historic Re- tor, DOT. in the Civilian Conservation Corps’ re- serve Trust has initiated aggressive ef- PETE RAHN, forestation program. And, during forts to raise funds quickly. I have S11558 CONGRESSIONAL RECORD — SENATE November 7, 2001 worked this year, and my colleague dential Decision Directive 39 of 1995 system and address the immediate Senator MURRAY has successfully clearly designates the FBI as the over- threats stemming from this uncer- worked this year and in years past, to all lead federal agency for domestic tainty. In proposing this measure, I am obtain those critical federal dollars for terrorism incidents. At the same time, building upon current law by clarifying the project. per last year’s Public Health Threats the role of the CDC when acting during However, I believe that more can and and Emergencies Act, P.L. 106–505, if a public health emergency. Further- should be done to keep this project the Secretary of Health and Human more, my measure is consistent with moving ahead. We must never forget Services determines, after consulting the proposed Kennedy-Frist Bioter- our cultural, political, and economic with the Director of the CDC, that a rorism Preparedness Act and builds on heritage, and our historic resources public health emergency exists, the our work in last year’s Public Health help educate and remind us of those Secretary is authorized to take such Threats and Emergencies Act. We have origins. That is why we have come to- action as may be appropriate to re- already had to endure the consequences gether to introduce this legislation spond to the public health emergency, of the current confusion over the im- that will authorize additional federal including conducting and supporting portant, but distinct, roles of public spending on the project. investigations into the cause, treat- health and law enforcement in respond- I look forward to working with Sen- ment, or prevention of a disease. Fur- ing to terrorist attacks. It is our re- ator MURRAY and others on the Appro- ther, the Federal Response Plan des- sponsibility to act immediately to rec- priations Committee to move this leg- ignates HHS as the primary federal tify this situation in order to assure islation quickly and continuing agency for the medical and public public health, safety, and security. progress on this significant project for health response to emergencies. So it The Public Health Emergencies Ac- the Pacific Northwest and our Nation. seems that, under current law and reg- countability Act changes current law ulation, the FBI is the lead agency in in several ways. First, it redefines By Mr. CLELAND: the event of a terrorist attack, and ‘‘public health emergency’’ to include S. 1650. A bill to amend the Public HHS has significant authority to act in chemical and radiological attacks, in Health Service Act to change provi- the event of a public health emergency. addition to bioterrorism, and to make sions regarding emergencies; to the But if a terrorist attack is also a public suspected as well as proven such at- tacks eligible for emergency designa- Committee on Health, Education, health emergency, as has been the case tion. Second, as under last year’s Pub- Labor, and Pensions. of late, it is not readily evident who is lic Health Threats and Emergencies Mr. CLELAND. Madam President, in charge. Clearly, both the FBI and Act, the Secretary of HHS, acting in the events of the past month have pre- the CDC have essential roles in such a sented the agencies of the Federal Gov- consultation with CDC, is given the au- situation. These roles are distinct but thority to determine the existence of a ernment with a challenge like none we do occasionally overlap, necessitating have ever seen. The anthrax attacks in public health emergency, and to re- a clarification of how precisely the spond to such an emergency by making Florida, New York, New Jersey, and agencies are to coordinate with one an- Washington have placed unprecedented grants and conducting investigations. other in a bioterrorism crisis. My measure provides additional au- demands on both the public health and While the law enforcement and pub- thority for the Secretary and CDC in law enforcement arms of the Federal lic health response to terrorist attacks these cases to take the lead in ‘‘direct- Government. Yet, in spite of the fact are both vital, in the event of a public ing the response of other Federal de- that the men and women of the Federal health emergency, the unique life and partments and agencies’’ and in ‘‘dis- Government have never before encoun- death health ramifications of such an seminating necessary information’’ to tered circumstances like these, I am attack mandate, in my view, that pub- the general public. Third, the time pe- pleased to say that, by and large, their lic health experts take the lead role in riod of the emergency is to be set by response has been exceptional, and I investigating and treating the attack. the Secretary and is not to exceed 180 would like to thank them for their cou- Bioterrorism is a new arena for us all, days, but may be extended by the Sec- rageous efforts. However, as might be including the CDC and in such un- retary after notification of Congress expected, this latest trial has exposed a charted territory nothing we do can and other Federal agencies. number of weaknesses in our bioter- guarantee that no mistakes will be Finally, and most importantly, the rorism response mechanism which we made. However, with adequate funding determination of a public health emer- must now act swiftly to remedy. and armed with their training and ex- gency by the Secretary of HHS, in con- The Federal response to the anthrax pertise, the public health experts of the sultation with CDC, is made the defin- crisis has revealed some uncertainty CDC constitute our best defense ing action in clarifying who should with regard to the precise roles as- against this emerging threat. There- take the lead role in handling a bio- signed to each of the several Federal fore, the measure I am introducing logical, chemical or radiological at- agencies with responsibilities in such today will clarify the role of the CDC tack. Thus, when it is determined that situations and with regard to coordina- and minimize the problems caused by a given situation does not rise to the tion between these agencies and the bureaucratic infighting over agency level of a public health emergency, law dissemination of public information. roles, thereby preventing time from be- enforcement will assume the lead posi- For example, while the CDC took the coming an additional enemy. tion. On the other hand, when the Sec- lead in testing anthrax samples from Law enforcement agencies and the retary of HHS has identified and de- Florida, the anthrax samples found in CDC have equally important, but sepa- clared a public health emergency, pub- New York and Washington were col- rate, roles in the event of a terrorist lic health and the CDC will take the lected by the FBI and sent, not to the attack involving biological, chemical, leading role. In either case, my pro- CDC, but to DoD labs for testing. By or radiological weapons. Such an at- posal mandates that the lead agency sending these samples to different fa- tack allows us absolutely no room for keep all other relevant authorities, in- cilities, not only are we duplicating confusion over these roles, however, as cluding the Congress, fully and cur- services, but, more importantly, we evidenced by the tragic results of the rently informed. If there is one mes- run the risk of critical results not current anthrax attacks. While I am sage that emerges time and time again being expeditiously reviewed by the ap- eagerly awaiting further definition of about shortcomings in the Federal propriate health officials thereby unac- the role of the new Office of Homeland Government’s current response to ter- ceptably increasing the response time Security and I will support giving it rorism, especially bioterrorism, it is in what is quite literally a life and the necessary authority to get the job that the relevant Federal agencies death situation. done, the American people cannot af- don’t talk to each another soon enough I believe the uncertainty that has ford any delay in eliminating existing or completely enough. The Public prevailed as to the proper role of the uncertainties in the federal response to Health Emergencies Accountability CDC in a bioterrorist incident, particu- bioterrorism. Act will put an end to that. larly vis-a-vis law enforcement agen- My Public Health Emergencies Ac- I ask unanimous consent that the cies, is largely due to ambiguity in countability Act is an attempt to text of the bill be printed in the present statutes and regulations. Presi- eliminate the confusion of the current RECORD. November 7, 2001 CONGRESSIONAL RECORD — SENATE S11559 There being no objection, the bill was and the Committee on Appropriations of the Council was able to find solutions to ordered to be printed in the RECORD, as Senate and the Committee on Commerce and problems that had previously seemed follows: the Committee on Appropriations of the unsurmountable. Washington, DC, is House of Representatives a report ripe with opportunity for the same S. 1650 describing— Be it enacted by the Senate and House of Rep- ‘‘(A) the expenditures made from the Pub- kind of consensus building and medi- resentatives of the United States of America in lic Health Emergency Fund in such fiscal ation. We can not only build on the ex- Congress assembled, year; and perience of consensus building in North SEC. 1. SHORT TITLE. ‘‘(B) each public health emergency for Dakota, but similar successes in Mon- This Act may be cited as the ‘‘Public which the expenditures were made and the tana, Florida, Oregon and many other Health Emergencies Accountability Act’’. activities undertaken with respect to each States. SEC. 2. AMENDMENT TO THE PUBLIC HEALTH emergency which was conducted or sup- The United States Consensus Council SERVICE ACT. ported by expenditures from the Fund. would bring people together and then Part B of title III of the Public Health ‘‘(e) SUPPLEMENT NOT SUPPLANT.—Funds help to develop recommendations. appropriated under this section shall be used Service Act (42 U.S.C. 243 et seq.) is amended These recommendations would be advi- by striking section 319 and inserting the fol- to supplement and not supplant other Fed- lowing: eral, State, and local public funds provided sory, subject to normal legislative or ‘‘SEC. 319. PUBLIC HEALTH EMERGENCIES. for activities under this section. regulatory processes. The board of di- ‘‘(a) EMERGENCIES.—If the Secretary deter- ‘‘(f) EMERGENCY DECLARATION PERIOD.—A rectors would be appointed by the mines, after consultation with the Director determination by the Secretary under sub- President and the bipartisan Congres- of the Centers for Disease Control and Pre- section (a) that a public health emergency sional leadership. The council would vention and other public health officials as exists shall remain in effect for a time period remain neutral on substantive policy may be necessary, that— specified by the Secretary but not longer matters. ‘‘(1) a disease or disorder presents a public than the 180-day period beginning on the The Council would focus primarily on date of the determination. Such period may health emergency; or issues that Congressional leaders and ‘‘(2) a detected or suspected public health be extended by the Secretary if the Sec- retary determines that such an extension is the White House have agreed are appro- emergency, including significant outbreaks priate. These could be issues that are of infectious diseases or terrorist attacks in- appropriate and notifies the Committee on volving biological, chemical, or radiological Health, Education, Labor, and Pensions of contentious or deadlocked, or they weapons, otherwise exists, the Senate and the Committee on Appropria- could be emerging issues where medi- tions of the Senate and the Committee on the Secretary may take such action as may ation could help to prevent later polar- Commerce of the House of Representatives be appropriate to respond to the public ization. and the Committee on Appropriations of the health emergency, including making grants The Council’s role will be to design House of Representatives.’’. and entering into contracts and, acting and conduct processes that lead to through the Centers for Disease Control and By Mr. DORGAN (for himself, Mr. common ground on effective public pol- Prevention, conducting and supporting in- icy for a particular issue. The Council BROWNBACK, and Mr. CONRAD): vestigations into cause, treatment, or pre- could be called upon to convene key vention of a disease or disorder as described S. 1651. A bill to establish the United States Consensus Council to provide stakeholders in face-to-face meetings in paragraphs (1) and (2), directing the re- over time to build agreements on com- sponse of other Federal departments and for consensus building process in ad- agencies with respect to the safety of the dressing national public policy issues, plex issues. The legislation authorizes $5 million general public and Federal employees and fa- and for other purposes; to the Com- for the first year and would also allow cilities, and disseminating necessary infor- mittee on Governmental Affairs. mation to assist States, localities, and the Mr. DORGAN. Madam President, private contributions to the Council. general public in responding to a disease or today I am introducing legislation that The Council would not be a part of the disorder as described in paragraphs (1) and would create the United States Con- Federal Government and its employees (2). would not be considered Federal work- ‘‘(b) DETERMINATION.—A determination of sensus Council. This council would be a non-profit, quasi-governmental entity ers. an emergency by the Secretary under sub- I have long been a supporter of build- that would serve both the legislative section (a) shall supersede all other provi- ing consensus and finding ways to sions of law with respect to actions and re- and executive branches of government. reach compromise. I believe that this sponsibilities of the Federal Government, Its role would be to build agreements legislation could help the Congress and but in all such cases the Secretary shall keep among stakeholders primarily on legis- the administration to find that middle the relevant Federal departments and agen- lative issues where there are diverse cies, including but not limited to the Depart- ground. There are so many important and conflicting views and bring these ment of Justice, the Federal Bureau of Inves- issues that get deadlocked in Wash- agreements back to Congress or other tigation, the Office of Homeland Security, ington, and this approach will help to decision-makers for action. and the committees of Congress listed in break that logjam. Recent weeks have Leaders from the Administration and subsection (f), fully and currently informed. shown that it can be done. I hope that ‘‘(c) FULL DISCLOSURE.—In cases involving, the Congress have worked together in this bill will allow it to happen more or potentially involving, a public health recent weeks to respond to the ter- often. I look forward to working with emergency, but where no determination of rorist attacks against our country. my colleagues on both sides of the aisle an emergency by the Secretary, under the This has shown the benefit of working provisions of subsection (a), has been made, to move this bill through the process. across party lines to develop consensus all relevant Federal departments and agen- I ask unanimous consent that the on a variety of policy issues. At a time cies, including but not limited to the Depart- text of this bill be printed in the when the Nation is unified and focused ment of Justice, the Federal Bureau of Inves- RECORD. tigation, the Office of Homeland Security, on these unprecedented challenges, the There being no objection, the bill was shall keep the Secretary and the Centers for Consensus Council can help institu- ordered to be printed in the RECORD, as Disease Control and Prevention and the com- tionalize this spirit of comity. The mittees of Congress listed in subsection (f), follows: Council can provide ongoing support to S. 1651 fully and currently informed. Congress by bringing stakeholders to ‘‘(d) PUBLIC HEALTH EMERGENCY FUND.— Be it enacted by the Senate and House of Rep- the table to resolve a wide range of dif- ‘‘(1) IN GENERAL.—There is established in resentatives of the United States of America in the Treasury a fund to be designated as the ficult national issues. Congress assembled, ‘‘Public Health Emergency Fund’’ to be The North Dakota Consensus Council SECTION 1. SHORT TITLE. made available to the Secretary without fis- in my home State serves as a model for This Act may be cited as the ‘‘United cal year limitation to carry out subsection this national proposal. In North Da- States Consensus Council Act of 2001’’. (a) only if a public health emergency has kota, the Consensus Council has helped SEC. 2. FINDINGS AND PURPOSE. been declared by the Secretary under such to find common ground on the use of (a) FINDINGS.—Congress finds that— subsection. There is authorized to be appro- grasslands in the western part of the (1) throughout the Nation there is increas- priated to the Fund such sums as may be State, the structure of judgeships ing success in the use of collaborative and necessary. consensus-building approaches to address ‘‘(2) REPORT.—Not later than 90 days after across the State, and flood mitigation critical public policy issues at the national, the end of each fiscal year, the Secretary efforts in the Red River Valley. By State, and local levels; shall prepare and submit to the Committee bringing together all of the interested (2) there is a need for a national Council on Health, Education, Labor, and Pensions parties, the North Dakota Consensus that can promote and conduct consensus- S11560 CONGRESSIONAL RECORD — SENATE November 7, 2001

building processes that primarily address States Consensus Council Foundation’’ and (c) GENERAL AUTHORITY.—The Council may legislative policy issues of national impor- the use of any official United States Con- do any and all lawful acts necessary or desir- tance; sensus Council emblem, badge, seal, and able to carry out the objectives and purposes (3) such a Council may enroll specific other mark of recognition or any colorable of this Act. stakeholders, both public and private, to simulation thereof. (d) GUIDELINES FOR COUNCIL OPERATIONS.— build agreements that ultimately may be (2) UNITED STATES REFERENCES.—The Coun- As necessary, the Council shall develop implemented by Congress, Federal agencies, cil may use ‘‘United States’’ or ‘‘U.S.’’ or guidelines, through its bylaws or otherwise, or other policymaking bodies; any other reference to the United States to address— (4) such a Council will strive to create pub- Government or Nation in its title or in its (1) policies relating to personal service lic policy agreements that integrate dif- corporate seal, emblem, badge, or other contracts; fering perspectives into highest common de- mark of recognition or colorable simulation (2) standards to ensure that the Council, nominator solutions; thereof in any fiscal year only if there is an its Directors, employees, and agents, avoid (5) the establishment of such a Council is authorization of appropriations, or appro- conflicts of interest that may arise; an appropriate investment by the people of priations, for the Council for such fiscal year (3) fundraising policies, donor development this Nation in a capacity that works in co- provided by law. programs, and matters related to the accept- operation with Congress, the executive SEC. 5. POWERS AND DUTIES. ance of private donations; branch, and others and complements current (a) DISTRICT OF COLUMBIA NONPROFIT-COR- (4) the duties and responsibilities of the public policymaking processes on selected PORATE POWERS.—The Council may exercise Council, its Board, officers, employees, and issues; the powers conferred upon a nonprofit cor- agents; and (6) the existence of such a Council could poration by the District of Columbia Non- (5) the establishment of advisory commit- contribute especially to resolving differences profit Corporation Act (D.C. Code, sec. 29–301 tees, councils, or other bodies, as the effi- on contentious policy issues, preventing po- et seq.) consistent with this Act. cient administration of the business and pur- (b) DESCRIPTION OF SPECIFIC ACTIVITIES.— larization on emerging policy issues and ad- poses of the Council may require. (1) IN GENERAL.—Acting through the Board, dressing issues of complexity that involve (e) ADMINISTRATIVE SERVICES FROM GEN- multiple parties and perspectives; the Council may— (A) promote and advance programs based ERAL SERVICES ADMINISTRATION.—The Coun- (7) the establishment of such a Council cil may obtain administrative support serv- may contribute significantly to a renewed on consensus building as a complement to the current deliberative processes employed ices from the Administrator of General Serv- sense of civility and respect for differences, ices and use all sources of supply and serv- while at the same time promoting vigorous by Congress and the executive branch; (B) enter into formal and informal rela- ices of the General Services Administration interchange and open communications tionships with other institutions, public and on a reimbursable basis. among those with differing points of view; private, for purposes not inconsistent with and SEC. 6. BOARD OF DIRECTORS. this Act; (8) the Council may become a repository of (a) VESTED POWERS.—The powers of the (C) receive referrals from Congress, the wisdom and experience on public policy col- Council shall be vested in a Board of Direc- President, executive departments, agencies, laboration and consensus-building that can tors unless otherwise specified in this Act. private groups, or organizations that request be shared with public and private sector pol- the Council’s expertise in building a con- (b) APPOINTMENTS.—The Board of Directors icymakers and the public in the interest of sensus on a particular public policy issue; shall consist of 16 voting members as follows: promoting more effective public policy and (D) coordinate with, make referrals to and (1) Eight individuals, including private the increased use of collaborative processes. receive referrals from, other consensus- citizens, State or local employees, or officers (b) PURPOSE.—The purpose of this Act is to building instrumentalities of the United or employees of the United States, appointed establish an independent, nonprofit, national States, including the United States Institute by the President, except that no more than 4 Council to serve the people and the Govern- for Environmental Conflict Resolution or the of such individuals may share the same po- ment by constructing an adjunct to the ex- Federal Mediation and Conciliation Service; litical party affiliation. isting legislative and regulatory process that and (2) Two individuals, including private citi- seeks to produce consensus on Federal policy (E) develop and apply assessment plans for zens, State or local employees, Senators, or issues through collaborative processes open the purpose of reviewing such referrals. officers or employees of the United States, to key stakeholders. (2) CONSENSUS-BUILDING PROCESS.—Acting appointed by the Majority Leader of the Sen- SEC. 3. DEFINITIONS. through the Board, the Council may, for ate. In this Act, the term— each consensus-building process— (3) Two individuals, including private citi- (1) ‘‘Board’’ means the Board of Directors (A) consider such factors as issue com- zens, State or local employees, Senators, or of the Council; plexity, cost, ripeness, likelihood of partici- officers or employees of the United States (2) ‘‘Council’’ means the United States pation by key stakeholders, and any other appointed by the Minority Leader of the Sen- Consensus Council established under this relevant indices that may assist the Council ate. Act; and in determining whether to accept a referral; (4) Two individuals, including private citi- (3) ‘‘Director’’ means an individual ap- (B) identify any appropriate facilitator for zens, State or local employees, Members of pointed to the Board of Directors of the the negotiation process; the House of Representatives, or officers or Council. (C) identify the key stakeholders involved employees of the United States appointed by SEC. 4. UNITED STATES CONSENSUS COUNCIL. or interested in the outcome of a particular the Speaker of the House of Representatives. (a) ESTABLISHMENT.—There is established issue, including those individuals who have (5) Two individuals, including private citi- the United States Consensus Council. the authority to implement the Council’s zens, State or local employees, Members of (b) STATUS; RESTRICTIONS.—The Council is recommendations; the House of Representatives, or officers or an independent nonprofit corporation and (D) develop and publish a common set of employees of the United States appointed by shall be treated as an organization described facts to inform and assist consensus-building the Minority Leader of the House of Rep- under 170(c)(2)(B) of the Internal Revenue processes; resentatives. Code of 1986. The Council does not have the (E) establish ground rules, including mat- (c) TERM OF OFFICE: COMMENCEMENT AND power to issue any shares of stock or to de- ters related to confidentiality, representa- TERMINATION, INTERIM AND REMAINDER SERV- clare or pay any dividends. The Council is tion of counsel, and ex parte communica- ICE, LIMITATION.— not an agency or instrumentality of the tions; (1) TERM OF OFFICE.—Directors appointed United States. (F) work to promote consensus among the under subsection (b) of this section shall be (c) ESTABLISHMENT OF OR AFFILIATION WITH stakeholders by methods such as negotia- appointed to 4-year terms, with no Director A UNITED STATES CONSENSUS COUNCIL FOUN- tion, discussion, meetings, and any other serving more than 2 consecutive terms ex- DATION.—As determined by the Board, the process of dispute resolution; cept that— Council may establish or affiliate with a (G) build and construct agreements among (A) as designated by the President, the nonprofit legal entity which is capable of re- stakeholders; terms of 4 of the Directors initially ap- ceiving, holding, expending, and investing (H) draft, present, and submit rec- pointed under subsection (b)(1) shall be 2 public or private funds for purposes in fur- ommendations to the legislative, executive, years, subject to appointment to no more therance of the Council under this Act. Such or judicial body with oversight of the par- than 2 additional 4-year terms in the manner legal entity may be designated as the ticular issue; and set forth in this section; ‘‘United States Consensus Council Founda- (I) provide training and technical assist- (B) as designated by the Speaker of the tion’’. ance in response to the request of a depart- House of Representatives, the terms of the 2 (d) TRADE NAME AND TRADEMARK RIGHTS; ment, agency, or instrumentality of the Gov- Directors initially appointed under sub- VESTED RIGHTS PROTECTED; CONDITION FOR ernment to investigate, examine, study, and section (b)(4) shall be 2 years, subject to ap- USE OF FEDERAL IDENTITY.— report on any issue within the Council’s pointment to no more than 2 additional 4- (1) IN GENERAL.—The Council has the sole competence. year terms in the manner set forth in this and exclusive right to use and to allow or (3) OTHER ACTIVITIES.—The Council also section; and refuse others the use of the terms ‘‘United may engage in any other activity consistent (C) as designated by the Minority Leader of States Consensus Council’’ and ‘‘United with its mission. the House of Representatives, the terms of November 7, 2001 CONGRESSIONAL RECORD — SENATE S11561 the 2 Directors initially appointed under sub- the department, agency, or congressional the President and to each House of Congress section (b)(5) shall be 2 years, subject to ap- staff of such officer or employee. not later than 6 months following the close pointment to no more than 2 additional 4- (3) PERSONNEL.—The President of the of the fiscal year for which the audit is year terms in the manner set forth in this Council, with the approval of the Board, may made. The report shall set forth such state- section. appoint and fix the compensation of such ad- ments of the Council’s activities for the (2) INTERIM SERVICE.—Any Director ap- ditional personnel as determined necessary. prior year. The report shall be made avail- pointed to the Board may continue to serve The President and employees of the Council able to the public. until his or her successor is appointed. shall not be employees of the United States. SEC. 9. FUNDING. (3) REMAINDER SERVICE.—Any Director ap- (4) COMPENSATION FOR SERVICES OR EX- (a) AUTHORIZATION OF APPROPRIATIONS.— pointed to the Board to replace a Director PENSES; PROHIBITION ON LOANS TO COUNCIL DI- (1) IN GENERAL.—For the purpose of car- whose term has not expired shall be ap- RECTORS AND PERSONNEL.— rying out this Act, there are authorized to be pointed to serve the remainder of that term. (A) IN GENERAL.—No part of the financial appropriated $5,000,000 for fiscal year 2002 (4) PRESIDENT OF COUNCIL.—The President resources, income, or assets of the Council or and such sums as may be necessary for suc- of the Council shall serve as a nonvoting Di- of any legal entity created by the Council ceeding fiscal years. rector of the Board. shall inure to any agent, employee, officer, (2) AVAILABILITY.—Funds appropriated (d) QUALIFICATIONS.—A demonstrated in- or Director or be distributable to any such under the authority of paragraph (1) shall re- terest in the mission of the Council or exper- person during the life of the corporation or main available until expended. tise in consensus building may be considered upon dissolution or final liquidation. Noth- (b) TRANSFER OF UNOBLIGATED FUNDS; RE- in appointments made under this section. ing in this section may be construed to pre- PORTS OF USE OF FUNDS TO CONGRESS AND (e) REMOVAL FROM OFFICE.—A Director vent the payment of reasonable compensa- PRESIDENT.—The Board may transfer to the may be removed by a process to be deter- tion for services or expenses to the Direc- legal entity authorized to be established mined by the Council’s bylaws. tors, officers, employees, and agents of the under section 4(c) any funds not obligated or (f) MEETINGS; NOTICE IN FEDERAL REG- Council in amounts approved in accordance expended from appropriations to the Council ISTER.—Meetings of the Board shall be con- with this Act. for a fiscal year, and such funds shall remain ducted pursuant to the Council’s bylaws, ex- (B) LOANS.—The Council shall not make available for obligation or expenditure for cept as provided in the following: loans to its Directors, officers, employees, or the purposes of such legal entity without re- (1) MEETINGS; QUORUM.—The Board shall agents. gard to fiscal year limitations. Any use by meet at least semiannually. A majority of SEC. 8. PROCEDURES AND RECORDS. such legal entity of appropriated funds shall the Directors in office shall constitute a (a) MONITORING AND EVALUATION OF PRO- be reported to each House of Congress and to quorum for any Board meeting. GRAMS.—The Council shall monitor and the President. (2) OPEN MEETINGS.—All official governing evaluate and provide for independent evalua- SEC. 10. DISSOLUTION OR LIQUIDATION. meetings of the Board shall be open to public tion if necessary of programs supported in Upon dissolution or final liquidation of the observation and shall be preceded by reason- whole or in part under this Act to ensure Council, all income and assets appropriated able public notice. Notice in the Federal that the provisions of this Act and the by- by the United States to the Council, but not Register shall be deemed to be reasonable laws, rules, regulations, and guidelines pro- any other funds, shall revert to the United public notice for purposes of the preceding mulgated under this Act are adhered to. States Treasury. sentence. In exceptional circumstances, the (b) ACCOUNTS OF RECEIPTS AND DISBURSE- Board may close those portions of a meeting, MENTS; FINANCIAL REPORTS.—The Council By Mr. SANTORUM (for himself upon a majority vote of Directors present shall keep correct and complete books and and Mr. MCCAIN); and with the vote taken in public session, records of accounts, including separate and S. 1652. A bill to amend the Agricul- which are likely to disclose information or distinct accounts of receipts and disburse- tural Market Transition Act to convert that may adversely affect any ongoing pro- ments of Federal funds. The Council’s annual the price support program for sugar- ceeding or activity or to disclose informa- financial report shall identify the use of such tion or matters exempted from public disclo- cane and sugar beets into a system of funding and shall present a clear description solely recourse loans and to provide for sure under subsection (c) of section 552b of of the full financial situation of the Council. title 5. (c) MINUTES OF PROCEEDINGS.—The Council the gradual elimination of the pro- (g) COMPENSATION.—Directors shall be com- shall keep minutes of the proceedings of its gram; to the Committee on Agri- pensated at a rate not to exceed the daily Board and of any committees having author- culture, Nutrition, and Forestry. equivalent of the rate payable for a position ity under the Board. Mr. SANTORUM. Madam President, I at level IV of the Executive Schedule under (d) RECORD AND INSPECTION OF REQUIRED rise today to introduce the Sugar Pro- section 5315 of title 5, United States Code, for ITEMS.— gram Reform Act. This bill is a con- each day during which they are engaged in (1) IN GENERAL.—The Council shall keep a the performance of the duties of the Council. tinuation of my ongoing efforts to record of— bring needed reform to Federal agri- The Directors shall not be employees of the (A) the names and addresses of its Direc- United States. tors, copies of this Act, and any other Act re- culture programs that have perpet- (h) TRAVEL EXPENSES.—While away from lating to the Council; uated Federal control over prices and home or regular place of business in the per- (B) all Council bylaws, rules, regulations, production. formance of duties for the Board, a Director and guidelines; While the 1996 farm bill modernized may receive reasonable travel, subsistence, (C) required minutes of proceedings; Federal agriculture policy for some and other necessary expenses. (D) all applications and proposals and commodities, the sugar program, how- SEC. 7. OFFICERS AND EMPLOYEES. issued or received contracts and grants; and ever, only realized minor reforms. As a (a) APPOINTMENT, COMPENSATION, AND STA- (E) financial records of the Council. result, trade opportunities for other TUS OF PRESIDENT OF COUNCIL AND OTHER OF- (2) INSPECTION.—All items required by this agriculture producers have been ham- FICERS.—There shall be a President who shall subsection may be inspected by any Director be appointed by the Board. The President or any agent or attorney of a Director for pered, and Americans have been twice shall be the chief executive officer of the any proper purpose at any reasonable time. affected, both as consumers and tax- Council and shall carry out or cause to be (e) AUDITS.—The accounts of the Council payers. carried out the functions of the Council sub- shall be audited annually in accordance with A GAO report released in June 2000, ject to the supervision and direction of the generally accepted auditing standards by presents information suggesting the Board. independent certified public accountants or Federal sugar program is not serving (1) COMPENSATION OF PRESIDENT OF THE independent licensed public accountants, consumers and taxpayers well. That re- COUNCIL.—The President of the Council shall certified or licensed by a regulatory author- port, an update to a 1993 report on the be compensated at an annual rate of pay not ity of a State or other political subdivision to exceed the rate payable for a position at of the United States. The audit shall be con- same matter, estimated that the sugar level II of the Executive Schedule under sec- ducted at the place or places where the ac- program resulted in net losses to the tion 5313 of title 5, United States Code. counts of the Council are normally kept. All U.S. economy of about $700 million in (2) ASSIGNMENT OF FEDERAL OFFICERS OR books, accounts, financial records, files, and 1996, and about $900 million in 1998. EMPLOYEES TO THE COUNCIL.—The Council other papers, things, and property belonging Moreover, it found that the primary may request the assignment of any Federal to or in use by the Council and necessary to beneficiaries of the sugar program’s officer or employee to the Council by an ap- facilitate the audit shall be made available higher prices are domestic sugar beet propriate executive department, agency, or to the person or persons conducting the and cane producers who were estimated congressional official or Member of Congress audit, and full facilities for verifying trans- and may enter into an agreement for such actions with the balances or securities held to receive benefits of about $800 million assignment, if the affected officer or em- by depositories, fiscal agents, and custodians in 1996 and nearly $1 billion in 1998. ployee agrees to such assignment and such shall be afforded to such person or persons. In terms of trade opportunities, the assignment causes no prejudice to the sal- (f) REPORT TO CONGRESS; COPIES FOR PUB- sugar program harms other agricul- ary, benefits, status, or advancement within LIC.—The Council shall provide a report to tural producers by slowing efforts to S11562 CONGRESSIONAL RECORD — SENATE November 7, 2001 open foreign markets for American (1) in paragraph (1), by inserting ‘‘only’’ Transition Act (7 U.S.C. 7272), plus inter- farm products. As long as the United after ‘‘this section’’; and est.’’. States uses restrictive sugar import (2) by striking paragraph (2) and inserting f quotas to stiffle trade, these counties the following: ‘‘(2) NATIONAL LOAN RATES.—Recourse AMENDMENTS SUBMITTED AND have a ready excuse not to drop their loans under this section shall be made avail- PROPOSED own trade barriers. able at all locations nationally at the rates SA 2109. Ms. LANDRIEU (for herself and The Sugar Program Reform Act, specified in this section, without adjustment Mr. DEWINE) proposed an amendment to the which I am pleased to introduce with to provide regional differentials.’’. bill H.R. 2944, making appropriations for the (c) CONVERSION TO PRIVATE SECTOR FINANC- Senate MCCAIN, will finally bring government of the District of Columbia and major change to the sugar program. It ING.—Section 156 of the Agricultural Market Transition Act (7 U.S.C. 7272) is amended— other activities chargeable in whole or in will accomplish that goal by: reducing (1) by redesignating subsection (i) as sub- part against the revenues of said District for support prices and ending them after section (j); the fiscal year ending September 30, 2002, and 2004; requiring that loans be repaid (2) by inserting after subsection (h) the fol- for other purposes. ending sugar processors’ ability to turn lowing: SA 2110. Mrs. HUTCHISON (for herself and over surplus sugar to the government ‘‘(i) CONVERSION TO PRIVATE SECTOR FI- Mr. SESSIONS) proposed an amendment to the NANCING.—Notwithstanding any other provi- bill H.R. 2944, supra. instead of repaying the amounts they SA 2111. Mr. DURBIN (for himself and Mrs. have borrowed; and assuring adequate sion of law— ‘‘(1) no processor of any of the 2005 or sub- BOXER) proposed an amendment to the bill supplies, requiring that import quotas sequent crops of sugarcane or sugar beets H.R. 2944, supra. be administered to maintain prices at shall be eligible for a loan under this section SA 2112. Mr. DORGAN proposed an amend- no more than the price support level with respect to the crops; and ment to the bill H.R. 2944, supra. established by Congress. ‘‘(2) the Secretary may not make price sup- SA 2113. Ms. LANDRIEU (for herself and When the Senate considers legisla- port available, whether in the form of loans, Mr. DEWINE) proposed an amendment to the tion to reauthorize farm programs, I payments, purchases, or other operations, bill H.R. 2944, supra. look forward to a spirited debate on for any of the 2005 and subsequent crops of f sugar beets and sugarcane by using the funds the necessity of reforming policies that of the Commodity Credit Corporation or TEXT OF AMENDMENTS have not served the best interests of other funds available to the Secretary.’’; and SA 2109. Ms. LANDRIEU (for herself, taxpayers or the agricultural commu- (3) in subsection (j) (as redesignated by and Mr. DEWINE) proposed an amend- nity at large. paragraph (1))— ment to the bill H.R. 2944, making ap- I ask unanimous consent that the (A) by striking ‘‘subsection (f)’’ and insert- propriations for the government of the text of the bill be printed in the ing ‘‘subsections (f) and (i)’’; and District of Columbia and other activi- RECORD. (B) by striking ‘‘2002’’ and inserting ‘‘2004’’. ties chargeable in whole or in part There being no objection, the bill was (d) TERMINATION OF MARKETING QUOTAS AND ALLOTMENTS.— against the revenues of said District ordered to be printed in the RECORD, as (1) TERMINATION.—Part VII of subtitle B of for the fiscal year ending September 30, follows: title III of the Agricultural Adjustment Act 2002, and for other purposes; as follows: S. 1652 of 1938 (7 U.S.C. 1359aa et seq.) is repealed. On page 6, line 25, insert the following Be it enacted by the Senate and House of Rep- (2) CONFORMING AMENDMENT.—Section after ‘‘inserting ‘‘1,100’’.’’: resentatives of the United States of America in 344(f)(2) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1344(f)(2)) is amended by Section 16(d) of the Victims of Violent Congress assembled, Crime Compensation Act of 1996 (sec. 4– SECTION 1. SHORT TITLE. striking ‘‘sugar cane for sugar, sugar beets for sugar,’’. 515(d), D.C. Official Code), as amended by This Act may be cited as the ‘‘Sugar Pro- section 403 of the Miscellaneous Appropria- gram Reform Act’’. (e) OTHER CONFORMING AMENDMENTS.— (1) PRICE SUPPORT FOR NONBASIC AGRICUL- tions Act, 2001 (as enacted into law by sec- SEC. 2. RECOURSE LOANS FOR PROCESSORS OF TURAL COMMODITIES.— tion 1(a)(4) of the Consolidated Appropria- SUGARCANE AND SUGAR BEETS AND tions Act, 2001), is amended— REDUCTION IN LOAN RATES. (A) DESIGNATED NONBASIC AGRICULTURAL COMMODITIES.—Section 201(a) of the Agricul- (1) by striking ‘‘in excess of $250,000’’; and (a) GRADUAL REDUCTION IN LOAN RATES.— (2) by striking ‘‘and approved by’’ and all (1) SUGARCANE PROCESSOR LOANS.—Section tural Act of 1949 (7 U.S.C. 1446(a)) is amended by striking ‘‘milk, sugar beets, and sugar- that follows and inserting a period. 156(a) of the Agricultural Market Transition (b) The amendments made by subsection Act (7 U.S.C. 7272(a)) is amended by striking cane’’ and inserting ‘‘and milk’’. (B) OTHER NONBASIC AGRICULTURAL COM- (a) shall take effect as if included in the en- ‘‘equal to 18 cents per pound for raw cane actment of section 403 of the Miscellaneous sugar.’’ and inserting the following: ‘‘, per MODITIES.—Section 301 of the Agricultural Act of 1949 (7 U.S.C. 1447) is amended by in- Appropriations Act, 2001. pound for raw cane sugar, equal to the fol- On page 12, line 7, after ‘‘Agency,’’ insert lowing: serting ‘‘(other than sugarcane and sugar beets)’’ after ‘‘title II’’. the following: ‘‘the Governor of the State of ‘‘(1) In the case of raw cane sugar processed (2) POWERS OF COMMODITY CREDIT CORPORA- Maryland and the Governor of the Common- from the 1996 through 2000 crops, $0.18. TION.—Section 5(a) of the Commodity Credit wealth of Virginia, the county executives of ‘‘(2) In the case of raw cane sugar processed Corporation Charter Act (15 U.S.C. 714c(a)) is contiguous counties of the region’’. from the 2001 crop, $0.17. amended by inserting ‘‘(except for the 2005 Page 12, line 7, after ‘‘and’’ and before ‘‘(3) In the case of raw cane sugar processed and subsequent crops of sugarcane and sugar ‘‘state’’ insert the following: ‘‘the respec- from the 2002 crop, $0.16. beets)’’ after ‘‘agricultural commodities’’. tive’’. ‘‘(4) In the case of raw cane sugar processed (3) SECTION 32 ACTIVITIES.—Section 32 of the Page 12, line 8, after ‘‘emergency’’ and be- from the 2003 crop, $0.15. Act of August 24, 1935 (7 U.S.C. 612c), is fore ‘‘plan’’ insert: ‘‘operations’’. ‘‘(5) In the case of raw cane sugar processed amended in the second sentence of the first Page 13, line 14, strike ‘‘$500,000’’ and in- from the 2004 crop, $0.14.’’. paragraph by inserting ‘‘(other than sugar- sert: ‘‘$250,000’’. (2) SUGAR BEET PROCESSOR LOANS.—Section cane and sugar beets)’’ after ‘‘commodity’’ Page 13, line 15, strike ‘‘McKinley Tech- 156(b) of the Agricultural Market Transition the last place it appears. nical High School’’ and insert the following: Act (7 U.S.C. 7272(b)) is amended by striking (f) ASSURANCE OF ADEQUATE SUPPLIES OF ‘‘Southeastern University’’. ‘‘equal to 22.9 cents per pound for refined SUGAR.—Section 902 of the Food Security Page 13, line 16, strike ‘‘Southeastern Uni- beet sugar.’’ and inserting the following: ‘‘, Act of 1985 (7 U.S.C. 1446g note; Public Law versity’’ and insert the following: ‘‘McKinley per pound of refined beet sugar, that 99–198) is amended by striking subsection (a) Technical High School.’’. reflects— and inserting the following: Page 13, line 14, insert after ‘‘students;’’: ‘‘(1) an amount that bears the same rela- ‘‘(a) IN GENERAL.—Beginning with the ‘‘$250,000 for Lightspan, Inc. to implement tion to the loan rate in effect under sub- quota year for sugar imports that begins the eduTest.com program in the District of section (a) for a crop as the weighted average after the 2000/2001 quota year, the President Columbia Public Schools;’’. of producer returns for sugar beets bears to shall use all authorities available to the Page 16, line 3, strike ‘‘U.S. Soccer Foun- the weighted average of producer returns for President as may be necessary to enable the dation, to be used’’ and insert: ‘‘Washington, sugarcane, expressed on a cents per pound Secretary of Agriculture to ensure that ade- D.C. Sports and Entertainment Commission basis for refined beet sugar and raw cane quate supplies of raw cane sugar are made which in coordination with the U.S. Soccer sugar, for the most recent 5-year period for available to the United States market at Foundation, shall use the funds’’. which data are available; and prices that are not greater than the higher Page 17, line 18, insert after ‘‘families’’ the ‘‘(2) an amount that covers sugar beet of— following: ‘‘and children without parents, processor fixed marketing expenses.’’. ‘‘(1) the world sugar price (adjusted to a de- due to the September 11, 2001 terrorist at- (b) CONVERSION TO RECOURSE LOANS.—Sec- livered basis); or tacks on the District of Columbia,’’. tion 156(e) of the Agricultural Market Tran- ‘‘(2) the raw cane sugar loan rate in effect Page 18, line 8, after ‘‘Provided,’’ and before sition Act (7 U.S.C. 7272(e)) is amended— under section 156 of the Agricultural Market ‘‘That’’ insert the following: ‘‘That funds November 7, 2001 CONGRESSIONAL RECORD — SENATE S11563 made available in such Act for the Wash- shall apply in lieu of the rates and limits set ments of this subparagraph are not nec- ington Interfaith Network (114 Stat. 2444) forth in the preceding subsection to both the essary. shall remain available for the purposes in- attorney who represents the prevailing party ‘‘(B) INFORMATION REQUIRED.—The informa- tended until December 31, 2001: Provided,’’. and the attorney who defends the action. tion specified in this subparagraph is as fol- Page 34, line 4, District of Columbia (c) Notwithstanding 20 U.S.C. § 1415, 42 lows: Funds—Public Works, insert after ‘‘avail- U.S.C. § 1988, 29 U.S.C. § 794a, or any other ‘‘(i) The port of arrival or departure, able’’: ‘‘Provided, That $1,550,000 made avail- law, none of the funds appropriated under whichever is applicable. able under the District of Columbia Appro- this Act, or in appropriations acts for subse- ‘‘(ii) The carrier code, prefix code, or, both. priations Act, 2001 (Public Law 106–522) for quent fiscal years, may be made available to ‘‘(iii) The flight or trip number. taxicab driver security enhancements in the pay attorneys’ fees accrued prior to the ef- ‘‘(iv) The date of scheduled arrival or date District of Columbia shall remain available fective date of this Act that exceeds a cap of scheduled departure, whichever is applica- until September 30, 2002.’’. imposed on attorneys’ fees by prior appro- ble. Page 37, line 4, insert the following after priations acts that were in effect during the ‘‘(v) The request for permit to proceed to ‘‘service’’: ‘‘Notwithstanding any other pro- fiscal year when the work was performed, or the destination, if applicable. vision of law, the District of Columbia is when payment was requested for work pre- ‘‘(vi) The numbers and quantities from the hereby authorized to make any necessary viously performed, in an action brought master and house air waybill or bills of lad- payments related to the ‘‘District of Colum- against the District of Columbia Public ing. bia Emergency Assistance Act of 2001’’: Pro- Schools under the Individuals With Disabil- ‘‘(vii) The first port of lading of the cargo. vided, That the District of Columbia shall ities Act (20 U.S.C. § 1400 et seq.). ‘‘(viii) A description and weight of the use local funds for any payments under this cargo. heading: Provided further, That the Chief Fi- SA 2111. Mr. DURBIN (for himself ‘‘(ix) The shippers name and address from nancial Officer shall certify the availability and Mrs. BOXER) proposed an amend- all air waybills or bills of lading. of such funds, and shall certify that such ment to the bill H.R. 2944, making ap- ‘‘(x) The consignee name and address from funds are not required to address budget all air waybills or bills of lading. propriations for the government of the ‘‘(xi) Notice that actual boarded quantities shortfalls in the District of Columbia.’’. District of Columbia and other activi- Page 63, line 8, after ‘‘expended.’’ insert the are not equal to air waybill or bills of lading following new subsection: ties chargeable in whole or in part quantities. ‘‘(C) AVAILABILITY OF FY 2001 BUDGET RE- against the revenues of said District ‘‘(xii) Transfer or transit information. SERVE FUNDS.—For fiscal year 2001, any for the fiscal year ending September 30, ‘‘(xiii) Warehouse or other location of the amount in the budget reserve shall remain 2002, and for other purposes; as follows: cargo. ‘‘(xiv) Such other information as the Sec- available until expended.’’. At the appropriate place insert the fol- Page 68, line 6, insert the following as a retary, by regulation, determines is reason- lowing: ably necessary to ensure aviation transpor- new General Provision: SEC. . The limitation on attorneys fees SEC. 137. To waive the period of Congres- tation safety pursuant to the laws enforced paid by the District of Columbia for actions or administered by the Customs Service. sional review of the Closing of Portions of brought under I.D.E.A. (20 U.S.C. 1400 et seq.) ‘‘(3) AVAILABILITY OF INFORMATION.—Infor- 2nd and N Streets, N.E. and Alley System in (Sec. 138) shall not apply if the plaintiff’s a Square 710, S.O. 00–97, Act of 2001. Notwith- mation provided under paragraph (2) may be child who is shared with other departments and agencies standing section 602(c)(1) of the District of (a) from a family with an annual income of Columbia Home Rule Act (sec. 1–233(c)(1), of the Federal Government, including the less than $17,600; or Department of Transportation and the law D.C. Code), the Closing of Portions of 2nd (b) from a family where one of the parents enforcement agencies of the Federal Govern- and N Streets, N.E. and Alley System in is a disabled veteran; or ment, for purposes of protecting the national Square 710, S.O. 00–97, Act of 2001 (D.C. Act (c) where the child has been adjudicated as security of the United States.’’. 14–106) shall take effect on the date of the en- neglected or abused. (2) CONFORMING AMENDMENTS.—Subpara- actment of such Act or the date of the enact- graphs (A) and (C) of section 431(d)(1) of such ment of this Act, whichever is later. SA 2111. Mr. DORGAN proposed an Act are each amended by inserting before the amendment to the bill H.R. 2944, mak- semicolon ‘‘or subsection (b)(2)’’. Mrs. HUTCHISON (for herself and SA 2110. ing appropriations for the government (b) PASSENGER INFORMATION.—Part II of Mr. SESSIONS) proposed an amendment to the title IV of the Tariff Act of 1930 is amended bill H.R. 2944, making appropriations for the of the District of Columbia and other activities chargeable in whole or in by inserting after section 431 the following government of the District of Columbia and new section: part against the revenues of said Dis- other activities chargeable in whole or in ‘‘SEC. 432. PASSENGER AND CREW MANIFEST IN- part against the revenues of said District for trict for the fiscal year ending Sep- FORMATION REQUIRED FOR AIR the fiscal year ending September 30, 2002, and tember 30, 2002, and for other purposes; CARRIERS. for other purposes; as follows: as follows: ‘‘(a) IN GENERAL.—For every person arriv- Under ‘‘General Provisions’’ insert the fol- On page 68, between lines 4 and 5, insert ing or departing on an air carrier required to make entry or obtain clearance under the lowing new section: the following: customs laws of the United States, the pilot, SEC. . (a) None of the funds contained in SEC. 137. MANDATORY ADVANCED ELECTRONIC this Act may be made available to pay the the master, operator, or owner of such car- INFORMATION FOR AIR CARGO AND rier (or the authorized agent of such owner fees of an attorney who represents a party PASSENGERS ENTERING THE who prevails in an action or any attorney UNITED STATES. or operator) shall provide, by electronic transmission, manifest information specified who defends any action, including an admin- (a) AIR CARGO INFORMATION.— in subsection (b) in advance of such entry or istrative proceeding, brought against the (1) IN GENERAL.—Section 431(b) of the Tar- clearance in such manner, time, and form as District of Columbia Public Schools under iff Act of 1930 (19 U.S.C. 1431(b)) is amended— the Secretary shall prescribe. the Individuals with Disabilities Education (A) by striking ‘‘(b) PRODUCTION OF MANI- ‘‘(b) INFORMATION.—The information speci- Act (20 U.S.C. 1400 et seq.) If— FEST.—Any manifest’’ and inserting the fol- fied in this subsection with respect to a per- (1) the hourly rate of compensation of the lowing: son is— attorney exceeds 300 percent of the max- ‘‘(b) PRODUCTION OF MANIFEST.— ‘‘(1) full name; imum amount of compensation under section ‘‘(1) IN GENERAL.—Any manifest’’; ‘‘(2) date of birth and citizenship; 11–2604(b)(1), District of Columbia Code; or (B) by indenting the margin of paragraph ‘‘(3) sex; (2) the maximum amount of compensation (1), as so designated, two ems; and ‘‘(4) passport number and country of of the attorney exceeds 300 percent of the (C) by adding at the end the following new issuance; maximum amount of compensation under paragraph: ‘‘(5) United States visa number or resident section 11–2604(b)(1), District of Columbia ‘‘(2) ADDITIONAL INFORMATION.— alien card number, as applicable; Code, except that compensation and reim- ‘‘(A) IN GENERAL.—In addition to any other ‘‘(6) passenger name record; and bursement in excess of such maximum may requirement under this section, every air ‘‘(7) such other information as the Sec- be approved for extended or complex rep- carrier required to make entry or obtain retary, by regulation, determines is reason- resentation in accordance with section 11– clearance under the customs laws of the ably necessary to ensure aviation transpor- 2604(c), District of Columbia Code; and United States, the pilot, the master, oper- tation safety pursuant to the laws enforced (3) in no case may the compensation limits ator, or owner of such carrier (or the author- or administered by the Customs Service. in paragraphs (1) and (2) exceed $3,000. ized agent of such owner or operator) shall ‘‘(c) AVAILABILITY OF INFORMATION.—Infor- (b) Notwithstanding the preceding sub- provide by electronic transmission cargo mation provided under this section may be section, if the Mayor and the Superintendent manifest information specified in subpara- shared with other departments and agencies of the District of Columbia Public Schools graph (B) in advance of such entry or clear- of the Federal Government, including the concur in a Memorandum of Understanding ance in such manner, time, and form as the Department of Transportation and the law setting forth a new rate and amount of com- Secretary shall prescribe. The Secretary enforcement agencies of the Federal Govern- pensation, or a new limit referred to in sub- may exclude any class of air carrier for ment, for purposes of protecting the national section (a)(3), then such new rates or limits which the Secretary concludes the require- security of the United States.’’. S11564 CONGRESSIONAL RECORD — SENATE November 7, 2001 (c) DEFINITION.—Section 401 of the Tariff can Development Bank for a term of SUBCOMMITTEE ON INTERNATIONAL SECURITY, Act of 1930 (19 U.S.C. 1401) is amended by add- five years; Jose Fourquet, of New Jer- PROLIFERATION AND FEDERAL SERVICES ing at the end the following new subsection: sey, to be United States Executive Di- Mrs. MURRAY. Mr. President, I ask ‘‘(t) AIR CARRIER.—The term ‘air carrier’ rector of the Inter-American Develop- unanimous consent that the Com- means an air carrier transporting goods or passengers for payment or other consider- ment Bank for a term of three years; mittee on Governmental Affairs’ Sub- ation, including money or services ren- and Jorge Arrizurieta, of Florida, to be committee on International Security, dered.’’. United States Alternate Executive Di- Proliferation and Federal Services be (d) EFFECTIVE DATE.—The amendments rector of the Inter-American Develop- authorized to meet on Wednesday, No- made by this section shall take effect 45 days ment Bank. vember 7, 2001, at 2:30 p.m., to hold a after the date of enactment of this Act. The PRESIDING OFFICER. Without hearing entitled ‘‘Current and Future SA 2113. Ms. LANDRIEU (for herself objection, it is so ordered. Weapons of Mass Destruction Prolifera- and Mr. DEWINE) proposed an amend- COMMITTEE ON THE JUDICIARY tion Threats.’’ ment to the bill H.R. 2944, making ap- Mrs. MURRAY. Mr. President: I ask The PRESIDING OFFICER. Without propriations for the government of the unanimous consent that the Com- objection, it is so ordered. District of Columbia and other activi- mittee on the Judiciary be authorized ties chargeable in whole or in part to meet to conduct a hearing on f against the revenues of said District Wednesday, November 7, 2001, at 10 for the fiscal year ending September 30, a.m., in Dirksen room 226, to consider USE OF CONTROLLED SUB- 2002, and for other purposes; as follows: the nominations of Joe L. Heaton, to STANCES FOR PHYSICIAN AS- On page 68, after line 4, insert: be United States District Judge for the SISTED SUICIDE SEC. . The GAO, in consultation with the Western District of Oklahoma, Clay D. Mr. NICKLES. Madam President, in a relevant agencies and members of the Com- Land, to be United States District mittee on Appropriations Subcommittee on memorandum issued yesterday to Drug Judge for the Middle District of Geor- DC Appropriations shall submit by January Enforcement Administration chief Asa 2, 2002 a report to the Committees on Appro- gia, Frederick J. Martone, to be United Hutchinson, Attorney General Ashcroft priations of the House and the Senate and States District Judge for the District overturned a 1998 decision by Attorney the Committee on Governmental Affairs of of Arizona, Danny C. Reeves, to be General Janet Reno that allowed for the Senate and the Committee on Govern- United States District Judge for the ment Reform of the House of Representa- the use of controlled substances for Eastern District of Kentucky, Julie A. physician assisted suicide. tives detailing the awards in judgment ren- Robinson, to be United States District dered in the District of Columbia that were Judge for the District of Kansas, and Until June 5, 1998, everyone under- in excess of the cap imposed by prior appro- James Edward Rogan, of California, to stood that assisted suicide was not a priations acts in effect during the fiscal year ‘‘legitimate medical purpose.’’ On that when the work was performed, or when pay- be Under Secretary of Commerce for Intellectual Property and Director of date, Attorney General Janet Reno ment was requested for work previously per- issued a letter carving out an exception formed, in actions brought against the Dis- the United States Patent and Trade- trict of Columbia Public Schools under the mark Office. for Oregon to use Federally-controlled substances for assisted suicide, a deci- Individuals with Disabilities Act (20 U.S.C. Witnesses will include Senators DON § 1400 et. seq.). Provided further, that such sion that overturned an earlier deter- NICKLES, MITCH MCCONNELL, JAMES report shall include a comparison of the mination by the Drug Enforcement Ad- INHOFE, JON KYL, SAM BROWNBACK, PAT cause of actions and judgments rendered ministration and which was in direct ROBERTS, MAX CLELAND, JIM BUNNING, against public school districts of comparable conflict with 29 years of practice under and ZELL MILLER. demographics and population as the District. the Controlled Substances Act. The PRESIDING OFFICER. Without f Attorney General Ashcroft wrote objection, it is so ordered. AUTHORITY FOR COMMITTEES TO that assisting in a suicide is not a ‘‘le- MEET SELECT COMMITTEE ON INTELLIGENCE gitimate medical purpose’’ under fed- Mrs. MURRAY. Mr. President, I ask eral law and determined that pre- COMMITTEE ON AGRICULTURE, NUTRITION, AND unanimous consent that the Select FORESTRY scribing, dispensing, or administering Mrs. MURRAY. Mr. President, I ask Committee on Intelligence be author- federally controlled substances to as- unanimous consent that the Com- ized to hold a closed hearing on intel- sist suicide violates the Controlled mittee on Agriculture, Nutrition, and ligence matters on Wednesday, Novem- Substances Act, regardless of whether Forestry be authorized to meet during ber 7, 2001, at 3:30 p.m. State law authorizes or permits such the session of the Senate on Wednes- The PRESIDING OFFICER. Without conduct by practitioners. day, November 7, 2001. The purpose of objection, it is so ordered. This important decision restores the this hearing will be to continue mark- SUBCOMMITTEE ON ANTITRUST, BUSINESS uniform national standard that feder- up on the next Federal farm bill. RIGHTS AND COMPETITION ally-controlled substances can not be The PRESIDING OFFICER. Without Mrs. MURRAY. Mr. President, I ask used for the purpose of assisted suicide objection, it is so ordered. unanimous consent that the Com- by applying the law to all 50 states. COMMITTEE ON FOREIGN RELATIONS mittee on the Judiciary Subcommittee Federal law is clearly intended to Mrs. MURRAY. Mr. President, I ask on Antitrust, Business Rights and prevent use of these drugs for lethal unanimous consent that the Com- Competition be authorized to meet to overdoses, and contains no exception mittee on Foreign Relations be author- conduct a hearing on Wednesday, No- for deliberate overdoses approved by a ized to meet during the session of the vember 7, 2001, at 2 p.m., in Dirksen 226. physician. The Controlled Substances Senate on Wednesday, November 7, Tentative witness list for ‘‘Inter- Act requires that these substances can 2001, at 2 p.m., to hold a nomination national Aviation Alliances: Market only be used for a ‘‘legitimate medical hearing. Turmoil and the Future of Airline purpose’’ in the interest of ‘‘public Agenda Competition’’: Donald Carty, President health and safety’’. Assisted suicide and Chief Executive Officer, American can neither be counted as a ‘‘legitimate Nominees Airlines; Leo Mullen, Chief Executive medical purpose’’ or in the interest of Panel 1: John Marshall, of Virginia, Officer, Delta Airlines; Richard Ander- ‘‘public health and safety.’’ to be an Assistant Administrator (Man- son, Chief Executive Officer, Northwest I have personally been a long, strong agement) of the United States Agency Airlines; Richard Branson, Chief Exec- advocate of States’ rights and the lim- for International Development and utive Officer, Virgin Atlantic Airlines; ited role of the Federal Government. Constance Newman, of Illinois, to be an Roger Maynard, Director of Alliances This decision neither overturns or pre- Assistant Administrator (for Africa) of and Strategy, British Airways; and empts any State legislation related to the United States Agency for Inter- Larry Kellner, President, Continental suicide. Instead, it clarifies that the national Development. Airlines. dispensing of controlled substances for Panel 2: Cynthia Perry, of Texas, to The PRESIDING OFFICER. Without the purpose of assisted suicide is pro- be United States Director of the Afri- objection, it is so ordered. hibited under longstanding federal law. November 7, 2001 CONGRESSIONAL RECORD — SENATE S11565 Because of Attorney General Reno’s we have Federal laws against cocaine— Senate then proceed to Calendar No. letter, for three years the federal gov- some States could say, we are going to 188, H.R. 2883, the House companion; ernment has been complicite in allow- legalize cocaine. But they cannot do that all after the enacting clause be ing the use of Federally controlled sub- that. Individual States cannot over- stricken, and the text of S. 1428, as stances for the specific purpose of caus- turn Federal statutes. That is exactly amended, if amended, be inserted in ing death—in my opinion, in violation what the State of Oregon tried to do. lieu thereof, the bill be read a third of Federal law. There is no role for the They were mistaken in their legisla- time and passed, the motion to recon- Federal Government in providing as- tive approach through the referendum. sider be laid upon the table; that the sisted suicide. I compliment Attorney Some people say this is denying the Senate insist on its amendment and re- General Ashcroft’s decision to return people of Oregon their right to vote. quest a conference with the House on to the correct and only reasonable in- That is not correct. The people of Or- the disagreeing votes of the two terpretation of the Controlled Sub- egon can vote all they want. They just Houses, and the Chair be authorized to stances Act. Federally controlled sub- cannot change public law by a public appoint conferees on the part of the stances should be used for a ‘‘legiti- referendum. That is what they tried to Senate, with this action occurring with mate medical purpose’’ and not for as- do. no further intervening action or de- sisted suicide. So again I compliment Attorney Gen- bate. In my opinion, this is very good news eral John Ashcroft for his decision and The PRESIDING OFFICER. Without for patients and health care providers for his memorandum to Asa Hutch- objection, it is so ordered. in all 50 States. Yesterday’s decision inson, who is the Drug Enforcement f encourages doctors to aggressively use Administration chief. I think both are Federally-controlled drugs to treat doing an outstanding job, and I think MEASURE PLACED ON THE pain while making sure that one State the decision is good news for patients CALENDAR—S. 1428 cannot overturn Federal law. This because now these drugs can be used to Mr. REID. Madam President, I ask move by Attorney General Ashcroft alleviate pain. unanimous consent that S. 1428 be re- was absolutely the right thing to do I still hope we will pass legislation to turned to the calendar. and I applaud him for it. encourage the use of these very strong The PRESIDING OFFICER. Without A couple of other editorial com- drugs to alleviate pain. We have thou- objection, it is so ordered. ments: I heard someone say, Well, wait sands of citizens all across this country a minute; this directly overturns Or- who are suffering greatly, and they f egon law. It does not. Conversely, the should be allowed and encouraged to State of Oregon cannot overturn Fed- use these very strong drugs to alleviate ORDERS FOR THURSDAY, eral law, and that is what the State of the pain. If that is the purpose, that is NOVEMBER 8, 2001 Oregon tried to do. fine. If the purpose is to cause their Mr. REID. Madam President, I ask Federal law has been in effect for 29 death by suicide, assisted by a doctor unanimous consent that when the Sen- years. The Controlled Substances Act or not, that is not right. That is not al- ate completes its business today, it ad- goes way back, and it said the Federal lowed under this statute. This statute journ until the hour of 10 a.m. on Government regulates the use of these cannot allow these very strong drugs Thursday, November 8; that following very strong and in some cases deadly to be used to alleviate pain. the prayer and the pledge, the Journal drugs. The Federal law states it can We should encourage that. Senator of proceedings be approved to date, the only be used for a legitimate medical LIEBERMAN and I have introduced legis- morning hour be deemed expired, the purpose. lation to that end, and I hope and ex- time for the two leaders be reserved for The State of Oregon tried to pass by pect we can get that passed in the not- their use later in the day, and that the referendum a law that says these drugs too-distant future. Senate begin consideration of the in- can be used for assisted suicide. The I yield the floor. telligence authorization bill. Drug Enforcement Administration said I suggest the absence of a quorum. The PRESIDING OFFICER. Without they cannot be used for assisted sui- The PRESIDING OFFICER. The objection, it is so ordered. cide. clerk will call the roll. f Attorney General Reno made a seri- The assistant legislative clerk pro- ous mistake 3 years ago when she said ceeded to call the roll. ADJOURNMENT UNTIL 10 A.M. it was okay. She was wrong. She was Mr. REID. Madam President, I ask TOMORROW overturning basically and not inter- unanimous consent that the order for Mr. REID. Madam President, if there preting the law correctly, not agreeing the quorum call be rescinded. is no further business to come before with the Drug Enforcement Agency The PRESIDING OFFICER. Without the Senate, I ask unanimous consent that said they never could be used. objection, it is so ordered. that the Senate stand in adjournment They reviewed it extensively. I think f under the previous order. she made a serious mistake, and as a UNANIMOUS CONSENT There being no objection, the Senate, result some physicians in Oregon were AGREEMENT—S. 1428 at 5:51 p.m., adjourned until Thursday, using federally controlled drugs to as- November 8, 2001 at 10 a.m. sist in death. Mr. REID. Madam President, I ask Attorney General Ashcroft has over- unanimous consent that at 10 a.m. on f turned her letter. Her letter, in my Thursday, November 8, the Senate pro- NOMINATIONS opinion, was in direct contradiction of ceed to the consideration of Calendar law. It was very explicit. These drugs No. 214, S. 1428, the intelligence author- Executive nominations received by can only be used for a legitimate med- ization bill; that other than com- the Senate November 7, 2001: ical purpose, and assisted suicide was mittee-reported amendments, all DEPARTMENT OF THE INTERIOR never considered a legitimate medical amendments be limited to relevant REBECCA W. WATSON, OF MONTANA, TO BE AN ASSIST- purpose. amendments, and any second-degree ANT SECRETARY OF THE INTERIOR, VICE SYLVIA V. Attorney General Ashcroft has now amendments be relevant to the amend- BACA, RESIGNED. corrected that. Somebody says he has ment to which it was offered with the DEPARTMENT OF STATE overturned Oregon law. No. What he exception of the Smith of New Hamp- JOHN V. HANFORD III, OF VIRGINIA, TO BE AMBAS- SADOR AT LARGE FOR INTERNATIONAL RELIGIOUS did was interpret the Federal statute shire amendment relating to immigra- FREEDOM, VICE ROBERT A. SEIPLE. exactly as it was written, exactly as it tion deportation, and a Leahy or des- FEDERAL HOUSING FINANCE BOARD ignee amendment on the same subject has been interpreted for the last 30 FRANZ S. LEICHTER, OF NEW YORK, TO BE A DIRECTOR years, and overturned Attorney Gen- as the Smith amendment; that rel- OF THE FEDERAL HOUSING FINANCE BOARD FOR A TERM evant second-degree amendments be in EXPIRING FEBRUARY 27, 2006, VICE DANIEL F. EVANS, JR., eral Janet Reno’s mistaken interpreta- TERM EXPIRED. tion of law. order to these two amendments; that ALLAN I. MENDELOWITZ, OF CONNECTICUT, TO BE A DI- The fact is, neither Oregon nor Okla- upon the disposition of all amendments RECTOR OF THE FEDERAL HOUSING FINANCE BOARD FOR A TERM EXPIRING FEBRUARY 27, 2007, VICE BRUCE A. homa can overrule Federal law. If so— the bill be read a third time, and the MORRISON, TERM EXPIRED. S11566 CONGRESSIONAL RECORD — SENATE November 7, 2001 NATIONAL LABOR RELATIONS BOARD WITHDRAWAL Senate consideration the following DENNIS P. WALSH, OF MARYLAND, TO BE A MEMBER OF nomination: THE NATIONAL LABOR RELATIONS BOARD FOR THE Executive message transmitted by TERM OF FIVE YEARS EXPIRING DECEMBER 16, 2004, VICE the President to the Senate on Novem- W. MICHAEL COX, OF GEORGIA, TO BE AN ASSISTANT SARAH MCCRACKEN FOX, RESIGNED. SECRETARY OF LABOR, WHICH WAS SENT TO THE SEN- ber 7, 2001, withdrawing from further ATE ON OCTOBER 18, 2001. November 7, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2023 EXTENSIONS OF REMARKS

TRIBUTE TO LOURDES M. fessionalism, she was granted the honor of PETER B. MARSHALL, 2001 DENNISON being named a lifetime member of the Phil- WACHUSETT CHAMBER OF COM- ippine Professionals Association. Her success MERCE ‘‘PERSON OF THE YEAR’’ HON. PETER J. VISCLOSKY is to be applauded. OF INDIANA Mr. Speaker, I ask that you and my other HON. JAMES P. McGOVERN IN THE HOUSE OF REPRESENTATIVES distinguished colleagues join me in congratu- OF MASSACHUSETTS Wednesday, November 7, 2001 lating Lourdes M. Dennison for receiving the IN THE HOUSE OF REPRESENTATIVES 2001 Crystal Globe Award from the Asian- Wednesday, November 7, 2001 Mr. VISCLOSKY. Mr. Speaker, it is my dis- American Medical Society. Her service and tinct pleasure to announce that the Asian- dedication inspire us all to greater deeds. Mr. MCGOVERN. Mr. Speaker, I rise to American Medical Society will be hosting the honor Peter B. Marshall of West Boylston, 25th Annual Asian-American Medical Society f Massachusetts, an outstanding citizen of the Gala on Saturday, November 10, 2001, at Av- 3rd Congressional District. Mr. Marshall was alon Manor in Hobart, Indiana. Each year, this 100TH ANNIVERSARY OF THE selected the 2001 ‘‘Person of the Year’’ by the society honors prominent, extraordinary resi- MCKINLEY BAPTIST CHURCH, Wachusett Chamber of Commerce. He was dents of Northwest Indiana for their contribu- WILLOW GROVE, PENNSYLVANIA chosen from three dozen nominees based tions to the community. In recognition of their upon his dedication, hard work, and commit- tremendous efforts for the betterment of North- ment to improving the quality of life for every- west Indiana, they are honored at a banquet HON. JOSEPH M. HOEFFEL one in the Waschusett Chamber area. Mr. and awarded the prestigious Crystal Globe Marshall has contributed and continues to play Award. This Saturday, Lourdes M. Dennison OF PENNSYLVANIA an important role in the community. He served will be presented with the Crystal Globe IN THE HOUSE OF REPRESENTATIVES as President of the Clinton Rotary Club, and Award for her dedication and devotion to her Chairman of the Wachusett Chamber of Com- community. Wednesday, November 7, 2001 merce. Currently, he is Corporator of the Clin- Lourdes M. Dennison exemplifies the sense ton Savings Bank, a member of the Clinton of selflessness that is prevalent among the Mr. HOEFFEL. Mr. Speaker, I rise today in celebration of the one hundredth anniversary Hospital Foundation, and Chairman of the citizens of Indiana’s First Congressional Dis- Clinton High School-Nypro First Partnership. trict. Her dedication to improving the welfare of of the McKinley Baptist Church in Willow Grove, Pennsylvania. The church has had a Those who nominated him describe Mr. Mar- the citizens of Northwest Indiana is evident as shall as a leader who brings out the best in one learns of the various organizations that long commitment to serving the spiritual needs of the community. others and a man of integrity and passion for are enriched by her involvement. As a reg- his family and community. Mr. Marshall has istered nurse, Mrs. Dennison’s abilities focus The McKinley Memorial Baptist Church was been instrumental in the success of the Clin- upon caring for individuals whose lives are af- established in 1901. The founding members of ton High School-Nypro participation in the First fected by an illness or by a disability. Drawing the church named it in honor of the late Presi- Science & Robotics program which has grown upon the knowledge gleaned from this intimate dent William McKinley. The church began as into an international event. Because of his patient/caregiver relationship, Mrs. Dennison a prayer group with the original members be- leadership in this endeavor, the partnership has extended her commitment to others by longing to the Salem Baptist Church in has received many prestigious awards includ- serving on the boards of the Hospice of Cal- Jenkintown, Pennsylvania. The new church ing a national championship in this event. umet Region, the Lake Area United Way, the members met at the home of A.T. Cottom to Mr. Marshall recently retired as Vice Presi- Tradewinds Rehabilitation Center, and the organize a new church, which would be for- dent after 25 years with Nypro, Inc., a world Saint Mary Medical Center Foundation. In ad- mally recognized as a Baptist Church in June, renowned injection molding company based in dition, she served as the past president of the 1902. The church began a new era in 1970 Clinton, Massachusetts. He has been a vital Lake County Medical Auxiliary. under the inspiring leadership of the Reverend part of that company which is ranked in the Mrs. Dennison offers her services and time Lowell M. McCown, Sr. top ten among North American injection mold- to other professional organizations as well. Through the years both the McKinley ing companies with annual sales of over 600 She has been involved with the Women’s As- Church family and the programs offered have million dollars. Mr. Marshall is truly deserving sociation of the Northwest Indiana Symphony grown in Christian brotherhood. The church of recognition for his professional accomplish- Society, with the Endowment Board of North- continues its tradition of developing and spon- ments and community leadership. I would like ern Indiana Arts Association, and with the Indi- soring community outreach programs. These to join his family, friends, and business col- ana Dunes Environmental Learning Center, all include the Youth Scholarship Fund, the Presi- leagues in paying tribute to him for his excep- of which play an essential part in the cultural dent’s Council, the Board of Christian Edu- tional service and offer my very best wishes development of the First Congressional Dis- cation, the Missionary Circle, the Young Adult for the future. trict. Furthermore, in spite of her taxing sched- Ministry, and the Drama Ministry. f ule, Mrs. Dennison received her real estate education from Indiana University, a feat that In 1976, McKinley Memorial Baptist Church HONORING MID VALLEY has allowed her to be an active partner in real created the Willow Grove Senior Citizen Cen- PACKAGING estate developments in both Lake and Porter ter and named Pastor McCown as its execu- counties. While the above mentioned endeav- tive director. The Center serves the needs of HON. GEORGE RADANOVICH ors consume a significant amount of her time, the elderly in the community, providing them with an atmosphere of Christian fellowship. OF CALIFORNIA Mrs. Dennison manages to serve on the IN THE HOUSE OF REPRESENTATIVES Catholic Board of Trustees. The medical, cul- Throughout its history, McKinley Baptist tural, and religious communities of Northwest Church has served the needs of many parish- Wednesday, November 7, 2001 Indiana are all enriched by her active partici- ioners. It has been successful in bringing Mr. RADANOVICH, Mr. Speaker, I rise pation. many people together in Christian brother- today to honor Mid Valley Packaging on the By recognizing the efforts of Mrs. Dennison, hood. As one of the oldest churches in Mont- occasion of their 21st year anniversary. Mid a native Filipino, the Asian-American Medical gomery County, it stands as a pillar of Valley Packaging has been a supplier of qual- Society offers to the Asian-American commu- strength and prosperity in the Willow Grove ity packaging since its inception in 1980. nity a role model whose achievements have community. It is a privilege to recognize Mid Valley Packaging is a distributor of agri- contributed significantly to the betterment of McKinley Memorial Baptist on its one hun- cultural and industrial packaging supplies. Northwest Indiana. As a testament to her pro- dredth anniversary. Their business is a great service in an area

∑ 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 03:12 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A07NO8.000 pfrm02 PsN: E07PT1 E2024 CONGRESSIONAL RECORD — Extensions of Remarks November 7, 2001 where agriculture and agriculture distribution received by the Center are: a ‘‘2001 Youth to dents for their devotion to Christianity. Those supplies are very necessary and important. Youth Award’’ from the San Francisco Foun- being honored include: Clara Guster Nichol- Husband and wife John and Lorrie dation’s Youth Initiative Leadership Program; son, elected in 1971; Mary Glidewell, elected Gahvejian started Mid Valley Packaging in ‘‘2001 Community Impact Award’’ from the in 1980; Mynette Cope, elected in 1987; Max- January of 1980. The Gahvejian’s began as Iron Triangle Neighborhood Council and Com- ine Watts Levels, elected in 1992; Velma the first two employees of Mid Valley Pack- munity Collaborative; ‘‘1999 Coming Up Taller Richardson, elected in 1996; Susie Threatt, aging. Award’’ supported by the President’s Commis- elected in 1999; and current president, Madlyn Today, Mid Valley Packaging employs over sion on the Arts and the Humanities and the C. Adams, elected in 2001. These women 50 people out of their headquarters in Fowler, National Endowment for the Arts, ‘‘1999 Cyril have come together in fellowship to witness to California. Mid Valley Packaging has always Magnin Award for Outstanding Achievement in their faith in Jesus Christ and, enabled by the been located in the quaint city of Fowler, the Arts’’ presented by the Business Arts Holy Spirit, to go out together in every neigh- which is famous for their abundant raisin pro- Council, a project of the San Francisco Cham- borhood as instruments of reconciling love. duction. ber of Commerce; ‘‘Governors Award for Com- Mr. Speaker, I ask you and my other distin- John and Lorrie’s business philosophy has munity Service for 1999’’ from the Board of guished colleagues to join me in congratu- always been to offer customers the highest Governors of the San Francisco Chapter of lating the past presidents of Church Women level of service combined with the most com- the National Academy of Recording Arts and United of Gary, Indiana for their strong com- petitive price. Much of their growth can be at- Sciences (NARAS); and ‘‘1998 Honor Roll mitment to social justice, to human rights, to tributed to their willingness and ability to re- Winner’’ in the category of ‘‘Communities that civil rights and to the welfare and benefit of spond quickly to their customer’s needs. are Safe and Provide a High Quality of Life’’, women and children so that all may flourish. Mid Valley Packaging has been recognized awarded by the Contra Costa Children and by many vendors and customers as a leader Families Policy Forum. f in the packaging industry. In 1997, the Fowler Mr. Speaker, I commend the East Bay Cen- Chamber of Commerce selected Mid Valley ter for the Performing Arts for its commitment HONORING GUIDO J. MARTINELLI, Packaging as the ‘‘Industry of the Year.’’ to excellence and its efforts to ensure that the MONTGOMERY COUNTY, (PENN- Mr. Speaker, I rise to pay tribute to Mid Val- opportunities for a quality education in the arts SYLVANIA) CHAMBER OF COM- ley Packaging on the occasion of their 21st should be available to all persons, regardless MERCE OUTSTANDING CITIZEN year anniversary celebration. I urge my col- of background, age, physical disabiilty, pre- AWARD leagues to join me in honoring Mid Valley vious experience or ability to pay standard Packaging and wishing the Gahvejian family fees. I applaud the Center for its efforts to en- many more years of continued success. gage the arts, which speak to our common hu- HON. JOSEPH M. HOEFFEL f manity, as a vehicle for social reconciliation OF PENNSYLVANIA and social change. EAST BAY CENTER FOR THE PER- IN THE HOUSE OF REPRESENTATIVES FORMING ARTS CELEBRATES f Wednesday, November 7, 2001 33RD ANNIVERSARY CONGRATULATIONS TO CHURCH WOMEN UNITED Mr. HOEFFEL. Mr. Speaker, I rise today to HON. GEORGE MILLER honor Guido J. Martinelli, who has been OF CALIFORNIA HON. PETER J. VISCLOSKY awarded the Montgomery County, (Pennsyl- IN THE HOUSE OF REPRESENTATIVES OF INDIANA vania) Chamber of Commerce ‘‘Outstanding IN THE HOUSE OF REPRESENTATIVES Citizen Award,’’ for his many years of dedi- Wednesday, November 7, 2001 cated service to his community. Wednesday, November 7, 2001 Mr. GEORGE MILLER of California. Mr. Guido was born and raised in Speaker, I rise today to commend the East Mr. VISCLOSKY. Mr. Speaker, it is with Conshohocken, Pennsylvania as the fourth of Bay Center for the Performing Arts on the oc- great pleasure and high regard that I con- five children of Italian immigrants. After grad- casion of its 33rd Anniversary. Each year, gratulate a very special group of women within uating from Norristown High School in 1955, East Bay Center programs benefit more than Indiana’s First Congressional District. On Fri- he took a position with the Montgomery-Nor- 25,000 members of the ethnically diverse, low- day, November 9, 2001, the members of ristown Penn Trust which was the forerunner income, inner-city communities in and around Church Women United of Gary, Indiana will be of the PNC bank. He quickly ascended Richmond, California. Since its founding in holding their Recognition Dinner at Turkey through the ranks of the bookkeeping depart- 1968, East Bay Center has directly touched Creek Banquet Facilities in Merrillville, Indiana. ments, advancing all the way to assistant the lives of over 700,000 people. Its Art and Church Women United is a national ecu- branch manager and then was granted the Public Education Outreach Program reaches menical movement of Christian women whose first corporate title of assistant secretary. an average of 2,500 students per week in 24 life centers around prayer, Bible study, advo- Guido received numerous promotions culmi- schools in two school districts. Center faculty, cacy and action. Founded in 1951, Church nating with the rank of branch manager of the staff and board members reflect the commu- Women United is organized in over 1,400 Continental Bank, in Norristown. He retired nity they serve in terms of ethnicity, economic local and state units in the United States and from PNC Bank in 1998 after forty-three years’ background and family structure. Together, the Puerto Rico. service. But his retirement did not last long as staff and faculty speak more than 15 lan- The members of Church Women United are he accepted the position of vice president in guages. Protestant, Roman Catholic, Orthodox and business development with the Progress Bank The Center nurtures a critical range of mi- other Christian women who are called by the where he still is currently employed. nority and mainstream arts, including over 12 Holy Spirit to act for justice on behalf of In addition to his stellar career in the finan- culturally distinct repertoire forms, and sus- women and children throughout the global cial services sector, community service has tains nine culturally distinct Resident Compa- community. Biblically based through their been extremely important to Guido. He cur- nies providing 30–40 low or no-cost perform- shared Christian faith, the women are gifted rently serves on the board of the Montgomery ances each year. Those resident companies by their diversity of race, economics, age, cul- County Chamber of Commerce and has been are: Iron Triangle Theater, Richmond BLOCO, ture and theology. active with the organization for seventeen Son de la Tierra, Mien Legends, My View Film Church Women United brings Christian years. He currently serves as a board member Crew, Richmond Jazz Collective, Youth West women together for spiritual nourishment and of the Senior Adult Activities Center of Mont- African Music And Dance Ensemble, Rich- faith based advocacy. The Church Women gomery County. He participates in the Norris- mond Chamber Ensemble, and Richmond Bal- United local and state units are active in a town Lions Club, the Norristown Rotary Club let Theater. The Center’s Living the Mission broad spectrum of community ministries, in- and the Meals on Wheels program. programs involve the Center in ongoing part- cluding prison ministries, food pantries, tutor- nerships with social service providers such as ing and child care, and job skills training. On Guido and his wife Janet have been married group homes, domestic violence agencies, a national level, Church Women United works for forty years. They are the proud parents of homeless shelters, and juvenile hall. in coalition with partner groups around com- three children and three grandchildren. The East Bay Center for the Performing Arts mon issues and concerns. I am pleased and honored to present this has been the recipient of many awards and On Friday, the Gary Chapter of Church award to Guido Martinelli. His dedication to his honors over the years. Among those recently Women United will honor all of its past presi- community is commendable.

VerDate 112000 03:12 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A07NO8.004 pfrm02 PsN: E07PT1 November 7, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2025 HONORING SUPERVISOR SHARON As an active participant in the landmark So, on behalf of the people of Carrollton LEVY Clarendon County school desegregation case, and of the great State of Illinois, I would like Briggs vs. Elliott—one of the five cases which to thank them for their efforts—they are great- HON. GEORGE RADANOVICH became Brown vs the Board of Education of ly needed and greatly appreciated. As a token OF CALIFORNIA Topeka, Kansas, Mr. Montgomery dem- of that appreciation, I would like to list some IN THE HOUSE OF REPRESENTATIVES onstrated tremendous courage and determina- of their names here for the CONGRESSIONAL tion. He worked very closely with Thurgood H. RECORD: Dr. Adams, Dr. Reid, Dr. Turpin, Dr. Wednesday, November 7, 2001 Marshall coordinating many activities of the Mapue, Dr. Khalisia, Dr. Parcon, Dr. Casleton, Mr. RADANOVICH. Mr. Speaker, I rise plaintiffs and the NAACP attorneys. Dr. Voights, Dr. Harmon, Dr. McNeer, Dr. today to pay tribute to Fresno County Super- He served as the First Executive Secretary Dizon, Dr. Palcheff, and Deb Campbell. visor Sharon Levy for her years of dedicated of the South Carolina Branches of the Thank you all, and may God bless you and service to the community. NAACP, Treasurer of the Orangeburg NAACP, your work. Sharon Levy was first elected to the Fresno and was a Life Member of the NAACP. He f County Board of Supervisors in 1975 and was was a faithful member of Trinity United Meth- reelected for a 7th term in March of 1996. She odist Church, a partner in the first black- RESERVISTS EDUCATION served as Governor Deukmejian’s Appointee owned real estate and insurance company in PROTECTION ACT OF 2001 to the State Board of Corrections and currently Orangeburg, South Carolina, and owner of serves as a member of Fresno County Chil- Montgomery and Company Insurance Com- HON. CHRISTOPHER H. SMITH dren & Families First Commission (Chairman), pany. He was a Postal Service retiree, a OF NEW JERSEY Fresno County Transportation Authority, San Mason, and an active member of the Veterans IN THE HOUSE OF REPRESENTATIVES of Foreign Wars (VFW). Joaquin River Conservancy, Selma-Kingsburg- Wednesday, November 7, 2001 Fowler County Sanitation, Fresno Rotary, A former member of the Orangeburg Zoning Board of Governors of the California State and Appeals board, the Human Rights Coun- Mr. SMITH of New Jersey. Mr. Speaker, University (Fresno Foundation), Airport Land cil, the South Carolina Governor’s School for today I am pleased to introduce the Reservists Use Commission, Co-Chairman of Adult Vol- the Arts, Junior Achievement, and a founder of Education Protection Act of 2001. Original co- unteer Crossing Guard Program, COG Rail the National Association for Real Estate Bro- sponsors of this legislation include my good Committee, Domus Mitis Foundation. kers, Mr. Montgomery was a member of the friend Lane Evans (D–IL), the Ranking Demo- Supervisor Levy’s past committee and board Orangeburg Chamber of Commerce and the cratic Member of the VA Committee and 31 Memberships include: Fresno County Planning Orangeburg School District Five Foundation other Members of the House. This bill would Commission, Workforce Development, Fresno Committee at the time of his death in 1996. reinstate VA educational entitlement to certain Convention Visitors Bureau, Philharmonic Mr. Montgomery was a fine citizen in every Active Duty servicemembers and veterans in Board, Valley Children’s Hospital Board, Past- respect. His wife Georgia continues much of reserve components called up for Operation President of Jr. League of Fresno, Past-Presi- his ideas and ideals today with her own com- Enduring Freedom and future national emer- dent of Women’s Symphony League, Past- munity service endeavors and support of the gencies. President of Mallock PTA, Former Den Moth- Foundation named in his honor. Up to 10,000 of the 50,000 Reservists re- er. Mr. Speaker, I ask you and my colleagues cently called to active duty by President Bush Sharon is married to Joe Levy. They have to join me today in paying tribute to Eugene as a result of the September 11th attacks three children and 8 grandchildren. A.R. Montgomery, whose life’s visions live on against the United States would lose edu- Mr. Speaker, I rise to pay tribute to Sharon and continue to foster and encourage young cational assistance entitlement if they are Levy for her active and distinguished commu- people through the Eugene A.R. Montgomery forced to disenroll from school. Many of them nity involvement. I urge my colleagues to join Foundation. I wish the Foundation good luck would also lose the tuition they paid. me in wishing Sharon Levy many more years and Godspeed in carrying out the visions and The Reservists Education Protection Act of of continued success. honoring the legacy of a fine American who 2001 would restore monthly entitlement to (a) exemplified the concept of leading by exam- f veterans in reserve components who are ple. using the Montgomery GI Bill (MGIB) earned TRIBUTE TO MR. EUGENE A.R. f by prior active duty, and (b) regular Active MONTGOMERY 60TH ANNIVERSARY OF BOYD Duty servicemembers and veteran reservists HOSPITAL who are transferred to a new duty station or HON. JAMES E. CLYBURN assignment. OF SOUTH CAROLINA HON. JOHN SHIMKUS The Reservists Education Protection Act of IN THE HOUSE OF REPRESENTATIVES 2001 would cover any such servicemember in- OF ILLINOIS volved in a national emergency after Sep- Wednesday, November 7, 2001 IN THE HOUSE OF REPRESENTATIVES tember 11, 2001. (Note: Reservists using the Mr. CLYBURN. Mr. Speaker, I rise today to Wednesday, November 7, 2001 MGIB-Selected Reserve program already have pay tribute to Mr. Eugene A.R. Montgomery Mr. SHIMKUS. Mr. Speaker, I rise today to entitlement restoration benefits, and additional who was a longtime friend and mentor. Mr. pay tribute to Boyd Hospital on this, the 60th time to use their benefit.) Montgomery was a true champion of civil Anniversary of its service to Carrollton and Active Duty servicemembers and veterans rights, a reputable leader in the business and Greene County, Illinois. are currently entitled to 36 months of edu- real estate arenas, and an inspiration to all For over half a century, the Boyd Hospital cational benefits; this bill assures that no enti- members of his community. The Eugene A.R. has been administering to the needs of the tlement is lost due to mobilization. The Re- Montgomery Foundation at South Carolina people of Carrollton and the surrounding servists Education Protection Act of 2001 is State University carries on the legacy of serv- areas. And they have been successful; in this similar to the relief that Congress provided ice that Mr. Montgomery began and cultivated last year alone, they have admitted hundreds during the Persian Gulf War. throughout his lifetime. of patients to their full-time care and helped The servicemember would also regain time I commend the Eugene A.R. Montgomery thousands more on an outpatient basis. More- to attend school by extending their Mont- Foundation for helping students with dreams over, Boyd also has a strong physical therapy gomery GI Bill delimiting date by their mobili- of entering the business world turn those program and a crack ER staff—this hospital zation tour of duty, plus four months, to the 10 dreams into reality. Through programs that has undoubtedly saved many hundreds of years that they already have. For example, if provide incentives for young African-Ameri- lives. Especially in these troubled times, it is a servicemember is mobilized for six months, cans pursuing careers in entrepreneurial busi- comforting for the people of Carrollton to know he or she would have 10 months added to ness—particularly the fields of real estate and that they are being served by such a skilled their delimiting date. insurance—the Foundation also encourages institution. Active Duty servicemembers and veterans students to remain sensitive to the civil issues Over the last sixty years, the staff of Boyd enrolled in the Post-Vietnam Era Veterans’ surrounding them. The mission of the founda- Hospital has acted with care, compassion, and Educational Assistance Program (VEAP) tion is one which seeks to foster and encour- competence. And though the deeds them- (chapter 32) and Survivors and Dependants age the success, commitment, and character selves are perhaps reward enough for the Educational Assistance (chapter 35) would that Mr. Montgomery exemplified with his staff of Boyd Hospital, I think it appropriate also be included in the Reservists Education many accomplishments and achievements. that on this special day they are recognized. Protection Act of 2001.

VerDate 112000 03:12 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A07NO8.007 pfrm02 PsN: E07PT1 E2026 CONGRESSIONAL RECORD — Extensions of Remarks November 7, 2001 EXPAND EFFECTIVENESS OF U.S. Medal of Freedom, the highest civilian award ADDITIONAL COSPONSORS FOR BROADCASTING in the United States. He also received Mexi- H.R. 3167 co’s highest civilian award to a foreigner. He HON. EARL BLUMENAUER was Pharmaceutical Planning Service, Inc.’s HON. DOUG BEREUTER OF OREGON Distinguished Person of the Year in 1999 and OF NEBRASKA IN THE HOUSE OF REPRESENTATIVES in the same year was given the National His- IN THE HOUSE OF REPRESENTATIVES Wednesday, November 7, 2001 panic Hero Award by the United States His- panic Leadership Institute. Wednesday, November 7, 2001 Mr. BLUMENAUER. Mr. Speaker, today we Mr. Speaker, I congratulate Mario G. Obledo Mr. BEREUTER. Mr. Speaker, due to House adopted H.R. 2998 authorizing the establish- for receiving the Lifetime Achievement Award Rules, unfortunately there were several Mem- ment of Radio Free Afghanistan to create a from the City of Orange Cove. I urge my col- bers of Congress who wanted to cosponsor, surrogate radio broadcasting service in Af- leagues to join me in wishing Mr. Obledo H.R. 3167, the Gerald B.H. Solomon Freedom ghanistan. I am a cosponsor of this legislation many more years of continued success. Consolidation Act of 2001, but were unable to and I look forward to its serving as a valuable be officially listed by the House Bill Clerk f complement to the important contribution al- under our House Rules. The distinguished ready made by the Voice of America (VOA). PERSONAL EXPLANATION gentleman from Texas [Mr. THORNBERRY], the We need to increase and improve our public distinguished gentleman from Maryland [Mr. diplomacy in the Arabic-speaking world. We HON. SHEILA JACKSON-LEE WYNN], the distinguished gentleman from can reach millions and provide fair, accurate Pennsylvania [Mr. BORSKI] and the distin- OF TEXAS information about America, its principles and guished gentleman from New York [Mr. IN THE HOUSE OF REPRESENTATIVES policies by increasing our VOA broadcasting in SWEENEY] all contacted my office to cospon- this way. Wednesday, November 7, 2001 sor; however, their names were not added as A constituent of mine who is an Arabic lin- cosponsors since the House International Re- guist has written to me regarding his thought- Ms. JACKSON-LEE of Texas. Mr. Speaker, I was unavoidable detained from the House of lations Committee reported the bill on Novem- ful idea about how we can better utilize infor- ber 5th. This Member regrets that they were mation we already receive and make it even Representatives on November 6, 2001. I therefore missed Rollcall votes Nos. 426, 427, not added, but wants to recognize their inten- more useful in our information-sharing efforts tions in this fashion. here and abroad. and 428. Had I been present, I would have The Smith-Mundt Act (22 U.S.C. 1461) voted ‘‘yes’’ on all three items. And I ask for f should be amended to allow the release of unanimous consent that my votes and re- COURT RULING ON PROJECT materials such as manuscripts upon request marks be included in the proper place in the LABOR AGREEMENTS and further assist U.S. linguists to receive RECORD. these materials. As we respond to the events f HON. GEORGE MILLER of September 11, I believe this modification OF CALIFORNIA would expand the effectiveness of VOA and PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES allow qualified private institutions greater ac- cess to information so vital for intercultural ex- HON. VITO FOSSELLA Wednesday, November 7, 2001 change. OF NEW YORK Mr. GEORGE MILLER of California. Mr. I urge my colleagues’ consideration of allow- IN THE HOUSE OF REPRESENTATIVES Speaker, I rise to commend the United States ing this greater use of the information we are Wednesday, November 7, 2001 District Court for the District of Columbia for already receiving, and will be working to ac- upholding the rights of workers and preventing complish this through my membership on the Mr. FOSSELLA. Mr. Speaker, on Rollcall the President from arbitrarily unilaterally, and House International Relations Committee. No. 428, I was unavoidably detained. Had I unfairly restricting those rights. f been present, I would have voted ‘‘yea’’. On February 17, 2001, President Bush issued Executive Order 13202 prohibiting Fed- CONGRATULATING MARIO G. f eral agencies or recipients of federal funds OBLEDO RECOGNIZING MARCIA CAMPBELL from entering project labor agreements, pre- MATHEWS hire agreements that typically establish wages HON. GEORGE RADANOVICH and working conditions for the employees of OF CALIFORNIA HON. GEORGE RADANOVICH contractors and subcontractors on a construc- IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA tion project. Bush’s Executive Order was per- Wednesday, November 7, 2001 IN THE HOUSE OF REPRESENTATIVES manently enjoined today in a decision issued today by Judge Emmet G. Sullivan. The law- Mr. RADANOVICH. Mr. Speaker, I rise Wednesday, November 7, 2001 today to Honor Mario G. Obledo for receiving suit overturning the Executive Order, Building the Lifetime Achievement Award from the City Mr. RADANOVICH. Mr. Speaker, I rise and Construction Trades Department, AFL– of Orange Cove. Mr. Obledo received the today to recognize Marcia Campbell Mathews CIO, et al., v. Joe M. Allbaugh, Director Fed- award at a ceremony held on July 20, 2001. for being named a Farm Advisor Award finalist eral Emergency Management Agency, et al., Obledo has an extensive educational back- by the Friends of Agricultural Extension. The was brought by the Building and Construction ground as well as a long career in public serv- Friends of Agricultural Extension will recognize Trades Department, the City of Richmond, ice. He received a degree in pharmacy in Marcia at their annual awards dinner. California and the Contra Costa County Build- 1957. Three years later he earned a Doctor of Marcia is the Stanislaus County Agronomy ing and Construction Trades Council. My con- Law degree. Mr. Obledo served as Assistant Farm Advisor. She has developed a program gressional district includes Richmond and Attorney General for the State of Texas, and on the subject of the ‘‘Use of Dairy Lagoon Contra Costa County. also served as Secretary of Health and Wel- Water as a Nutrient Source for Crops.’’ Today’s decision is a clear victory for work- fare in the State of California. He has also Through her program she has developed prac- ing Americans. The court found that project served as a member of the faculty at Harvard tical tools, such as a Nitrogen Quick Test and labor agreements are expressly protected by Law School. a flow meter/valve configuration, to help crop the National Labor Relations Act and that the Along with his time in public office and producers evaluate nutrient levels achieved by President’s Executive Order harms workers by teaching in the classroom, Mr. Obledo is ac- the application of manure products. Marcia is altering the bargaining power between em- tive in several community organizations. He is continuing to refine and promote the use of ployers and unions. In effect, by trying to im- the co-founder and president of the National these procedures, as well as several other val- pose new limits on the right of the workers to Hispanic Bar Association and the Mexican- uable nutrient management techniques. bargain collectively, the President was under- American Legal Defense Fund. He was na- Mr. Speaker, I congratulate Marcia Camp- mining the ability of workers to protect and im- tional president of the League of United Latin bell Mathews for being named a Farm Advisor prove their wages and working conditions. In American Citizens and co-founded the South- Award finalist by the Friends of Agricultural our system of government, however, a Presi- west Voter Registration Project. Extension. I urge my colleagues to join me in dent may not unilaterally undermine the laws Mr. Obledo has received several prestigious wishing Marcia Mathews many more years of that Congress has enacted. The District awards. In 1998, he received the Presidential continued success. Court’s decision is a victory for due process

VerDate 112000 03:12 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A07NO8.012 pfrm02 PsN: E07PT1 November 7, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2027 and the rule of law as well as the rights of istan, Turkey is the first Muslim country to In France, such a law entered into effect workers. offer direct military participation in Operation this summer. I strongly commend the Mayor and City Enduring Freedom. Turkey’s offer is further Provisions of the law, Mr. Speaker, provide Council of Richmond and the Contra Costa proof that our coalition against terror is not a governmental entities and private citizens the County Building and Construction Trades war against Islam, but a war against evil. ability to apply civil and criminal sanctions Council and its president, Greg Feere, all of Mr. Speaker, during this critical time of inter- against any so-called ‘‘cult’’ or its de facto whom I am proud to represent in Congress, as national cooperation, it is encouraging to see leader. Other extensive powers include the re- well as the Building and Construction Trades Turkey, a key Muslim ally, offer to join forces moval of basic civic freedoms if an individual Department of the AFL–CIO, for their role in with our forces to combat a heinous world is found guilty of using ‘‘techniques likely to standing up for the rights and well being of evil—terrorism. I welcome this offer and urge alter judgment.’’ Despite the law’s obvious workers. the passage of this resolution. bent against minority faiths, its broad powers, f f combined with the vague wording, could per- FRANCE’S LAW AFFECTS mit arbitrary application and abuse. PROCLAMATION FOR DAVID Overall, I find the creation of such a law, es- FREEDOM OF WORSHIP ANTHONY FUCALORO pecially in a mature democracy like France, alarming and incongruent with the nation’s HON. STEVE ISRAEL HON. CHRISTOPHER H. SMITH long history of supporting human rights. I had OF NEW JERSEY OF NEW YORK the opportunity this past summer to meet with IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES the President of the National Assembly, Mr. Wednesday, November 7, 2001 Raymond Forni, as well as one of the key au- Wednesday, November 7, 2001 Mr. SMITH of New Jersey. Mr. Speaker, thor’s of the bill, Mme. Catherine Picard, and Mr. ISRAEL. Mr. Speaker, it is with great today I take this opportunity to salute France’s shared with them these concerns. Considering pride that I rise today to recognize one of New historic leadership in the defense of human France’s position as a world leader, this do- York’s outstanding young men, David rights. After the events of September 11th, as mestic action will cause repercussions else- Fucaloro. The Boy Scouts of his troop will freedom-loving people wrestle with the where, such as in emerging democracies honor him as they recognize his achievements scourge of terrorism, they will look to countries which will have and look to French leadership by giving him the Eagle Scout honor on Fri- like France to see whether the torch of human on these matters. day, December 7th 2001. rights is being held high. Therefore, mindful of Often, the U.S. Government and Congress Since the beginning of this century, the Boy France’s historic work and current commit- are criticized for ‘‘meddling’’ in the internal af- Scouts of America have provided thousands of ments to defend human rights, it was with re- fairs of another sovereign nation. I feel certain boys and young men each year with the op- morse and surprise that I observed this sum- detractors in France will level the same argu- portunity to make friends, explore new ideas, mer the National Assembly’s approval of the ment. However, the OSCE Moscow Con- and develop leadership skills while learning law for the ‘‘Prevention and Repression of cluding Document (1991) speaks directly to self-reliance and teamwork. Cultic Movements.’’ this issue, declaring ‘‘The participating State This award is presented only to those who As participating States of the Organization emphasize that issues relating to human posses the qualities that make our nation for Security and Cooperation in Europe rights, fundamental freedoms, democracy and great: commitment to excellence, hard work, (OSCE), France and the United States share the rule of law are of international concern, as and genuine love of community service. Be- the commitment and responsibility to observe respect for these rights and freedoms con- coming an Eagle Scout is an extraordinary and uphold religious freedom, including the stitutes one of the foundations of international award with which only the finest Boy Scouts right of the individual to profess and practice order. They categorically and irrevocably de- are honored. To earn the award—the highest religion or belief. Through my work as Co- clare that the commitments undertaken in the advancement rank in Scouting—a Boy Scout Chairman of the U.S. Helsinki Commission, I field of the human dimension * * * are mat- must demonstrate proficiency in the rigorous am alarmed by recent developments in Eu- ters of direct and legitimate concern to all par- areas of leadership, service, and outdoor rope that impinge on this fundamental free- ticipating States and do not belong exclusively skills. dom. Recently, it would appear that certain to the internal affairs of the State concerned.’’ I ask my colleagues to join me in congratu- OSCE friends and allies have forgotten that [emphasis added] lating the recipients of these awards, as their religious movements can play a positive role Mr. Speaker, religious believers in France activities are indeed worthy of praise. Their in society, providing impetus for important so- have already offered concerns about the ef- leadership benefits our community and they cial change. For instance, the role of the fects of the new French law on their right to serve as role models for their peers. Catholic Church in Poland during the cold war profess and practice their faith in their own Also, we must not forget the unsung heroes, or the activism of some churches and religious country. Statutes of this nature, which target who continue to devote a large part of their leaders in the Southern United States during individuals with unpopular belief systems, are lives to make all this possible. Therefore, I sa- the Civil Rights Movement offered vital moral antithetical to democracies in the twenty first lute the families, scout leaders, and countless and ethical guidance and support. century. Accordingly, I join them in urging others who have given generously of their Mr. Speaker, particularly in Western Europe, French authorities to fully respect France’s time and energy in support of scouting. we have observed an increase in laws cali- commitments as an OSCE participating State It is with great pride that I recognize the brated specifically to target religious groups. when implementing the new law. achievements of Mr. Fucaloro, and bring the The United States shares with Western Eu- f attention of Congress to this successful young rope core values regarding human dignity and man on his day of recognition. Congratulations rights, and we gratefully acknowledge Western AFGHAN WOMEN’S RESOLUTION to Edward and his family. Europe’s traditional openness toward religious f minorities. However, the development of ‘‘anti- HON. LOUISE McINTOSH SLAUGHTER cult ’’ laws threatens this tradition. OF NEW YORK EXPRESSING APPRECIATION TO At the same time, I understand and appre- IN THE HOUSE OF REPRESENTATIVES THE COUNTRY OF TURKEY ciate the dangers of criminal activity operating under the guise of religion. However, I strongly Wednesday, November 7, 2001 HON. ALBERT RUSSELL WYNN believe that any religious movement violating Ms. SLAUGHTER. Mr. Speaker, I rise today OF MARYLAND the rule of law should be prosecuted using to introduce a resolution commending the IN THE HOUSE OF REPRESENTATIVES mainstream law enforcement tools, as op- work of organizations led by Afghan women posed to special laws or extra-judicial inves- that are providing substantial education, health Wednesday, November 7, 2001 tigations not in harmony with the core values and relief services during a time of humani- Mr. WYNN. Mr. Speaker, I rise to introduce enshrined in the OSCE’s Helsinki Final Act tarian crisis in Afghanistan. This resolution a resolution to express my appreciation for and other international documents regarding also urges the President to ensure that any Turkey’s offer to provide special forces in sup- human dignity and rights. In sum, I am con- new government established in Afghanistan in- port of Operation Enduring Freedom—the war cerned about vaguely crafted government reg- clude women as full and active participants. against terrorism. ulations against religious organizations and Since 1996, when the Taliban regime took As a member nation of the North Atlantic adherents that serve to foster intolerance over, the women of Afghanistan have lived in Treaty Organization located closest to Afghan- against individuals because of their beliefs. absolute fear. To be a woman in Afghanistan

VerDate 112000 03:12 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A07NO8.018 pfrm02 PsN: E07PT1 E2028 CONGRESSIONAL RECORD — Extensions of Remarks November 7, 2001 under the Taliban’s rule is to be considered lit- strengthen their ability to deliver services and sity of Washington’s faculty and, since 1973, tle more than chattel. Women are banned to enhance their role in fostering a more civil has been a professor of genetics at that insti- from receiving an education, holding a job or society. Finally, we must urge the Administra- tution. He joined the faculty of Seattle’s Fred engaging in conversations outside the home. tion to encourage any new government in Af- Hutchinson Cancer Research Center in 1996 They can be arrested for venturing outside ghanistan to include women as leaders. and became its president and director in 1997. their house without a male relative or stoned After five years of enduring the wrath of the Dr. Hartwell is the recipient of many honors to death if they are married and accompanied Taliban regime, it is time to restore basic including the Albert Lasker Basic Medical Re- by an unrelated male. The Taliban enforces human rights to all Afghan people, especially search Award, the Gairdner Foundation Inter- these draconian decrees in a brutal and capri- women and girls, and to end these repressive national Award and the Alfred P. Sloan Award cious fashion that does not begin to resemble policies. The women of Afghanistan have in cancer research. The 2001 Nobel Prize in due process or a fair judicial system. proven their ability to lead; they simply need Physiology or Medicine is the ultimate recogni- Prior to the Taliban’s rule, women held ca- the opportunity to exercise it. tion of his life’s work. reers as doctors, nurses, and teachers. They Mr. Speaker, on behalf of Rep. ROS- I ask my colleagues to join me in saluting were free to exercise their rights as citizens, LEHTINEN and myself, I am proud to introduce Dr. Lee Hartwell, a man whose dedication and move about, and speak freely. Many of them H.Resllland urge my colleagues to sup- achievements are a credit to the State of were considered leaders in their communities, port it. Washington, our country, and indeed the educated, and well-respected. Since 1996, f world. these women have gone into hiding. They are f forced to be mere shadows of their former PERSONAL EXPLANATION selves. A TRIBUTE TO ELIE WIESEL ON To women like myself who live in a free de- HON. CAROLYN C. KILPATRICK THE OCCASION OF HIS RECENT ARTICLE IN ‘‘PARADE’’ WITH RE- mocracy, these severe restrictions of move- OF MICHIGAN GARD TO TERRORISM AND RE- ment, speech, and dress are unimaginable. IN THE HOUSE OF REPRESENTATIVES And, without question, the laundry list of bla- SISTANCE Wednesday, November 7, 2001 tant human rights violations would not be tol- erated against any other population in the Ms. KILPATRICK. Mr. Speaker, due to per- HON. BENJAMIN A. GILMAN world, particularly not in the United States. So sonal business in my District, I am unable to OF NEW YORK how can we, as decent, intelligent people be present for legislative business scheduled IN THE HOUSE OF REPRESENTATIVES for today, Wednesday, November 7th. Had I stand by and watch? Wednesday, November 7, 2001 Thankfully, a few courageous organizations been present, I would have voted ‘‘aye’’ on (1) led by Afghan women are taking action. These Rollcall No. 429, H.R. 2998, the Radio Free Mr. GILMAN. Mr. Speaker, the evil, des- organizations are often clandestine in nature Afghanistan Act; (2) Rollcall No. 430, H.R. picable, barbaric terrorist acts that are still pro- and strive to improve the status of women and 852, designating the Nathaniel R. Jones and ducing fear among the people of our country— girls in Afghanistan through underground cir- Frank J. Battisti Federal Building and Court- and the tragic scale of which we still have not cles. At this time, it is by their valiant efforts house; (3) Rollcall No. 431, H.R. 3167, the fully realized—were not motivated by the zeal alone that many women and girls in Afghani- Gerald B. H. Solomon Freedom Consolidation we usually associate with individual acts of stan have received an education or health and Act; and (4) Rollcall No. 432, H. Con. Res. crime. These acts were not committed with the relief services. 262. purpose of enrichment. They are not logical One of the most prominent examples of f responses to America’s actions, real or imag- such an organization is the Revolutionary As- ined, abroad. Rather, they were the result of sociation of the Women of Afghanistan, or TRIBUTE TO DR. LEE HARTWELL a kind of deep hatred towards our freedom RAWA. Established in 1977, this organization loving life style and our proud democratic tra- offers relief to the women and girls of Afghani- HON. JAY INSLEE ditions. stan by running primary and secondary OF WASHINGTON This hatred is almost incomprehensible to schools for refugee girls, creating mobile IN THE HOUSE OF REPRESENTATIVES the modern mind. As my good friend author Elie Wiesel has recently eloquently pointed health teams in Pakistan, and running handi- Wednesday, November 7, 2001 crafts, carpet and tailoring workplaces. out, the terrorism we have until now experi- Engaging in these modest activities, how- Mr. INSLEE. Mr. Speaker, I rise today to enced is only the tip of the iceberg. If the ter- ever, is only one way in which RAWA serves pay very special tribute to a truly outstanding rorists could, they would take us all out. Their Afghan women. Despite the risk to their own individual from Seattle, Washington. On Octo- hatred is an all-encompassing drive to deprive lives, many RAWA activists have also carried ber 8, 2001, Dr. Lee Hartwell, president and mankind of freedom and safety. The terrorists video cameras under their burqas to record director of the Fred Hutchinson Cancer Re- do not intend to stop halfway. executions of Afghan women and other similar search Center, was awarded the Nobel Prize Elie Wiesel, the holder of numerous aca- punishments. In many cases, these video- in Physiology or Medicine 2001 for his pio- demic titles, recipient of many distinguished tapes have been the key to exposing the inhu- neering work in yeast genetics. honors and awards—among them the Nobel man acts of the Taliban and proving to the Dr. Hartwell’s three-decade devotion to the Prize for Peace in 1986—and author of sev- Western world that these women need help. study of and his insight into yeast cells provide eral world renowned books, was only fifteen While efforts like RAWA’s relieve some of the foundation for understanding how normal years old when he and his family were de- the worst excesses of the Taliban’s regime, cells divide and the mechanisms leading to ported by the Nazis to the Aushwitz con- however, they do not fix the problem. Afghan the uncontrolled growth of cancer cells. He centration camp. His mother and younger sis- women will never regain their freedom in the has consistently contributed experimental and ter perished while only his two older sisters future unless a constitutional democracy is re- theoretical insights. Thanks to Dr. Hartwell’s survived. He wrote about his experiences in stored in Afghanistan and Afghan women play groundbreaking efforts, scientists have a fun- the death camps in his internationally ac- a leadership role in rebuilding their country. damental understanding of how cancer cells claimed memoir, ‘‘Night,’’ and in 1978, Presi- Fortunately, for the first time since the mutate. This research is allowing the develop- dent Jimmy Carter appointed him as Chairman Taliban regime took over, the U.S. is in a ment of approaches that predict, prevent or re- of the President’s Commission on the Holo- strong position to make this happen and to verse that mutation so that someday we can caust. provide substantial help to Afghan women. develop cancer cures. Today, the yeast re- A dedicated supporter of Israel, Elie Wiesel As our government fights to eliminate the lated research of Dr. Hartwell and his col- has also seen it as his duty to defend the Taliban and those who support them in Af- leagues is being used at the Fred Hutchinson causes of various persecuted minority groups. ghanistan, we must ensure that not only are Cancer Research Center to develop drugs for For this reason, in 1986 along with his wife, the rights of women and girls in Afghanistan use against cancer and other diseases. Marion Wiesel, he established the Elie Wiesel preserved, but that their full citizenship is re- Dr. Hartwell is a man of great accomplish- Foundation for Humanity. Through his indefati- stored. ment. After earning B.S. at the California Insti- gable efforts Mr. Wiesel has continuously re- In addition, we must call upon the U.S. gov- tute of Technology and a Ph.D. from the Mas- minded us of our duty to hold life sacred, to ernment and the United Nations to provide di- sachusetts Institute of Technology, he did honor liberty, fairness and peace and to resist rect funding to these Afghan women’s organi- postdoctoral work at the Salk Institute for Bio- fanaticism in whatever shape we might en- zations. If provided, this funding would logical Studies. In 1968 he joined the Univer- counter it. In submitting to the CONGRESSIONAL

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RECORD Mr. Wiesel’s contemplative reflections justification for it. Can it be explained? Yes, I belong to a generation that thinks it on the nature of resistance that he recently by hatred. Hatred is at the root of evil every- knows all that is possible to know about the contributed to ‘‘Parade’’ I desire not only to in- where. Racial hatred, ethnic hatred, political thousand manners of dying but not about the hatred, religious hatred. In its name, all best way of fighting death. And I know that form my colleagues of his views, but also to seems permitted. For those who glorify ha- every death is unjust, that the death of every pay tribute to his remarkable service to man- tred, as terrorists do, the end justifies all innocent person turns me into a question kind. means, including the most despicable ones. If mark. Human beings are defined by their sol- In the spirit of Elie Wiesel, the resolve that they could, fanatics of violence would idarity with others, especially when the oth- America, since September 11, has imple- slaughter all those who do not adhere to ers are threatened and wounded. Alone, I am mented in its struggle to free the world of this their ideological or religious principles. But on the edge of despair. But God alone is terrible hatred has been a source of biparti- this they cannot achieve and so they resort alone. Man is not and must not be alone. sanship and unity. We must continue to work to simply arousing fear, the goal of terror- If the terrorists believe they can isolate ists since they emerged in history. their living targets by condemning them to towards this end, in this same spirit. Only this time, they failed. The American fear and sadness, they are mistaken. Ameri- [From Parade Magazine, Oct. 26, 2001] people reacted not with fear and resignation cans have never been as united. but with anger and resolve. Here and there it WE CHOOSE HONOR Nor has our hope been as profound and as was misguided and misdirected: Individual irresistibly contagious. (By Elie Wiesel) Muslims were assaulted and humiliated. None of us will ever forget that sunny day That was and is wrong. Collective blame is f in September when the United States was unwarranted and unjust. Islam is one of the RADIO FREE AFGHANISTAN ACT subjected to a manmade nightmare: a hei- world’s great religions and most of its believ- OF 2001 nous terror attack unprecedented in contem- ers in our country are good and decent citi- porary history. It will remain shrouded in zens. That had to be said and our leaders said SPEECH OF mourning in the violated memory of our it. country. On the highest level of government, Presi- HON. JUANITA MILLENDER-McDONALD Would this terrible act drive us apart, I dent Bush immediately charted the right OF CALIFORNIA asked myself, or draw us together as a na- path to follow by declaring war against ter- IN THE HOUSE OF REPRESENTATIVES tion? rorist leaders and all those who harbor and My wife and I were in a taxi in midtown aid them. His address before the joint session Tuesday, November 6, 2001 Manhattan. We looked with disbelief at the of Congress made the American people expe- Ms. MILLENDER-MCDONALD of California. gigantic clouds of smoke and ashes hanging rience a moment of greatness. The Senate over the lower part of the city. We listened and the House made us proud. Democrats Madam Speaker, I rise in full support of H.R. to the radio and couldn’t understand what and Republicans spoke with one voice. The 2998, ‘‘The Radio Free Afghanistan Act,’’ of we heard. Suddenly our hearts sank: Some- White House, the State Department, the which I am an original cosponsor. This legisla- one we love worked on Wall Street. Cell Pentagon lost no time in preparing for the tion creates a ‘‘Radio Free Afghanistan’’ under phones remained mute. At home, we found a battle to come. In a very short while, our en- Radio Free Europe/Radio Liberty (RFE/RL). It message: He was all right. tire nation and its allies were mobilized to will revive the broadcasts that RFE/RL con- Glued to television like so many others, we wage a new world war whose aims are to watched the first pictures. They were both ducted when the Soviets invaded Afghanistan identify, uproot, disarm and apprehend all during the Cold War. Europe is very familiar surreal and biblical: the flames, the vertical those who were and are directly, or indi- collapse and disappearance of the world’s rectly, linked to terrorist practitioners of with the challenges of broadcasting to Afghan- two proudest towers. Many of us were mass murder. istan, and it has the institutional knowledge stunned into silence. Rarely have I felt such One thing is clear: By their magnitude as necessary to perform these broadcasts and failure of language. well as by their senselessness, the terrorist get them up and running quickly. This bill au- I remember what I was thinking: ‘‘That’s atrocities constitute a watershed. Yes, life thorizes the funds necessary to allow broad- madness, madness.’’ Two banal words, like will go back to normal; it always does. But casting into Afghanistan for 12 hours a day. an accursed mantra. Sheer madness. Terror- now there is a before and an after. Nothing This vital legislation will provide the voice the ists wanted to die in order to spread death will be the same. The political philosophy of around them. They demanded neither ran- governments, the national economy, the con- US currently lacks within the region. som nor concessions. They proclaimed no be- cern over security, the psychology of citi- At the present time there is no alternative to lief and left no testament. But then what did zens, the weight of comradeship and hope: the hateful propaganda that is being aired in they wish to affirm, negate or prove? Simply Everything has changed. One will not, as be- support of Afghani terrorism. One such exam- that life is not worth living? Some observers fore, take a plane without considering the ple is a bogus story that reported that 4,000 insisted that they were ‘‘courageous,’’ since possibility of sabotage. Nor will one look at Jews did not go to work on Sept. 11th at the they wanted to die. I disagree: They wanted his or her neighbors without suspicion. We World Trade Center. This false information in- to kill and to do so anonymously. It would may never visit Lower Manhattan without sinuates that Israel is somewhat responsible have taken more courage to live and explain pangs of sadness; we all know of someone for the attacks—unfortunately these lies are why they had chosen murder. who perished simply because he or she was More questions, many of them, came later: there. not being responded to. The Afghan people Faced with such immense suffering, how can But the American people did not bend. deserve an alternative to listen to—the truth. one go on working, studying and simply liv- Never have they been more motivated, more Prior to September 11, tragic conditions ex- ing without sinking into despair? How is one generous. Their behavior was praised the isted in Afghanistan. The Afghanis had en- to vanquish the fear that infiltrated our very world over. Instead of trying to save them- dured their worst drought in 30 years, 23 existence? And how are we to console the selves, men and women, young and old, ran years of military fighting, and oppressive and families and friends of the more than 5000 to Ground Zero to offer assistance. Some barbaric treatment of women and minorities by victims? stood in line for hours to donate blood. Hun- the Taliban regime. All of these circumstances The pictures of missing victims, the sob- dreds of thousands of sandwiches, sodas and bing of relatives, the farewell words on cell mineral waters were distributed. Those who contributed to massive numbers of Afghan ref- phones, the sight of hardened journalists were evacuated from their buildings were of- ugees who migrated to Pakistan. Some 3.5 weeping . . . Days and days elapsed, and the fered food and shelter by neighbors and million Afghan refugees fled to Pakistan, two devastated site was still reminiscent of war- strangers alike. Rudy Giuliani, the most ad- million to refugee camps and 1.5 million to the torn Europe in 1945. mired New Yorker of the day, appealed in cities and villages. Since September 11, the I checked history books for a semblance of vain over radio and television for volunteers number of people attempting to flee Afghani- precedent for this terror. There may be one. to stay away; they kept coming. And then, In the 11th century, a certain Hasan-e stan and its cities has increased dramatically, one had to see the outpouring of affection and the plight of refugees and displaced per- Sabba¯ h founded a secret small sect of assas- and gratitude toward policemen and fire- sins in Persia. Known as the Messengers of fighters to believe it. sons has become even more perilous. These Death, they roamed around Islam clandes- And so, the terrorists achieved the oppo- figures are a prime example of why the people tinely for years before fulfilling their mis- site of what they wanted. They moved people of Afghanistan need to know the truth—that sion. They killed people they did not know, to transcend themselves and choose that America stands in support of their freedom for motives they themselves did not com- which is noble in man. and is not the cause of their strife. They need prehend. Is Osama bin Laden a reincarnation For in the end, it is always a matter of to know that humanitarian aid is just that and of Husan-e Sabba¯ h? No. Those times and choice. Even when faced with the murderous those violent ‘‘dreamers’’ are gone. The 21st madness of criminals, and in the presence of nothing more. century will not be theirs. the silent agony of their victims, it is incum- Author Henry Peter Brougham once said Why, then, the mass murder now? A human bent upon us to choose between escape and ‘‘Education makes people easy to lead, but earthquake, it was caused by people whose solidarity, shame and honor. The terrorists difficult to drive; easy to govern, but impos- faith had been perverted. There can be no have chosen shame. We choose honor. sible to enslave.’’ The people of Afghanistan

VerDate 112000 03:12 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A07NO8.026 pfrm02 PsN: E07PT1 E2030 CONGRESSIONAL RECORD — Extensions of Remarks November 7, 2001 are being enslaved because they have no ac- She served as President of the United Com- Recreation Specialist for the New York City cess to accurate information. We must em- munity Civic Association for 9 years, during Parks Department’s Brownsville Recreation power the people of Afghanistan, counter the which time she organized one of the most Center. Here, she served as Program Coordi- lies and false propaganda, and allow free flow- successful Town Hall Meetings coordinated by nator and Registration Supervisor for the var- ing the factual information to be presented to a civic association in Queens County, with ious school and summer programs. Afghanis. ‘‘Radio Free Afghanistan,’’ will allow more than 600 residents participating to dis- In addition, Mary had five children, 15 us to do just that. cuss community needs and concerns. She grandchildren, and one great-grandchild and f also organized a ‘‘Community Health Fair,’’ was still an active volunteer in her Brooklyn which attracted over 700 attendees. Rose- community. She served as the District Leader PERSONAL EXPLANATION marie is a tireless advocate for a better quality for the 40th Assembly District for three terms. of life in Queens, and I have often worked with Finally, as a testimonial of her passion for pro- HON. LOIS CAPPS her on issues relating to the noise and con- viding affordable housing to her community OF CALIFORNIA gestion generated by the airports. and her devotion to the children of East New IN THE HOUSE OF REPRESENTATIVES Rose Marie Poveromo has also served her York, she served as the President of the Long community in numerous other capacities. She Island Baptist Tenant Association at Unity Wednesday, November 7, 2001 was a member of Community Board #1, Vice- Plaza Housing for over 20 years. Mrs. CAPPS. Mr. Speaker, I was detained President of the Astoria Heights Homeowners Mr. Speaker, the Honorable Mary Warren in returning from my district last night due to and Tenants Association and Vice President devoted her life to serving her community on delays in my flights and missed three votes. of Kiwanis Club of Jackson Heights. She cur- all levels and was an invaluable member of Had I been here I would have made the fol- rently serves on the Queens Borough Presi- the community and my staff. She will truly be lowing votes: Rollcall Nos. 426—‘‘aye’’, 427— dent’s Air Monitoring Task Force and the missed. As such, she is more than worthy of ‘‘aye’’, 428—‘‘aye.’’ Queens Borough President’s Aviation Advisory receiving our recognition today. I hope that all f Council. of my colleagues will join me in honoring the Mr. Speaker, today I ask that my colleagues life of this truly remarkable community leader. IN RECOGNITION OF THOMAS J. join me in honoring Thomas J. Nowierski and NOWIERSKI, R.PH., M.PH AND f Rose Marie Poveromo for their contributions to ROSE MARIE POVEROMO, BEING their community. TRIBUTE TO STATE SENATOR HONORED BY THE TAMINENT PAULA J. CARTER REGULAR DEMOCRATIC CLUB, f INC. A TRIBUTE TO THE LATE HON. WM. LACY CLAY HONORABLE MARY WARREN OF MISSOURI HON. CAROLYN B. MALONEY IN THE HOUSE OF REPRESENTATIVES OF NEW YORK HON. EDOLPHUS TOWNS Wednesday, November 7, 2001 IN THE HOUSE OF REPRESENTATIVES OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Mr. CLAY. Mr. Speaker, I rise today to ex- Wednesday, November 7, 2001 press my profound sadness over the passing Mrs. MALONEY of New York. Mr. Speaker, Wednesday, November 7, 2001 on Monday of Missouri State Senator Paula J. I rise to pay tribute to Thomas J. Nowierski Mr. TOWNS. Mr. Speaker, I rise in recogni- Carter, one of Missouri’s most distinguished and Rose Marie Poveromo who are being tion of the Honorable Mary Warren for her life and respected public servants. She was a honored on November 3, 2001 at this year’s long commitment to serving her community. powerful force in the state legislature and rep- annual Taminent Regular Democratic Club, Sadly, Mary passed away suddenly on this resented her St. Louis constituents well during Inc. dinner and dance. Taminent’s two hon- past Sunday, November 4, 2001. She began her combined 15 years of service in the Mis- orees have made outstanding contributions to her long career in community service with the souri Senate and House of Representatives. the civic life of the community. New York City Housing Authority (NYCHA). Paula Carter was a dear friend of a former For twenty-five years, Thomas J. Nowierski During her thirteen years at NYCHA, Mary colleague of mine in the Missouri General As- has served this community’s pharmacological held a variety of positions; she worked as a sembly, and her passing is a tremendous loss needs. He opened his first pharmacy, Community Associate, Community Liaison, to those of us who had the privilege of serving Ravenswood Drugs, in the Ravensview and Community Service Aide. She was an ex- with her. She will be greatly missed. projects in Long Island City. He purchased pert on New York City Housing programs. Paula Carter began her career as a public Astoria Chemists at Astoria General Hospital, While she worked for NYCHA, she volun- servant in 1984, when she was elected Com- now known as The Mount Sinai Hospital of teered for her East New York community as mitteewoman of the 27th Ward in St. Louis Queens, three years later. the spokesperson for the Community Police and two years later she was elected to her In 1984, he opened Chris Drug, named for Precinct Council. In addition, she organized first term in the Missouri House of Represent- his daughter Christine, at Astoria Medical tenant patrols, youth patrols, and led her ten- atives. While in the House, she became an Group. Mr. Nowierski established one of the ant association. outspoken champion of the poor, the disabled first programs in the state where seniors could After a rewarding career at NYCHA, I was and the disenfranchised, and she worked tire- receive information about their medications able to lure Mary and her housing expertise to lessly to make Missouri government more car- free of charge, in various languages. my staff as my Special Assistant. In this role, ing and responsive to our state’s neediest citi- Mr. Nowierski has spent much of his career Mary proved herself to be an outstanding ad- zens. Through her efforts in the House, Mis- working to address the needs of others. This vocate on behalf of community residents. Also, souri improved its assistance and care of is precisely what led him to open the Western she was a tireless worker, organizing events, those with mental illness and disabilities, and Queens Dialysis Center almost two years ago. working with constituents, and acting as my li- expanded employment and educational oppor- His goal was to ensure that patients in need aison to groups and agencies concerning tunities for women and minorities. of dialysis can get the quality of care they re- crime, drugs, and, most importantly, housing. In March 2000, Senator Carter was elected quire. Of course, Mary’s service to her community to the Fifth Senate District seat in a special Over the last decade Thomas Nowierski has never ended at the end of the work day, she election and subsequently re-elected to her worked on behalf of the Variety Boys and Girls also continued to be involved with both the first full term in November 2001. She wasted Club. He became President of its Board of Di- youth and elderly in her community. As the little time in making her presence felt in the rectors in 1999. Tom has also dedicated his Community Relations Associate for the upper chamber. She served on the Senate time and energy to SHAREing & CAREing, Wartburg Lutheran Home for the Aging, Mary Appropriations Committee; the Civil and Crimi- work he has done largely in memory of his developed and implemented marketing strate- nal Jurisprudence Committee; the Insurance late mother who battled breast cancer. gies to increase participation for Meals-on- and Housing Committee; and the Aging, Fami- For two decades Rose Marie Poveromo has Wheels, Adult Day Health Care, Senior Hous- lies and Mental Health Committee. She also been a dedicated community activist in Astoria ing and at the nursing home itself. This effort served as President of the Missouri Legislative and Jackson Heights. A native New Yorker, required the ability to work closely with people Black Caucus. she owns and operates Rose Marie Realty, from the community of all different back- Despite her illness, just two months ago in while also working as an aide to City Council grounds, an area in which Mary excelled. Her a special legislative session, Paula Carter Speaker Peter Vallone. outgoing personality served her well as the played an instrumental role in the passage of

VerDate 112000 03:12 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A07NO8.030 pfrm02 PsN: E07PT1 November 7, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2031 a critical prescription drug benefit plan for Mis- the war on terrorism and those who continue conducted a summary execution of 300 civil- souri senior citizens. As always, Paula Carter to harbor terrorists. Unfortunately, civilian ian adult males after it retook the town of never let her own physical limitations get in deaths simply are a part of any war. Yorkaolang. the way of her commitment to helping those Contrast that fact with the conditions, as In September 2000, Taliban forces used bombs, shells and cluster munitions indis- less fortunate. outlined in the editorial, which the Taliban has criminately against residential areas in the So on behalf of the Missouri delegation of inflicted upon the Afghan people. town of Taloquan and surrounding villages the U.S. House of Representatives, I want to Mr. Speaker, it is critical that the U.S. win before capturing the area, according to offer our deepest sympathies and condolences not only the war on terrorism but also the statements by refugees. to the family of Senator Paula Carter. She will media war to uncover the horrific human rights In May 2000, Taliban forces summarily exe- be greatly missed, both in our state capital abuses systematically implemented by the cuted at least 200 prisoners near a mountain and in her beloved City of St. Louis, but her Taliban against the Afghan people. pass northwest of the town of Pul-i Khumri. In August 1998, the Taliban captured legislative legacy and accomplishments will [From the Omaha World-Herald, Saturday, Mazar-i Sharif, a strategic city in northern endure in the thousands of people she October 27, 2001] touched through her leadership and deter- Afghanistan. Here is how Human Rights TALIBAN ATROCITIES mination. Watch described the Taliban’s subsequent ac- (By John Cottschalk) tions: f The Taliban’s ambassador to Pakistan ‘‘Within the first few hours of seizing con- TALIBAN HUMAN RIGHTS ABUSES sounded a hypocritical note when he claimed trol of the city, Taliban troops killed scores of civilians in indiscriminate attacks, shoot- NOT COMPARABLE TO CIVILIAN that the United States is carrying out geno- ing noncombatants and suspected combat- DEATHS RESULTING FROM U.S. cide against the Afghan people. On the contrary, the United States has ants alike in residential areas, city streets BOMBING gone to great lengths to minimize civilian and markets. Witnesses described it as a casualties. Although accidental bombings of ‘killing frenzy’ as the advancing forces shot HON. DOUG BEREUTER residential structures have occurred, mili- at ‘anything that moved.’’’ tary analyst William Arkin noted in The Anti-Taliban guerrilla groups, including OF NEBRASKA Washington Post that for U.S. military plan- fighters for the Northern Alliance now sup- IN THE HOUSE OF REPRESENTATIVES ners, ‘‘avoidance of civilian casualties has ported by the United States, by no means Wednesday, November 7, 2001 become institutionalized even to the point of have a spotless human rights record either. rejecting important targets if there is a high Over the past decade, such forces have at- Mr. BEREUTER. Mr. Speaker, this Member probability of civilian harm.’’ tacked residential areas with artillery fire wishes to commend to his colleagues the Oc- The Taliban’s claim of the moral high and carried out summary executions of tober 27, 2001, editorial from the Omaha ground is further undermined by the fact Taliban soldiers and suspected supporters, World-Herald entitled ‘‘Taliban Atrocities.’’ that it is using Afghan civilians as human according to Human Rights Watch. Despite its great efforts to prevent civilian shields by relocating its military hardware Such considerations indicate the difficul- deaths in Afghanistan, the U.S. will inadvert- into schools and mosques. ties that lie ahead in erecting a stable, ently kill some civilians as it continues its It is especially brazen of the Taliban to democratic government in Afghanistan in the post-Taliban era. bombings against Taliban-held areas. The ci- pose as a champion of human rights, consid- ering the horrors it has imposed on the Af- As for the Taliban, it stands damned by its vilian deaths which have already occurred ghan people in recent years. Here are only a own disreputable actions. In light of its ap- (and those which likely will occur) certainly few incidents in the lengthy inventory of palling record, it has no moral standing to and very obviously are not part of a concerted human rights abuses by the Taliban: lecture the United States about respect for scheme to kill the Afghan people. They are In January of this year, the organization human life and protection of innocent civil- (and will be) an unfortunate consequence of Human Rights Watch reports, the Taliban ians.

VerDate 112000 03:12 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A07NO8.034 pfrm02 PsN: E07PT1 E2032 CONGRESSIONAL RECORD — Extensions of Remarks November 7, 2001 SENATE COMMITTEE MEETINGS processes persons arrested for illegal 2 p.m. Title IV of Senate Resolution 4, entry into the U.S. outside ports of Environment and Public Works agreed to by the Senate on February 4, entry. Superfund, Toxics, Risk, and Waste Man- SD–342 agement Subcommittee 1977, calls for establishment of a sys- 10 a.m. To hold hearings on S. 1602, to help pro- tem for a computerized schedule of all Judiciary tect the public against the threat of meetings and hearings of Senate com- To hold hearings to examine homeland chemical attack. mittees, subcommittees, joint commit- defense issues, focusing on sharing in- SD–406 tees, and committees of conference. formation with local law enforcement. 2:30 p.m. This title requires all such committees SD–226 Energy and Natural Resources to notify the Office of the Senate Daily Public Lands and Forests Subcommittee Digest—designated by the Rules com- NOVEMBER 14 To hold oversight hearings to examine mittee—of the time, place, and purpose 9:30 a.m. the investigative report of the of the meetings, when scheduled, and Energy and Natural Resources Thirtymile Fire and the prevention of any cancellations or changes in the To hold hearings to examine the nomina- future fire fatalities. meetings as they occur. tion of Kathleen Burton Clarke, of SD–366 As an additional procedure along Utah, to be Director of the Bureau of Banking, Housing, and Urban Affairs with the computerization of this infor- Land Management, Department of the International Trade and Finance Sub- mation, the Office of the Senate Daily Interior. committee Digest will prepare this information for SD–366 To hold hearings to examine hawala—re- printing in the Extensions of Remarks 10:30 a.m. ferring a creditor to a third party to re- section of the CONGRESSIONAL RECORD Governmental Affairs ceive his/her money; and underground on Monday and Wednesday of each Oversight of Government Management, Re- terrorist financing mechanisms. week. structuring and the District of Colum- SD–538 Meetings scheduled for Thursday, No- bia Subcommittee vember 8, 2001 may be found in the To hold joint hearings to examine im- NOVEMBER 15 Daily Digest of today’s RECORD. provement processes concerning airline 9:15 a.m. security. Governmental Affairs MEETINGS SCHEDULED SD–342 To hold oversight hearings to examine Foreign Relations the Medicare payment policies for am- NOVEMBER 13 Business meeting to consider pending bulance services of the Centers for 9:30 a.m. calendar business. Medicare and Medicid Services of the Governmental Affairs SD–419 Department of Health and Human Investigations Subcommittee Services. To hold hearings to examine how the Im- SD–342 migration and Naturalization Service

VerDate 112000 03:12 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A07NO8.036 pfrm02 PsN: E07PT1 Wednesday, November 7, 2001 Daily Digest

HIGHLIGHTS Senate passed District of Columbia Appropriations Act. House committees ordered reported 11 sundry measures. The House passed H.R. 3167, Gerald B.H. Solomon Freedom Consolida- tion Act. Senate Landrieu/DeWine Amendment No. 2113, to di- Chamber Action rect the General Accounting Office to provide a re- Routine Proceedings, pages S11505–S11566 port detailing the awards in judgement rendered Measures Introduced: Ten bills were introduced, as that were in excess of the caps on the allowable fees follows: S. 1643–1652. Pages S11548–49 an attorney may charge when challenging special education placement in the District of Columbia. Measures Reported: S. 942, to authorize the supplemental grant for Page S11532 population increases in certain states under the tem- Rejected: porary assistance to needy families program for fiscal Allen Amendment No. 2107, to prohibit the use year 2002, with an amendment in the nature of of local funds to carry out needle exchange programs asubstitute. (S. Rept. No. 107–94) Page S11548 in the District of Columbia. (By 53 yeas to 47nays (Vote No. 328), Senate tabled the amendment.) Measures Passed: Pages S11507–15 District of Columbia Appropriations Act: By 75 Senate insisted on its amendment, requested a yeas to 24 nays (Vote No. 331), Senate passed H.R. conference with the House thereon, and the Chair 2944, making appropriations for the government of was authorized to appoint the following conferees on the District of Columbia and other activities charge- the part of the Senate: Senators Landrieu, Durbin, able in whole or in part against the revenues of said Reed, Inouye, DeWine, Hutchison, and Stevens. District for the fiscal year ending September 30, Page S11544 2002, after taking action on the following amend- Aviation Security Bill: Senate disagreed to the ments proposed thereto: Pages S11505–44 Adopted: amendment of the House to S. 1447, to improve Landrieu/DeWine Amendment No. 2109, making aviation security, agreed to the House request for a conference thereon, and the Chair was authorized to certain technical corrections. Page S11507 By 51 yeas to 49 nays (Vote No. 329), Hutchison/ appoint the following conferees on the part of the Sessions Amendment No. 2110, to cap the allowable Senate: Senators Hollings, Inouye, Rockefeller, fees an attorney may charge when challenging special Kerry, Breaux, Dorgan, Wyden, McCain, Stevens, education placement in the District of Columbia. Burns, Lott, Hutchison, and Snowe. Page S11510 Pages S11515–29 Intelligence Authorization Agreement: A unani- By 73 yeas to 26 nays (Vote No. 330), Durbin/ mous-consent agreement was reached providing for Boxer Amendment No. 2111, to provide for certain consideration of S. 1428, to authorize appropriations exceptions to the limitations on fees an attorney may for fiscal year 2002 for intelligence and intelligence- charge when challenging special education placement related activities of the United States Government, in the District of Columbia. Pages S11529–31 the Community Management Account of the Direc- Dorgan Amendment No. 2112, to provide for tor of Central Intelligence, and the Central Intel- mandatory advanced electronic information for air ligence Agency Retirement and Disability System, cargo and passengers entering the United States. and certain amendments to be proposed thereto, at Pages S11531–32 10 a.m., on Thursday, November 8, 2001. Further, D1110

VerDate 11-MAY-2000 03:02 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D07NO1.REC pfrm02 PsN: D07NO1 November 7, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1111 that the bill be advanced to third reading, the Senate then proceed to H.R. 2883 (House companion meas- Committee Meetings ure), that all after the enacting clause be stricken, (Committees not listed did not meet) the text of S. 1428 as amended, if amended, be in- serted in lieu thereof, that the House bill be read a NEW FEDERAL FARM BILL third time, passed; that the Senate insist on its amendment, request a conference with the House, Committee on Agriculture, Nutrition, and Forestry: Com- and the Chair be authorized to appoint conferees on mittee met and approved Title III (Trade) of S. the part of the Senate. Page S11565 1628, to strengthen the safety net for agricultural producers, to enhance resource conservation and rural Nominations Received: Senate received the fol- development, to provide for farm credit, agricultural lowing nominations: research, nutrition, and related programs, and to en- Rebecca W. Watson, of Montana, to be an Assist- sure consumers abundant food and fiber. ant Secretary of the Interior. Committee will meet again tomorrow. John V. Hanford III, of Virginia, to be Ambas- sador at Large for International Religious Freedom. BUDGET AND EMERGENCY DEFICIT Franz S. Leichter, of New York, to be a Director Committee on the Budget: Committee met and began of the Federal Housing Finance Board for a term ex- consideration of S.J. Res. 28, suspending certain pro- piring February 27, 2006. visions of law pursuant to section 258(a)(2) of the Allan I. Mendelowitz, of Connecticut, to be a Di- Balanced Budget and Emergency Deficit Control Act rector of the Federal Housing Finance Board for a of 1985, but did not take final action thereon, and term expiring February 27, 2007. recessed subject to call. Dennis P. Walsh, of Maryland, to be a Member of the National Labor Relations Board for the term NOMINATIONS of five years expiring December 16, 2004. Committee on Foreign Relations: Committee concluded Pages S11565–66 hearings on the nominations of John Marshall, of Nominations Withdrawn: Senate received notifica- Virginia, to be Assistant Administrator for Manage- tion of withdrawal of the following nomination: ment, and the nomination of Constance Berry New- W. Michael Cox, of Georgia, to be an Assistant man, of Illinois, to be Assistant Administrator for Secretary of Labor, which was sent to the Senate on Africa, both of the United States Agency for Inter- October 18, 2001. Page S11566 national Development, Cynthia Shepard Perry, of Texas, to be United States Director of the African Messages From the House: Page S11548 Development Bank, Jose A. Fourquet, of New Jer- Measures Referred: Page S11548 sey, to be United States Executive Director of the Inter-American Development Bank, and Jorge L. Additional Cosponsors: Page S11549 Arrizurieta, of Florida, to be United States Alternate Statements on Introduced Bills/Resolutions: Executive Director of the Inter-American Develop- Pages S11550–62 ment Bank, after the nominees testified and an- Additional Statements: Page S11548 swered questions in their own behalf. Mr. Marshall was introduced by Senators Allen and Hagel, Ms. Amendments Submitted: Pages S11562–64 Newman was introduced by Senator Stevens and Authority for Committees to Meet: Page S11564 District of Columbia Delegate Eleanor Holmes Nor- Record Votes: Four record votes were taken today. ton, and Mr. Fourquet was introduced by Senators (Total—331) Pages S11515, S11529, S11531, S11535 Torricelli and Corzine. Adjournment: Senate met at 10 a.m., and ad- WPD PROLIFERATION journed at 5:51 p.m., until 10 a.m., on Thursday, November 8, 2001. (For Senate’s program, see the Committee on Governmental Affairs: Subcommittee on remarks of the Acting Majority Leader in today’s International Security, Proliferation and Federal Serv- ices concluded hearings to examine current and fu- Record on page S11565.) ture weapons of mass destruction proliferation threats, focusing on key policy instruments including

VerDate 11-MAY-2000 03:02 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D07NO1.REC pfrm02 PsN: D07NO1 D1112 CONGRESSIONAL RECORD — DAILY DIGEST November 7, 2001 international treaties, multilateral export control ar- and Trademark Office, after the nominees testified rangements, U.S. export controls, and security assist- and answered questions in their own behalf. Mr. ance to other countries, after receiving testimony Heaton was introduced by Senators Nickles and from Joseph A. Christoff, Director, International Af- Inhofe, Mr. Land was introduced by Senators Cleland fairs and Trade, General Accounting Office; Michael and Miller, Mr. Martone was introduced by Senator L. Moodie, Chemical and Biological Arms Control Kyl, Mr. Reeves was introduced by Senators McCon- Institute, Jonathon B. Tucker, Monterey Institute of nell and Bunning, and Ms. Robinson was introduced International Studies, Rose Gottemoeller, Carnegie by Senators Brownback and Roberts. Endowment for International Peace, Richard T. Cupitt, Center for International Trade and Security, INTERNATIONAL AVIATION ALLIANCES and James A. Lewis, Center for Strategic and Inter- Committee on the Judiciary: Subcommittee on Anti- national Studies, all of Washington, D.C.; and Gary trust, Business Rights, and Competition concluded Milhollin, University of Wisconsin Project on Nu- hearings to examine international aviation alliances, clear Arms Control, Madison. focusing on market turmoil and the future of airline competition, after receiving testimony from Donald NOMINATIONS J. Carty, American Airlines, Fort Worth, Texas; Leo Committee on the Judiciary: Committee concluded F. Mullin, Delta Air Lines, Atlanta, Georgia; Rich- hearings on the nominations of Joe L. Heaton, to be ard Anderson, Northwest Airlines, Eagan, Min- United States District Judge for the Western Dis- nesota; Richard Branson, Virgin Atlantic Airways trict of Oklahoma, Clay D. Land, to be United Limited, West Sussex, England; Roger Maynard, States District Judge for the Middle District of British Airways, London, England; and Larry Georgia, Frederick J. Martone, to be United States Kellner, Continental Airlines, Inc., Washington, District Judge for the District of Arizona, Danny C. D.C. Reeves, to be United States District Judge for the Eastern District of Kentucky, Julie A. Robinson, to INTELLIGENCE be United States District Judge for the District of Select Committee on Intelligence: Committee held closed Kansas, and James Edward Rogan, of California, to hearings on intelligence matters, receiving testimony be Under Secretary of Commerce for Intellectual from officials of the intelligence community. Property and Director of the United States Patent Committee recessed subject to call. h House of Representatives Literature, Hillsdale College, Hillsdale, Michigan Chamber Action and Pastor of Somerset Congregational Church of Measures Introduced: 12 public bills, H.R. Somerset, Michigan. Page H7855 3240–32; and 6 resolutions, H.J. Res. 73; H. Con. Foreign Operations Appropriations—go to Con- Res. 264–265, and H. Res. 278, 280–281 were in- ference: The House disagreed with the Senate troduced. Pages H7908–09 amendment to H.R. 2506, making appropriations Reports Filed: Reports were filed today as follows: for foreign operations, export financing, and related H. Res. 279, waiving points of order against the programs for the fiscal year ending September 30, conference report on H.R. 2620, making appropria- 2002, and agreed to a conference. Appointed as con- tions for the Departments of Veterans Affairs and ferees: Chairman Young of Florida and Representa- Housing and Urban Development, and for sundry tives Kolbe, Callahan, Knollenberg, Kingston, Lewis independent agencies, boards, commissions, corpora- of California, Wicker, Bonilla, Sununu, Obey, tions, and offices for the fiscal year ending Sep- Lowey, Pelosi, Jackson of Illinois, Kilpatrick, and tember 30, 2002, (H. Rept. 107–273). Page H7908 Rothman. Page H7859 Speaker Pro Tempore: Read a letter from the Suspensions: The House agreed to suspend the rules Speaker wherein he appointed Representative Shaw and pass the following measures that were debated to act as Speaker pro tempore for today. Page H7855 on Nov. 6: Guest Chaplain: The prayer was offered by the Rev. Dr. John S. Reist, Jr., Professor of Christianity and

VerDate 11-MAY-2000 03:02 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D07NO1.REC pfrm02 PsN: D07NO1 November 7, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1113 Radio Free Afghanistan: H.R. 2998, amended, or reparations in which the plaintiff alleges that, as to authorize the establishment of Radio Free Afghan- an American prisoner of war during World War II, istan (agreed to by a yea-and-nay vote of 405 yeas he or she was used as slave or force labor. Page H7894 to 2 nays, Roll No. 429); Pages H7859–60 Senate messages: Messages received from the Senate Nathaniel R. Jones and Frank J. Battisti Fed- appear on pages H7855, H7880–81, H7907–08. eral Building and United States Courthouse, Quorum Calls—Votes: Four yea-and-nay votes de- Youngstown, Ohio: H.R. 852, to designate the Fed- veloped during the proceedings of the House today eral building and United States courthouse to be and appear on pages H7859–60, H7860–61, constructed at 10 East Commerce Street in Youngs- H7876–77, H7877. There were no quorum calls. town, Ohio, as the ‘‘Nathaniel R. Jones and Frank J. Battisti Federal Building and United States Court- Adjournment: The House met at 10 a.m. and ad- house’’ (agreed to by a yea-and-nay vote of 410 yeas journed at 8:36 p.m. with none voting ‘‘nay’’, Roll No. 430); and Pages H7860–61 Committee Meetings Preservation of Anti-Dumping and Counter- ENSURING DOMESTIC SECURITY vailing Duty Laws: H. Con. Res. 262, expressing the sense of Congress that the President, at the Committee on the Budget: Held a hearing on Ensuring WTO round of negotiations to be held at Doha, Domestic Security: Issues and Potential Costs,. Testi- Qatar, from November 9–13, 2001, and at any sub- mony was heard from David M. Walker, Comp- sequent round of negotiations, should preserve the troller General, GAO; and the following members of ability of the United States to enforce rigorously its the U.S. Commission on National Security/21st Cen- trade laws and should ensure that United States ex- tury: former Speaker Newt Gingrich, State of Geor- ports are not subject to the abusive use of trade laws gia; and former Representative Lee H. Hamilton, by other countries (agreed to by a yea-and-nay vote State of Indiana. of 410 yeas to 4 nays, Roll No. 432). Page H7877 FTC—CHALLENGES FACING Committee Election: The House agreed to H. Res. Committee on Energy and Commerce: Subcommittee on 278, electing Representative Lynch to the Commit- Commerce, Trade, and Consumer Protection held a tees on Government Reform and Veterans’ Affairs. hearing entitled ‘‘Challenges Facing the Federal Page H7861 Trade Commission.’’ Testimony was heard from Gerald B. H. Solomon Freedom Consolidation Timothy J. Muris, Chairman, FTC. Act: The House passed H.R. 3167, to endorse the PHYSICAL SECURITY—NIH AND CDC vision of further enlargement of the NATO Alliance FACILITIES articulated by President George W. Bush on June 15, 2001, and by former President William J. Clin- Committee on Energy and Commerce: Subcommittee on ton on October 22, 1996, by a yea-and-nay vote of Oversight and Investigations held a hearing entitled 372 yeas to 46 nays, Roll No. 431. Pages H7865–77 ‘‘HHS Inspector General’s Review of Physical Secu- Earlier, the House agreed to H. Res. 277, the rule rity at NIH and CDC Facilities.’’ Testimony was that provided for consideration of the bill by voice heard from the following officials of the Department vote. Pages H7861–65 of Health and Human Services: Janet Rehnquist, In- spector General; Virginia Bales, Deputy Director, Recess: The House recessed at 1:55 p.m. and recon- Program Management, Centers for Disease Control vened at 4:36 p.m. Page H7882 and Prevention; and Stephen A. Ficca, Associate Di- Commerce, Justice, State Appropriations—Mo- rector, Research Services, NIH. tion to Instruct Conferees: Representative Rohr- abacher gave notice of his intent to offer a motion TERRORISM RISK PROTECTION ACT to instruct conferees on H.R. 2500, making appro- Committee on Financial Services: Ordered Reported, as priations for the Departments of Commerce, Justice, amended, H.R. 3210. and State, the Judiciary, and related agencies for the fiscal year ending September 30, 2002, to insist on DOD MEDICAL READINESS the language contained in Section 626 of the House- Committee on Government Reform: Subcommittee on passed bill and Section 623 of the Senate amend- National Security, Veterans Affairs, and International ment, prohibiting the use of funds in the bill by the Relations hearing on ‘‘Chemical and Biological De- Justice Department or the State Department to file fense: DoD Medical Readiness.’’ Testimony was a motion in any court opposing a civil action against heard from Nancy Kingsbury, Managing Director, any Japanese person or corporation for compensation Applied Research and Methods, GAO; and William

VerDate 11-MAY-2000 03:02 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D07NO1.REC pfrm02 PsN: D07NO1 D1114 CONGRESSIONAL RECORD — DAILY DIGEST November 7, 2001 Winkenwerder, M.D., Assistant Secretary, Health Sean O’Keefe, Deputy Director, OMB; and a public Affairs, Department of Defense. witness. AFGHANISTAN’S FUTURE MISCELLANEOUS MEASURES Committee on International Relations: Held a hearing on the Future of Afghanistan. Testimony was heard Committee on Transportation and Infrastructure: Ordered from public witnesses. reported the following bills: H.R. 525, amended, Preparedness Against Domestic Terrorism Act of ANTI-HOAX TERRORISM ACT 2001; H.R. 2841, to designate the building located Committee on the Judiciary: Subcommittee on Crime at 1 Federal Plaza in New York, New York the held a hearing on H.R. 3209, Anti-Hoax Terrorism ‘‘James L. Watson United States Court of Inter- Act of 2001. Testimony was heard from the fol- national Trade Building;’’ H.R. 2972, to designate lowing officials of the Department of Justice: James the Federal building and United States courthouse F. Jarboe, Section Chief, Counterterrorism Division, located at 550 West Fort Street in Boise, Idaho, as Domestic Terrorism, FBI; and James Reynolds, the ‘‘James A. McClure Federal Building and United Chief, Terrorism and Violent Crime Section, Crimi- States Courthouse;’’ H.R. 3093, to designate the nal Division. Federal building and United States courthouse lo- cated at 501 Bell Street in Alton, Illinois, as the MISCELLANEOUS MEASURES ‘‘William L. Beatty Federal Building and United Committee on Resources: Ordered reported, as amended, States Courthouse;’’ H.R. 2546, Real Interstate Driv- the following bills: H.R. 2828, Klamath Basin er Equity Act of 2001; H.R. 2776, to designate Emergency Operation and Maintenance Refund Act buildings 315, 318, and 319 located at the Federal of 2001; and H.R. 3208, to authorize funding Aviation Administration’s William J. Hughes Tech- through the Secretary of the Interior for the imple- nical Center in Atlantic City, New Jersey, as the mentation of a comprehensive program in California ‘‘Frank R. Lautenberg Aviation Security Complex;’’ to achieve increased water yield and environmental S. 378, to redesignate the Federal building located benefits, as well as improved water system reli- at 3348 South Kedzie Avenue, in Chicago, Illinois, ability, water quality, water use efficiency, watershed as the ‘‘Paul Simon Chicago Job Corps Center.’’ management, water transfers, and levee protection.. The Committee also approved miscellaneous pub- OVERSIGHT lic building resolutions. Committee on Resources: Subcommittee on Forests and RETIREMENT SECURITY ADVICE ACT Forest Health held an oversight hearing on the views and vision of the Under Secretary, Natural Resources Committee on Ways and Means: Ordered reported, as and Environment, Department of the Interior. Testi- amended, H.R. 2269, Retirement Security Advice mony was heard from Mark Rey, Under Secretary, Act of 2001. Natural Resources and Environment, Department of the Interior. Joint Meetings CONFERENCE REPORT—VA, HUD AND INDEPENDENT AGENCIES AVIATION SECURITY APPROPRIATIONS Conferees met and began to resolve the differences be- Committee on Rules: Granted, by voice vote, a rule tween the Senate and House passed versions of S. waiving all points of order against the conference re- 1447, to improve aviation security, but did not com- port to accompany H.R. 2620, making appropria- plete action thereon, and recessed subject to call. tions for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry f independent agencies, boards, commissions, corpora- NEW PUBLIC LAWS tions, and offices for the fiscal year ending Sep- tember 30, 2002, and against its consideration . The (For last listing of Public Laws, see DAILY DIGEST, November 6, rule provides that the conference report shall be con- 2001, p. D 1106) sidered as read. Testimony was heard from Rep- H.R. 182, to amend the Wild and Scenic Rivers resentatives Walsh and Mollohan. Act to designate a segment of the Eight Mile River in the State of Connecticut for study for potential SPACE STATION TASK FORCE REPORT addition to the National Wild and Scenic Rivers Committee on Science: Held a hearing on the Space Sta- System. Signed November 6, 2001. (Public Law tion Task Force Report. Testimony was heard from 107–65)

VerDate 11-MAY-2000 03:02 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D07NO1.REC pfrm02 PsN: D07NO1 November 7, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1115 COMMITTEE MEETINGS FOR THURSDAY, Freedom posthumously to Dr. Benjamin Elijah Mays in NOVEMBER 8, 2001 honor of his distinguished career as an educator, civil and human rights leader, and public theologian; the nomina- (Committee meetings are open unless otherwise indicated) tion of Terry L. Wooten, to be United States District Senate Judge for the District of South Carolina; and the nomina- tion of John P. Walters, of Michigan, to be Director of Committee on Agriculture, Nutrition, and Forestry: business National Drug Control Policy, 10 a.m., SD–226. meeting to mark up S. 1628, to strengthen the safety net for agricultural producers, to enhance resource conserva- House tion and rural development, to provide for farm credit, agricultural research, nutrition, and related programs, to Committee on Education and the Workforce, Subcommittee ensure consumers abundant food and fiber, 10:30 a.m., on Education Reform, hearing on Impact Aid: Ensuring SR–328A. All Children Receive a Quality Education, 10:30 a.m., Committee on Appropriations: Subcommittee on Treasury 2175 Rayburn. and General Government, to hold hearings to examine Committee on Government Reform, hearing on ‘‘The Status the financial conditions of the U.S. Postal Service, 10 of Insurance Restitution for Holocaust Victims and Their a.m., SD–124. Heirs,’’ 10 a.m., 2154 Rayburn. Committee on Armed Services: to hold hearings on the Committee on the Judiciary, Subcommittee on Courts, the nomination of R. L. Brownlee, of Virginia, to be Under Internet, and Intellectual Property, oversight hearing on Secretary of the Army; the nomination of Dale Klein, of ‘‘Intellectual Property Litigation,’’ 2 p.m., 2141 Rayburn. Texas, to be Assistant to the Secretary of Defense for Nu- Committee on Resources, Subcommittee on Fisheries Con- clear and Chemical and Biological Defense Programs; and servation, Wildlife and Oceans, hearing on the following the nomination of Peter B. Teets, of Maryland, to be measures: H.R. 1071, National Sea Grant College Pro- Under Secretary of the Air Force, 9:30 a.m., SR–222. gram Authorization Enhancement Act; and the National Committee on Commerce, Science, and Transportation: to Sea Grant College Program Act Amendments of 2001, 10 hold hearings on the nomination of Conrad Lautenbacher, a.m., 1324 Longworth. Jr., of Virginia, to be Under Secretary of Commerce for Committee on Science, hearing on the Decontamination of Oceans and Atmosphere, 2:30 p.m., SR–253. Anthrax and Other Biological Agents, 10 a.m., 2318 Committee on Environment and Public Works: business Rayburn. meeting to consider pending calendar business, 2 p.m., Committee on Small Business, Subcommittee on Regu- SD–406. latory Reform and Oversight, hearing entitled ‘‘EPA Committee on Finance: business meeting to mark up the Rulemaking: Do Bad Analyses Lead to Irrational Rules?’’ Economic Recovery and Assistance for American Workers 10 a.m., 2360 Rayburn. Act of 2001, proposed as a substitute for H.R. 3090, to Committee on Transportation and Infrastructure, Sub- provide tax incentives for economic recovery, 2 p.m., committee on Water Resources and Environment, over- SD–215. sight hearing on Right-to-Know after September 11, 10 Committee on Foreign Relations: to hold hearings on the a.m., 2167 Rayburn. nomination of Eric M. Javits, of New York, for the rank Committee on Ways and Means, Subcommittee on Over- of Ambassador during his tenure of service as U.S. Rep- sight, hearing on the Response by Charitable Organiza- resentative to the Conference on Disarmament; the nomi- tions to the Recent Terrorist Attacks, 9:30 a.m., 1100 nation of Christopher Bancroft Burnham, of Connecticut, Longworth. to be Assistant Secretary of State for Resource Manage- Subcommittee on Social Security and the Sub- ment; the nomination of Sichan Siv, of Texas, to be an Alternate Representative of the United States of America committee on Oversight and Investigations of the Com- to the Sessions of the General Assembly of the United mittee on Financial Services, joint hearing on preventing Nations during his tenure of service as Representative of the identity theft by terrorists or criminals, 10 a.m., the United States of America on the Economic and Social 2128 Rayburn. Council of the United Nations; and the nomination of Richard S. Williamson, of Illinois, to be Alternate Rep- Joint Meetings resentative of the United States of America for Special Conference: meeting of conferees on H.R. 2330, making Political Affairs in the United Nations, with the rank of appropriations for Agriculture, Rural Development, Food Ambassador, 10 a.m., SD–419. and Drug Administration, and Related Agencies pro- Committee on the Judiciary: business meeting to consider grams for the fiscal year ending September 30, 2002, S. 1630, to extend for 6 additional months the period for 9:30 a.m., S–128, Capitol. which chapter 12 of title 11, United States Code, is reen- Conference: meeting of conferees on H.R. 2500, making acted; S. 986, to allow media coverage of court pro- appropriations for the Departments of Commerce, Justice, ceedings; S. Res. 23, expressing the sense of the Senate and State, the Judiciary, and related agencies for the fiscal that the President should award the Presidential Medal of year ending September 30, 2002, 4 p.m., S–128, Capitol.

VerDate 11-MAY-2000 03:02 Nov 08, 2001 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D07NO1.REC pfrm02 PsN: D07NO1 D1116 CONGRESSIONAL RECORD — DAILY DIGEST November 7, 2001

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, November 8 10 a.m., Thursday, November 8

Senate Chamber House Chamber Program for Thursday: Senate will begin consideration Program for Thursday: Consideration of Motions to go of S. 1428, Intelligence Authorization Bill. to Conference on: (1) H.R. 3061, Labor, HHS, and Education Appropria- tions; and (2) H.R. 2944, District of Columbia Appropriations Act. Consideration of conference report on H.R. 2620, VA, HUD Appropriations (rule waiving points of order).

Extensions of Remarks, as inserted in this issue

HOUSE Hoeffel, Joseph M., Pa., E2023, E2024 Radanovich, George, Calif., E2023, E2025, E2026, E2026 Inslee, Jay, Wash., E2028 Shimkus, John, Ill., E2025 Bereuter, Doug, Nebr., E2026, E2031 Israel, Steve, N.Y., E2027 Slaughter, Louise McIntosh, N.Y., E2027 Blumenauer, Earl, Ore., E2026 Jackson-Lee, Sheila, Tex., E2026 Smith, Christopher H., N.J., E2025, E2027 Capps, Lois, Calif., E2030 Kilpatrick, Carolyn C., Mich., E2028 Towns, Edolphus, N.Y., E2030 Clay, Wm. Lacy, Mo., E2030 McGovern, James P., Mass., E2023 Visclosky, Peter J., Ind., E2023, E2024 Clyburn, James E., S.C., E2025 Maloney, Carolyn B., N.Y., E2030 Wynn, Albert Russell, Md., E2027 Fossella, Vito, N.Y., E2026 Millender-McDonald, Juanita, Calif., E2029 Gilman, Benjamin A., N.Y., E2028 Miller, George, Calif., E2024, E2026

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